[Federal Register: September 22, 2004 (Volume 69, Number 183)]
[Notices]
[Page 56785-56787]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22se04-72]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[CA 670 1232 FH]
Final Supplementary Rules on Public Land in California
AGENCY: Bureau of Land Management, Interior.
ACTION: Final supplementary rules for payment of special recreation
permit fees immediately upon arrival at the Imperial Sand Dunes
Recreation Area.
-----------------------------------------------------------------------
SUMMARY: This notice contains final supplementary rules which will
apply to the public lands within the El Centro Resource Field Office,
California Desert District, Imperial County, California. The Bureau of
Land Management's (BLM) El Centro Field Office will be enforcing the
new supplementary rules. The supplementary rules require the payment of
special recreation permit fees immediately upon arrival at the Imperial
Sand Dunes Recreation Area. Any primary vehicle while on public lands
within the Planning Area Boundary or the recreation area must display a
weekly or seasonal permit for the areas identified above. The
definition of a primary vehicle is described in the Federal Register,
Vol. 63, No. 242 on Thursday, December 17, 1998, page 69,647, paragraph
3. It stated ``A primary transportation vehicle is a street legal
vehicle used for transportation to the site.'' The rules are to enhance
the Imperial Sand Dunes Recreation Fee Program and provide revenue for
resource protection, and for public health and safety.
EFFECTIVE DATE: The final rules are effective on September 22, 2004.
ADDRESSES: Mail: Bureau of Land Management, El Centro Field Office,
1661 S. 4th St., El Centro, CA 92243.
Personal or messenger delivery: Bureau of Land Management, El
Centro Field Office, 1661 S. 4th St., El Centro, CA 92243.
Internet e-mail: Neil_Hamada@ca.blm.gov.
FOR FURTHER INFORMATION CONTACT: Neil Hamada, Dunes Manager, Imperial
Sand Dunes Recreation Area, Bureau of Land Management, El Centro Field
Office, 1661 S. 4th St., El Centro, CA 92243, (760) 337-4451.
SUPPLEMENTARY INFORMATION:
I. Comments
The proposed supplementary rule was published on November 20, 2003
[68 FR 65471] informing the public that comments on the rule were due
on December 22, 2003. The BLM received nine letters. Some of these
letters contained comments on several issues. The following is a
summary of the comments:
Six comments were beyond the scope of this proposed rule.
Four comments stated that purchasing the passes was
inconvenient.
--BLM Response--BLM has established off site sale for visitor
convenience.
One comment stated that first time visitors will not know
where to purchase passes.
--BLM Response--Signs are located along all the major entry points.
Three comments opposed the rule.
--BLM Response--Comment noted.
One comment stated that the rule will cause traffic
congestion.
--BLM Response--The rule's implementation will not change current
traffic patterns or add additional congestion. The BLM will continue to
enfore permit compliance in the same manner, through check points and
campsite visits. The BLM does not plan to changes any activities to
alter traffic patterns.
One comment wanted to keep the current rule.
--BLM Response--The rule is needed to enhance fee compliance to provide
revenue for resource protection, and for public health and safety. The
current rule allows visitors a 30 minute grace period before purchasing
a permit. Due to the high levels of visitation (over one million
[[Page 56786]]
per year), it is inefficient for law enforcement wait 30 minutes for
each visitor to comply with the permit regulations. The new rule will
allow law enforcement to efficiently enforce permit compliance as
visitors arrive at fee checkpoints.
II. Background
These supplementary rules are consistent with the preferred
alternative in the Imperial Sand Dunes Recreation Area Management Plan
(RAMP). Special Recreation Permit fees were initially implemented in
January 1999. Supplementary rules were published on December 17, 1998
[63 FR 69646] establishing those fees. These additional proposed
supplementary rules were published in the Federal Register on November
20, 2003 [68 FR 65471] to clarify the existing rules, and are to be
appended to the 1998 supplementary rules.
III. Discussion of Supplementary Rules
The BLM has regularly recorded over one million visits to the Dunes
on an annual basis. Implementing these supplementary rules would
require the payment of special recreation permit fees immediately upon
arrival at the Imperial Sand Dunes Recreation Area. Any primary vehicle
while on public lands within the Planning Area Boundary or the
recreation area will be required to display a weekly or seasonal permit
for these areas. The supplementary rules are consistent with the
preferred alternative in the Imperial Sand Dunes RAMP, and only clarify
when the public needs to pay their special recreation permit fee. The
RAMP's objectives are to provide the public a safe and enjoyable
experience while visiting the dunes and to protect the BLM employees
and volunteers maintaining the natural resources. The goals are to
reduce or eliminate assaults, drug use, driving under the influence of
drugs or alcohol, theft, and any unruly behavior that may lead to any
of these, and to encourage users to obey all safety rules and
regulations, so as to prevent accidents. The implementation of special
recreation permit fees in the dunes will provide the resources
necessary to meet these goals and objectives.
These supplementary rules will apply to the public lands within the
area identified in the Imperial Sand Dunes Recreation Area Management
Plan as the Planning Area Boundary, Mammoth Wash Management Area, North
Algodones Dunes Wilderness Management Area, Gecko Management Area,
Glamis Management Area, Adaptive Management Area, Ogilby Management
Area, Dune Buggy Flats Management Area, and the Buttercup Management
Area. BLM has determined these supplementary rules are necessary to
enhance the Imperial Sand Dunes Recreation Fee Program and to provide
revenue for resource protection and for public health and safety.
IV. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
These supplementary rules are not a significant regulatory action
and are not subject to review by Office of Management and Budget under
Executive Order 12866. These supplementary rules will not have an
effect of $100 million or more on the economy. They are not intended to
affect commercial activity, but merely clarify when a fee that is
already charged must be paid.
The supplementary rules will not adversely affect, in a material
way, the economy, productivity, competition, jobs, the environment,
public health or safety, or state, local, or tribal governments or
communities. The proposed supplementary rules will not create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency. The supplementary rules will not alter the budgetary
effects of entitlements, grants, user fees, or loan programs or the
right or obligations of their recipients; nor will they raise novel
legal or policy issues.
National Environmental Policy Act
BLM has determined that these final supplementary rules requiring
the payment of special recreation permit fees immediately upon arrival
at Imperial Sand Dunes Recreation Area and certain other locations are
purely administrative in nature. Therefore, they are categorically
excluded from environmental review under section 102(2)(C) of the
National Environmental Policy Act, pursuant to 516 Departmental Manual
(DM), Chapter 2, Appendix 1. In addition, the proposed rules do not
meet any of the 10 criteria for exceptions to categorical exclusions
listed in 516 DM, Chapter 2, Appendix 2. Pursuant to Council on
Environmental Quality regulations (40 CFR 1508.4) and the environmental
policies and procedures of the Department of the Interior, the term
``categorical exclusions'' means a category of actions that do not
individually or cumulatively have a significant effect on the human
environment, that have been found to have no such effect in procedures
adopted by a Federal agency, and for which neither an environmental
assessment nor an environmental impact statement is required.
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act (RFA) of 1980, as
amended, 5 U.S.C. 601-612, to ensure that Government regulations do not
unnecessarily or disproportionately burden small entities. The RFA
requires a regulatory flexibility analysis if a rule would have a
significant economic impact, either detrimental or beneficial, on a
substantial number of small entities. The supplementary rule does not
pertain specifically to commercial or governmental entities of any
size, but to public recreational use of specific public lands. It
merely makes clear when a fee that is already charged must be paid.
Therefore, BLM has determined under the RFA that the final
supplementary rule would not have a significant economic impact on a
substantial number of small entities.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
The supplementary rules do not constitute a ``major rule'' as
defined at 5 U.S.C. 804(2). Again, the supplementary rules merely
clarify when a fee that is already charged must be paid. The
supplementary rules have no effect on business--commercial or
industrial--use of the public lands.
Executive Order 12630, Governmental Actions and Interference With
Constitutionally Protected Property Rights (Takings)
The final supplementary rules do not represent a government action
capable of interfering with constitutionally protected property rights.
They merely clarify when a fee that is already charged must be paid.
Therefore, the Department of the Interior has determined that the final
rules would not cause a taking of private property or require further
discussion of takings implications under this Executive Order.
Executive Order 13132, Federalism
The final rules will not have a substantial direct effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. They merely clarify when a fee that is
already charged must be paid. Therefore, in accordance with Executive
Order 13132, BLM has determined that these final rules do not have
sufficient Federalism
[[Page 56787]]
implications to warrant preparation of a Federalism Assessment.
Executive Order 12988, Civil Justice Reform
Under Executive Order 12988, the Office of the Solicitor has
determined that these final rules would not unduly burden the judicial
system and that it meets the requirements of sections 3(a) and 3(b)(2)
of the Order.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments [Replaces Executive Order 13084]
In accordance with Executive Order 13175, we have found that the
final supplementary rules do no include policies that have tribal
implications. They merely clarify when a fee that is already charged
must be paid.
Paperwork Reduction Act
These final rules do not contain information collection
requirements that the Office of Management and Budget must approve
under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq.
Author
The principal author of the final rules is Chief Area Ranger Robert
Zimmer, Bureau of Land Management, El Centro Field Office, California.
Final Rules for Payment of Special Recreation Permit Fees Immediately
Upon Arrival at the Imperial Sand Dunes Recreation Area Under 43 CFR
8365.1-8365.6, the Bureau of Land Management will enforce the following
final rules on the public lands within the area identified as defined
in the Imperial Sand Dunes Recreation Area Management Plan as the
Planning Area Boundary, Mammoth Wash Management Area, North Algodones
Dunes Wilderness Management Area, Gecko Management Area, Glamis
Management Area, Adaptive Management Area, Ogilby Management Area, Dune
Buggy Flats Management Area, and the Buttercup Management Area. These
lands are within the Imperial Sand Dunes Special Recreation Management
Area within the lands managed by the El Centro Field Office of the
California Desert District, California. You must follow these rules:
Sec. 1 When must visitors pay the special recreation permit fees?
You must pay the special recreation permit fees immediately upon
arrival.
Sec. 2 How must permits be displayed?
Any primary vehicle while on public lands within the Planning Area
Boundary or the recreation area must display a weekly or seasonal
permit for the areas described above.
Sec. 3 What are the penalties for violations of these rules?
Under section 303(a) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1733(a)) and 43 CFR 8360.0-7 if you violate any of
these final rules on public lands within the boundaries established in
the rules, you may be tried before a United States Magistrate and fined
no more than $1000 or imprisoned for no more than 12 months, or both.
Such violations may also be subject to the enhanced fines provided for
by 18 U.S.C. 3571.
Dated: June 7, 2004.
Mike Pool,
California State Director.
[FR Doc. 04-21261 Filed 9-21-04; 8:45 am]
BILLING CODE 4310-40-P