[Federal Register: September 25, 2009 (Volume 74, Number = 185)] [Notices] =20 [Page 49010-49016] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr25se09-119] =20 ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Land Management [AZ-330-09-L12320000-AL0000-LVRCAZ070000] =20 Notice of Final Supplementary Rules on Public Lands Managed by=20 the Lake Havasu Field Office, Arizona and California AGENCY: Bureau of Land Management, Interior. ACTION: Final supplementary rules. ----------------------------------------------------------------------- SUMMARY: The Bureau of Land Management (BLM) Lake Havasu Field Office=20 is issuing revised supplementary rules to implement decisions of the=20 Lake Havasu Field Office Resource Management Plan (2007), to protect=20 valuable and fragile natural and cultural resources, and to provide for=20 public safety and enjoyment. DATES: These supplementary rules are effective October 26, 2009. ADDRESSES: Bureau of Land Management, Lake Havasu Field Office, 2610=20 Sweetwater Avenue, Lake Havasu City, Arizona 86406 or e-mail to Lake_ Havasu@blm.gov. FOR FURTHER INFORMATION CONTACT: Mike Henderson, Assistant Field=20 Manager, or Michael Dodson, Field Staff Law Enforcement Ranger, Bureau=20 of Land Management, Lake Havasu Field Office, 2610 Sweetwater Avenue,=20 Lake Havasu City, Arizona 86406; telephone 928-505-1200, e-mail Mike_ Henderson@blm.gov or Michael_Dodson@blm.gov. SUPPLEMENTARY INFORMATION: I. Background II. Discussion of Supplementary Rules III. Procedural Matters I. Background The following supplementary rules cover 1.3 million acres of the=20 public land in the States of Arizona and California within the=20 jurisdiction of the BLM Lake Havasu Field Office. These lands were=20 included in the Lake Havasu Field Office Resource Management Plan=20 (2007), and are adjacent to the Colorado River in the counties of=20 Mohave, Maricopa, and La Paz (Arizona), and San Bernardino=20 (California). The supplementary rules are created to implement the Lake=20 Havasu Field Office Resource Management Plan on public lands within the=20 planning area and to provide for continued management of these specific=20 areas: Lake Havasu Shoreline, Parker Strip Recreation Management Area,=20 Craggy Wash, and Swansea Townsite. The primary purpose of the Lake Havasu Shoreline Program is to=20 provide areas for boating, camping, and day-use. The recreation sites,=20 designated as camps or day-use sites, are in areas traditionally used=20 by boat-in camp visitors. This program was established to accommodate=20 the increasing demand for shoreline recreational sites and to improve=20 management of the natural resources. The designation of fee sites=20 assures that specific locations are available for such use year after=20 year. The Parker Strip Recreation Management Area also experiences high=20 visitor use. It contains campgrounds, day-use areas, off-highway=20 vehicle use areas, boat ramps, picnic areas, concession operated=20 resorts, and the Parker Dam Road National Backcountry Byway. The Craggy Wash area is located directly adjacent to the north side=20 of the Lake Havasu City Municipal Airport and east of State Route 95.=20 It is heavily used for dispersed camping during the cooler months of=20 the year (October to April). The area is also utilized by target=20 shooters, off-highway vehicles, sightseers, bicyclists, and hikers.=20 Frequently, as many as 300 visitors may be in the area at one time. These supplementary rules replace existing rules for the Lake=20 Havasu Shoreline, Aubrey Hills area, Craggy Wash area, Standard Wash=20 area, Desert Bighorn Sheep Lambing Grounds (in Lake Havasu City, AZ),=20 the Parker Strip Recreation Area (adjacent to the Colorado River in=20 Arizona and California), and the Swansea Townsite (in La Paz County,=20 Arizona). Existing supplementary rules were published in the Federal=20 Register on September 15, 2003 (68 FR 54004-54007). These supplementary=20 rules also replace previous supplementary rules published on May 21,=20 1998 (63 FR 27995), May 18, 1998 (63 FR 27316), and October 12, 1995=20 (60 FR 53194). On March 4, 2008, the BLM published a notice of proposed=20 supplementary rules and sought public comment, 73 FR 11662-11666. The=20 public comment period closed May 5, 2008. BLM [[Page 49011]] received 15 comments. All comments referred to Proposed Supplementary=20 Rule 29, regarding off-highway vehicle use on the Parker Strip=20 Recreation Management Area. One comment also addressed Proposed=20 Supplementary Rules 21, 26, 27, and 28. The following information responds to the public comments: Rule 21. You must not possess glass beverage containers on land or=20 in the water. You may possess glass beverage containers only within the=20 confines of a vessel. The comment stated that the rule would exclude=20 visitors from having glass beverage containers inside mobile homes and=20 recreational vehicles at concession resorts, and that it should be=20 rewritten to exclude concessions and apply only to the shoreline of=20 Lake Havasu. BLM Response: The rule pertains to the possession of glass beverage=20 containers throughout the Lake Havasu Shoreline Area and Parker Strip=20 Recreation Management Area on beaches, shoreline areas, and those areas=20 that provide immediate access to such sites. Such sites are along the=20 shoreline of the Colorado River through both Lake Havasu and the Parker=20 Strip, including concession shorelines in both areas. This rule is=20 intended to keep glass from entering these areas and becoming a hazard.=20 This rule was carried forward unchanged from the existing rule=20 established in 2003, and is consistent with similar rules at other=20 Federal, State and local areas with similar uses. However, upon=20 reviewing this comment, we have decided it is reasonable to allow glass=20 beverage containers within the confines of mobile homes, recreational=20 vehicles, mobile vacation homes, and enclosed buildings at concession=20 resorts. This final rule has been revised accordingly. Rule 26. You must not park or operate vehicles in violation of=20 posted restrictions. The comment asked for a clarification of what is=20 meant by ``posted restrictions'' because, without clarification, the=20 intent of the rule is difficult to understand. BLM Response: The intent of this rule is to provide reasonable=20 notice that the BLM will facilitate the regulation of traffic and=20 parking within the Parker Strip Recreation Management Area by posting=20 appropriate-sized signs or notices of restrictions and prohibitions. It=20 is difficult to state in these supplementary rules all of the possible=20 restrictions that may apply in specific locations, and exactly how=20 those restrictions will be posted. The BLM believes that the proposed=20 supplementary rule is sufficiently clear, and the final rule has not=20 been changed. Rule 27. Disorderly conduct is prohibited. The comment stated that=20 the rule was too broad and does not define the particular conduct which=20 is being prohibited, and that it should pertain to all BLM lands. BLM Response: Disorderly conduct is defined in regulations of the=20 BLM at Title 43 Code of Federal Regulations (CFR) 423.2 and 8365.1-4.=20 These regulations are applicable on all public lands. Similarly,=20 disorderly conduct is defined at Arizona Revised Statute 13-2904 and=20 California Penal Code Section 415, and those provisions are applicable=20 in those respective states. The BLM believes that the clarity of these=20 definitions is sufficient, but at the same time believes it is helpful=20 to include this provision in the supplementary rules for the Parker=20 Strip Recreation Management Area because Federal Register notices may=20 be used for posting. In addition, including this provision here helps=20 communicate, as a visitor service, the laws and rules that apply to a=20 specific area. The final rule remains unchanged from the proposed rule. Rule 28. On BLM-managed campgrounds, no more than 8 (eight) persons=20 may occupy one campsite. The commenter understands that the rule does=20 not apply to concessions, but prefers that the rule specifically=20 exclude concession operations because concessionaires manage the group=20 size and occupancy of spaces within concessions. BLM Response: This rule already clearly states that it applies ``on=20 BLM-managed campgrounds,'' and it is unnecessary to include an=20 additional exclusion that it does not apply to concession-managed=20 resorts. BLM-managed campgrounds are directly managed by BLM Volunteer=20 Campground Hosts. BLM-managed campgrounds are clearly marked as such by=20 signing and the presence of a Volunteer Campground Host. Concession=20 Resort Representatives manage resorts under permitted policies in=20 accordance with BLM policy, rules, and Federal, State, and local laws.=20 The Concession Resorts are also prominently signed as such. The final=20 rule is therefore the same as the proposed rule. Rule 29. The operation of off-highway vehicles within any BLM- managed campground, concession resort, or facility is prohibited. This=20 includes, but is not limited to, off-road only motorcycles, 3- to 8- wheel all-terrain vehicles, and those motor vehicles of which the=20 primary manufactured purpose is for off-highway, rough terrain, or non- highway utility usage. This prohibited use applies to all off-highway=20 vehicles on the California side of the Parker Strip Recreation=20 Management Area that are not specifically registered, insured, or legal=20 in the State of California for highway operation. This prohibition is=20 in effect regardless of registration or highway operations laws of=20 another state or foreign jurisdiction. This prohibited use also applies=20 to all off-highway vehicles on the Arizona side of the Parker Strip=20 Recreation Management Area that are not specifically registered,=20 insured, or legal for highway operation in the State of Arizona. This=20 prohibition is in effect regardless of registration or highway=20 operations laws of another state or foreign jurisdiction. Golf carts=20 may be operated only within BLM-managed campgrounds, concession=20 resorts, and facilities. Operation of an off-highway vehicle or golf=20 cart upon any public highway or road, or the shoulders thereof, is=20 prohibited. The operation of a golf cart by a person under 16 years of=20 age is prohibited, unless under the immediate and direct supervision of=20 a person over 21 years of age. Several commenters stated that their=20 personal off-highway vehicles are street legal in Arizona, and=20 questioned why the proposed supplementary rule would apply in=20 California. BLM Response: The State of California does not allow the operation=20 of off-highway vehicles on streets or highways, except under very=20 limited circumstances. The State of California does not register off- highway vehicles as street legal, so registrations from other states=20 are not recognized in California, pursuant to Section 38006 of the=20 California Vehicle Code. As explained for Rule 27, including this=20 provision in the supplementary rules helps emphasize the message as a=20 visitor service. Similar rules have been posted at all of the Parker=20 Strip Recreation Management Area's campgrounds and concession resorts=20 since 1998. The proposed supplementary rule further clarifies what is=20 an off-highway vehicle and what use of such vehicles constitutes a=20 violation. The definition of what constitutes an ``off highway=20 vehicle'' can be found in this rule. It may also be found in Section=20 38001 of the California Vehicle Code. On the California side of the Parker Strip Recreation Management=20 Area, the total prohibition of off-highway vehicle use within the=20 concession resorts and BLM-managed campgrounds or facilities mirrors=20 those laws found within the California Vehicle Code, including but not=20 limited to: Sections 530, 590, 360, 4000 and 38000 to 38506. The State=20 of California does not allow the operation of off-highway vehicles on=20 streets or highways, except under very limited [[Page 49012]] circumstances. The State of California only allows the operation of a=20 golf cart on roads, highways or other areas in which the posted or safe=20 speed limit is less than 25 miles per hour, pursuant to Section 21716=20 California Vehicle Code. The definition of a golf cart can be found at=20 Section 345 of the California Vehicle Code. Parker Dam Road is posted=20 at 55 miles per hour and golf cart operation on the highway or upon the=20 shoulder of the highway is prohibited. Golf carts may be operated=20 within BLM managed campgrounds, concession resorts or other facilities=20 pursuant to 21115 and 4019 of the California Vehicle Code. The part of=20 the rule referencing the age of a person operating a golf cart is=20 consistent with 43 CFR 8341.1(E) and 12814.6 California Vehicle Code. On the Arizona side of the Parker Strip Recreation Management Area,=20 operation of off-highway vehicles is allowed within concession resorts=20 and BLM-managed campgrounds or facilities if the off-highway vehicles=20 meet the specific requirements of Arizona law. This rule mirrors those=20 laws found at, but not limited to, Arizona Revised Statutes Chapters 17=20 and 28. The State of Arizona allows the operations of ``street legal''=20 off-highway vehicles on public streets and highways under certain=20 conditions and terms. The definitions of an all terrain vehicle and an=20 off highway vehicle may be found at Arizona Revised Statutes 28-101.3=20 and 101.34. Golf carts can also be registered as being ``street legal''=20 in the State of Arizona. The definition of a golf cart may be found at=20 Arizona Revised Statutes 28-101(23). Those off highway vehicles and=20 golf carts that are registered in the State of Arizona as ``street=20 legal'' may be operated on roads, highways and streets. The part of the=20 rule referencing the age of a person operating a golf cart is=20 consistent with 43 CFR 8341.1(E) and Arizona Revised Statutes 28-3153. One comment stated this rule remains too broad because it could be=20 applied to vehicles not intended for off-road use, such as travel=20 trailers, motor homes, or similar vehicles that are parked or stored=20 off the road on leased lands. BLM Response: This rule is adequately worded to clearly apply to=20 the active operation of vehicles, specifically designed for off-highway=20 use, that are not appropriate for highway operation. Two comments questioned why golf carts are allowed but off-highway=20 vehicles are not. BLM Response: As with off-highway vehicles, the rule was written to=20 reflect how California and Arizona State law allows the use of golf=20 carts. Two comments stated the off-highway prohibition was taking away=20 their ``privilege'' of using off-highway vehicles on driveways, through=20 park entrances, and road shoulders to travel from a resort to a riding=20 area along the roadside, and that there was no other way to transport=20 the off-highway vehicle to the riding area. BLM Response: BLM cannot condone violation of State law and=20 regulations through granting a privilege. Off-highway vehicles can be=20 transported to the riding area by using a legal method initially=20 employed to bring the off-highway vehicle into the resort. Another comment was that the roads within BLM concession resorts=20 are private roads; therefore State laws regarding use of vehicles on=20 public roads do not apply. BLM Response: All BLM concession resorts are located on leased=20 public lands. Each of these resorts require a Concessions Permit and=20 these resorts, including the lands and streets within, are under the=20 direct criminal, civil and administrative jurisdiction of the BLM.=20 Concession Resorts are not ``private lands or streets.'' State Law is=20 also effective to the extent that it does not conflict with Federal=20 Law, rules or regulations. The legal citations for the Bureau of Land=20 Management's jurisdiction are FLMPA--43 U.S.C. 1700l; BOR OHV Rules--43=20 CFR 420 and 423; BLM Concessions/Permits--43 CFR 2920; BLM OHV Rules-- 43 CFR 8340 and 8341. Those lands that have rights-of-ways, leases and=20 permits are still within the jurisdiction of the Bureau of Land=20 Management. The intent of this rule is to emphasize that if State Law=20 defines the operation of a particular vehicle in a certain area, these=20 laws and rules also apply to those lands under the jurisdiction of the=20 Bureau of Land Management. Although on-site representatives of=20 concessions management enforce park management rules and procedures,=20 they have no legal authority to manage traffic or criminal behavior,=20 nor enforce any laws or rules, within the concession resorts. Although=20 they may advise the public of applicable laws and rules, they must=20 contact BLM Law Enforcement Rangers, the local County Sheriff, or the=20 State Highway Patrol, to legally enforce such laws and rules. II. Discussion of Supplementary Rules The BLM has issued these supplementary rules to manage continued=20 multiple use of public lands. Under the authority of 43 United States=20 Code (U.S.C.) 1733(a), 16 U.S.C. 6802(f) and (g) (2), and 43 CFR=20 8365.1-6, the BLM establishes the following supplementary rules for=20 public lands administered under the Lake Havasu Field Office Resource=20 Management Plan. These supplementary rules replace previous rules published in the=20 Federal Register on September 15, 2003 (68 FR 54004) and May 21, 1998=20 (63 FR 27995). The supplementary rules for the Lake Havasu Shoreline=20 Area apply to the BLM-managed lands within 1,000 linear feet of the=20 high water mark (450-foot elevation line) of Lake Havasu, located in=20 Mohave and La Paz Counties in Arizona, and in San Bernardino County,=20 California. These rules also apply to portions of Lake Havasu located=20 within 500 linear feet of designated campsites, day-use sites, fishing=20 docks, boat docks, and swimming beaches. Included in this area are the=20 following currently designated camps (listed by their location along=20 the lake's Arizona shoreline from north to south): Bluebird; Wren Cove=20 (2 sites); Mallard Cove (6 sites); Teal Point (2 sites); Widgeon Key;=20 Road Runner (2 sites); Solitude Cove; Balance Rock Cove; Friendly=20 Island (4 sites); Goose Bay (2 sites); Pilot Rock (3 sites); Steamboat=20 Cove (4 sites); Buzzard Cove; Eagle Cove; Eagle Point; Ewe Camp;=20 Rachel's Camp; Linda's Camp; Sand Isle (3 sites); Standard Wash (3=20 sites); Echo Cove (3 sites); Coyote Cove (2 sites); BLM Camp (2 sites);=20 Whyte's Retreat (2 sites); Rocky Landing (3 sites); Satellite Cove (3=20 sites); Hum Hum Cove (2 sites); Cove of the Little Foxes; Disneyland (3=20 sites); Gnat Keys (2 sites); Hi Isle (10 sites); Big Horn (2 sites);=20 Bass Bay (2 sites); Larned Landing (3 sites); Bill Williams (5 sites). The supplementary rules for the Parker Strip Recreation Management=20 Area replace those published on September 15, 2003 (68 FR 54004), and=20 October 12, 1995 (60 FR 53194), and the supplementary rules for the=20 Empire Landing and Crossroads Campgrounds, which are situated within=20 the Parker Strip Recreation Management Area, published May 18, 1998 (63=20 FR 27316). These supplementary rules apply to the Parker Strip=20 Recreation Management Area, which is defined as: Gila and Salt River Meridian, Arizona T. 11 N., R. 18 W., Sec. 15, 16, 22, 28, and 34. T. 10 N., R. 18 W., Sec. 5 (W1/2, NW1/4, SW1/4), Sec. 6, Sec. 7,=20 Lots 1-4, (NE1/4, N1/2, SE1/4, SW1/4, SE1/4) Sec. 18 (Lot 1, NW1/4,=20 NE1/4). T. 10 N., R. 19 W., Sec. 12, Sec. 13 (N1/2, N1/2, N1/2, SW1/4, NE1/ 4, NW1/4, SE1/4, NE1/4, N1/2, SE1/4, NW1/4, SW1/4, NW1/4, W1/2, SW1/ 4), Sec. 14, 22 and 23, Section 24 (W1/2, NW1/4). [[Page 49013]] San Bernardino Meridian, California T. 2 N., R. 27 E., all. T. 2 N., R. 26 E., Sec. 1, 11-15, 21-27 and 34-36. T. 1 N., R. 26 E., Sec. 2, 3, 10, and 11. The supplementary rules for the Craggy Wash area replace=20 supplementary rules for Craggy Wash published September 15, 2003 (68=20 FR 54004). The supplementary rules for dispersed camping in the=20 Craggy Wash area are necessary to manage the high volume of=20 visitation to the area during the fall, winter, and spring seasons.=20 The Craggy Wash area is defined as public lands located with the=20 following legal description: Gila and Salt River Meridian, Arizona T. 14 N., R. 20 W., Sec. 4 (N\1/2\), Sec. 3 (N\1/2\), Sec. 2 (N\1/ 2\). T. 15 N., R. 20 W., Sec. 33, 34, 35, 36. The supplementary rules for Swansea Townsite replace previously=20 published rules. The Swansea Townsite area is defined as public=20 lands located with the following legal description: Gila and Salt River Meridian, Arizona T. 10 N., R. 15 W., Sec. 28, W\1/2\ SW\1/4\; Sec. 29, S\1/2\; Sec.=20 32, N\1/2\; Sec. 33, W\1/2\ NW\1/4\. III. Procedural Matters Executive Order 12866, Regulatory Planning and Review These supplementary rules are not significant and are not subject=20 to review by the Office of Management and Budget under EO 12866. (1) These supplementary rules will not have an effect of $100=20 million or more on the economy. They will not adversely affect in a=20 material way the economy, productivity, competition, jobs, the=20 environment, public health or safety, or State, local, or tribal=20 governments or communities. (2) These supplementary rules will not create a serious=20 inconsistency or otherwise interfere with an action taken or planned by=20 another agency. (3) These supplementary rules do not alter the budgetary effects or=20 entitlements, grants, user fees, or loan programs or the rights or=20 obligations of their recipients. (4) These supplementary rules do not raise novel legal or policy=20 issues. The supplementary rules will not affect legal commercial activity,=20 but merely contain rules of conduct for public use of a limited=20 selection of public lands. Clarity Executive Order 12866 requires each agency to write regulations=20 that are simple and easy to understand. The BLM invites your comments=20 on how to make these supplementary rules easier to understand,=20 including answers to questions such as the following: (1) Are the requirements in the supplementary rules clearly stated? (2) Do the supplementary rules contain technical language or jargon=20 that interferes with their clarity? (3) Does the format of the supplementary rules (grouping and order=20 of sections, use of headings, paragraphing, etc.) aid or reduce their=20 clarity? (4) Would the supplementary rules be easier to understand if they=20 were divided into more (but shorter) sections? (5) Is the description of the supplementary rules in the=20 SUPPLEMENTARY INFORMATION section of this preamble helpful in=20 understanding them? How could this description be more helpful in=20 making the supplementary rules easier to understand? Please send any comments you may have on the clarity of the=20 supplementary rules to one of the addresses specified in the ADDRESSES=20 section. Regulatory Flexibility Act The Department of the Interior certifies that these supplementary=20 rules will not have a significant economic effect on a substantial=20 number of small entities under the Regulatory Flexibility Act (5 U.S.C.=20 601 et seq.). The supplementary rules will not affect legal commercial=20 activity, but will govern conduct for public use of a limited selection=20 of public lands. Small Business Regulatory Enforcement Fairness Act These supplementary rules do not constitute a major rule under 5=20 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act.=20 These supplementary rules: (1) Do not have an annual effect on the economy of $100 million or=20 more. (See the discussion under Regulatory Planning and Review, above.) (2) Will not cause a major increase in costs or prices for=20 consumers, individual industries, Federal, State, or local government=20 agencies, or geographic regions. (See the discussion under Regulatory=20 Flexibility Act, above.) (3) Do not have significant adverse effects on competition,=20 employment, investment, productivity, innovation, or the ability of=20 U.S.-based enterprises to compete with foreign-based enterprises. Unfunded Mandates Reform Act These supplementary rules do not impose an unfunded mandate on=20 State, local, or tribal governments or the private sector of more than=20 $100 million per year. The supplementary rules do not have a=20 significant or unique effect on State, local, or tribal governments, or=20 the private sector. The supplementary rules have no effect on=20 governmental or tribal entities. A statement containing the information=20 required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is=20 not required. Executive Order 12630, Governmental Actions and Interference With=20 Constitutionally Protected Property Rights (Takings) In accordance with EO 12630, the supplementary rules do not have=20 significant takings implications. The enforcement provision in the=20 supplementary rules does not include any language requiring or=20 authorizing forfeiture of personal property or any property rights. The=20 EO 12630 addresses concerns based on the Fifth Amendment dealing with=20 private property taken for public use without compensation. The land=20 covered by the supplementary rules is public land managed by the BLM;=20 therefore, no private property is affected. A takings implications=20 assessment is not required. Executive Order 13132, Federalism These supplementary rules will not have a substantial direct effect=20 on the states, on the relationship between the National Government and=20 the states, or on the distribution of power and responsibilities among=20 the various levels of government. Therefore, in accordance with=20 Executive Order 13132, the BLM has determined that these supplementary=20 rules do not have sufficient Federalism implications to warrant=20 preparation of a Federalism Assessment. Executive Order 12988, Civil Justice Reform In accordance with EO 12988, the BLM has determined that these=20 supplementary rules do not unduly burden the judicial system and meet=20 the requirements of sections 3(a) and 3(b)(2) of the Order. Executive Order 13175, Consultation and Coordination With Indian Tribal=20 Governments In accordance with EO 13175, we have found that these final rules=20 would not include policies that have tribal implications. The=20 supplementary rules would not affect lands held for the benefit of=20 Tribes and Alaskan Natives. Paperwork Reduction Act These supplementary rules do not contain information collection=20 requirements that the Office of Management and Budget must approve [[Page 49014]] under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). National Environmental Policy Act (NEPA) The BLM prepared an environmental impact statement as part of the=20 development of the Lake Havasu Field Office Resource Management Plan.=20 During the National Environmental Policy Act process, many proposed=20 decisions were fully analyzed, including the substance of these=20 supplementary rules. The NEPA analysis for the decisions outlined in=20 the Supplementary Rules was presented in the Draft RMP (BLM, 2005) and=20 Final Environmental Impact Statement (2006). The decisions were=20 approved in the Record of Decision (ROD) and Resource Management Plan,=20 on May 10, 2007. The supplementary rules provide enforcement of plan=20 decisions. The rationale for the decisions made in the plan is fully=20 covered in the EIS. The EIS is available for review in the BLM=20 administrative record at the address specified in the ADDRESSES=20 section. Executive Order 13211, Actions Concerning Regulations That=20 Significantly Affect Energy Supply, Distribution, or Use These supplementary rules do not comprise a significant energy=20 action. The supplementary rules would not have an adverse effect on=20 energy supplies, production, or consumption. They have no connection=20 with energy policy. Author The principal author of these supplementary rules is Michael=20 Dodson, Field Staff Law Enforcement Ranger, Bureau of Land Management=20 Lake Havasu Field Office. For the reasons stated in the Preamble, and under the authority for=20 supplementary rules in 43 U.S.C. 1733(a) and 1740 and 43 CFR 8365.1-6,=20 the Arizona State Director, Bureau of Land Management, establishes the=20 following supplementary rules: Supplementary Rules for All Public Lands Administered Under the Lake=20 Havasu Field Office Resource Management Plan (2007) 1. Collection of dead and down wood is allowed only within 100 feet=20 of a dispersed campsite and only for use in campfires as defined in 43=20 CFR 9212.0-5(e). The amount of firewood collected may not exceed the=20 amount reasonably necessary to enjoy a traditional campfire (43 CFR=20 8365.1-5(b)(5)). Destruction, gathering or vandalism of live vegetation=20 is prohibited. On-site collection or ignition of any other form of=20 wood, such as building materials, artifacts, picnic tables, signs, or=20 facilities from public lands is strictly prohibited. The use of=20 commercially available firewood from off-site sources is recommended=20 and strongly encouraged. Bonfires or other fire that exceeds a campfire=20 as defined in 43 CFR 9212.0-5(e) are prohibited. Any person responsible=20 for a campfire must possess on-site at least one means of rapidly=20 extinguishing the fire, which may include, but is not limited to, a=20 shovel, a fire blanket, at least five gallons of water, or a proper=20 fire extinguisher. Leaving an active campfire unattended is prohibited=20 (43 CFR 9212.1(d)). 2. All activities involving the use of paintballs are prohibited in=20 any wilderness area, any wilderness study area, and any area of=20 critical environmental concern, or within one-quarter mile of any=20 established facilities, sites, campgrounds, residences, trailheads,=20 staging areas, roads or other special designations. This also applies=20 to any other area posted as prohibiting paintball activities, and is in=20 effect even if commercially available and marketed biodegradable=20 paintball materials are being used. The use of any type of paintball=20 materials is prohibited in these areas. In authorized areas, paintball=20 materials must be commercially manufactured and biodegradable. 3. In the Standard Wash Off-Highway Vehicle Use Area (Open Area=20 pending), and the Shea Road/Osborn Wash Off-Highway Vehicle Use Area=20 (Open Area pending), all motorized vehicle use and access shall be=20 managed to restrict such use to existing roads and trails, until such=20 time that appropriate environmental clearances are obtained. No person=20 shall engage in motorized travel off existing routes (such as off-=20 highway vehicle free-play or cross-country travel) until such time as=20 these areas are authorized opened for that use. Upon full environmental=20 clearance of both off-highway vehicle use areas and re-designation as=20 open areas, this paragraph of the Supplementary Rule shall become null=20 and void. However, each Open Area may obtain clearance and be opened=20 for such use independently of each other and at different times. 4. Dispersed camping in undeveloped areas is authorized without=20 permit for up to 14 days within any 28-day period. After the 14th day,=20 campers must move beyond a 25-mile radius of their previous camp. This=20 does not apply to concessions, public agency leases, and Long-Term=20 Visitor Areas. 5. Overnight camping at the Lake Havasu Shoreline sites, Swansea=20 Townsite and the Three Rivers Riparian District is limited to those=20 recreation sites specifically designated for this use. Overnight=20 camping within these three areas at a site that is not specifically=20 designated or assigned for such use is prohibited. Supplementary Rules for the Lake Havasu Shoreline Area 1. You must pay a fee in order to use a designated recreation site,=20 including occupying a site for any use exceeding 20 minutes. 2. You must not moor any watercraft or floating platform at a=20 recreation site or offshore in the vicinity or cove of any such site=20 for more than 20 minutes without paying the required amenity fee. The=20 fees will be in accordance with the fee schedule, requirements, and=20 procedures that the BLM established under the Federal Lands Recreation=20 Enhancement Act, and are payable in U.S. funds only. 3. You must present the appropriate fee receipt upon demand to any=20 authorized BLM official inspecting the site. The fee receipt must be=20 visibly displayed on the fee tube, in accordance with posted=20 instructions, or in the manner directed by a BLM official. 4. You must not reassign or transfer your fee receipt to another=20 individual or group or to another campsite. 5. Any authorized BLM official may revoke your use privileges,=20 without reimbursement, if you violate any BLM rule or regulation. If=20 the BLM revokes your use privileges, you must remove all personal=20 property and leave the recreation site within one hour of notice. 6. A recreation site is considered occupied after you have paid the=20 appropriate amenity fee, have taken possession of the site by placing=20 personal property at the site, and have displayed the fee receipt on=20 the fee tube in accordance with written instructions or as directed by=20 a BLM official. You must not occupy a site in violation of instructions=20 from a BLM official, or when there is reason to believe that the site=20 is occupied by another person or persons. 7. Except for authorized Federal, State, or local personnel during=20 the commission of their duties, a site cannot be occupied by other=20 visitors without the consent of the party that paid the amenity use=20 fee. 8. You must not occupy a site designated as ``day-use'' between=20 sunset and sunrise. 9. A single vessel and its occupants may not occupy more than one=20 site. 10. During the hours of 10 p.m. to 6 a.m., in accordance with=20 applicable [[Page 49015]] state time zone standards, you must maintain quiet within normal=20 hearing range of the designated recreation sites. 11. You must not cut or collect any firewood, including dead and=20 down wood or any other vegetative material, at any shoreline site. 12. You must not moor vessels to vegetation, signs, shade ramadas,=20 tables, grills or fire rings, toilets, trash receptacles, or other=20 objects or structures not designed for such use. 13. You must not beach or moor a vessel in excess of posted time=20 limits. 14. You must not discharge or possess any fireworks. 15. You must keep the site free of litter and trash during the=20 period of occupancy. You must remove all personal property, and the=20 site must be clean upon your departure. 16. You must keep pets on a leash no longer than six (6) feet. 17. You must not leave pets unattended, and you must remove pet=20 waste from the site or dispose of it in trash receptacles. 18. You must not violate any provisions of boating laws as=20 described in Title 5, Chapter 3, of the Arizona Revised Statutes, or=20 the California Harbors and Navigation Code (as applicable). 19. Possession of alcoholic beverages by a person under the age of=20 21 years is prohibited. 20. Consumption of alcoholic beverages by a person under the age of=20 21 years is prohibited. 21. You must not possess glass beverage containers on land or in=20 the water. You may possess glass beverage containers only within the=20 confines of a vessel, mobile home, recreational vehicle, mobile=20 vacation home, or an enclosed building at a concession resort. 22. Reserving recreation sites in any manner, including personal=20 property left unattended overnight on site, is prohibited. 23. Recreation sites used for camping activities must be occupied=20 overnight by the party that paid for such use. 24. You must not leave personal property unattended for more than=20 24 hours. Personal property left unattended beyond such time limit is=20 subject to disposition under the Federal Property and Administrative=20 Services Act of 1949, as amended (40 U.S.C. 552). 25. It is prohibited to engage in any uses which are dependent=20 upon, make contact with, or impact those public lands which make up the=20 shoreline or bottom of Lake Havasu, without the proper written=20 authorization or without having paid the appropriate amenity fees. Supplementary Rules for the Parker Strip Recreation Management Area The preceding Lake Havasu Shoreline Area Supplementary Rules 1, 2,=20 3, 4, 5, 6, 7, 8, 14, 15, 16, 17, 18, 20, 21, 23, and 25, also apply to=20 the Parker Strip Recreation Management Area. In addition, the following=20 rules apply to the Parker Strip Recreation Management Area: 26. You must not park or operate vehicles in violation of posted=20 restrictions. 27. Disorderly conduct is prohibited. 28. On BLM-managed campgrounds, no more than eight persons may=20 occupy one campsite. 29. The operation of off-highway vehicles within any concession or=20 BLM-managed campground or facility is prohibited. This includes, but is=20 not limited to, off-road only motorcycles, three to eight wheel all- terrain vehicles, and those motor vehicles for which the primary=20 manufactured purpose is for off-highway, rough terrain, or non-highway=20 utility usage. This prohibited use applies to all off-highway vehicles=20 on the California side of the Parker Strip Recreation Management Area=20 that are not specifically registered, insured, or legal in the State of=20 California for highway operation. This prohibition is in effect=20 regardless of registration or highway operations laws of another state=20 or foreign jurisdiction. This prohibited use also applies to all off- highway vehicles on the Arizona side of the Parker Strip Recreation=20 Management Area that are not specifically registered, insured, or legal=20 for highway operation in the State of Arizona. This prohibition is in=20 effect regardless of registration or highway operations laws of another=20 state or foreign jurisdiction. Non-highway legal golf carts may be=20 operated only within concession resorts and BLM-managed campgrounds and=20 facilities. Operation of an off-highway vehicle or golf cart upon any=20 public highway or road, or the shoulders thereof, is prohibited. The=20 operation of a golf cart by a person under 16 years of age is=20 prohibited unless under the immediate and direct supervision of a=20 person over 21 years of age. 30. Camping within the Parker Strip Recreation Management Area is=20 authorized at concession resorts, designated BLM campgrounds, or at=20 least one-half mile from paved roads. Camping is prohibited in the=20 parking or staging areas of the Copper Basin Dunes Off-Highway Vehicle=20 Area and the Crossroads Off-Highway Vehicle Area. Dispersed camping=20 between Parker Dam Road, the Whipple Mountains, and the adjacent=20 Metropolitan Water District of Southern California lands is allowed=20 only in connection with off-highway vehicle recreational activities.=20 Camping activities may not interfere with active off-highway vehicle=20 use in any manner. Supplementary Rules for Craggy Wash 1. You must maintain your campsite free of trash and litter. 2. You must not operate a motor vehicle at a speed more than 15=20 miles per hour. 3. You must maintain quiet between the hours of 10 p.m. and 6 a.m.=20 within hearing range of any other person or camp unit. You must not=20 operate a generator during these hours. 4. You must not collect firewood in this area, including any dead=20 and down wood, or any other vegetative material. 5. You must restrain a pet with a leash not longer than six (6)=20 feet. 6. You must not leave a pet unattended. 7. You must not possess or discharge fireworks. 8. You must not leave personal property unattended for more than 24=20 hours. 9. In the Craggy Wash area, camping is prohibited within one mile=20 of the Lake Havasu City limits. Camping at Craggy Wash is limited to 14=20 days. Supplementary Rules for Swansea Townsite 1. Taking any vehicle through, around, or beyond a restrictive=20 sign, recognizable barricade, fence, or traffic control barrier is=20 prohibited. Operation of a vehicle in a wash, off a roadway, or on an=20 unsigned historic roadway is prohibited. 2. Camping is permitted only at designated sites. Camping stay is=20 limited to three days in any 30-day period. 3. No wood collection is permitted within the Swansea Townsite,=20 including but not limited to dead and down wood, live plants, and=20 lumber from historic structures. 4. No item may be collected or removed from the Swansea Townsite=20 without the written permission of the Lake Havasu Field Office Manager.=20 This includes but is not limited to old cans, nails, lumber, bricks, or=20 glassware, whole or broken. The use of metal detectors without written=20 permission is prohibited. 5. Climbing, leaning, sitting, or walking on the remains of the=20 walled structures at the Swansea Townsite inherently damages the=20 structures, and is unsafe, and is therefore prohibited. No person shall=20 enter into any fenced area, shaft, tunnel, or structure. 6. Fires are allowed only at the designated sites and must be=20 located in [[Page 49016]] the fire ring provided. Construction of new fire rings is prohibited. Penalties The rules are in accordance with the provisions of Presidential=20 Proclamation 7397, 66 FR 7354 (Jan. 22, 2001); 43 CFR 8341.2(a); and 43=20 CFR 8364.1. On all public lands, under section 303(a) of the Federal=20 Land Policy and Management Act of 1976 (FLPMA), 43 U.S.C. 1733(a), 43=20 CFR 8360.0-7, any person who violates any of these rules may be tried=20 before a United States Magistrate and fined no more than $1000.00 or=20 imprisoned for not more than 12 months, or both. Such violations may=20 also be subject to enhanced fines provided for by 18 U.S.C. 3571 (not=20 to exceed $100,000.00 and/or imprisonment not to exceed 12 months). Michael Taylor, Acting State Director. [FR Doc. E9-23247 Filed 9-24-09; 8:45 am] BILLING CODE 4310-32-P