Final Supplementary Rules for Public Lands Managed by the California Desert District, 33342-33346 [2011-14165]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management
• Land Management Bureau

[Federal Register Volume 76, Number 110 (Wednesday, June 8, 2011)]
[Notices]
[Pages 33342-33346]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14165]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[L12200000.NO0000.LLCAD00000]


Final Supplementary Rules for Public Lands Managed by the 
California Desert District

AGENCY: Bureau of Land Management, Interior.

ACTION: Final supplementary rules.

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SUMMARY: In accordance with the Decision Record for the California 
Desert District (CDD) Supplementary Rules for Recreation Environmental 
Assessment, the Bureau of Land Management (BLM), CDD office and the 
five field offices within the CDD, are issuing Final Supplementary 
Rules for public lands administered by the BLM.

[[Page 33343]]

Upon publication, these Final Supplementary Rules will supersede the 
Interim Final Supplementary Rules that the BLM published on June 25, 
2010. These Final Supplementary Rules are necessary to enhance the 
safety of visitors, protect natural resources, improve recreation 
experiences and opportunities, and protect public health. These rules 
do not impose or implement any land use limitations or restrictions 
other than those included within the CDD Supplementary Rules for 
Recreation Environmental Assessment Decision Record.

DATES: The Final Supplementary Rules are effective June 8, 2011.

ADDRESSES: Bureau of Land Management, California Desert District 
Office, 22835 Calle San Juan De Los Lagos, Moreno Valley, California 
92553. Phone: (951) 697-5233. Web site: https://www.blm.gov/ca/st/en/fo/cdd/cdd_supplementary.html.

FOR FURTHER INFORMATION CONTACT: Lynnette Elser, Planning and 
Environmental Coordinator, BLM, California Desert District Office, 
22835 Calle San Juan De Los Lagos, Moreno Valley, California 92553, 
phone: (951) 697-5233, or e-mail: lelser@ca.blm.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    Visitors to the CDD encounter inconsistent rules regarding 
appropriate conduct in recreational areas. This inconsistency hampers 
the BLM's ability to provide a safe recreational experience, and 
minimize conflicts among users. The BLM is establishing these rules to 
improve the consistency of rules for public lands within the CDD.
    The BLM is establishing these Final Supplementary Rules under the 
authority of 43 CFR 8365.1-6, which allows BLM State Directors to 
establish supplementary rules for the protection of persons, property, 
and public lands and resources.
    The CDD is located in southern California and includes all BLM-
managed land in Imperial, Inyo, Kern, Riverside, Los Angeles, San 
Bernardino, and San Diego Counties, California. A map of the area can 
be obtained by contacting the CDD office (see ADDRESSES) or by 
accessing the following Web site: https://www.ca.blm.gov.
    All of the Final Supplementary Rules implement decisions contained 
in the CDD Supplementary Rules for Recreation Environmental Assessment 
Decision Record (CA-670-10-38). A public involvement process with 
comment opportunities was employed in developing the decision and 
associated Environmental Assessment that provide a basis for the Final 
Supplementary Rules.
    The following revisions have been made to the Interim Final 
Supplementary Rules: The prohibition against public nudity has been 
revised in response to public comments, and the definition of ``Special 
Recreation Permit'' has been revised to correct a citation error in the 
Interim Final Supplementary Rules. In addition, minor editorial changes 
were made as follows: (1) The definitions are now arranged in 
alphabetical order. (2) The terms that are defined are now indicated in 
italics. (3) Capitalization was corrected in the definition of 
``Developed sites and areas.'' (4) The abbreviation ``CDD'' was added 
to the definition of ``California Desert District.'' (5) The definition 
of ``California Desert District'' was reorganized for clarity, and was 
revised to state that a map of the California Desert District is 
available at field offices as well as the district office. (6) The 
prohibition against use of firewood containing nails was revised 
grammatically. (7) The punctuation in the ``Penalties'' provision was 
corrected. The remaining rules remain unchanged.
    The BLM finds good cause under 5 U.S.C. 553(d)(3) to make the Final 
Supplementary Rules effective on the date of publication because of 
immediate public safety and resource protection needs within the 
management area.

II. Discussion

    On June 25, 2010, the BLM published a Notice of Interim Final 
Supplementary Rules for Public Lands Managed by the California Desert 
District (75 FR 36438). A 30-day public comment period began on the 
date of publication of the Interim Final Supplementary Rules, and ended 
on July 26, 2010. The BLM received 41 written comments were received 
during this period. The BLM has considered all relevant comments during 
the preparation of these Final Supplementary Rules. The following 
addresses the main areas of focus of the comments received.

Definitions

    The Interim Final Supplementary Rules defined ``Special Recreation 
Permit'' as ``a permit issued under the authority of 43 CFR 8372.1.'' 
In fact, special recreation permits are issued under the authority of 
43 CFR part 2930. The BLM has corrected the definition of ``Special 
Recreation Permit'' in the Final Supplementary Rules. In addition, the 
BLM has made the following minor editorial revisions to the 
definitions: (1) The definitions are now arranged in alphabetical 
order. (2) The terms that are defined are now indicated in italics. (3) 
Capitalization was corrected in the definition of ``Developed sites and 
areas.'' (4) The abbreviation ``CDD'' was added to the definition of 
California Desert District.'' (5) The definition of ``California Desert 
District'' was reorganized for clarity, and was revised to state that a 
map of the California Desert District is available at field offices as 
well as the district office.

Public Nudity

    The Interim Final Supplementary Rules prohibited public nudity ``at 
all developed sites and areas and all [Off Road Vehicle (ORV)] open 
areas.'' Several commenters stated that: (1) Nudity is not offensive. 
(2) The public supports nude recreation. (3) Many people enjoy 
clothing-optional recreation. (4) The BLM should first research to 
identify the specific problem then write a rule to address the specific 
issue. (5) Sexual or lewd acts, not nudity, should be regulated.
    The BLM recognizes that clothing-optional recreation is desirable 
by some individuals and groups. However, it is in the interest of 
maintaining order to prohibit public nudity in areas where visitor use, 
recreation opportunities, and/or facilities draw large numbers of 
visitors. In such areas, public nudity can create controversy and 
conflicts among users, and cause crowd-control concerns. The intent of 
the Interim Final Supplementary Rules and the Final Supplementary Rules 
is to allow lands with a lower concentration of visitors, such as 
wilderness areas, to be clothing-optional.
    One commenter requested that nudity be allowed in traditionally 
nude areas. The BLM is not aware of any traditionally nude areas that 
would be affected by these Final Supplementary Rules.
    Several commenters did not understand the definition of the land 
that would be regulated under this rule, and expressed a concern that a 
nude recreational user could inadvertently enter a clothing-required 
area. The BLM has modified the Interim Final Supplementary Rules in 
response to this concern. The Interim Final Supplementary Rules 
prohibited public nudity ``at all developed sites and areas and all ORV 
open areas,'' and included the definition of ``developed sites and 
areas'' that is codified at 43 CFR 8360.0-5(c). In the Final 
Supplementary Rules, the BLM has modified the prohibition against 
public nudity so that compliance will be possible without referring to 
the definition of ``developed

[[Page 33344]]

sites and areas.'' Instead, the areas where public nudity is prohibited 
are listed in the prohibition itself: (1) Developed camping and 
picnicking areas containing items such as a table or toilet facility, 
(2) visitor centers, and (3) all ORV open areas. The BLM has determined 
that this rule, as modified, provides sufficient clarity. Although the 
term ``developed sites and areas'' no longer appears in the prohibition 
against public nudity, it appears in other Final Supplementary Rules 
and is therefore included in these Final Supplementary Rules.
    One commenter requested that the BLM follow the California State 
Cahill policy, which allows nude recreation unless there is a 
complaint. Unlike the BLM's adoption of the State's definition of 
``nudity'' in these rules, the California State Cahill policy would be 
at odds with our goals to reduce the potential for controversy, 
conflicts among users, and crowd-control concerns in areas that draw 
large numbers of visitors. Therefore, the BLM has decided not to adopt 
that policy.
    One commenter stated that a San Francisco court ruled that a female 
has the same right to be topless as a male. That ruling does not apply 
to public lands managed by the BLM.

Passengers in ORVs and Trailers

    The Interim Final Supplementary Rules prohibited riding in, or 
transporting any person in or on, ``a portion of an ORV or trailer that 
is not designed or intended for the transportation of passengers.'' The 
BLM will finalize the rule as written in the Interim Final 
Supplementary Rules.
    Some commenters expressed concern that this rule would not allow 
riding in truck beds, which they enjoy. This rule is specifically 
intended to prohibit riding in truck beds, since this is a dangerous 
practice. Should the truck be involved in an accident, or travel 
through rough terrain, the passengers in the truck bed could be thrown 
from the vehicle and injured. This rule is consistent with the 
California Vehicle Code 23116, which also prohibits riding in a truck 
bed. One commenter was concerned that utility vehicles with mounted, 
harnessed seats would not be allowed. A mounted, harnessed seat 
designed for passenger use is allowed under this rule.

Firewood Materials

    The Interim Final Supplementary Rules prohibited the use and 
possession of ``any firewood materials containing nails, screws, or 
other metal hardware, including, but not limited to, wood pallets and/
or construction debris.'' Many commenters stated that nails in firewood 
is not the problem, but that the real problem is that the nails are not 
picked up and discarded properly. One commenter requested that the BLM 
remove the nails from the fire rings after use.
    The BLM agrees that the problem is nails that remain after wood has 
been burned. Past experience clearly shows that nails are not removed 
from the fire pits for proper disposal. It is not cost efficient or 
effective for the BLM to determine if nails are in each fire pit. 
Recreational opportunities on BLM-managed land include allowing 
recreational users to create fire pits near their campsites. The 
location of the fire pits often change with each camper. In many areas 
the wind will blow dirt over a past pit, covering the remaining debris 
left in the pit. A vehicle may drive over a spot that was previously 
used as a fire pit and experience tire damage from nails. Due to the 
level of damage and injury that can occur and the realistic ability to 
manage nails, the BLM will adopt the rule as published in the Interim 
Final Supplementary Rules, with the following minor editorial change to 
correct a grammatical error: The Interim Final Supplementary Rule 
began, ``It is prohibited to use as firewood, or have in their 
possession, any firewood materials containing nails .* * * .'' The 
Final Supplementary Rule begins, ``It is prohibited to use as firewood, 
or possess, any firewood materials containing nails * * * .''

Glass Beverage Containers

    The Interim Final Supplementary Rules prohibited the possession of 
glass beverage containers ``in all developed sites and areas and all 
ORV open areas.'' Numerous commenters stated that they prefer beer and 
wine in bottles rather than other types of containers. They stated that 
bottles left as debris was the main issue.
    The BLM agrees that bottles left as trash is the main issue. 
However, since the bottles left as trash often break and are a safety 
hazard to people and tires, the BLM has determined that the rule should 
remain as published in the Interim Final Supplementary Rules.
    One commenter stated that the use of glass containers for items 
such as pickles should be allowed. This type of glass container is 
allowed under the rule as written. Only glass containers that hold 
beverages are regulated by this rule. The BLM has noted that the 
majority of broken, discarded glass left on public land is from 
beverage containers. Other types of glass containers are not major 
contributors to this situation.
    Some commenters on the glass beverage rule were concerned that 
employees of the BLM would enter their vehicles or camping facilities 
to search for glass containers. The BLM does not see any reason to 
modify the rule in response to these comments.

Non-Flexible Objects

    The Interim Final Supplementary Rules prohibited placing into the 
ground any non-flexible object such as, but not limited to, metal or 
wood stakes, poles, or pipes, with the exception of small tent or 
awning stakes, at all developed sites and areas and all ORV open areas.
    Several commenters stated that they enjoy playing horseshoes, which 
would not be allowed under this rule. Horseshoes can still be played by 
using a post that is not mounted in the ground or that is somewhat 
flexible.
    Another commenter stated that mounting a display flag, solar 
lights, and windscreens should be allowed. These items may be mounted 
either to the user's vehicle or to the ground using a small stake. 
Another commenter stated that a stuck vehicle may require a winch and a 
non-flexible object to move the vehicle. A spare tire can be used with 
a winch to move a stuck vehicle.
    One commenter requested that the BLM define ``small stake''. A 
``small stake'' is one which is necessary to hold awnings or tents in 
place. If a larger-than-usual stake is necessary due to windy or stormy 
weather, that stake would be a ``small stake'' in those circumstances.
    One commenter requested the allowance of stakes or non-flexible 
objects marked with orange survey tape. It is the BLM's judgment that 
non-flexible objects, even when marked, can be difficult to avoid and 
therefore cause impact injuries. Marked non-flexible objects are 
prohibited in the Final Supplementary Rules, and this provision has 
been adopted as published in the Interim Final Supplementary Rules.

Competition Hill

    The Interim Final Supplementary Rules prohibited camping within the 
areas commonly known as Competition Hill Corridor and Competition Hill 
located within the Dumont Dunes ORV Area, as shown on the map at the 
entrance kiosk. No comments were received for this provision, and it 
has been adopted as published in the Interim Final Supplementary Rules.

Reserving Camping Space

    The Interim Final Supplementary Rules prohibited reserving or 
saving a

[[Page 33345]]

camping space for another person at all developed sites and areas and 
all ORV open areas. Some commenters stated that saving spaces is 
necessary and this rule would prevent them from camping with friends 
and family when the arrival time is different. They also stated that 
``wagon wheel'' camping would not be feasible with this rule. The BLM 
agrees that this provision may make it more difficult for groups to 
camp together in popular places, but also supports equal access for all 
recreational users. This provision has been adopted as published in the 
Interim Final Supplementary Rules.

Trash and Litter

    The Interim Final Supplementary Rules required all persons to keep 
their sites free of trash and litter during the period of occupancy. 
One commenter questioned whether this rule would require someone to 
pick up the trash left by a previous occupant of the area. To clarify, 
a new occupant is required to keep the site free of trash, regardless 
of who discarded the trash. This provision has been adopted as 
published in the Interim Final Supplementary Rules.

Penalties

    Several commenters requested that the BLM increase the fees for 
violations, increase jail time for offenders, and confiscate the 
vehicles of offenders. These consequences are set by Federal statutes 
and regulations and are beyond the authority of this rule making. One 
commenter requested that the BLM issue ``fix it'' tickets for trash 
violations. It is unnecessary to include this type of provision in the 
Final Supplementary Rules because law enforcement officers already have 
the authority and discretion to request that campers clean up their 
sites without imposing penalties. This provision has been adopted as 
published in the Interim Final Supplementary Rules, with the following 
minor editorial changes: The citation to Section 303(a) of the Federal 
Land Policy and Management Act is now in closed parentheses, the word 
``and'' has been added before the citation to 43 CFR 2932.57(b), and 
one of the parentheses after the citation to 43 CFR 2932.57(b) has been 
removed.

Other Comments

    Some comments were not relevant to this rulemaking, and instead 
provided information and opinions on other management issues. One 
commenter asked the BLM to define camping. The Interim Final 
Supplementary Rules included a definition of ``camp,'' and the BLM sees 
no reason to change that definition in the Final Supplementary Rules. A 
few commenters stated that new rules were not required, that the BLM 
should enforce the existing rules, and that the BLM should have more 
pressing things to do. Several commenters expressed support for many of 
the rules. The BLM did not revise these rules in response to these 
comments.

III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These Final Supplementary Rules are not a significant regulatory 
action and are not subject to review by the Office of Management and 
Budget under Executive Order 12866. They will not have an effect of 
$100 million or more on the economy. They do not affect commercial 
activity. They will not adversely affect, in a material way, the 
economy, productivity, competition, jobs, environment, public health or 
safety, or state, local, or tribal governments or communities. They 
will not create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency. They do not alter the 
budgetary effects of entitlements, grants, user fees, or loan programs 
or the rights or obligations of their recipients; nor do they raise 
novel legal or policy issues. These Final Supplementary Rules merely 
contain rules of conduct for public use of public land and provide a 
consistent set of rules of public conduct within the CDD.

National Environmental Policy Act (NEPA)

    The BLM has prepared an Environmental Assessment (CA-670-10-38) and 
has determined that the Final Supplementary Rules would not constitute 
a major Federal action significantly affecting the quality of the human 
environment and therefore the preparation of an environmental impact 
statement was not necessary, 42 U.S.C. 4332(2)(C). The EA was posted on 
the CDD website and was available for a 30-day public comment period 
from October 20, 2009 through November 20, 2009. A Finding of No 
Significant Impact was signed February 1, 2010 and a Decision Record 
was signed February 1, 2010.

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. These Final Supplementary Rules 
merely establish rules of conduct for public recreational use of 
specific public lands. Therefore, the BLM has determined under the RFA 
that these Final Supplementary Rules would not have a significant 
economic impact on a substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act

    These Final Supplementary Rules do not constitute a ``major rule'' 
as defined at 5 U.S.C. 804(2). These rules merely establish rules of 
conduct for recreational use of certain public lands and do not affect 
commercial or business activities of any kind.

Unfunded Mandates Reform Act

    These Final Supplementary Rules do not impose an unfunded mandate 
on state, local or tribal governments or the private sector of more 
than $100 million per year; nor do these rules have a significant or 
unique effect on state, local, or tribal governments or the private 
sector. These Final Supplementary Rules have no effect on state, local, 
or tribal governments and do not impose any requirements on any of 
these entities. Therefore, the BLM has determined that no statement is 
required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.).

Executive Order 12630, Governmental Actions and Interference With 
Constitutionally Protected Property Rights (Takings)

    These Final Supplementary Rules do not represent a government 
action capable of interfering with constitutionally protected property 
rights. These rules do not address property rights in any form, and do 
not cause the impairment of one's property rights. Therefore, the BLM 
has determined that these Final Supplementary Rules would not cause a 
``taking'' of private property or require further discussion of takings 
implications under this Executive Order.

Executive Order 13132, Federalism

    These Final Supplementary 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. These rules do 
not conflict with any California state law or regulation. Therefore, in 
accordance with Executive Order 13132, the BLM has determined that 
these rules do not

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have sufficient Federalism implications to warrant preparation of a 
Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the BLM California State Office has 
determined that these supplementary rules would not unduly burden the 
judicial system and that they meet requirements of sections 3(a) and 
3(b)(2) of the Order.

Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments

    In accordance with Executive Order 13175, the BLM has found that 
these Final Supplementary Rules do not include policies that have 
tribal implications. The rules do not affect Indian resource, 
religious, or property rights.

Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    These Final Supplementary Rules do not comprise a significant 
energy action. The rules will not have an adverse effect on energy 
supply, production, or consumption and have no connection with energy 
policy.

Paperwork Reduction Act

    These Final Supplementary Rules do not contain information 
collection requirements that the Office of Management and Budget must 
approve under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

Information Quality Act

    In developing these Final Supplementary Rules, the BLM did not 
conduct or use a study, experiment or survey requiring peer review 
under the Information Quality Act (Section 515 of Pub. L. 106-554).

Author

    The principal author of these Final Supplementary Rules is Lynnette 
Elser, Planning and Environmental Coordinator, BLM California Desert 
District.
SUPPLEMENTARY RULES FOR LANDS MANAGED BY THE BLM CALIFORNIA DESERT 
DISTRICT OFFICE
    For the reasons stated in the Supplementary Information Section, 
above, and under the authority of 43 CFR 8365.1-6, the California State 
Director, Bureau of Land Management, issues supplementary rules for 
public lands managed by the California Desert District (CDD), to read 
as follows:
Section 1--Definitions
    BLM California Desert District means public land, managed by the 
BLM, totaling over 11 million acres, primarily in the southern and 
eastern portions of California. The California Desert District (CDD) 
office is located in Moreno Valley, California and, under the authority 
of the District Manager, provides coordination and oversight to the 
five field offices of the CDD. The CDD includes all of the land managed 
by the BLM Ridgecrest Field Office, the BLM Barstow Field Office, the 
BLM Palm Springs-South Coast Field Office, the BLM Needles Field 
Office, and the BLM El Centro Field Office. A map of this land is 
available at the CDD office and at the field offices listed above.
    Camp means day or overnight use of a tent, trailer, motor coach, 
fifth wheel, camper, or similar vehicle or structure.
    Developed Sites and Areas means sites and areas that contain 
structures or capital improvements primarily used by the public for 
recreation purposes. Such sites or areas may include such features as: 
delineated spaces for parking, camping or boat launching; sanitary 
facilities; potable water; grills or fire rings; tables; or controlled 
access. This definition is consistent with 43 CFR part 8360.
    Nudity means nudity as defined by 14 California Code of Regulations 
Sec.  4322.
    Off Road Vehicle (ORV) means ORV as defined by 43 CFR 8340.0-5.
    Public Nudity means nudity in a place where a person may be 
observed by another person.
    Special Recreation Permit means a permit issued under the authority 
of 43 CFR part 2930.
Section 2--Supplementary Rules
    The following rules apply on public lands administered by the BLM 
CDD unless explicitly authorized by a permit or other authorization 
document issued by the BLM:
    1. Public nudity is prohibited at all: (1) Developed camping and 
picnicking areas containing items such as a table or toilet facility, 
(2) visitor centers, and (3) all ORV open areas.
    2. It is prohibited for a person to ride in or transport another 
person in or on a portion of an ORV or trailer that is not designed or 
intended for the transportation of passengers.
    3. It is prohibited to use as firewood, or possess, any firewood 
materials containing nails, screws, or other metal hardware, including, 
but not limited to, wood pallets and/or construction debris.
    4. Possession of glass beverage containers is prohibited in all 
developed sites and areas and all ORV open areas.
    5. It is prohibited to place into the ground any non-flexible 
object, such as, but not limited to, metal or wood stakes, poles, or 
pipes, with the exception of small tent or awning stakes, at all 
developed sites and areas and all ORV open areas.
    6. It is prohibited to camp within the areas commonly known as 
Competition Hill Corridor and Competition Hill located within the 
Dumont Dunes ORV Area, as shown in the map at the entrance kiosk.
    7. It is prohibited to reserve or save a camping space for another 
person at all developed sites and areas and all ORV open areas.
    8. All persons must keep their sites free of trash and litter 
during the period of occupancy.
    Employees and agents of the BLM are exempt from these rules during 
the performance of specific official duties as authorized by the CDD 
Manager, or the Ridgecrest, Barstow, Needles, Palm Springs-South Coast 
or El Centro Field Managers.
Section 3--Penalties
    On public lands under Section 303(a) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1733(a)), 43 CFR 8360.0-7, and 43 CFR 
2932.57(b), any person who violates any of these supplementary rules 
may be tried before a United States Magistrate and fined no more than 
$1,000 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. Those who violate these rules may also be 
subject to civil action for
    unauthorized use of the public lands, violations of special 
recreation permit terms, conditions, or stipulations, or for uses 
beyond those allowed by the permit under 43 CFR 2932.57(b)(2).

James Wesley Abbott,
Acting State Director, California State Office.
[FR Doc. 2011-14165 Filed --; 8:45 am]
BILLING CODE 4310-40-P