Notice of Proposed Supplementary Rules for the Cove Recreation Site, Owyhee County, ID, 36094-36097 [2014-14832]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 79, Number 122 (Wednesday, June 25, 2014)]
[Notices]
[Pages 36094-36097]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14832]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[13X LLIDB00100 LF1000000.HT0000 LXSS020D0000 4500048111]


Notice of Proposed Supplementary Rules for the Cove Recreation 
Site, Owyhee County, ID

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: The Bureau of Land Management (BLM) is proposing supplementary 
rules for public use of the campground and day use areas at Cove 
Recreation Site, located along C.J. Strike Reservoir in the Morley 
Nelson Snake River Birds of Prey National Conservation Area (NCA) in 
Owyhee County, Idaho. These supplementary rules are compatible and 
consistent with the September 2008 Record of Decision (ROD) for the 
NCA's resource management plan (RMP).

DATES: Interested parties may submit written comments on the proposed 
supplementary rules until August 25, 2014.

ADDRESSES: You may submit comments by mail, electronic mail, or hand 
delivery.
    Mail or Hand Delivery: Bureau of Land Management, Four Rivers Field 
Office, 3948 S. Development Avenue, Boise, ID 83705. Electronic mail: 
blm_id_cove_rec_rules@blm.gov.

FOR FURTHER INFORMATION CONTACT: Jared Fluckiger, Outdoor Recreation 
Planner, Bureau of Land Management, Four Rivers Field Office, 3948 S. 
Development Avenue, Boise, ID 83705, telephone 208-384-3342. Persons 
who use a telecommunications device for the deaf (TDD) may call the 
Federal Information Relay Service (FIRS) at 1-800-877-8339 to contact 
the above individual during normal business hours (8:00 a.m.-4:30 
p.m.). You will receive a reply during normal business hours.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

    You may mail, email, or hand-deliver comments to Jared Fluckiger, 
at the address listed above (See ADDRESSES). Written comments on the 
proposed supplementary rules should be specific and confined to issues 
pertinent to the proposed rules, and should explain the reason for any 
recommended change. Where possible, comments should reference the 
specific section or paragraph of the proposal that the commenter is 
addressing. The BLM is not obligated to consider, or include in the 
Administrative Record for the final supplementary rules, comments 
delivered to an address other than those listed above (See ADDRESSES) 
or comments that the BLM receives after the close of the comment period 
(See DATES), unless they are postmarked or electronically dated before 
the deadline.
    Comments including names, street addresses, and other contact 
information for respondents, will be available for public review at the 
BLM Boise District Office location listed in ADDRESSES during regular 
business hours (8 a.m. to 4:30 p.m., Monday through Friday, except 
Federal holidays). Before including your address, phone number, email 
address, or other personal identifying information in your comment, you 
should be aware that your comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
request that BLM withhold your personal identifying information from 
public review, we cannot guarantee that we will be able to do so.

II. Background

    The 160-acre Cove Recreation Site is a 29-unit campground and day-
use site located along C.J. Strike Reservoir, about 35 miles southwest 
of Mountain Home in southwestern Idaho. The site provides opportunities 
to fish, hike, view wildlife, boat (motorized and non-motorized), 
waterski, swim, camp, and picnic.
    There are no proposed changes to Cove Recreation Site user fees, 
which were established in 2007 under the Recreation Fee Demonstration 
Program. The proposed supplementary rules would help the BLM achieve 
management objectives for the Snake River Birds of Prey NCA, which 
include restoring and rehabilitating non-shrub areas, and improving 
raptor and raptor prey habitat, while imposing only moderate 
restrictions on recreation. They would also provide the BLM with the 
enforcement tools needed to enhance public health and safety and help 
prevent damage to natural and cultural resources.

III. Discussion of the Proposed Supplementary Rules

    The BLM published proposed supplementary rules for the Cove 
Recreation Site in the Federal Register on August 10, 2005 (70 FR 
46538), but these were never finalized. The proposed rules in this 
notice include the earlier rules, which were not finalized, and four 
additional proposed site management rules. The earlier proposed

[[Page 36095]]

rules included camping protocols such as check out times, approved 
camping sites, camp quiet hours, and fee payment procedures. These 
proposed rules would also limit the number of individuals allowed on 
campsites (6 for a single site, 10 for a double site, 14 for a triple 
site); restrict the use of off-highway vehicles (OHV) within the 
campground; prohibit dumping graywater or blackwater anywhere other 
than in an approved area; and prohibit the use or discharge of 
paintball equipment in the campground or day-use areas.
    These proposed supplementary rules would help the BLM achieve 
management objectives for the NCA and implement the decision associated 
with the 2003 environmental assessment (EA) for Reconstruction of the 
Cove Recreation Site, C.J. Strike Reservoir, 2003 EA No. ID 090 03 022 
(2003 EA). These supplementary rules are compatible and consistent with 
the ROD for the NCA's RMP. The proposed supplementary rules would also 
provide the BLM with the enforcement tools needed to help prevent 
damage to natural and cultural resources and provide for public health 
and safety.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    The proposed 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. The proposed supplementary rules 
would not have an effect of $100 million or more on the economy. They 
would 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. The proposed 
supplementary rules would not create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency. 
They do not materially alter the budgetary effects of entitlements, 
grants, or loan programs or the right or obligations of their 
recipients; nor do they raise novel legal or policy issues. The 
proposed rules merely impose rules of conduct for public use of a 
limited selection of public lands and provide greater consistency with 
the Idaho State Code to protect public health and safety.

Clarity of the Supplementary Rules

    Executive Order 12866 requires each agency to write regulations 
that are simple and easy to understand. The BLM invites your comments 
on how to make these proposed supplementary rules easier to understand, 
including answers to questions such as the following:
    (1) Are requirements in the proposed supplementary rules clearly 
stated?
    (2) Do the proposed supplementary rules contain technical language 
or jargon that interferes with their clarity?
    (3) Does the format of the proposed supplementary rules aid or 
reduce their clarity?
    (4) Would the proposed supplementary rules be easier to understand 
if they were divided into more (but shorter) sections?
    (5) Is the description of the proposed supplementary rules in 
SUPPLEMENTARY INFORMATION section helpful to your understanding of the 
proposed supplementary rules? How could this description be more 
helpful in making the proposed supplementary rules easier to 
understand?
    Please send any comments you have on the clarity of the proposed 
supplementary rules to the address specified in the ADDRESSES section.

National Environmental Policy Act (NEPA)

    The BLM prepared the 2003 EA to evaluate the environmental effects 
of the reconstruction of the Cove Recreation Site. These proposed 
supplementary rules are designed to mitigate issues discussed in the 
2003 EA. This action is strictly procedural and is therefore 
categorically excluded pursuant to 516 DM 2, Appendix 1.10. There are 
no extraordinary circumstances that would present potentially 
significant effects to the environment.
    The BLM has noted an increasing network of trails throughout the 
NCA due to widespread OHV use throughout the area. The 2003 EA states 
that the ground surrounding the structures on the site is disturbed and 
highly compacted from historic and heavy unrestricted vehicle traffic. 
As a result, soil erosion is a concern at the Cove Recreation Site, 
particularly on the east side of the inlet. The associated impacts to 
vegetation, water quality, and public health are also a concern. 
Uncontrolled OHV activity impacts wildlife populations (including 
raptors) and their habitats, and can adversely impact other 
recreational uses. The proposed supplementary rules are designed to 
mitigate:
    1. OHV impacts to wildlife, soils and vegetation;
    2. User conflicts (noise, pets, weapons, vehicle speeding, etc.); 
and
    3. Human-caused wildfires.
    OHV impacts and user conflicts are described in the decision record 
for the 2003 EA, which is available for review in the BLM 
administrative record at the address specified in the ADDRESSES 
section.
    The impacts from human-caused wildfires are described in the ROD 
for the 2008 Snake River Birds of Prey National Conservation Area RMP 
EIS. The ROD for the RMP EIS was signed by the BLM Idaho State Director 
on September 30, 2008. The ROD is available for review in the BLM 
administrative record at the address specified in the ADDRESSES section 
and online at: https://www.blm.gov/epl-front-office/eplanning/planAndProjectSite.do?methodName=dispatchToPatternPage¤tPageId=46154.
    The issues that form the basis of these supplementary rules were 
analyzed in the 2003 EA for reconstruction of the site. The proposed 
rules are also compatible and consistent with the 2008 ROD for the 
NCA's RMP and also provide for enforcement. That the proposed 
supplementary rules would not constitute a major Federal action 
significantly affecting the quality of the human environment under NEPA 
section 102(2)(C), 42 U.S.C. 4332(2)(C).

Regulatory Flexibility Act of 1980

    Congress enacted the Regulatory Flexibility Act of 1980 (RFA), as 
amended, 5 U.S.C. 601-612, to ensure 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 proposed supplementary 
rules merely establish rules of conduct for public use of a limited 
area of public lands and should have no effect on business entities of 
any size. Therefore, the BLM has determined, under the RFA, that they 
would have no significant economic impact on a substantial number of 
small entities.

Small Business Regulatory Enforcement Fairness Act

    These proposed supplementary rules merely establish rules of 
conduct for public use of a limited area of public lands and do not 
affect commercial or business activities of any kind. Thus, the rules 
do not constitute a ``major rule'' as defined at 5 U.S.C. 804(2). They 
would not result in an effect on the economy of $100 million or more, 
an increase in costs or prices, or significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of United States-based enterprises to compete

[[Page 36096]]

with foreign-based enterprises in domestic and export markets.

Unfunded Mandates Reform Act

    These proposed supplementary rules would not impose an unfunded 
mandate on State, local or tribal governments in the aggregate or the 
private sector of more than $100 million per year, nor would they have 
a significant or unique effect on State, local, or tribal governments 
or the private sector. Therefore, the BLM is not required to prepare a 
statement containing the information 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 proposed supplementary rules would not have significant 
takings implications, nor would they be capable of interfering with 
constitutionally protected property rights. Therefore, the BLM has 
determined these rules will not cause a ``taking'' of private property 
or require preparation of a takings assessment.

Executive Order 13132, Federalism

    The proposed supplementary rules would not have a substantial 
direct effect on the States, on the relationship between the Federal 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. The proposed 
supplementary rules would not conflict with any Idaho state law or 
regulation. Therefore, in accordance with Executive Order 13132, the 
BLM has determined these proposed supplementary rules would not have 
sufficient federalism implications to warrant preparation of a 
Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    The BLM has determined these proposed supplementary rules would not 
unduly burden the judicial system and they meet the requirements of 
sections 3(a) and 3(b)(2) of Executive Order 12988.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    The BLM has found these supplementary rules do not include policies 
having tribal implications.

Executive Order 13352, Facilitation of Cooperative Conservation

    In accordance with Executive Order 13352, the BLM has determined 
that the proposed supplementary rules would not impede facilitating 
cooperative conservation; would take appropriate account of and 
consider the interests of persons with ownership or other legally 
recognized interests in land or other natural resources; would properly 
accommodate local participation in the Federal decision-making process; 
and would provide that the programs, projects, and activities are 
consistent with protecting public health and safety.

Information Quality Act

    The Information Quality Act (Section 515 of Pub. L. 106-554) 
requires Federal agencies to maintain adequate quality, objectivity, 
utility, and integrity of the information they disseminate. In 
developing these supplementary rules, the BLM did not conduct or use a 
study, experiment, or survey, or disseminate any information to the 
public.

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

    These proposed supplementary rules would not constitute a 
significant energy action. The proposed supplementary rules would not 
have an adverse effect on energy supplies, production, or consumption, 
and have no connection with energy policy.

Paperwork Reduction Act

    These proposed supplementary 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 these supplementary rules is Jared 
Fluckiger, NCA Outdoor Recreation Planner.
    For the reasons stated in the preamble, and under the authority of 
43 CFR 8365.1-6, the BLM proposes to issue supplementary rules for BLM-
managed public lands at the Cove Recreation Site, To Read As Follows:

Supplementary Rules for the Cove Recreation Site

Definitions

    Blackwater means water that contains animal, human, or food waste.
    Graywater means wastewater drained from sinks, tubs, showers, 
dishwashers, clothes washers, and other non-toilet sources.
    Off-highway vehicle (OHV) For the purpose of these supplementary 
rules, the following are included within the definition of OHV (taken 
from Idaho Code 67-7101 (2010)):
     ``All-terrain vehicle'' or ``ATV'' means any recreation 
vehicle that has 3 or more tires and measures 50 inches or less in 
width, having a wheelbase of 61 inches or less, having handlebar 
steering and a seat designed to be straddled by the operator.
     ``Motorbike'' means any self-propelled two-wheeled 
motorcycle or motor-driven cycle, excluding tractor, designed for or 
capable of traveling off developed roadways and highways and also 
referred to as trailbikes, enduro bikes, trials bikes, motocross bikes, 
or dual purpose motorcycles.
     ``Specialty off-highway vehicle'' means any vehicle 
manufactured, designed or constructed exclusively for off-highway 
operation that does not fit the definition of an all-terrain vehicle, 
utility type vehicle, or motorbike as defined in this section.
     ``Utility type vehicle'' or ``UTV'' means any recreational 
motor vehicle other than an ATV, motorbike or snowmobile as defined in 
this section, designed for and capable of travel over designated roads, 
traveling on 4 or more tires, maximum width less than 74 inches, 
maximum weight less than 2,000 pounds, and having a wheelbase of 110 
inches or less. A utility type vehicle must have a minimum width of 50 
inches, a minimum weight of at least 900 pounds or a wheelbase of over 
61 inches. This does not include golf carts, vehicles specially 
designed to carry a disabled person, or implements of husbandry. A 
``utility type vehicle'' or ``UTV'' also means a recreational OHV, or 
recreational off-highway vehicle.
     For the purpose of these supplementary rules, OHVs include 
any ATV, motorbike, specialty vehicle or UTV not licensed for highway 
use (not street legal).
    On BLM-administered public land within the Cove Recreation Site, 
you must comply with the following supplementary rules:
    1. User fees must be paid within one hour of arrival to the 
campground for overnight use and must be paid immediately upon arrival 
for day use. Fees must be paid at the self-service pay stations located 
in the campground and day-use areas. Golden Age or Golden Access 
Passport holders are entitled to a 50 percent fee reduction.
    2. Fees for overnight camping permit two vehicles per numbered 
campsite. Additional vehicles will be charged an extra fee per day.
    3. Camping is permitted at developed (numbered) sites only.

[[Page 36097]]

    4. The maximum number of persons allowed on campsites is 6 for a 
single site, 10 for a double site, and 14 for a triple site.
    5. Checkout time for overnight users is 2:00 p.m.
    6. Cross-country vehicle travel within the campground is not 
allowed.
    7. Off-highway vehicles (OHV), as defined above may not be used 
within the campground.
    8. Vehicles and camping gear must not be left unattended in the 
recreation site for longer than 24 hours.
    9. Quiet hours are established from 10:00 p.m. to 6:00 a.m. No loud 
talking, loud music, barking dogs, operation of generators, or other 
disturbing activities are permitted in the campground during these 
hours.
    10. Campfires are permitted in agency-provided fire rings and 
grills only.
    11. Cutting or collecting firewood of any kind is prohibited, 
including dead and down wood or other vegetative material.
    12. All trash, garbage, waste, or pet fecal material must be 
immediately removed and disposed of in a sanitary manner. All persons 
must keep their sites free of trash and litter during the period of 
occupancy.
    13. Dumping of graywater or blackwater is prohibited anywhere other 
than in an approved area.
    14. Maximum length of stay in the campground is 14 consecutive 
days.
    15. Paintball equipment must not be used or discharged in the 
campground or day-use areas.
    Exemptions: Any Federal, State, local, and/or military employee 
acting within the scope of their duties; members of any organized 
rescue or fire-fighting force performing an official duty; and persons, 
agencies, municipalities or companies holding an existing special use 
permit and operating within the scope of their permit.
    Penalties: On public lands 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, 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 enhanced fines provided for by 18 
U.S.C. 3571.

    Authority: 43 CFR 8365.1-6

Timothy M. Murphy,
Acting BLM Idaho State Director.
[FR Doc. 2014-14832 Filed 6-24-14; 8:45 am]
BILLING CODE 4310-GG-P