Interim Final Supplementary Rules for Public Lands at Bastendorff Beach and the Associated Headlands in Coos County, Oregon, 18877-18880 [2016-07382]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 81, Number 63 (Friday, April 1, 2016)]
[Notices]
[Pages 18877-18880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07382]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLORC03000.L63320000.DD0000.16XL1116AF.HAG16-0044]


Interim Final Supplementary Rules for Public Lands at Bastendorff 
Beach and the Associated Headlands in Coos County, Oregon

AGENCY: Bureau of Land Management, Interior.

ACTION: Interim final supplementary rules.

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SUMMARY: The Bureau of Land Management (BLM) Oregon/Washington State 
Director hereby establishes interim final supplementary rules limiting 
the duration of camping at Bastendorff Beach and the associated 
headlands

[[Page 18878]]

within the Umpqua Field Office, Coos Bay District, Coos County, Oregon. 
The rules are needed in order to protect public health and safety and 
the area's natural resources.

DATES: The interim final supplementary rules are effective April 1, 
2016. You may submit comments to the BLM at one of the addresses below 
on or before May 31, 2016. The BLM will not necessarily consider any 
comments received after that date in reaching decisions on the final 
supplementary rules.

ADDRESSES: Bureau of Land Management, Attention: Heather Partipilo, BLM 
Umpqua Field Office, 1300 Airport Lane, North Bend, OR 97459, or email: 
BLM_OR_CB_Mail@blm.gov.

FOR FURTHER INFORMATION CONTACT: Heather Partipilo, Umpqua Field Office 
Planning and Environmental Coordinator, at 541-756-0100 or by email at 
BLM_OR_CB_Mail@blm.gov, Attention: Heather Partipilo. Persons who use a 
telecommunications device for the deaf may call the Federal Information 
Relay Service (FIRS) at 1-800-877-8339 to leave a message or question 
with the above individual. The FIRS is available 24 hours a day, seven 
days a week. You will receive a reply during normal business hours.

SUPPLEMENTARY INFORMATION: The BLM is establishing these interim final 
supplementary rules under the authority of 43 Code of Federal 
Regulations (CFR) 8365.1-6, which allows state directors to establish 
supplementary rules for the protection of persons, property, and the 
public lands and resources. This provision allows the BLM to issue 
rules of less than national effect without codifying the rules in the 
CFR. These interim final supplementary rules apply to public lands 
managed by the Umpqua Field Office.
    Maps of the management areas and boundaries can be obtained by 
contacting the Umpqua Field Office (see ADDRESSES). The Coos Bay 
District Office will post this notice on its Web site at: https://www.blm.gov/or/districts/coosbay/index.php. The final supplementary 
rules will be available for inspection in the Umpqua Field Office.

I. Public Comment Procedures

    Please submit your comments on issues related to the rules, in 
writing, in accordance with the ADDRESSES section above. Comments on 
the rules should be specific, should be confined to issues pertinent to 
the rules, and should explain the reason for any recommended change.
    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.
    The BLM will make your comments, including your name and address, 
available for public review at the Coos Bay District address listed in 
ADDRESSES above during regular business hours (8:00 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 entire 
comment--including your personal identifying information--may be made 
publicly available at any time. While you can ask us in your comment to 
withhold your personal identifying information from public review, we 
cannot guarantee that we will be able to do so.

II. Discussion of Interim Final Supplementary Rules

    On August 18, 2005, the BLM Oregon/Washington State Office 
established supplementary rules for all public lands in the states of 
Oregon and Washington (70 FR 48584). The interim final supplementary 
rules that are established today revise the first two rules, pertaining 
to camping and occupancy, only with regard to public lands at 
Bastendorff Beach and the associated headlands within the Umpqua Field 
Office, Coos Bay District, Oregon.
    The 2005 camping and occupancy rule prohibits camping longer than 
14 days in a 28 day period on public land in Oregon or Washington. The 
rule also requires that campers move at least 25 air miles from a 
previously occupied site after 14 days of camping.
    The interim final supplementary rule that is established today 
revises the 2005 rule by limiting camping to a single stay of up to 24 
hours in any 14-day period within the public lands at Bastendorff Beach 
and the associated headlands, unless otherwise authorized, and 
requiring campers to move at least 25 air miles from a previously 
occupied site after 24 hours of camping.
    The BLM will continue to enforce all of the other 2005 
supplementary rules, including the prohibition against leaving personal 
property unattended in a day use area, campground, designated 
recreation area or on public lands for more than 24 hours. This new 
camping limit will help the BLM minimize damage to natural resources, 
maintain public access for recreational uses, and reduce threats to 
public health, safety, and property.
    This action is necessary because an increasing number of users of 
Bastendorff Beach have established long-term residency under the 
pretext of camping. Public concern about the effects of this 
unauthorized occupancy requires the BLM to develop stronger regulations 
to address this issue. The proliferation of residential camping 
interferes with legitimate recreational use of public lands; creates 
sanitation and other health and safety concerns; and damages natural 
resources because of the attendant increase of open raw sewage, trash 
dumping, abandoned trailers and vehicles, clearing and trampling of 
vegetation, brushfires caused by unattended campfires, aggressive 
panhandling, vehicle burglary, assault, and other law enforcement 
incidents.
    The interim final supplementary rules are consistent with:
     The Bastendorff Beach Cooperative Management Plan approved 
by the BLM, Oregon Parks and Recreation Department, and Coos County 
Commissioners (July 20, 2011); and
     The Bastendorff Beach Cooperative Management Plan 
Environmental Assessment (DOI-BLM-OR-C030-2011-0006-EA) and the Finding 
Of No Significant Impact (FONSI) (February 27, 2012); and the Decision 
Record (March 1, 2012).

The rules apply to the public lands at Bastendorff Beach and the 
associated headlands within sections 2 and 3 of Township 26 South, 
Range 14 West of the Willamette Meridian. The Environmental Assessment 
(EA) analyzed specific management actions that would restrict camping 
and define route designation. One of the principal public and agency 
concerns raised during the plan scoping and comment period was long-
term, residential camping and how the effects of this activity were 
detracting from the quality and safety of recreation at this popular 
beach near the community of Charleston, Oregon.
    Since 2011, ongoing efforts to contain the problems at Bastendorff 
Beach have proved insufficient, and the threats to public health and 
safety have intensified. The BLM has determined that these rules are 
necessary to preserve the health and safety of visitors and neighboring 
residents, to maintain public access to recreation, and to limit damage 
to the environment. This notice, with detailed maps, will be available 
at the Coos Bay District Office.
    In accordance with section 533(b)(B) of the Administrative 
Procedure Act

[[Page 18879]]

(APA) (5 U.S.C. 553(b)(B)), the BLM finds good cause that prior notice 
and public procedure are contrary to the public interest. The urgency 
and magnitude of the need to reduce the risks to public safety and 
health associated with long-term, residential camping warrants 
expedited action with regard to Bastendorff Beach.
    Good cause under section 553(d)(3) of the APA (5 U.S.C. 553(d)(3)), 
also exists for making these rules effective April 1, 2016 because the 
Coos County Commissioners, the Coos County Sheriff's Office, Oregon 
Parks and Recreation Department, adjacent land owners, and concerned 
citizens are asking the BLM to take immediate and assertive law 
enforcement action to curtail illegal activities on public lands at 
Bastendorff Beach. In addition, there is good cause to forgo prior 
notice and comment regarding the rules in order to provide relief to 
recreational visitors and nearby residents from the immediate and 
ongoing health and safety risks identified in the discussion.
    The BLM invites public comment on these interim final supplementary 
rules until May 31, 2016. If we receive any substantive comments in 
response to this notice, we will determine whether or not to modify 
these interim final supplementary rules. Regardless of whether or not 
we receive substantive comments, we will publish a notice establishing 
final supplementary rules.

III. Procedural Matters

Executive Order 12866 and 13563, Regulatory Planning and Review

    These supplementary rules are not significant regulatory actions 
and are not subject to review by the Office of Management and Budget 
under Executive Order 12866. The supplementary rules will not have an 
effect of $100 million or more on the economy. These rules establish a 
duration for camping visits and will not adversely affect, in a 
material way, the economy; productivity; competition; jobs; the 
environment; public health or safety; or state, local, or tribal 
governments or communities. These supplementary rules will not create a 
serious inconsistency or otherwise interfere with an action taken or 
planned by another agency. These supplementary rules do not alter the 
budgetary effects of entitlements, grants, user fees, or loan programs 
or the right or obligations of their recipients, nor do the rules raise 
novel legal or policy issues. These supplementary rules enable BLM law 
enforcement personnel to efficiently track occupancy and enforce 
regulations pertaining to unlawful occupancy in a manner consistent 
with current Oregon State and county laws, where appropriate on public 
lands.

Clarity of the Supplemental 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 the interim final supplementary rules easier to 
understand, including answers to questions such as the following:
    (1) Are the requirements in these interim final supplementary rules 
clearly stated?
    (2) Do these interim final supplementary rules contain technical 
language or jargon that interferes with their clarity?
    (3) Does the format of these interim final supplementary rules 
(grouping and order of sections, use of headings, paragraphing, etc.) 
aid or reduce their clarity?
    (4) Would these interim final supplementary rules be easier to 
understand if they were divided into more (but shorter) sections?
    (5) Is the description of these interim final supplementary rules 
in the SUPPLEMENTARY INFORMATION section of this preamble helpful to 
your understanding of the interim final supplementary rules? How could 
this description be more helpful in making the interim final 
supplementary rules easier to understand?
    Please send any comments you have on the clarity of the interim 
final supplementary rules to the address specified in the ADDRESSES 
section.

National Environmental Policy Act

    The BLM has prepared an EA and has found that these interim final 
supplementary rules do not constitute a major Federal action 
significantly affecting the quality of the human environment under 
Section 102(2)(C) of the National Environmental Policy Act of 1969 
(NEPA), 42 U.S.C. 4332(2)(C). These interim final supplementary rules 
will enable BLM law enforcement personnel to cite persons for unlawful 
camping and use of public land for residential purposes. The BLM 
completed an EA to analyze the change in the camping limit in the 
planning area. The Decision Record for this EA was signed on March 1, 
2012. The BLM has placed the EA and the FONSI on file in the BLM 
Administrative Record at the address specified in the ADDRESSES 
section. The BLM invites the public to review these documents (https://www.blm.gov/or/districts/coosbay/plans/plans-details.php?id=2003) and 
requests that anyone wishing to submit comments do so in accordance 
with the Public Comment Procedures section, above.

Regulatory Flexibility Act (RFA)

    Congress enacted the Regulatory Flexibility Act of 1980, as 
amended, 5 U.S.C. 601, et seq., to ensure that Government regulations 
do not unnecessarily or disproportionately burden small entities. The 
RFA requires a regulatory flexibility analysis if a rule has a 
significant economic impact, either detrimental or beneficial, on a 
substantial number of small entities. These interim final supplementary 
rules do not pertain specifically to commercial or governmental 
entities of any size, but contain rules to limit the duration of 
overnight camping on public lands in the Bastendorff Beach area in the 
Coos Bay District. Therefore, the BLM has determined, under the RFA, 
that these interim final supplementary rules do not have a significant 
economic impact on a substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    These interim final supplementary rules do not constitute ``major 
rules'' as defined at 5 U.S.C. 804(2). These interim final 
supplementary rules only establish a 24-hour limitation on overnight 
camping over a 14-day period at Bastendorff Beach and the associated 
headlands, and require campers to move at least 25 air miles from a 
previously occupied site after 24 hours of camping. The limitation is 
necessary to protect the public lands and facilities and those, 
including small business concessionaires and outfitters, who use them. 
These interim final supplementary rules will have no effect on 
business, commercial, or industrial use of the public lands.

Unfunded Mandates Reform Act

    These interim 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 interim final 
supplementary rules have a significant or unique effect on state, 
local, or tribal governments or the private sector. The interim final 
supplementary rules do not require anything of state, local, or tribal 
governments. 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.).

[[Page 18880]]

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

    These interim final supplementary rules do not represent a 
Government action capable of interfering with constitutionally 
protected property rights. The interim final supplementary rules do not 
address property rights in any form and do not cause the impairment of 
anyone's property rights. Therefore, the Department of the Interior has 
determined that these interim final supplementary rules do not cause a 
taking of private property or require further discussion of takings 
implications under this Executive Order.

Executive Order 13132, Federalism

    These interim final supplementary rules will 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. These 
interim final supplementary rules apply in only one state, Oregon, and 
do not address jurisdictional issues involving the Oregon State 
government. Therefore, in accordance with Executive Order 13132, the 
BLM has determined that these interim final supplementary rules do not 
have sufficient Federalism implications to warrant preparation of a 
Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the Oregon/Washington State Office of 
the BLM has determined that these interim final supplementary rules do 
not unduly burden the judicial system and that the rule meets the 
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, we have found that these 
interim final supplementary rules do not include policies that have 
tribal implications. Since these interim final supplementary rules do 
not change BLM policy and do not involve Indian reservation lands or 
resources, we have determined that the government-to-government 
relationships remain unaffected. These interim final supplementary 
rules only prohibit camping longer than 24 hours in any 14-day period.

Executive Order 13352, Facilitation of Cooperative Conservation

    Under Executive Order 13352, the Oregon/Washington State Office of 
the BLM has determined that these interim final supplementary rules 
will not impede the facilitation of cooperative conservation. These 
interim final supplementary rules will take appropriate account of and 
consider the interests of persons with ownership or other legally 
recognized interests in land or other natural resources; properly 
accommodate local participation in the Federal decision-making process; 
and provide that the programs, projects, and activities are consistent 
with protecting public health and safety.

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

    These interim final supplementary rules do not comprise a 
significant energy action. These interim final supplementary rules will 
not have an adverse effect on energy supplies, production, or 
consumption. The rules only address unauthorized occupancy on public 
lands and have no connection with energy policy.

Paperwork Reduction Act

    These interim final 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. 3501-3521.

Interim Final Supplementary Rules

    For the reasons stated in the preamble, and under the authority of 
43 CFR 8365.1-6, 43 U.S.C. 1740, and 43 U.S.C. 315a, the State Director 
establishes interim final supplementary rules for public lands managed 
by the BLM in Coos County, Oregon, subject to the Coos Bay District 
Resource Management Plan, to read as follows:

Prohibited Acts

    Unless otherwise authorized, the Bureau of Land Management will 
enforce the following rules on public lands at Bastendorff Beach and 
the associated headlands within the Umpqua Field Office, Coos Bay 
District, Oregon:

Camping and Occupancy

    1. You must not camp longer than a single stay of up to 24 hours in 
a 14-day period on public land.
    2. After a single stay of up to 24 hours, you must move at least 25 
air miles away from the previously occupied site.

Exemptions

    The following persons are exempt from these rules: Any Federal, 
state, or local officer or employee acting within the scope of his/her 
duties; members of any organized rescue or firefighting force in 
performance of an official duty; and any person authorized, in writing, 
by the BLM.

Enforcement

    Any person who violates these interim final supplementary rules may 
be tried before a United States Magistrate and fined in accordance with 
18 U.S.C. 3571, imprisoned no more than 12 months under 43 U.S.C. 
1733(a) and 43 CFR 8360.0-7, or both. In accordance with 43 U.S.C. 
8365.1-7, state or local officials may also impose penalties for 
violations of Oregon law.

Jamie E. Connell,
Oregon/Washington Acting State Director, Bureau of Land Management.
[FR Doc. 2016-07382 Filed 3-31-16; 8:45 am]
 BILLING CODE 4310-33-P