Final Supplementary Rules for the Cove Recreation Site, Owyhee County, Idaho, 43631-43634 [2016-15833]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 81, Number 128 (Tuesday, July 5, 2016)]
[Notices]
[Pages 43631-43634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15833]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[15XL LLIDB00100 LF1000000.HT0000 LXSS020D0000 241A 4500076900]


Final Supplementary Rules for the Cove Recreation Site, Owyhee 
County, Idaho

AGENCY: Bureau of Land Management, Interior.

ACTION: Final supplementary rules.

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SUMMARY: The Bureau of Land Management (BLM) is finalizing 
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 final supplementary rules are 
compatible and consistent with the September 2008 Record of Decision 
(ROD) for the NCA's resource management plan (RMP).

DATES: These final supplementary rules are effective August 4, 2016.

ADDRESSES: You may direct your inquiries to the 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. Background

    The 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 changes to Cove Recreation Site user fees, which were 
established in 2005 under the Federal Lands Recreation Enhancement Act. 
The final supplementary rules will 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 will also provide the BLM with the enforcement tools 
needed to enhance public health and safety and help prevent damage to 
natural and cultural resources.

II. Discussion of Public Comments

    The BLM published proposed supplementary rules for the Cove 
Recreation Site in the Federal Register on June 25, 2014 (79 FR 36094). 
Originally, public comments were due August 25, 2014. The BLM accepted 
comments from the Owyhee County Commission on September 15, 2014, at 
the next in a series of monthly coordination meetings held to 
facilitate

[[Page 43632]]

communication and understanding of BLM issues and decisions of concern 
to the County. The Commission had notified the BLM in a letter dated 
August 18, 2014, that it would need additional time beyond the original 
due date for comments to respond. Had the BLM received other comments 
in the period between August 25, 2014, and September 15, 2014, those 
comments would also have been accepted. However, no comments besides 
those from the Owyhee County Commission on September 15, 2014, were 
received after August 25, 2014.
    The Owyhee County Commission's comments showed support for 
increasing the proposed number of people allowed per site by 2 for 
single, double, and triple sites. In response to these comments, in the 
final rule the maximum number of people per campsite was changed to 8 
for a single site, 12 for a double site, and 16 for a triple site.
    During the regular comment period, the BLM received one form letter 
sent or signed by 121 people. The letter identified three concerns. The 
first concern was that camping would no longer be permitted on 
undeveloped land to the west of the developed portion of Cove 
Recreation Site fee area. This area was included in the 160 acres 
analyzed by the 2003 environmental assessment (EA), but is currently 
outside the fee area that contains developed recreation sites and 
facilities.
    The second concern was that restricting the number of people per 
campsite to 6 for a single site would burden larger and/or low-income 
families.
    The third concern was that the rule that does not permit off-
highway vehicle (OHV) use within the campground would be applied 
outside the developed portion of the campground to the west.
    In response to these comments, the final supplementary rules 
clarify that they only apply to the area within the developed 
recreation site, RV dump, and related facilities. The boundaries 
include a fence line one-half mile east from the boat ramp at Black 
Sands, the Cove Inlet on the east side of the recreation site and, the 
BLM private property lines on the south side. These rules will be 
applied within these boundaries.
    Rule number four, which restricts the number of people per 
campsite, was changed in the final rule to 8 for a single site, 12 for 
a double site, and 16 for a triple site.

III. Discussion of the Final Supplementary Rules

    These final supplementary rules will 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 final supplementary rules are compatible and 
consistent with the ROD for the NCA's RMP. The final supplementary 
rules 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.
    These final supplementary rules revise some of the definitions that 
were in the proposed supplementary rules. The definition of 
``Motorbike'' is revised to correct a typographical error (``trials 
bikes'' has been changed to ``trail bikes''). The definition of 
``Specialty off-highway vehicle'' is revised to clarify that a mention 
of other definitions refers to other definitions that are found in 
these supplementary rules. The definition of ``Utility type vehicle'' 
is revised to delete a reference to a definition of ``snowmobile,'' 
which does not appear in these supplementary rules.
    Rule number one requires immediate payment of user fees at a self-
service pay station. It also provides that holders of Golden Age or 
Golden Access Passports are entitled to a 50 percent fee reduction. 
Acting on a recommendation from the BLM's law enforcement officers, 
rule number one has been revised. As proposed, the first sentence in 
rule number one would have stated, ``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.'' That sentence in the final 
supplementary rule states, ``User fees must be paid immediately upon 
parking or entering Cove Recreation Site.'' This change will help 
ensure prompt payment of user fees.
    Rule number two provides that fees for overnight camping permit up 
to two vehicles per numbered campsite, and requires an extra fee for 
additional vehicles.
    Rule number three permits camping only at numbered sites and rule 
number four limits the number of visitors allowed in each site. These 
rules will help ensure public safety and protect resources.
    Rule number five requires a check-out time of 2:00 p.m. to allow 
other users to use a site.
    Rule number six will prevent resource damage by prohibiting cross-
country vehicle travel within the campground.
    Rule number seven prohibits the use of OHVs in the campground. This 
rule will help ensure the protection of persons, property, and 
resources.
    Rule number eight prohibits vehicles and camping gear from being 
left unattended in the recreation site for longer than 24 hours. This 
rule will assist in making the recreation site available to other 
visitors.
    Rule number nine establishes quiet hours so that visitors may rest 
and sleep without interruption.
    Rule numbers ten and eleven establish acceptable behavior regarding 
the use of campfires and obtaining campfire fuel. These rules will help 
ensure visitor safety and will help prevent resource damage.
    Rule number twelve requires immediate removal and disposal of 
refuse. This rule will help ensure visitor safety and prevent resource 
damage. The second sentence of rule number twelve is revised in 
response to a recommendation from the BLM's law enforcement officers. 
As proposed, that sentence would have stated, ``All persons must keep 
their sites free of trash and litter during the period of occupancy.'' 
The second sentence of the final supplementary rule states, ``All 
persons must keep and leave their sites free of trash and litter at all 
times.'' The BLM believes that compared to the proposed wording, this 
wording will more effectively ensure public safety.
    Rule number thirteen prohibits dumping of graywater or blackwater 
anywhere outside an approved area. This rule will help safeguard public 
safety.
    Rule number fourteen provides that the maximum length of stay in 
the campground is 14 consecutive days. This rule will prevent semi-
permanent visitation.
    Rule number fifteen prohibits the use or discharge of paintball 
equipment in the campground and day-use areas. This rule will help 
reduce conflict between users of the established recreation area and 
potential damage to facilities.
    The BLM has replaced the proposed ``Penalties'' provision. The 
replacement, titled ``Enforcement,'' improves the precision and 
accuracy of the supplementary rules.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    The final supplementary rules are not a significant regulatory 
action and are not subject to review by the Office of

[[Page 43633]]

Management and Budget under Executive Order 12866. They will not have 
an effect of $100 million or more on the economy. 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. The final supplementary 
rules will 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 final supplemental rules 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.

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 final 
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 final 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 final supplementary rules 
were analyzed in the 2003 EA for reconstruction of the site. The final 
supplementary rules are also compatible and consistent with the 2008 
ROD for the NCA's RMP and also provide for enforcement.
    The BLM found that the final 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 final supplementary rules 
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 final supplementary rules 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 will 
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 with foreign-
based enterprises in domestic and export markets.

Unfunded Mandates Reform Act

    These final supplementary rules will 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 will 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 final supplementary rules will not have significant takings 
implications, nor will they be capable of interfering with 
constitutionally protected property rights, as no property rights are 
at stake in this final rule. 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 final supplementary rules do 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 final 
supplementary rules will not conflict with any Idaho state law or 
regulation, but provide greater consistency with the Idaho State Code 
to protect public health and safety. Therefore, in accordance with 
Executive Order 13132, the BLM has determined these final supplementary 
rules will not have sufficient federalism implications to warrant 
preparation of a Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    The BLM has determined these final supplementary rules will 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 Shoshone-Bannock Tribes of the Fort Hall Indian Reservation and 
Shoshone-Paiute Tribes of the Duck Valley Indian Reservation were 
consulted during planning for the environmental assessment for 
reconstruction of the site and supported these decisions. The tribes 
continue to be consulted regularly on

[[Page 43634]]

implementation actions. Based on these consultations, the BLM has 
determined that these supplementary rules do not involve policies 
having tribal implications.

Executive Order 13352, Facilitation of Cooperative Conservation

    In accordance with Executive Order 13352, the BLM has determined 
that the final supplementary rules will not impede facilitating 
cooperative conservation; will take appropriate account of and consider 
the interests of persons with ownership or other legally recognized 
interests in land or other natural resources; will properly accommodate 
local participation in the Federal decision-making process; and will 
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 final supplementary rules will not constitute a significant 
energy action. The final supplementary rules will not have an adverse 
effect on energy supplies, 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 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 establishes final supplementary rules for BLM-
managed public lands at the Cove Recreation Site, to read as follows:
FINAL 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 tractors, designed for or 
capable of traveling off developed roadways and highways and also 
referred to as trailbikes, enduro bikes, trail 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 these supplementary 
rules.
     ``Utility type vehicle'' or ``UTV'' means any recreational 
motor vehicle other than a snowmobile or an ATV or motorbike 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 final 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 final supplementary rules:
    1. User fees must be paid immediately upon parking or entering Cove 
Recreation Site. 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.
    4. The maximum number of persons allowed on campsites is 8 for a 
single site, 12 for a double site, and 16 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 and leave their sites free of trash and litter at all times.
    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.
    ENFORCEMENT: Any person who violates any of these 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 8560.0-7, or both. In accordance with 43 
CFR 8365.1-7, State or local officials may also impose penalties for 
violations of Idaho law.

Michael C. Courtney,
State Director, Idaho--Acting, Bureau of Land Management.
[FR Doc. 2016-15833 Filed 7-1-16; 8:45 am]
 BILLING CODE 4310-GG-P