[Federal Register Volume 74, Number 185 (Friday, September 25, 2009)]
[Notices]
[Pages 49010-49016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23247]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[AZ-330-09-L12320000-AL0000-LVRCAZ070000]


Notice of Final Supplementary Rules on Public Lands Managed by 
the Lake Havasu Field Office, Arizona and California

AGENCY: Bureau of Land Management, Interior.

ACTION: Final supplementary rules.

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SUMMARY: The Bureau of Land Management (BLM) Lake Havasu Field Office 
is issuing revised supplementary rules to implement decisions of the 
Lake Havasu Field Office Resource Management Plan (2007), to protect 
valuable and fragile natural and cultural resources, and to provide for 
public safety and enjoyment.

DATES: These supplementary rules are effective October 26, 2009.

ADDRESSES: Bureau of Land Management, Lake Havasu Field Office, 2610 
Sweetwater Avenue, Lake Havasu City, Arizona 86406 or e-mail to <a href="/cdn-cgi/l/email-protection#df93beb4ba8097bea9beacaa9fbdb3b2f1b8b0a9"><span class="__cf_email__" data-cfemail="8fc3eee4ead0c7eef9eefcfacfede3e2a1e8e0f9">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Mike Henderson, Assistant Field 
Manager, or Michael Dodson, Field Staff Law Enforcement Ranger, Bureau 
of Land Management, Lake Havasu Field Office, 2610 Sweetwater Avenue, 
Lake Havasu City, Arizona 86406; telephone 928-505-1200, e-mail <a href="/cdn-cgi/l/email-protection#e7aa8e8c82b8af8289838295948889a7858b8ac9808891"><span class="__cf_email__" data-cfemail="0c416567695344696268697e7f63624c6e6061226b637a">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#6e23070d060f0b02312a010a1d01002e0c020340090118"><span class="__cf_email__" data-cfemail="571a3e343f36323b0813383324383917353b3a79303821">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:
I. Background
II. Discussion of Supplementary Rules
III. Procedural Matters

I. Background

    The following supplementary rules cover 1.3 million acres of the 
public land in the States of Arizona and California within the 
jurisdiction of the BLM Lake Havasu Field Office. These lands were 
included in the Lake Havasu Field Office Resource Management Plan 
(2007), and are adjacent to the Colorado River in the counties of 
Mohave, Maricopa, and La Paz (Arizona), and San Bernardino 
(California). The supplementary rules are created to implement the Lake 
Havasu Field Office Resource Management Plan on public lands within the 
planning area and to provide for continued management of these specific 
areas: Lake Havasu Shoreline, Parker Strip Recreation Management Area, 
Craggy Wash, and Swansea Townsite.
    The primary purpose of the Lake Havasu Shoreline Program is to 
provide areas for boating, camping, and day-use. The recreation sites, 
designated as camps or day-use sites, are in areas traditionally used 
by boat-in camp visitors. This program was established to accommodate 
the increasing demand for shoreline recreational sites and to improve 
management of the natural resources. The designation of fee sites 
assures that specific locations are available for such use year after 
year.
    The Parker Strip Recreation Management Area also experiences high 
visitor use. It contains campgrounds, day-use areas, off-highway 
vehicle use areas, boat ramps, picnic areas, concession operated 
resorts, and the Parker Dam Road National Backcountry Byway.
    The Craggy Wash area is located directly adjacent to the north side 
of the Lake Havasu City Municipal Airport and east of State Route 95. 
It is heavily used for dispersed camping during the cooler months of 
the year (October to April). The area is also utilized by target 
shooters, off-highway vehicles, sightseers, bicyclists, and hikers. 
Frequently, as many as 300 visitors may be in the area at one time.
    These supplementary rules replace existing rules for the Lake 
Havasu Shoreline, Aubrey Hills area, Craggy Wash area, Standard Wash 
area, Desert Bighorn Sheep Lambing Grounds (in Lake Havasu City, AZ), 
the Parker Strip Recreation Area (adjacent to the Colorado River in 
Arizona and California), and the Swansea Townsite (in La Paz County, 
Arizona). Existing supplementary rules were published in the Federal 
Register on September 15, 2003 (68 FR 54004-54007). These supplementary 
rules also replace previous supplementary rules published on May 21, 
1998 (63 FR 27995), May 18, 1998 (63 FR 27316), and October 12, 1995 
(60 FR 53194).
    On March 4, 2008, the BLM published a notice of proposed 
supplementary rules and sought public comment, 73 FR 11662-11666. The 
public comment period closed May 5, 2008. BLM

[[Page 49011]]

received 15 comments. All comments referred to Proposed Supplementary 
Rule 29, regarding off-highway vehicle use on the Parker Strip 
Recreation Management Area. One comment also addressed Proposed 
Supplementary Rules 21, 26, 27, and 28.
    The following information responds to the public comments:
    Rule 21. You must not possess glass beverage containers on land or 
in the water. You may possess glass beverage containers only within the 
confines of a vessel. The comment stated that the rule would exclude 
visitors from having glass beverage containers inside mobile homes and 
recreational vehicles at concession resorts, and that it should be 
rewritten to exclude concessions and apply only to the shoreline of 
Lake Havasu.
    BLM Response: The rule pertains to the possession of glass beverage 
containers throughout the Lake Havasu Shoreline Area and Parker Strip 
Recreation Management Area on beaches, shoreline areas, and those areas 
that provide immediate access to such sites. Such sites are along the 
shoreline of the Colorado River through both Lake Havasu and the Parker 
Strip, including concession shorelines in both areas. This rule is 
intended to keep glass from entering these areas and becoming a hazard. 
This rule was carried forward unchanged from the existing rule 
established in 2003, and is consistent with similar rules at other 
Federal, State and local areas with similar uses. However, upon 
reviewing this comment, we have decided it is reasonable to allow glass 
beverage containers within the confines of mobile homes, recreational 
vehicles, mobile vacation homes, and enclosed buildings at concession 
resorts. This final rule has been revised accordingly.
    Rule 26. You must not park or operate vehicles in violation of 
posted restrictions. The comment asked for a clarification of what is 
meant by ``posted restrictions'' because, without clarification, the 
intent of the rule is difficult to understand.
    BLM Response: The intent of this rule is to provide reasonable 
notice that the BLM will facilitate the regulation of traffic and 
parking within the Parker Strip Recreation Management Area by posting 
appropriate-sized signs or notices of restrictions and prohibitions. It 
is difficult to state in these supplementary rules all of the possible 
restrictions that may apply in specific locations, and exactly how 
those restrictions will be posted. The BLM believes that the proposed 
supplementary rule is sufficiently clear, and the final rule has not 
been changed.
    Rule 27. Disorderly conduct is prohibited. The comment stated that 
the rule was too broad and does not define the particular conduct which 
is being prohibited, and that it should pertain to all BLM lands.
    BLM Response: Disorderly conduct is defined in regulations of the 
BLM at Title 43 Code of Federal Regulations (CFR) 423.2 and 8365.1-4. 
These regulations are applicable on all public lands. Similarly, 
disorderly conduct is defined at Arizona Revised Statute 13-2904 and 
California Penal Code Section 415, and those provisions are applicable 
in those respective states. The BLM believes that the clarity of these 
definitions is sufficient, but at the same time believes it is helpful 
to include this provision in the supplementary rules for the Parker 
Strip Recreation Management Area because Federal Register notices may 
be used for posting. In addition, including this provision here helps 
communicate, as a visitor service, the laws and rules that apply to a 
specific area. The final rule remains unchanged from the proposed rule.
    Rule 28. On BLM-managed campgrounds, no more than 8 (eight) persons 
may occupy one campsite. The commenter understands that the rule does 
not apply to concessions, but prefers that the rule specifically 
exclude concession operations because concessionaires manage the group 
size and occupancy of spaces within concessions.
    BLM Response: This rule already clearly states that it applies ``on 
BLM-managed campgrounds,'' and it is unnecessary to include an 
additional exclusion that it does not apply to concession-managed 
resorts. BLM-managed campgrounds are directly managed by BLM Volunteer 
Campground Hosts. BLM-managed campgrounds are clearly marked as such by 
signing and the presence of a Volunteer Campground Host. Concession 
Resort Representatives manage resorts under permitted policies in 
accordance with BLM policy, rules, and Federal, State, and local laws. 
The Concession Resorts are also prominently signed as such. The final 
rule is therefore the same as the proposed rule.
    Rule 29. The operation of off-highway vehicles within any BLM-
managed campground, concession resort, or facility is prohibited. This 
includes, but is not limited to, off-road only motorcycles, 3- to 8-
wheel all-terrain vehicles, and those motor vehicles of which the 
primary manufactured purpose is for off-highway, rough terrain, or non-
highway utility usage. This prohibited use applies to all off-highway 
vehicles on the California side of the Parker Strip Recreation 
Management Area that are not specifically registered, insured, or legal 
in the State of California for highway operation. This prohibition is 
in effect regardless of registration or highway operations laws of 
another state or foreign jurisdiction. This prohibited use also applies 
to all off-highway vehicles on the Arizona side of the Parker Strip 
Recreation Management Area that are not specifically registered, 
insured, or legal for highway operation in the State of Arizona. This 
prohibition is in effect regardless of registration or highway 
operations laws of another state or foreign jurisdiction. Golf carts 
may be operated only within BLM-managed campgrounds, concession 
resorts, and facilities. Operation of an off-highway vehicle or golf 
cart upon any public highway or road, or the shoulders thereof, is 
prohibited. The operation of a golf cart by a person under 16 years of 
age is prohibited, unless under the immediate and direct supervision of 
a person over 21 years of age. Several commenters stated that their 
personal off-highway vehicles are street legal in Arizona, and 
questioned why the proposed supplementary rule would apply in 
California.
    BLM Response: The State of California does not allow the operation 
of off-highway vehicles on streets or highways, except under very 
limited circumstances. The State of California does not register off-
highway vehicles as street legal, so registrations from other states 
are not recognized in California, pursuant to Section 38006 of the 
California Vehicle Code. As explained for Rule 27, including this 
provision in the supplementary rules helps emphasize the message as a 
visitor service. Similar rules have been posted at all of the Parker 
Strip Recreation Management Area's campgrounds and concession resorts 
since 1998. The proposed supplementary rule further clarifies what is 
an off-highway vehicle and what use of such vehicles constitutes a 
violation. The definition of what constitutes an ``off highway 
vehicle'' can be found in this rule. It may also be found in Section 
38001 of the California Vehicle Code.
    On the California side of the Parker Strip Recreation Management 
Area, the total prohibition of off-highway vehicle use within the 
concession resorts and BLM-managed campgrounds or facilities mirrors 
those laws found within the California Vehicle Code, including but not 
limited to: Sections 530, 590, 360, 4000 and 38000 to 38506. The State 
of California does not allow the operation of off-highway vehicles on 
streets or highways, except under very limited

[[Page 49012]]

circumstances. The State of California only allows the operation of a 
golf cart on roads, highways or other areas in which the posted or safe 
speed limit is less than 25 miles per hour, pursuant to Section 21716 
California Vehicle Code. The definition of a golf cart can be found at 
Section 345 of the California Vehicle Code. Parker Dam Road is posted 
at 55 miles per hour and golf cart operation on the highway or upon the 
shoulder of the highway is prohibited. Golf carts may be operated 
within BLM managed campgrounds, concession resorts or other facilities 
pursuant to 21115 and 4019 of the California Vehicle Code. The part of 
the rule referencing the age of a person operating a golf cart is 
consistent with 43 CFR 8341.1(E) and 12814.6 California Vehicle Code.
    On the Arizona side of the Parker Strip Recreation Management Area, 
operation of off-highway vehicles is allowed within concession resorts 
and BLM-managed campgrounds or facilities if the off-highway vehicles 
meet the specific requirements of Arizona law. This rule mirrors those 
laws found at, but not limited to, Arizona Revised Statutes Chapters 17 
and 28. The State of Arizona allows the operations of ``street legal'' 
off-highway vehicles on public streets and highways under certain 
conditions and terms. The definitions of an all terrain vehicle and an 
off highway vehicle may be found at Arizona Revised Statutes 28-101.3 
and 101.34. Golf carts can also be registered as being ``street legal'' 
in the State of Arizona. The definition of a golf cart may be found at 
Arizona Revised Statutes 28-101(23). Those off highway vehicles and 
golf carts that are registered in the State of Arizona as ``street 
legal'' may be operated on roads, highways and streets. The part of the 
rule referencing the age of a person operating a golf cart is 
consistent with 43 CFR 8341.1(E) and Arizona Revised Statutes 28-3153.
    One comment stated this rule remains too broad because it could be 
applied to vehicles not intended for off-road use, such as travel 
trailers, motor homes, or similar vehicles that are parked or stored 
off the road on leased lands.
    BLM Response: This rule is adequately worded to clearly apply to 
the active operation of vehicles, specifically designed for off-highway 
use, that are not appropriate for highway operation.
    Two comments questioned why golf carts are allowed but off-highway 
vehicles are not.
    BLM Response: As with off-highway vehicles, the rule was written to 
reflect how California and Arizona State law allows the use of golf 
carts.
    Two comments stated the off-highway prohibition was taking away 
their ``privilege'' of using off-highway vehicles on driveways, through 
park entrances, and road shoulders to travel from a resort to a riding 
area along the roadside, and that there was no other way to transport 
the off-highway vehicle to the riding area.
    BLM Response: BLM cannot condone violation of State law and 
regulations through granting a privilege. Off-highway vehicles can be 
transported to the riding area by using a legal method initially 
employed to bring the off-highway vehicle into the resort.
    Another comment was that the roads within BLM concession resorts 
are private roads; therefore State laws regarding use of vehicles on 
public roads do not apply.
    BLM Response: All BLM concession resorts are located on leased 
public lands. Each of these resorts require a Concessions Permit and 
these resorts, including the lands and streets within, are under the 
direct criminal, civil and administrative jurisdiction of the BLM. 
Concession Resorts are not ``private lands or streets.'' State Law is 
also effective to the extent that it does not conflict with Federal 
Law, rules or regulations. The legal citations for the Bureau of Land 
Management's jurisdiction are FLMPA--43 U.S.C. 1700l; BOR OHV Rules--43 
CFR 420 and 423; BLM Concessions/Permits--43 CFR 2920; BLM OHV Rules--
43 CFR 8340 and 8341. Those lands that have rights-of-ways, leases and 
permits are still within the jurisdiction of the Bureau of Land 
Management. The intent of this rule is to emphasize that if State Law 
defines the operation of a particular vehicle in a certain area, these 
laws and rules also apply to those lands under the jurisdiction of the 
Bureau of Land Management. Although on-site representatives of 
concessions management enforce park management rules and procedures, 
they have no legal authority to manage traffic or criminal behavior, 
nor enforce any laws or rules, within the concession resorts. Although 
they may advise the public of applicable laws and rules, they must 
contact BLM Law Enforcement Rangers, the local County Sheriff, or the 
State Highway Patrol, to legally enforce such laws and rules.

II. Discussion of Supplementary Rules

    The BLM has issued these supplementary rules to manage continued 
multiple use of public lands. Under the authority of 43 United States 
Code (U.S.C.) 1733(a), 16 U.S.C. 6802(f) and (g) (2), and 43 CFR 
8365.1-6, the BLM establishes the following supplementary rules for 
public lands administered under the Lake Havasu Field Office Resource 
Management Plan.
    These supplementary rules replace previous rules published in the 
Federal Register on September 15, 2003 (68 FR 54004) and May 21, 1998 
(63 FR 27995). The supplementary rules for the Lake Havasu Shoreline 
Area apply to the BLM-managed lands within 1,000 linear feet of the 
high water mark (450-foot elevation line) of Lake Havasu, located in 
Mohave and La Paz Counties in Arizona, and in San Bernardino County, 
California. These rules also apply to portions of Lake Havasu located 
within 500 linear feet of designated campsites, day-use sites, fishing 
docks, boat docks, and swimming beaches. Included in this area are the 
following currently designated camps (listed by their location along 
the lake's Arizona shoreline from north to south): Bluebird; Wren Cove 
(2 sites); Mallard Cove (6 sites); Teal Point (2 sites); Widgeon Key; 
Road Runner (2 sites); Solitude Cove; Balance Rock Cove; Friendly 
Island (4 sites); Goose Bay (2 sites); Pilot Rock (3 sites); Steamboat 
Cove (4 sites); Buzzard Cove; Eagle Cove; Eagle Point; Ewe Camp; 
Rachel's Camp; Linda's Camp; Sand Isle (3 sites); Standard Wash (3 
sites); Echo Cove (3 sites); Coyote Cove (2 sites); BLM Camp (2 sites); 
Whyte's Retreat (2 sites); Rocky Landing (3 sites); Satellite Cove (3 
sites); Hum Hum Cove (2 sites); Cove of the Little Foxes; Disneyland (3 
sites); Gnat Keys (2 sites); Hi Isle (10 sites); Big Horn (2 sites); 
Bass Bay (2 sites); Larned Landing (3 sites); Bill Williams (5 sites).
    The supplementary rules for the Parker Strip Recreation Management 
Area replace those published on September 15, 2003 (68 FR 54004), and 
October 12, 1995 (60 FR 53194), and the supplementary rules for the 
Empire Landing and Crossroads Campgrounds, which are situated within 
the Parker Strip Recreation Management Area, published May 18, 1998 (63 
FR 27316). These supplementary rules apply to the Parker Strip 
Recreation Management Area, which is defined as:

Gila and Salt River Meridian, Arizona

T. 11 N., R. 18 W., Sec. 15, 16, 22, 28, and 34.
T. 10 N., R. 18 W., Sec. 5 (W1/2, NW1/4, SW1/4), Sec. 6, Sec. 7, 
Lots 1-4, (NE1/4, N1/2, SE1/4, SW1/4, SE1/4) Sec. 18 (Lot 1, NW1/4, 
NE1/4).
T. 10 N., R. 19 W., Sec. 12, Sec. 13 (N1/2, N1/2, N1/2, SW1/4, NE1/
4, NW1/4, SE1/4, NE1/4, N1/2, SE1/4, NW1/4, SW1/4, NW1/4, W1/2, SW1/
4), Sec. 14, 22 and 23, Section 24 (W1/2, NW1/4).

[[Page 49013]]

San Bernardino Meridian, California

T. 2 N., R. 27 E., all.
T. 2 N., R. 26 E., Sec. 1, 11-15, 21-27 and 34-36.
T. 1 N., R. 26 E., Sec. 2, 3, 10, and 11.

    The supplementary rules for the Craggy Wash area replace 
supplementary rules for Craggy Wash published September 15, 2003 (68 
FR 54004). The supplementary rules for dispersed camping in the 
Craggy Wash area are necessary to manage the high volume of 
visitation to the area during the fall, winter, and spring seasons. 
The Craggy Wash area is defined as public lands located with the 
following legal description:

Gila and Salt River Meridian, Arizona

T. 14 N., R. 20 W., Sec. 4 (N\1/2\), Sec. 3 (N\1/2\), Sec. 2 (N\1/
2\).
T. 15 N., R. 20 W., Sec. 33, 34, 35, 36.

    The supplementary rules for Swansea Townsite replace previously 
published rules. The Swansea Townsite area is defined as public 
lands located with the following legal description:

Gila and Salt River Meridian, Arizona

T. 10 N., R. 15 W., Sec. 28, W\1/2\ SW\1/4\; Sec. 29, S\1/2\; Sec. 
32, N\1/2\; Sec. 33, W\1/2\ NW\1/4\.

III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These supplementary rules are not significant and are not subject 
to review by the Office of Management and Budget under EO 12866.
    (1) These supplementary rules 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, the 
environment, public health or safety, or State, local, or tribal 
governments or communities.
    (2) These supplementary rules will not create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another agency.
    (3) These supplementary rules do not alter the budgetary effects or 
entitlements, grants, user fees, or loan programs or the rights or 
obligations of their recipients.
    (4) These supplementary rules do not raise novel legal or policy 
issues.
    The supplementary rules will not affect legal commercial activity, 
but merely contain rules of conduct for public use of a limited 
selection of public lands.

Clarity

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

Regulatory Flexibility Act

    The Department of the Interior certifies that these supplementary 
rules will not have a significant economic effect on a substantial 
number of small entities under the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.). The supplementary rules will not affect legal commercial 
activity, but will govern conduct for public use of a limited selection 
of public lands.

Small Business Regulatory Enforcement Fairness Act

    These supplementary rules do not constitute a major rule under 5 
U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. 
These supplementary rules:
    (1) Do not have an annual effect on the economy of $100 million or 
more. (See the discussion under Regulatory Planning and Review, above.)
    (2) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. (See the discussion under Regulatory 
Flexibility Act, above.)
    (3) Do not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act

    These 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. The supplementary rules do not have a 
significant or unique effect on State, local, or tribal governments, or 
the private sector. The supplementary rules have no effect on 
governmental or tribal entities. A statement containing the information 
required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is 
not required.

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

    In accordance with EO 12630, the supplementary rules do not have 
significant takings implications. The enforcement provision in the 
supplementary rules does not include any language requiring or 
authorizing forfeiture of personal property or any property rights. The 
EO 12630 addresses concerns based on the Fifth Amendment dealing with 
private property taken for public use without compensation. The land 
covered by the supplementary rules is public land managed by the BLM; 
therefore, no private property is affected. A takings implications 
assessment is not required.

Executive Order 13132, Federalism

    These 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. Therefore, in accordance with 
Executive Order 13132, the BLM has determined that these supplementary 
rules do not have sufficient Federalism implications to warrant 
preparation of a Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    In accordance with EO 12988, the BLM has determined that these 
supplementary rules do not unduly burden the judicial system and meet 
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 EO 13175, we have found that these final rules 
would not include policies that have tribal implications. The 
supplementary rules would not affect lands held for the benefit of 
Tribes and Alaskan Natives.

Paperwork Reduction Act

    These supplementary rules do not contain information collection 
requirements that the Office of Management and Budget must approve

[[Page 49014]]

under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

National Environmental Policy Act (NEPA)

    The BLM prepared an environmental impact statement as part of the 
development of the Lake Havasu Field Office Resource Management Plan. 
During the National Environmental Policy Act process, many proposed 
decisions were fully analyzed, including the substance of these 
supplementary rules. The NEPA analysis for the decisions outlined in 
the Supplementary Rules was presented in the Draft RMP (BLM, 2005) and 
Final Environmental Impact Statement (2006). The decisions were 
approved in the Record of Decision (ROD) and Resource Management Plan, 
on May 10, 2007. The supplementary rules provide enforcement of plan 
decisions. The rationale for the decisions made in the plan is fully 
covered in the EIS. The EIS is available for review in the BLM 
administrative record at the address specified in the ADDRESSES 
section.

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

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

Author

    The principal author of these supplementary rules is Michael 
Dodson, Field Staff Law Enforcement Ranger, Bureau of Land Management 
Lake Havasu Field Office.
    For the reasons stated in the Preamble, and under the authority for 
supplementary rules in 43 U.S.C. 1733(a) and 1740 and 43 CFR 8365.1-6, 
the Arizona State Director, Bureau of Land Management, establishes the 
following supplementary rules:

Supplementary Rules for All Public Lands Administered Under the Lake 
Havasu Field Office Resource Management Plan (2007)

    1. Collection of dead and down wood is allowed only within 100 feet 
of a dispersed campsite and only for use in campfires as defined in 43 
CFR 9212.0-5(e). The amount of firewood collected may not exceed the 
amount reasonably necessary to enjoy a traditional campfire (43 CFR 
8365.1-5(b)(5)). Destruction, gathering or vandalism of live vegetation 
is prohibited. On-site collection or ignition of any other form of 
wood, such as building materials, artifacts, picnic tables, signs, or 
facilities from public lands is strictly prohibited. The use of 
commercially available firewood from off-site sources is recommended 
and strongly encouraged. Bonfires or other fire that exceeds a campfire 
as defined in 43 CFR 9212.0-5(e) are prohibited. Any person responsible 
for a campfire must possess on-site at least one means of rapidly 
extinguishing the fire, which may include, but is not limited to, a 
shovel, a fire blanket, at least five gallons of water, or a proper 
fire extinguisher. Leaving an active campfire unattended is prohibited 
(43 CFR 9212.1(d)).
    2. All activities involving the use of paintballs are prohibited in 
any wilderness area, any wilderness study area, and any area of 
critical environmental concern, or within one-quarter mile of any 
established facilities, sites, campgrounds, residences, trailheads, 
staging areas, roads or other special designations. This also applies 
to any other area posted as prohibiting paintball activities, and is in 
effect even if commercially available and marketed biodegradable 
paintball materials are being used. The use of any type of paintball 
materials is prohibited in these areas. In authorized areas, paintball 
materials must be commercially manufactured and biodegradable.
    3. In the Standard Wash Off-Highway Vehicle Use Area (Open Area 
pending), and the Shea Road/Osborn Wash Off-Highway Vehicle Use Area 
(Open Area pending), all motorized vehicle use and access shall be 
managed to restrict such use to existing roads and trails, until such 
time that appropriate environmental clearances are obtained. No person 
shall engage in motorized travel off existing routes (such as off- 
highway vehicle free-play or cross-country travel) until such time as 
these areas are authorized opened for that use. Upon full environmental 
clearance of both off-highway vehicle use areas and re-designation as 
open areas, this paragraph of the Supplementary Rule shall become null 
and void. However, each Open Area may obtain clearance and be opened 
for such use independently of each other and at different times.
    4. Dispersed camping in undeveloped areas is authorized without 
permit for up to 14 days within any 28-day period. After the 14th day, 
campers must move beyond a 25-mile radius of their previous camp. This 
does not apply to concessions, public agency leases, and Long-Term 
Visitor Areas.
    5. Overnight camping at the Lake Havasu Shoreline sites, Swansea 
Townsite and the Three Rivers Riparian District is limited to those 
recreation sites specifically designated for this use. Overnight 
camping within these three areas at a site that is not specifically 
designated or assigned for such use is prohibited.

Supplementary Rules for the Lake Havasu Shoreline Area

    1. You must pay a fee in order to use a designated recreation site, 
including occupying a site for any use exceeding 20 minutes.
    2. You must not moor any watercraft or floating platform at a 
recreation site or offshore in the vicinity or cove of any such site 
for more than 20 minutes without paying the required amenity fee. The 
fees will be in accordance with the fee schedule, requirements, and 
procedures that the BLM established under the Federal Lands Recreation 
Enhancement Act, and are payable in U.S. funds only.
    3. You must present the appropriate fee receipt upon demand to any 
authorized BLM official inspecting the site. The fee receipt must be 
visibly displayed on the fee tube, in accordance with posted 
instructions, or in the manner directed by a BLM official.
    4. You must not reassign or transfer your fee receipt to another 
individual or group or to another campsite.
    5. Any authorized BLM official may revoke your use privileges, 
without reimbursement, if you violate any BLM rule or regulation. If 
the BLM revokes your use privileges, you must remove all personal 
property and leave the recreation site within one hour of notice.
    6. A recreation site is considered occupied after you have paid the 
appropriate amenity fee, have taken possession of the site by placing 
personal property at the site, and have displayed the fee receipt on 
the fee tube in accordance with written instructions or as directed by 
a BLM official. You must not occupy a site in violation of instructions 
from a BLM official, or when there is reason to believe that the site 
is occupied by another person or persons.
    7. Except for authorized Federal, State, or local personnel during 
the commission of their duties, a site cannot be occupied by other 
visitors without the consent of the party that paid the amenity use 
fee.
    8. You must not occupy a site designated as ``day-use'' between 
sunset and sunrise.
    9. A single vessel and its occupants may not occupy more than one 
site.
    10. During the hours of 10 p.m. to 6 a.m., in accordance with 
applicable

[[Page 49015]]

state time zone standards, you must maintain quiet within normal 
hearing range of the designated recreation sites.
    11. You must not cut or collect any firewood, including dead and 
down wood or any other vegetative material, at any shoreline site.
    12. You must not moor vessels to vegetation, signs, shade ramadas, 
tables, grills or fire rings, toilets, trash receptacles, or other 
objects or structures not designed for such use.
    13. You must not beach or moor a vessel in excess of posted time 
limits.
    14. You must not discharge or possess any fireworks.
    15. You must keep the site free of litter and trash during the 
period of occupancy. You must remove all personal property, and the 
site must be clean upon your departure.
    16. You must keep pets on a leash no longer than six (6) feet.
    17. You must not leave pets unattended, and you must remove pet 
waste from the site or dispose of it in trash receptacles.
    18. You must not violate any provisions of boating laws as 
described in Title 5, Chapter 3, of the Arizona Revised Statutes, or 
the California Harbors and Navigation Code (as applicable).
    19. Possession of alcoholic beverages by a person under the age of 
21 years is prohibited.
    20. Consumption of alcoholic beverages by a person under the age of 
21 years is prohibited.
    21. You must not possess glass beverage containers on land or in 
the water. You may possess glass beverage containers only within the 
confines of a vessel, mobile home, recreational vehicle, mobile 
vacation home, or an enclosed building at a concession resort.
    22. Reserving recreation sites in any manner, including personal 
property left unattended overnight on site, is prohibited.
    23. Recreation sites used for camping activities must be occupied 
overnight by the party that paid for such use.
    24. You must not leave personal property unattended for more than 
24 hours. Personal property left unattended beyond such time limit is 
subject to disposition under the Federal Property and Administrative 
Services Act of 1949, as amended (40 U.S.C. 552).
    25. It is prohibited to engage in any uses which are dependent 
upon, make contact with, or impact those public lands which make up the 
shoreline or bottom of Lake Havasu, without the proper written 
authorization or without having paid the appropriate amenity fees.

Supplementary Rules for the Parker Strip Recreation Management Area

    The preceding Lake Havasu Shoreline Area Supplementary Rules 1, 2, 
3, 4, 5, 6, 7, 8, 14, 15, 16, 17, 18, 20, 21, 23, and 25, also apply to 
the Parker Strip Recreation Management Area. In addition, the following 
rules apply to the Parker Strip Recreation Management Area:
    26. You must not park or operate vehicles in violation of posted 
restrictions.
    27. Disorderly conduct is prohibited.
    28. On BLM-managed campgrounds, no more than eight persons may 
occupy one campsite.
    29. The operation of off-highway vehicles within any concession or 
BLM-managed campground or facility is prohibited. This includes, but is 
not limited to, off-road only motorcycles, three to eight wheel all-
terrain vehicles, and those motor vehicles for which the primary 
manufactured purpose is for off-highway, rough terrain, or non-highway 
utility usage. This prohibited use applies to all off-highway vehicles 
on the California side of the Parker Strip Recreation Management Area 
that are not specifically registered, insured, or legal in the State of 
California for highway operation. This prohibition is in effect 
regardless of registration or highway operations laws of another state 
or foreign jurisdiction. This prohibited use also applies to all off-
highway vehicles on the Arizona side of the Parker Strip Recreation 
Management Area that are not specifically registered, insured, or legal 
for highway operation in the State of Arizona. This prohibition is in 
effect regardless of registration or highway operations laws of another 
state or foreign jurisdiction. Non-highway legal golf carts may be 
operated only within concession resorts and BLM-managed campgrounds and 
facilities. Operation of an off-highway vehicle or golf cart upon any 
public highway or road, or the shoulders thereof, is prohibited. The 
operation of a golf cart by a person under 16 years of age is 
prohibited unless under the immediate and direct supervision of a 
person over 21 years of age.
    30. Camping within the Parker Strip Recreation Management Area is 
authorized at concession resorts, designated BLM campgrounds, or at 
least one-half mile from paved roads. Camping is prohibited in the 
parking or staging areas of the Copper Basin Dunes Off-Highway Vehicle 
Area and the Crossroads Off-Highway Vehicle Area. Dispersed camping 
between Parker Dam Road, the Whipple Mountains, and the adjacent 
Metropolitan Water District of Southern California lands is allowed 
only in connection with off-highway vehicle recreational activities. 
Camping activities may not interfere with active off-highway vehicle 
use in any manner.

Supplementary Rules for Craggy Wash

    1. You must maintain your campsite free of trash and litter.
    2. You must not operate a motor vehicle at a speed more than 15 
miles per hour.
    3. You must maintain quiet between the hours of 10 p.m. and 6 a.m. 
within hearing range of any other person or camp unit. You must not 
operate a generator during these hours.
    4. You must not collect firewood in this area, including any dead 
and down wood, or any other vegetative material.
    5. You must restrain a pet with a leash not longer than six (6) 
feet.
    6. You must not leave a pet unattended.
    7. You must not possess or discharge fireworks.
    8. You must not leave personal property unattended for more than 24 
hours.
    9. In the Craggy Wash area, camping is prohibited within one mile 
of the Lake Havasu City limits. Camping at Craggy Wash is limited to 14 
days.

Supplementary Rules for Swansea Townsite

    1. Taking any vehicle through, around, or beyond a restrictive 
sign, recognizable barricade, fence, or traffic control barrier is 
prohibited. Operation of a vehicle in a wash, off a roadway, or on an 
unsigned historic roadway is prohibited.
    2. Camping is permitted only at designated sites. Camping stay is 
limited to three days in any 30-day period.
    3. No wood collection is permitted within the Swansea Townsite, 
including but not limited to dead and down wood, live plants, and 
lumber from historic structures.
    4. No item may be collected or removed from the Swansea Townsite 
without the written permission of the Lake Havasu Field Office Manager. 
This includes but is not limited to old cans, nails, lumber, bricks, or 
glassware, whole or broken. The use of metal detectors without written 
permission is prohibited.
    5. Climbing, leaning, sitting, or walking on the remains of the 
walled structures at the Swansea Townsite inherently damages the 
structures, and is unsafe, and is therefore prohibited. No person shall 
enter into any fenced area, shaft, tunnel, or structure.
    6. Fires are allowed only at the designated sites and must be 
located in

[[Page 49016]]

the fire ring provided. Construction of new fire rings is prohibited.

Penalties

    The rules are in accordance with the provisions of Presidential 
Proclamation 7397, 66 FR 7354 (Jan. 22, 2001); 43 CFR 8341.2(a); and 43 
CFR 8364.1. On all public lands, under section 303(a) of the Federal 
Land Policy and Management Act of 1976 (FLPMA), 43 U.S.C. 1733(a), 43 
CFR 8360.0-7, any person who violates any of these rules may be tried 
before a United States Magistrate and fined no more than $1000.00 or 
imprisoned for not more than 12 months, or both. Such violations may 
also be subject to enhanced fines provided for by 18 U.S.C. 3571 (not 
to exceed $100,000.00 and/or imprisonment not to exceed 12 months).

Michael Taylor,
Acting State Director.
[FR Doc. E9-23247 Filed 9-24-09; 8:45 am]
BILLING CODE 4310-32-P


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