49010 Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Notices 

produce about 5,750 BPSD of diesel 

fuel, 6,770 BPSD of gasoline, and 300 

BPSD of propane. 

The FEIS analyzes potential 

environmental effects of two Federal 

agency decisions: (1) Whether BIA 

should accept lands into trust in 

support of the MHA Nation’s proposal 

to construct and operate a clean fuels 

refinery and produce buffalo forage; and 

(2) whether EPA should issue a Clean 

Water Act NPDES permit for the process 

water discharges associated with the 

operation of the proposed refinery. The 

FEIS has identified the Agencies’ 

preferred alternatives. BIA and EPA will 

be making their decisions in separate 

Records of Decision (RODs), which will 

be issued after the 30-day wait period 

on the FEIS. The MHA Nation will be 

deciding whether to build and operate 

the refinery. 

BIA has identified its preferred 

alternative as Alternative 3. In this 

alternative, BIA would not place the 

land into trust status and the refinery 

could be constructed by the Tribes. If 

the proposed refinery is constructed, 

EPA has identified Alternative A, 

issuance of an NPDES permit for 

effluent discharges associated with the 

refinery as its preferred water discharge 

alternative. EPA and BIA recommend 

that the design of the refinery, if 

constructed, be modified consistent 

with Alternative 4. 

Public Availability of the FEIS 

The FEIS is available on the Web at: 

http://www.epa.gov/region8/ 

compliance/nepa. 

Hard copies of the document are 

available for review for public review at 

the following locations: 

—Bureau of Indian Affairs, Great Plains 

Regional Office, 115 4th Avenue, SE., 

Aberdeen, SD. 

—Bureau of Indian Affairs, Fort 

Berthold Agency, 202 Main Street, 

New Town, ND. 

—EPA Region 8 Library, 1595 Wynkoop 

Street, Denver, CO. 

—Three Affiliated Tribes Governmental 

Offices, 404 Frontage Road, New 

Town, ND 

—Each of the MHA Nation’s Segment 

Offices: Four Bears (Tribal Gov. 

Center), Mandaree, Shell Creek (New 

Town), Lucky Mound (Parshall), Twin 

Buttes, and White Shield, and 

—Rensch garage in Makoti, ND. 

Authority 

This notice is published in 

accordance with section 1506.10 of the 

Council on Environmental Quality 

Regulations (40 CFR parts 1500 through 

1508) implementing the procedural 

requirements of the National 

Environmental Policy Act of 1969, as 

amended (42 U.S.C. 4321 et seq.), and 

related Department of the Interior 

requirements in the Department of the 

Interior Manual (516 DM 1–6), and is in 

exercise of authority delegated to the 

Principal Deputy Assistant Secretary— 

Indian Affairs by 209 DM 8. 

Dated: September 22, 2009. 

Larry Echo Hawk, 

Assistant Secretary—Indian Affairs. 

[FR Doc. E9–23342 Filed 9–24–09; 8:45 am] 

BILLING CODE 4310–W7–P 

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. 

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 

Lake_Havasu@blm.gov. 

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 

Mike_Henderson@blm.gov or 

Michael_Dodson@blm.gov. 

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 


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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 BLMmanaged campgrounds,’’ and it is 

unnecessary to include an additional 

exclusion that it does not apply to 

concession-managed resorts. BLMmanaged 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 offhighway 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 offhighway 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 


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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. Offhighway vehicles can be transported to 

the riding area by using a legal method 

initially employed to bring the offhighway 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). 


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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 (N1⁄2), Sec. 3 

(N1⁄2), Sec. 2 (N1⁄2). 

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, W1⁄2 SW1⁄4; Sec. 

29, S1⁄2; Sec. 32, N1⁄2; Sec. 33, W1⁄2

NW1⁄4. 

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 


jlentini on DSKJ8SOYB1PROD with NOTICES
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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 onequarter 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 OffHighway 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 offhighway vehicle free-play or crosscountry 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 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Notices 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 BLMmanaged 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 nonhighway 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 offhighway 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. Nonhighway 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 


jlentini on DSKJ8SOYB1PROD with NOTICES
49016 Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Notices 

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 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R9–IA–2009–N200] [96300–1671– 

0000–P5] 

Issuance of Permits 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of issuance of permits. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), have issued 

the following permits to conduct certain 

activities with endangered species or 

marine mammals. 

ADDRESSES: Documents and other 

information submitted with these 

applications are available for review, 

subject to the requirements of the 

Privacy Act and Freedom of Information 

Act, by any party who submits a written 

request for a copy of such documents to: 

U.S. Fish and Wildlife Service, Division 

of Management Authority, 4401 North 

Fairfax Drive, Room 212, Arlington, 

Virginia 22203; fax 703/358-2281. 

FOR FURTHER INFORMATION CONTACT: 

Division of Management Authority, 

telephone 703/358-2104. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that on the dates below, as 

authorized by the provisions of the 

Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.), and/ 

or the Marine Mammal Protection Act of 

1972 (MMPA), as amended (16 U.S.C. 

1361 et seq.), the Service issued the 

requested permits subject to certain 

conditions set forth therein. For each 

permit for an endangered species, the 

Service found that (1) the application 

was filed in good faith, (2) the granted 

permit would not operate to the 

disadvantage of the endangered species, 

and (3) the granted permit would be 

consistent with the purposes and policy 

set forth in Section 2 of the Endangered 

Species Act of 1973, as amended. 

ENDANGERED SPECIES

Permit number Applicant Receipt of application Federal Register notice Permit issuance date 

207589 and 

223466 

Victoria E. Wobber, Harvard

University, Dept. of Anthropology 

74 FR 32192; July 7, 2009 (both permits were

published in one notice for PRT–207589) 

September 3, 2009 

201169 Saint Louis Zoo 74 FR 28523; June 16, 2009 August 6, 2009 

210155 Henry Doorly Zoo 74 FR 21816; May 11, 2009 September 1, 2009 

211300 William P. Weedon 74 FR 28523, June 16, 2009 August 7, 2009 

211307 Thomas H. Blue 74 FR 32192; July 7, 2009 August 13, 2009 

211337 Arlan M. Buckmeier 74 FR 32192; July 7, 2009 August 13, 2009 

211919 Michael C. Higgins 74 FR 37240; July 28, 2009 August 28, 2009 

212751 Sassan K. Moghadam 74 FR 37240; July 28, 2009 September 8, 2009 

217668 Wayne M. Pourciau 74 FR 32192; July 7, 2009 August 13, 2009 

219947 Eric L. Nysse 74 FR 40230; August 11, 2009 September 10, 2009 

MARINE MAMMALS

Permit number Applicant Receipt of application Federal Register notice Permit issuance date 

801652 U.S. Geological Survey 74 FR 47821; September 17, 2009 September 18, 2009 

On September 18, 2009, the Service 

issued an amendment to a permit (PRT801652) to the U.S. Geological Survey, 

to increase the number of walruses 

(Odobenus rosmarus) that may be 

incidentally harassed by the already 

authorized activities for the purpose of 

scientific research. We issued the 

amendment to the permit prior to the 

close of the public comment period 

because we found that delaying the 

issuance of the permit would result in 

the loss of a unique research 

opportunity that is present at this time. 

This action was authorized under 

section 104(c)(3)(A) of the MMPA. We 

will continue to accept and consider all 

comments regarding the amendment 

request through the close of the 

comment period as published in the 

September 17, 2009, receipt of 

application Federal Register notice (FR 

74 FR 47821). 

Dated: September 18, 2009 

Lisa J. Lierheimer, 

Senior Permit Biologist, Branch of Permits, 

Division of Management Authority. 

[FR Doc. E9–23192 Filed 9–24–09; 8:45 am] 

BILLING CODE 4310–55–S 


jlentini on DSKJ8SOYB1PROD with NOTICES