[Federal Register Volume 66, Number 97 (Friday, May 18, 2001)]
[Notices]
[Pages 27680-27682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12514]



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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CA-330-1220-AF]


King Range National Conservation Area, California

AGENCY: Bureu of Land Management, Interior.

ACTION: Establishment of supplementary rules.

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SUMMARY: The Arcata Field Office is establishing the following 
Supplementary Rules for the King Range National Conservation Area as 
provided for under the recreation regulations of the Bureau of Land 
Management (BLM). The supplementary rules on camping limits are 
necessary to reduce resource damage and fire danger in the riparian 
area, dunes, and other undeveloped lands. The supplementary rules on 
camping fees are needed to cover a portion of maintenance and visitor 
service costs. The supplementary rule on nighttime parking is necessary 
to allow visitors to Black Sands Beach and other parts of the King 
Range backcountry to park if they arrive at night, while prohibiting 
nighttime activities that would disturb neighbors.

EFFECTIVE DATES: April 1, 2001.

ADDRESSES: You may send inquiries or suggestions to Field Office 
Manager, Bureau of Land Management, Arcata Field Office, 1695 Heindon 
Rd., Arcata, CA 95521.

FOR FURTHER INFORMATION CONTACT: Lynda J. Roush, (707) 825-2300.

SUPPLEMENTARY INFORMATION:

I. Background

    The proposed Supplementary Rules were published in the Federal 
Register on May 25, 2000, with a 30-day comment period ending on June 
26, 2000. BLM received 30 comments during this comment period.
    Supplementary rules are authorized by 43 CFR 8365.1-6. The 
implementation of fees is authorized under the Land and Water 
Conservation Fund Act of 1965 as Amended, and the Omnibus Consolidated 
Rescissions Act of 1996 as Amended (Public Law 104-134).

II. Response to Public Comments

    Based on the public comments and other information we received, BLM 
makes the following changes in the supplementary rules:
    <bullet> We removed the proposed overnight parking fees for the 
Mattole and Black Sands Beach Recreation Sites. We will consider the 
need for parking fees at a later date.
    <bullet> We clarified the description of the Black Sands Beach 
Recreation Site. The nighttime use requirements apply only to the 
immediate area within the developed site, not to the beach itself.
    <bullet> We changed the nighttime camping fee periods for Honeydew 
Creek and Mattole Campground. Under the final Supplementary Rules you 
must pay a fee at Honeydew Creek for the period from sunset until 8 
a.m. We made this change in order to be consistent with all other 
campgrounds in the King Range. We changed the nighttime fee period for 
Mattole Campground to one hour after sunset until one hour before 
sunrise. Note that these changes do not affect free public access to 
Honeydew Creek or Mattole Beach, but only pertain to overnight use of 
the developed campground.

III. Discussion of the Final Supplementary Rules

A. Camping at Mattole Campground

    Currently visitors camp in areas between sites or in undeveloped 
areas immediately adjacent to the Mattole Campground. BLM intends the 
restriction of camping to developed campsites and the imposition of 
site capacity limits to reduce resource damage and fire danger the 
riparian area, dunes, and other undeveloped lands surrounding the 
Mattole Campground. This supplementary rule is also intended to provide 
a high quality experience to campground visitors by ensuring that the 
site is used for its intended purpose and capacity.

B. Camping Fees and Occupancy Limits

    We have established camping fees at Honeydew Creek and Mattole 
Campgrounds to cover a portion of the maintenance and visitor service 
costs. BLM manages both sites under the Federal Fee Demonstration 
Program. This program requires that all fees be used for on-the-ground 
maintenance and services at the sites where they are collected. We have 
set the fees at a level commensurate with fees charged at other public 
and private camping areas in the region, adjusted for the level of 
amenities and on-site facilities we provide.
    BLM has established occupancy limits to help provide a quality 
experience to campground visitors by ensuring that the sites are used 
for their intended purpose and capacity by families and small groups.

C. Nighttime Use of Black Sands Beach Recreation Site

    Winter storms washed away the original Black Sands Beach Recreation 
Site, and BLM closed it in 1998. We closed this site to overnight use 
and camping beginning May 20, 1997 (FR Volume 62, Number 100, page 
28495-28496), because coastal erosion made the site too small to 
accommodate camping and parking. This original site was separated from 
adjoining residences by a 75-foot coastal bluff that blocked both 
visual and sound impacts. A new site (planned for completion in autumn 
2000) is under construction on top of the bluffs and immediately 
adjacent to private residences. BLM has designed the site to 
accommodate 2 types of use while protecting the privacy of adjoining 
residents. First, the site will serve as a day-use facility/beach 
access point, offering on-site amenities such as parking, a restroom, 
scenic overlooks, and interpretive signs. The opportunities we provide 
here will complement other BLM-managed coastal sites such as Abalone 
Point and Seal Rock, which are also adjacent to residences. All of 
these sites are open to day-use only, to minimize impacts on adjoining 
residents. In addition, the Black Sands Beach Recreation Sites serves 
as a major staging area for visitors heading onto the beach for 
overnight camping, backpacking, surfing, and other longer-term 
activities. Many of these visitors travel from long distances and may 
arrive or depart during the nighttime period. This rule allows 
nighttime access to the parking lot for visitors who are heading onto 
Black Sands Beach and other parts of the King Range backcountry, while 
prohibiting use of the site itself for nighttime activities.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These supplementary rules are not a significant regulatory action 
and are not subject to review by Office of Management and Budget under 
Executive Order 12866. These supplementary rules will not have an 
effect of $100 million or more on the economy. They will not affect 
commercial activity, but contain rules of conduct for public use of 
certain recreational areas. 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. These supplementary rules will not create a 
serious inconsistency or otherwise interfere with an action taken or 
planned by another agency. The supplementary rules do not alter the 
budgetary effects of entitlements, grants,

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user fees, or loan programs or the right or obligations of their 
recipients; nor do they raise novel legal or policy issues.

Clarity of the Supplementary Rules

    Executive Order 12866 requires each agency to write regulations 
that are simple and easy to understand. We invite 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 the supplementary rules? How could this description be 
more helpful in making the supplementary rules easier to understand?
    Please send any comments you have on the clarity of the 
supplementary rules to the address specified in the ADDRESSES section.

National Environmental Policy Act

    BLM has prepared an environmental assessment (EA) and has found 
that the supplementary rules do not constitute a major Federal action 
significantly affecting the quality of the human environment under 
section 102(2)(C) of the Environmental Protection Act of 1969 (NEPA), 
42 U.S.C. 4332(2)(C). The supplementary rules merely contain rules of 
conduct for certain recreational lands in California. These rules are 
designed to protect the environment and the public health and safety. A 
detailed statement under NEPA is not required. BLM has placed the EA 
and the Finding of No Significant Impact (FONSI) on file in the BLM 
Administrative Record at the address specified in the ADDRESSES 
section. BLM invites the public to review these documents.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act of 1980, as 
amended, 5 U.S.C. 601-612, to ensure that Government regulations do not 
unnecessarily or disproportionately burden small entities. The RFA 
requires a regulatory flexibility analysis if a rule would have a 
significant economic impact, either detrimental or beneficial, on a 
substantial number of small entities. The supplementary rules do not 
pertain specifically to commercial or government entities of any size, 
but to public recreational use of specific public lands. Therefore, BLM 
has determined under the RFA that these supplementary rules would not 
have a significant economic impact on a substantial number of small 
entities.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    These supplementary rules do not constitute a ``major rule'' as 
defined at 5 U.S.C. 804(2). Again, the supplementary rules merely 
contain rules of conduct for recreational use of certain public lands. 
The supplementary rules have no effect on business--commercial or 
industrial--use of the public lands.

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; nor do these supplementary rules have a 
significant or unique effect on State, local, or tribal governments or 
the private sector. The supplementary rules do not require anything of 
State, local, or tribal governments. Therefore, BLM is not required to 
prepare a statement containing the information required by the Unfunded 
Mandates Reform Act (2 U.S.C. 1531 et seq.)

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

    The supplementary rules do not represent a government action 
capable of interfering with constitutionally protected property rights. 
The supplementary rules do not address property rights in any form, and 
do not cause the impairment of anyone's property rights. In part, the 
rules are intended to protect the property rights of neighboring 
landowners by restricting the nighttime use of the Black Sands Beach 
Parking Area/Recreation Site. Therefore, the Department of the Interior 
has determined that the supplementary rules will not cause a taking of 
private property or require further discussion of takings implications 
under this Executive Order.

Executive Order 13132, Federalism

    The 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. The supplementary rules affect land 
in only one State, California, and do not address jurisdictional issues 
involving the State government. Therefore, in accordance with Executive 
Order 13132, 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

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

Paperwork Reduction Act

    These supplementary rules do not contain information collection 
requirements that the Office of Management and Budget must approve 
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

Author

    The principal author of these supplementary rules is Robert Wick, 
Outdoor Recreation Planner, of the Arcata Field Office, Bureau of Land 
Management, Department of the Interior.
    For the reasons stated in the Preamble, and under the authority of 
43 CFR chapter II, part 8360, section 8365.1-6, the Arcata Field Office 
Manager establishes supplemental rules to read as follows:

Supplementary Rules for the King Range National Conservation Area

Section 1  Camping Limits at Mattole Campground

    BLM-administered public lands within 500 feet of the perimeter of 
the Mattole Campground are closed to camping (overnight occupancy) 
other than at developed campsites. For the purposes of this 
supplementary rule, a developed campsite contains both a picnic table 
and a permanent fire ring/grill.

Section 2  Overnight Camping Fees and Occupancy Limits for Mattole and 
Honeydew Creek Campgrounds

    a. You must pay a campground use fee of $5.00 per campsite per 
night at the Mattole and Honeydew Creek Campgrounds. Fees are only for 
use of the developed campgrounds. There is no fee for use of the 
adjacent parking lot/beach access at the Mattole Campground.

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    1. Fees for campground use at Mattole Campground are in effect from 
one hour after sunset to one hour before sunrise.
    2. Fees for campground use at the Honeydew Creek Campground are in 
effect from sunset to 8 a.m.
    b. You may occupy a campsite with no more than 2 vehicles and 8 
persons per site.

Section 3  Nighttime Use of Black Sands Beach Parking Area/Recreation 
Site

    a. The Black Sands Beach Parking Area/Recreation Site is closed to 
all overnight camping. The developed parking area/recreation site is 
intended for day use and vehicle parking for beach access. This 
developed recreation site includes approximately 5 acres of public 
lands and easements on the bluffs above the wave slope north of 
Humboldt Creek and south of Telegraph Creek. This supplementary rule 
affects the developed site only and does not pertain to nighttime use 
of the beach.
    b. Nighttime use is limited to vehicle parking and unloading for 
off-site public land visits. You may use the parking area/recreation 
site for no more than 30 minutes for unloading/loading purposes during 
the nighttime period. This supplementary rule does not affect day use.
    c. For the purpose of this supplementary rule, the nighttime period 
is defined as 1 hour after sunset to 1 hour before sunrise.

Section 4  Prohibited Acts

    You must not--
    a. Camp overnight at the Mattole Campground or within 500 feet of 
the campground perimeter other than at developed campsites;
    b. Fail to pay the campground use fee of $5.00 per campsite per 
night at the Mattole and Honeydew Creek Campgrounds;
    c. Occupy a campsite at the Mattole and Honeydew Creek Campgrounds 
with more than 2 vehicles or 8 persons per site; or
    d. Camp or engage in activities other than parking and unloading or 
loading at the Black Sands Beach Parking Area/Recreation Site during 
the nighttime hours.

Section 5  Penalties

    Under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1733(a)), is you knowingly and willfully violate or fail to comply with 
any of the supplementary rules provided in this notice, you may be 
subject to a fine under 18 U.S.C. 3571 or other penalties in accordance 
with 43 U.S.C. 1733.

Michael Pool,
California State Director.
[FR Doc. 01-12514 Filed 5-17-01; 8:45 am]
BILLING CODE 4310-40-M