27680 Federal Register / Vol. 66, No. 97 / Friday, May 18, 2001 / Notices

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.

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:

• 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.

• 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.

• 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,

Federal Register / Vol. 66, No. 97 / Friday, May 18, 2001 / Notices 27681

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.

27682 Federal Register / Vol. 66, No. 97 / Friday, May 18, 2001 / Notices

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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management/National

Park Service

[NM–930–01–1050–DS–005G]

Notice of Intent To Prepare a

Comprehensive Management Plan,

Including Possible Resource

Management Plan Amendments for the

El Camino Real de Tierra Adentro

National Historic Trail; New Mexico

and Texas

AGENCY: Bureau of Land Management,

National Park Service, Interior.

ACTION: Notice of intent to prepare a

Comprehensive Management Plan,

including possible Resource

Management Plan Amendments and an

invitation to the public to participate in

the planning process.

SUMMARY: Pursuant to the National

Trails System Act, as amended (Pub. L.

90–543), the National Park Service

(NPS) and the Bureau of Land

Management (BLM) are initiating

preparation of a Comprehensive

Management Plan (CMP) for the El

Camino Real de Tierra Adentro National

Historic Trail in New Mexico and Texas.

The trail passes through four BLM Field

Office administrative areas with five

existing Resource Management Plans

(RMPs) and there may be a need to

amend one or more of these Plans. The

RMPs that have the possibility of being

amended are: (1) Taos RMP, (2) Rio

Puerco RMP, (3) Socorro RMP, (4) White

Sands RMP, and (5) Mimbres RMP.

The public is invited to participate in

each stage of the planning process, and

public meetings will be held. The initial

scoping meetings will occur at 6:30 p.m.

at the following locations: Alcalde, New

Mexico (On ̃ ate Visitor Center, State

Road 68,)—June 25, 2001; Santa Fe,

New Mexico (Genoveva Chavez

Community Center, 3221 Rodeo Road)—

June 28, 2001; Albuquerque, New

Mexico (National Hispanic Cultural

Center of New Mexico, 1701 Fourth

Street, N.W.)—June 22, 2001; Socorro,

New Mexico (Holiday Inn Express, 1100

California Avenue)—June 19, 2001;

Truth or Consequences, New Mexico (T

or C Civic Center, 505 Sims Street)—

June 18, 2001; Las Cruces, New Mexico

(Farm and Ranch Heritage Museum,

Dripping Springs Road)—June 13, 2001;

El Paso, Texas (Chamizal National

Memorial, 800 S. San Marcial)—June 14,

2001.

DATES: Written comments relating to the

planning process will be accepted on or

before July 16, 2001, and should be

addressed to Harry Myers at the address

below.

FOR FURTHER INFORMATION CONTACT:

Harry Myers, National Park Service,

P.O. Box 728, Santa Fe, NM 87504–

0728, phone (505) 988–6717, fax (505)

986–5214 or Terry Humphrey, Bureau of

Land Management, 226 Cruz Alta Road,

Taos, NM 87571; phone (505) 758–8851,

fax (505) 758–1620.

SUPPLEMENTARY INFORMATION: The

National Park Service Long Distance

Trails Group Office—Santa Fe and the

Bureau of Land Management, New

Mexico State Office, are the lead offices

for preparation of the plan, and both are

responsible for administering the trail as

per agency agreement. They will

coordinate with the public, various

Federal agencies, tribal governments,

and local and state governments in the

plan’s development. Consultation will

be an important factor to the process

and should be an integral part of the

planning team’s efforts. Once an

advisory council has been formed as

required by section 5(d) of the National

Trails System Act, the study team will

work closely with that body.

The purpose of the Comprehensive

Management Plan will be to establish

the administrative objectives, policies,

processes, and management actions

needed to fulfill the preservation and

public use goals of the El Camino Real

de Tierra Adentro National Historic

Trial. It will be comprehensive in

nature, and will resolve or address

issues along the El Camino Real de

Tierra Adentro National Historic Trail

which are identified through agency,

interagency, and public scoping efforts.

The purpose of a National Historic

Trail is the identification and protection

of the historic route and its historic

remnants and artifacts for public use

and enjoyment. National Historic Trails

are extended trails that follow as closely

as possible and practicable original

routes of travel that are historically

significant. The designation of such

trails or routes is to be continuous, but

the established or developed trails are

not necessarily continuous land areas;

they may include portions or sections of

land areas, land and water segments, or

other specific sites.

Existing trail segments already in

Federal ownership will become the

initial components of the National Trail.

Other trail segments could be developed