[Federal Register Volume 86, Number 113 (Tuesday, June 15, 2021)]
[Proposed Rules]
[Pages 31665-31668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12279]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 8365

[212.LLAZA01000.L1220000.DD0000]


Notice of Proposed Supplementary Rule for Public Lands at Virgin 
River Canyon Recreation Area in Mohave County, Arizona

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed supplementary rule.

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SUMMARY: The Bureau of Land Management (BLM) proposes to establish a 
supplementary rule reinstating a 14-day camping limit at the Virgin 
River Canyon Recreation Area within the Arizona Strip Field Office, 
Arizona Strip District, Mohave County, Arizona. The rule is needed to 
protect public health and safety, reduce user conflicts within the 
designated recreation area, and protect the area's natural resources.

DATES: Interested parties may submit comments to the BLM at one of the 
addresses below on or before August 16, 2021.

ADDRESSES: Comments concerning this notice should be addressed to the 
Bureau of Land Management, Attention: Amanda Sparks, BLM Arizona Strip 
Field Office, 345 East Riverside Drive, St George, AZ 84790, or email: 
<a href="/cdn-cgi/l/email-protection#d0b2bcbd8fb1aa8fb1a3b4bf8fb3bfbdbdb5bea4a390b2bcbdfeb7bfa6"><span class="__cf_email__" data-cfemail="85e7e9e8dae4ffdae4f6e1eadae6eae8e8e0ebf1f6c5e7e9e8abe2eaf3">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Amanda Sparks, Assistant Field 
Manager, Arizona Strip Field Office, at 435-688-3271 or by email at 
BLM_AZ_ASDO <a href="/cdn-cgi/l/email-protection#93d0fcfefef6fde7e0d3f1fffebdf4fce5"><span class="__cf_email__" data-cfemail="2f6c4042424a415b5c6f4d434201484059">[email protected]</span></a>. Persons who use a telecommunications 
device for the deaf (TDD) may call the Federal Relay Service (FRS) at 
1-800-877-8339 to contact the above individual. The FRS is available 24 
hours a day, seven days a week, to leave a message or question with the 
above individual. You will receive a reply during normal business 
hours.

SUPPLEMENTARY INFORMATION:

I. Background Information

    The BLM is proposing this supplementary rule under the authority of 
43 Code of Federal Regulations (CFR) 8365.1-6, which allows BLM State 
Directors to establish supplementary rules for the protection of 
persons, property, and public lands and resources. This provision 
allows the BLM to issue rules of less than national effect by 
publishing the rule in the Federal Register, without codifying it in 
the CFR. This proposed supplementary

[[Page 31666]]

rule applies to public lands managed by the Arizona Strip Field Office. 
You may contact the Arizona Strip Field Office (see ADDRESSES) for maps 
of the management area and boundary or to review the notice.

II. Public Comment Procedures

    Please submit your written comments on issues related to this 
proposed rule to Amanda Sparks at one of the addresses shown above (see 
ADDRESSES). Comments on the proposed rule should be specific, confined 
to issues pertinent to the rule, and explain the reason for any 
recommended change. The BLM is not obligated to consider, or include in 
the Administrative Record for the rule, comments delivered to an 
address other than those listed above (see ADDRESSES) or comments that 
the BLM receives after the close of the comment period (see DATES), 
unless they are postmarked or electronically dated before the deadline.
    Comments, including your name and address, will be available for 
public review upon request. Before including your address, phone 
number, email address, or other personal identifying information in 
your comment, you should be aware that your entire comment--including 
your personal identifying information--may be made publicly available 
at any time. While you can ask us in your comment to withhold your 
personal identifying information from public review, we cannot 
guarantee that we will be able to do so.

III. Discussion of Proposed Supplementary Rule

    On March 31, 1994, the BLM Arizona State Office established 
supplementary rules for the Virgin River Canyon Recreation Area (59 FR 
15214). The 1994 camping and occupancy rule exempted the Virgin River 
Canyon Recreation Area from the Arizona Strip District's 14-day camping 
limit that prohibits camping longer than 14 consecutive days within a 
28-day period and requires campers to move at least 30 air miles from a 
previously occupied camping location. The 1994 supplementary rule 
therefore allowed for unlimited overnight stays within the Virgin River 
Canyon Recreation Area.
    The proposed supplementary rule would revise the 1994 rule by 
reinstating the 14 consecutive day camping limit within a 28-day period 
on public land within the Virgin River Canyon Recreation Area, making 
it consistent with all other public lands within the Arizona Strip 
Field Office.
    No other changes to the 1994 supplementary rules are proposed and 
they will continue to be enforced as described in the 1994 notice. The 
reinstatement of a camping limit would help the BLM maintain public 
access for recreational purposes, reduce conflicts among visitors, and 
preserve public health and safety.
    This action is necessary because an increasing number of users of 
the Virgin River Canyon Recreation Area have established long-term 
residency under the pretext of recreational camping. Public concern 
about the effects of this long-term occupancy requires the BLM to 
address this issue. The proliferation of residential use interferes 
with legitimate recreational use of public lands and creates other 
health and safety concerns including hygiene and sanitation issues 
(i.e., no access to showers or waste dump stations; accumulation of 
miscellaneous equipment and housewares and the occasional long-term 
presence of dogs and their associated waste). In addition, this action 
would reduce damages to natural resources that occur from trash 
dumping, accumulation or abandonment of equipment or vehicles, loss of 
vegetation, and contamination of nearby waters.
    The proposed supplementary rule is consistent with the Arizona 
Strip Field Office Resource Management Plan (RMP), approved by the BLM 
(January 29, 2008). The BLM analyzed the proposed change in an 
environmental assessment (EA) (DOI-BLM-AZ-A010-2018-0030-EA) and issued 
a Finding of No Significant Impact (FONSI) and a Decision Record on 
February 6, 2019.
    The proposed supplementary rule applies to public lands at the 
Virgin River Canyon Recreation Area within sections 14 & 15 of Township 
41 North, Range 14 West of the Gila and Salt River Meridian. The EA was 
prepared to disclose and analyze potential impacts (positive or 
negative) associated with changing the 1994 supplementary rules by 
reinstating a 14-day stay limit within the recreation area campground. 
The BLM Arizona Strip Field Office conducted an 18-day public comment 
period during the preparation of the EA and received minimal public 
interest regarding reinstatement of the 14-day stay limit. The concerns 
that were raised by the public and agency partners focused on how long-
term occupancy detracted from the quality and safety of recreation at 
this popular recreation area near the communities of St. George, Utah 
and Mesquite, Nevada.
    Efforts to contain the problems associated with long-term occupancy 
without imposing a 14-day stay limit have proven insufficient, and 
concerns with public health and safety have intensified. The BLM is 
proposing this rule to: (1) Provide more opportunities for the 
recreating public to utilize the campground facilities and access the 
surrounding area; (2) have consistent camping limitations across the 
Arizona Strip Field Office; (3) manage the site for recreational 
purposes while preserving the health and safety of visitors; and (4) 
enable law enforcement personnel to cite persons for unlawful camping 
and use of public land for residential purposes, thereby increasing 
campsite availability to the recreating public. This notice, with 
detailed maps, will be available at the Arizona Strip Field Office for 
review.
    The BLM invites public comment on this proposed supplementary rule 
until August 16, 2021. The BLM will publish a final rule in the Federal 
Register that responds to any substantive comments received and 
explains how significant issues raised by those comments were resolved.

IV. Procedural Matters

Executive Order 12866 and 13563, Regulatory Planning and Review

    This proposed supplementary rule is not a significant regulatory 
action and is not subject to review by the Office of Management and 
Budget under Executive Order 12866 or 13563. The rule would not have an 
effect of $100 million or more on the economy. This rule would 
establish a duration for camping stays and would 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. This rule would not create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another agency. This rule does not alter the budgetary effects of 
entitlements, grants, user fees, or loan programs or the right or 
obligations of their recipients, nor does the rule raise novel legal or 
policy issues. This rule would enable law enforcement personnel to 
efficiently track occupancy and enforce regulations pertaining to 
unlawful occupancy in a manner consistent with current Arizona State 
and county laws, where appropriate on public lands.

Clarity of the Supplementary Rule

    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 the proposed supplementary rule easier to understand, 
including answers to questions such as the following:

[[Page 31667]]

    1. Are the requirements in this proposed supplementary rule clearly 
stated?
    2. Does this proposed supplementary rule contain technical language 
or jargon that interferes with its clarity?
    3. Does the format of this proposed supplementary rule (grouping 
and order of sections, use of headings, paragraphing, etc.) aid or 
reduce its clarity?
    4. Would this proposed supplementary rule be easier to understand 
if it was divided into more (but shorter) sections?
    5. Is the description of this proposed supplementary rule in the 
SUPPLEMENTARY INFORMATION section of this preamble helpful to your 
understanding of the proposed supplementary rule? How could this 
description be more helpful in making the proposed supplementary rule 
easier to understand?
    Please send any comments you have on the clarity of the rule to one 
of the addresses specified in the ADDRESSES section.

National Environmental Policy Act

    The BLM prepared an EA and found that this proposed supplementary 
rule does not constitute a major Federal action significantly affecting 
the quality of the human environment under Section 102(2)(C) of the 
National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4332(2)(C). 
The BLM completed the EA to analyze the change in the stay limit in the 
Virgin River Canyon Recreation Area. The Decision Record for this EA 
was signed on February 6, 2019. The BLM has placed the EA and the FONSI 
on file in the BLM Administrative Record at the Arizona Strip Field 
Office address specified in the ADDRESSES section.

Regulatory Flexibility Act (RFA)

    Congress enacted the Regulatory Flexibility Act of 1980, as 
amended, 5 U.S.C. 601, et seq., to ensure that Government regulations 
do not unnecessarily or disproportionately burden small entities. The 
RFA requires a regulatory flexibility analysis if a rule has a 
significant economic impact, either detrimental or beneficial, on a 
substantial number of small entities. This proposed supplementary rule 
does not pertain specifically to commercial or governmental entities of 
any size, but contains a rule to limit the duration of overnight 
camping on public lands within the Virgin River Canyon Recreation Area 
on the Arizona Strip Field Office. Therefore, the BLM has determined, 
under the RFA, that this proposed supplementary rule does not have a 
significant economic impact on a substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This proposed supplementary rule does not constitute ``major 
rules'' as defined at 5 U.S.C. 804(2). This proposed supplementary rule 
would establish a 14-day stay limit on overnight camping during a 28-
day period and within 30 air miles on lands within the Virgin River 
Canyon Recreation Area. The limitation is necessary to: (1) Provide 
more opportunities for the recreating public to utilize the campground 
facilities and access the surrounding area; (2) Have consistent camping 
limitations across the Arizona Strip Field Office; (3) Manage the site 
for recreational purposes while preserving the health and safety of 
visitors; and (4) Enable law enforcement personnel to cite persons for 
unlawful camping and use of public land for residential purposes. This 
proposed supplementary rule would have no effect on business, 
commercial, or industrial use of the public lands.

Unfunded Mandates Reform Act

    This proposed supplementary rule does not impose an unfunded 
mandate on state, local, or tribal governments or the private sector of 
more than $100 million per year, nor does the proposed supplementary 
rule have a significant or unique effect on state, local, or tribal 
governments or the private sector. The proposed supplementary rule does 
not require anything of state, local, or tribal governments. Therefore, 
the BLM is not required to prepare a statement containing the 
information required by the Unfunded Mandates Reform Act (2 U.S.C. 
1531, et seq.).

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

    This proposed supplementary rule does not represent a Government 
action capable of interfering with constitutionally protected property 
rights. The proposed supplementary rule does not address property 
rights in any form and does not cause the impairment of anyone's 
property rights. Therefore, the BLM has determined that this proposed 
supplementary rule does not cause a taking of private property or 
require further discussion of takings implications under this Executive 
Order.

Executive Order 13132, Federalism

    This proposed supplementary rule would not have a substantial, 
direct effect on the states, on the relationship between the Federal 
Government and the states, or on the distribution of power and 
responsibilities among the various levels of government. This proposed 
supplementary rule applies in only one state, Arizona, and does not 
address jurisdictional issues involving the Arizona State government. 
Therefore, in accordance with Executive Order 13132, the BLM has 
determined that this proposed supplementary rule does not have 
sufficient Federalism implications to warrant preparation of a 
Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the BLM has determined that this 
proposed supplementary rule would not unduly burden the judicial system 
and that the rule meets 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 Executive Order 13175, the BLM has found this 
proposed supplementary rule does not include policies that have tribal 
implications and would have no bearing on trust lands or on lands for 
which title is held in fee status by Indian tribes or U.S. Government-
owned lands managed by the Bureau of Indian Affairs. Since this 
proposed supplementary rule does not change BLM policy and does not 
involve Indian reservation lands or resources, the BLM has determined 
that the government-to-government relationships remain unaffected. This 
proposed supplementary rule would only prohibit camping longer than 14 
days in any 28-day period and within 30 air miles of the Virgin River 
Canyon Recreation Area on public lands managed by the BLM Arizona Strip 
Field Office.

Executive Order 13352, Facilitation of Cooperative Conservation

    Under Executive Order 13352, the Arizona State Office of the BLM 
has determined that this proposed supplementary rule would not impede 
the facilitation of cooperative conservation. This proposed 
supplementary rule would take appropriate account of and consider the 
interests of persons with ownership or other legally recognized 
interests in land or other natural resources; properly accommodate 
local participation in the Federal decision-making process; and provide 
that the programs, projects, and activities are consistent with 
protecting public health and safety.

[[Page 31668]]

Information Quality Act

    In developing this proposed supplementary rule, the BLM did not 
conduct or use a study, experiment, or survey requiring peer review 
under the Information Quality Act (Section 515 of Pub. L. 106-554).

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

    This proposed supplementary rule does not constitute a 
``significant energy action,'' as defined in Executive Order 13211. 
This proposed supplementary rule would not have an adverse effect on 
energy supplies, production, or consumption. The rule only addresses 
unauthorized occupancy on public lands and has no connection with 
energy policy.

Paperwork Reduction Act

    This proposed supplementary rule does not contain information 
collection requirements that the Office of Management and Budget must 
approve under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3521.

Notice of Proposed Supplementary Rule

Author

    The principal author of this proposed supplementary rule is Jon 
Jasper, Outdoor Recreation Planner, Arizona Strip Field Office, Bureau 
of Land Management.
    For the reasons stated in the preamble, and under the authority of 
43 CFR 8365.1-6 and 43 U.S.C. 1740, the Arizona State Director proposes 
to establish the following supplementary rule for public lands managed 
by the BLM in Mohave County, Arizona, subject to the Arizona Strip 
Field Office Resource Management Plan, to read as follows:

Definitions

    Camp means erecting a tent or shelter of natural or synthetic 
material; preparing a sleeping bag or other bedding material; parking a 
motor vehicle, motor home, or trailer, or mooring a vessel for the 
apparent purpose of overnight occupancy.

Prohibited Acts

    Unless otherwise authorized, the BLM will enforce the following 
rule on public lands within the Virgin River Canyon Recreation Area, 
within the Arizona Strip Field Office, Arizona Strip District, Arizona;

Camping and Occupancy

    1. You must not remain or camp within the Virgin River Canyon 
Recreation Area for more than 14 consecutive days in a 28-day period.
    2. After the 14th consecutive day, campers must move beyond a 30-
mile radius from the boundary of the Virgin River Canyon Recreation 
Area.

Exemptions

    The following persons are exempt from this rule: Any Federal, 
State, local, and/or military employee acting within the scope of their 
official duties; members of any organized rescue or firefighting force 
in performance of an official duty; and any person authorized, in 
writing, by the BLM authorized officer.

Penalties

    Any person who violates this rule may be tried before a United 
States Magistrate and fined in accordance with 18 U.S.C. 3571, 
imprisoned no more than 12 months under 43 U.S.C. 8365.1-7, or both. In 
accordance with 43 CFR 8365.1-7, State or local officials may also 
impose penalties for violations of Arizona law.

Raymond Suazo,
Bureau of Land Management, State Director, Arizona.
[FR Doc. 2021-12279 Filed 6-14-21; 8:45 am]
BILLING CODE 4310-32-P


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