[Federal Register Volume 63, Number 126 (Wednesday, July 1, 1998)]
[Notices]
[Pages 35942-35943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16993]
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DEPARTMENT OF INTERIOR
Bureau of Land Management
[CA-018-1220-00]
Recreation Management Restrictions; California, South Yuba River,
Hoyt's Crossing; Supplementary Rules
AGENCY: Bureau of Land Management, Interior.
ACTION: Final Supplementary Rules.
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SUMMARY: The Bureau of Land management establishes supplementary rules
for the management of recreational uses on public lands adjacent to the
South Yuba River at Hoyt's Crossing. This action is necessary to limit
adverse impacts to public lands while longterm planning for the South
Yuba River is underway. The California State Parks and the County of
Nevada urges the BLM to enact restrictions in the Hoyt's Crossing area
to reduce ongoing problems. These Supplementary Rules will protect the
resources and the recreational experience until planning is completed.
EFFECTIVE DATE: July 1, 1998.
FOR FURTHER INFORMATION:
Questions on the Final Rules can be directed to Deane Swickard, Field
Manager, Folsom Field Office, 63 Natoma Street, Folsom, CA 95630, 916-
985-4474.
SUPPLEMENTARY INFORMATION: These Supplementary Rules were published as
Proposed Supplementary Rules in the Federal Register, April 20, 1998,
63 FR 19508-19509. No changes were made from the Proposed Supplementary
Rules to the Final Supplementary Rules. Written comments were received
from one organization and two individuals. No new information was
revealed and the comments suggested ``status quo'' as an alternative
plan.
One comment suggested that the BLM wait until a Management Plan is
completed before rules are established. The Nevada County Department of
Health requested the area be closed to camping due to health hazards
associated with the improper disposal of human waste. A long range plan
is needed but an immediate action is necessary to deal with existing
health hazards and other recourse issues.
Two comments states there are too few camping areas along the South
Yuba River due to topography. BLM agrees that the terrain limits the
available locations suitable for camping. Two comments states that the
ban on camping on State Park property has reinforced the need for
camping opportunities at Hoyt's Crossing. the California State Parks
must manage their land within mandates set forth by the California
legislature. The BLM must manage public land within mandates set forth
by Congress in the Federal Land Policy and Management Act plus other
Federal laws. While it is the BLM's policy to allow and encourage
dispersed camping in most locations, our responsibilities require us to
impose restrictions in some areas. Hoyt's Crossing is one of these
areas. BLM has a signed cooperative agreement with California State
Parks and Recreation to manage the Federal lands within the South Yuba
Recreation Area in harmony with the goals of the State Park.
Two comments stated that there is too much area dedicated to day
use (State Park and BLM). BLM feels that the vast majority of
recreational demand is for day use activities.
Two comments said that regulations degrade the recreational
experience. True, a regulation will degrade a person's experience if
that person wishes to participate in an activity prohibited by
regulation.
Two comments asked where people would camp now. In the area of the
South Yuba River, there are the South Yuba Campground, Malokoff Diggins
State Park, and other dispersed areas around Illinois, Purdon, and
Edwards Crossing.
Two comments asked if BLM was forcing campers off the river. See
above paragraph.
Two comments asked if there would be additional restrictions along
the South Yuba River. It is impossible to predict at this time.
Two comments objected to the penalty amounts of violating the
Supplementary Rules. These penalties are set by Congress and not by
BLM.
One comment questioned if the BLM was targeting nude sunbathing and
gay individuals. Nothings in these rules directly affect these specific
groups.
One comment stated that the South Yuba River floods every year and
cleans this area. The BLM's position is not to allow trash, abandoned
property, or human feces to be swept away by the water.
Two comments suggested that there is no need for any protection at
Hoyt's Crossing. BLM must provide some degree of protection to all
public lands. The amount of protection would be directly related to
other factors, such as, amount of use, plant life, animal life, soils,
water quality, and Federal mandates.
One comment suggested that we leave Hoyt's Crossing ``as is''.
Explained previously.
One comment stated that BLM should construct campsites, fire rings,
and toilets. BLM will not construct facilities until the long range
planning is completed.
One comment asked what gave BLM the right to decide these issues.
BLM is directed by Congress through the Federal Land Policy and
Management Act of 1976 and other Federal laws to make land management
decisions.
One comment suggested that the boundary between BLM, State Parks,
and private property is impossible to locate. BLM plans to mark
boundaries.
One comment said any signs would destroy the recreational
experience. BLM will install the minimum signs needed to inform the
public.
One comment said the BLM is making criminals out of citizens
because of bureaucratic rules. Congress has decided that there will be
sanctions for willfully violating laws and regulations.
One comment suggested there were too many rules already. BLM is
mandated to enforce existing laws and regulations and enact new
regulations to provide for proper land management.
One comment said these rules were restricting access to public
lands. Access to Public Land remains intact.
Supplementary Rules
BLM adopts the following supplementary rules which will be
[[Page 35943]]
applicable on public land within sections 28 and 34, Township 17 North,
Range 8 East of the Mt. Diablo meridian. BLM's authority to for issuing
supplementary rules is contained in 43 CFR 8365.1-6.
(a) No person shall camp. The term camp is defined as the use,
construction, or taking possession of public lands using tents, shacks,
lean-tos, tarps, vehicles, huts, blankets, or sleeping bags.
(b) No person shall build, attend, maintain, or use a campfire. The
term campfire is defined as a controlled fire occurring out of doors
used for cooking, branding, personal warmth, lighting, ceremonial, or
esthetic purposes.
(c) No person shall possess or consume alcoholic beverages. The
term alcoholic beverages is defined as beer, wine, distilled spirits,
or any other beverage defined as such by California law.
(d) No person shall possess any bottle or container made of glass.
(e) Any person who fails to comply with these Supplementary Rules
will be subject to a fine of up to 100,000 dollars and/or imprisoned
not to exceed 12 months. These penalties are specified by 43 U.S.C. 303
and 18 U.S.C. 3623. Federal, state, and local law enforcement personnel
and emergency service personnel, while performing official duties, are
exempt from these Supplementary Rules.
D.K. Swickard,
Field Manager.
[FR Doc. 98-16993 Filed 6-30-98; 8:45 am]
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