Recreation Management Restrictions; California, South Yuba River, Hoyt's Crossing; Supplementary Rules

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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