Business Plan for The Lower Deschutes Wild & Scenic River 2021 - Bureau of Land ...
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REVIEWS, RECOMMENDATIONS, APPROVALS Developed by: Dru Johnson- Outdoor Recreation Planner, Heidi Mottl- Outdoor Recreation Planner, Anna Smith- Hydrologist, Cecilia Marella – Outdoor Recreation Planner, and Michael Millay – Outdoor Recreation Planner Recommended by: Kyle Hensley, Assistant Field Manager Date Reviewed By: Jeff Kitchens, Deschutes Field Manager Date Approved By: Dennis Teitzel, Prineville District Manager Date This business plan was prepared pursuant to the Federal Lands Recreation Enhancement Act (Public Law 108-447) and BLM recreation fee program policy. It establishes future management goals and priorities for the Lower Deschutes River recreation fee program in the Prineville District Office. 2|Page
United States Department of the Interior BUREAU OF LAND MANAGEMENT Deschutes Field Office 3050 NE 3rd Street Prineville, OR 977545 https://www.blm.gov/office/prineville-district-office In Reply Refer to: 2932 () Dear Reader, I would like to present for your review and comment the 2021 Amended Business Plan for the Lower Deschutes Wild & Scenic River. The Bureau of Land Management, Deschutes Field Office (BLM) manages river use permitting on the Lower Deschutes Wild & Scenic River (LDR). The LDR annually provides hundreds of thousands of visitors with outstanding recreational opportunities on their public lands. Of these visitors, a significant percentage are passengers on commercial river trips. The Business Plan for the Lower Deschutes Wild & Scenic River was originally presented for public comment and review from 2015-2017 at number of public meetings. The plan was also presented to the John Day/Snake Resource Advisory Council (RAC) for review and the panel approved the BLM moving forward with a formal public process to get input on the propose fee changes. After incorporating public comments, a final Business Plan will be presented to the RAC. Since beginning this process in 2015 the BLM determined that Recreation.gov was the best and most feasible option for Lower Deschutes online permitting system. This transition did not change permit availability and allocation (common pool) or refund policies. To allow for that transition and implementation, the BLM put on hold any further proposed changes to the Lower Deschutes Fee Structure. After allowing the new system to be implemented and several issues resolved, the BLM now feels it is the right time to continue moving forward with its proposed changes to the fee program. The primary goals of the Draft Business Plan for the Lower Deschutes Wild & Scenic River are to provide: • An overview of the current fee program including how funds are spent; and • Proposed changes in fee structures charged in the LDR corridor. The public comment period is established to give you the opportunity to submit comments on the proposed changes. Comments may be mailed to BLM, Deschutes Field Office, 3050 NE 3rd Street Prineville, OR 977545 or to BLM_OR_PR_LDR@blm.gov (please put “Draft Lower Deschutes Business Plan” in subject line). Comments are due by August 13th, 2021. Thank you for your interest in your public lands. Sincerely, Jeff Kitchens Deschutes Field Manager 3|Page
Contents A. Executive Summary ................................................................................................................................. 7 B. Authorities ................................................................................................................................................ 8 B.1 The Federal Land Policy and Management Act of 1976 ............................................................... 8 B.2 The Federal Lands Recreation Enhancement Act of 2004 ............................................................ 8 B.3 Code of Federal Regulations, Title 43, Part 2930 (43 CFR 2930), ................................................. 9 B.4 BLM Recreation Permit Administration Handbook (H-2930-1) .................................................... 9 B.5 1988 Omnibus Oregon Wild and Scenic Rivers Act of 1988 ......................................................... 9 B.5 1993 Lower Deschutes Wild & Scenic River Management Plan .................................................. 9 C. Background ........................................................................................................................................... 10 C.1 Area Description ......................................................................................................................... 10 C.1.1 Segment 1 ........................................................................................................................... 11 C.1.2 Segment 2 ........................................................................................................................... 11 C.1.3 Segment 3A and 3B ............................................................................................................. 11 C.1.4 Segment 4 ........................................................................................................................... 12 C.2 Visitor Demographics .................................................................................................................. 13 C.3 Recreation Site Descriptions ....................................................................................................... 13 C.3.1 Segment 1 Sites ................................................................................................................... 13 C.3.2 Segment 2 Sites ................................................................................................................... 13 C.3.3 Segment 3 Sites ................................................................................................................... 13 C.3.4 Segment 4 Sites ................................................................................................................... 13 C.3.5 Sites Adjacent to the wild and scenic river corridor ........................................................... 14 C.4 Operating Costs........................................................................................................................... 14 Contracts and Services ........................................................................................................................ 14 Supplies, Equipment, and Vehicles (Including Heavy Equipment) ..................................................... 14 Miscellaneous Operations .................................................................................................................. 14 Overhead and Indirect Expenses ........................................................................................................ 15 Oregon Parks and Recreation Department (OPRD) boater pass & BLM ISRP fees ............................. 15 C.5 Recreation Use ............................................................................................................................ 15 Segment 1: .......................................................................................................................................... 16 Segment 2: .......................................................................................................................................... 16 4|Page
Segment 3: .......................................................................................................................................... 16 Segment 4: .......................................................................................................................................... 17 D. Current Fee Program & Revenues ......................................................................................................... 18 D.1 Existing Fees ................................................................................................................................ 18 BLM Special Recreation Permit (SRP) Fees ......................................................................................... 19 BLM Standard amenity fees (campgrounds)....................................................................................... 19 D.2 Fee Revenues .............................................................................................................................. 19 D.3 Use and Spending of Fees Collected ........................................................................................... 20 D.4 Compliance, Enforcement, and Fee Collections ......................................................................... 20 E. Fee Amendments & Proposals ............................................................................................................... 20 E.1 Summary of Fees Being Amended .............................................................................................. 20 E.2 Summary of Fees Being Proposed .............................................................................................. 21 E.2 Comparable Fees......................................................................................................................... 21 Comparability with other agencies and similar Special Areas ............................................................ 22 Fairness and Equality among Users .................................................................................................... 22 E.3 Financial Analysis – Revenues, Costs, and Use of Fees ............................................................... 22 Proposed Changes to the Individual Special Recreation Permit Fees ................................................ 22 Proposed Campground Fee for Segments 1 and 4 ............................................................................. 23 E.4 Impact of Fee Changes ................................................................................................................ 23 Costs related to the Deschutes River Management Area ................................................................... 23 Effects of the Proposed Fee Change on Users .................................................................................... 24 Effects of the Proposed Fee Change on Low-Income Populations ..................................................... 24 Effects of the Proposed Fee Change on Local Communities .............................................................. 24 F. Outreach 25 F.1 Public and Stakeholder Participation .......................................................................................... 25 F.2 Public Comments – This section will be completed once the public comment period closes and all responses can be summarized. .......................................................................................................... 25 F.3 Visitor Feedback Mechanisms.................................................................................................... 25 Appendix 1: Summary of Lower Deschutes Recreation Sites .................................................................... 27 Segment 1 – Above Warm Springs to Harpham Flat ................................. Error! Bookmark not defined. Segment 2 – Harpham Flat to Sandy Beach ............................................... Error! Bookmark not defined. 5|Page
Segment 3A – Buckhollow to Pine Tree ..................................................... Error! Bookmark not defined. Segment 3 B – Pine Tree to Macks Canyon ............................................... Error! Bookmark not defined. Segment 4 – Macks Canyon to Heritage Landing (blue indicates state).... Error! Bookmark not defined. Appendix 2: Communications Plan ............................................................... Error! Bookmark not defined. 6|Page
A. Executive Summary This Business Plan has been prepared by the Bureau of Land Management, Deschutes Field Office (BLM) to inform the managing agencies of the Lower Deschutes Wild & Scenic River (LDR) as well as all other interested stakeholders, of the following: • An overview of the current fee program including how funds are spent; • Proposed changes in fee structures charged in the LDR corridor; and • A comparison of fees on the LDR (current and proposed) with other similar rivers/recreational features in the geographic area. Currently, the BLM collects special recreation permit fees (SRPs) campground fees (group and individual site use), and individual special recreation permit (ISRP) fees, often referred to as boater passes, for use of the LDR special use area. Per the BLM’s 2930 Handbook: ISRPs may be required for individual (i.e., private, noncommercial) recreation use in Special Areas. Special Areas are defined as areas officially designated by statute, Presidential decree, or Secretarial order and include components of the National Trails System; the National Wild and Scenic Rivers System; the National Wilderness Preservation System; national conservation areas, national monuments, or national recreation areas; an area covered by joint agreement between the BLM and a state government, as provided for in Title II of the Sikes Act (16 U.S.C. 670a et seq.); or any area where the AO determines that resources need to be protected by special management and control measures and that a permit system for individual use would achieve management objectives. The BLM conducted numerous analysis of historical data including river use levels, fee collection amounts, and costs associated with managing the LDR to complete this plan. Coordination with the John Day – Snake Resource Advisory Council (RAC) as well as the LDR Managers Group in addition to the public, with targeted communications toward river users, was completed. Proposed amendments and changes to existing fee structures for which the BLM sought concurrence from the RAC included the following: 1. Amend the current ISRP fee which is a. Memorial Day to Labor Day: $8.00 ($6.00 BLM & $2.00 Oregon Parks and Recreation Department OPRD) per person per day on Saturdays and $2.00 ($0.00 BLM & $2.00 OPRD) per person per day Monday through Friday b. Labor Day to Memorial Day: $2.00 ($0.00 BLM & $2.00 OPRD) per person per day seven days a week to a flat fee of $5.00 ($3.00 BLM & $2.00 OPRD) per person per day for floating any portion of the river, 365 days a year; and 2. Implement a new $5.00 per person per night camping fee in Segments 1 and 4 of the LDR on BLM managed public lands, where no vehicle access is present. The $5.00 per person per night camping fee would not be required for the following: a. Visitors who have already purchased a boater pass; and b. Visitors staying in developed camping sites that already require a fee. 7|Page
For purposes of this analysis the BLM focuses on boating use, hike-in camping use, bike-in camping use, and similar activities associated with fee collection. No other changes are proposed for fees on the LDR at this time. B. Authorities This Business Plan has been prepared to meet the criteria defined in the Federal Lands Recreation Enhancement Act, 2004 (FLREA) as well as the BLM’s H-2930-1 Recreation Permit and Fee Administration Handbook. Through the authority of FLREA the BLM can collect expanded and/or standard amenity recreation fees for use of certain areas, as well as SRP fees. Through these authorities, fees collected are retained at the local level to directly support the areas from which they are collected. Both FLREA and BLM guidance require that each fee program have a business plan which thoroughly discusses proposals for new or adjusted fees and explains how fees are consistent with the criteria set forth in the Act. Business plans are meant to assist management in determining the appropriateness and level of fees, cost of administering fee programs, outline how fees will be used, and provide a structured communication and marketing plan. The primary purpose of the plan is to serve as public notification of the objectives for use of recreation fee revenues and to provide the public an opportunity to comment on these objectives. Certain Treaties, Federal laws, and Executive Orders give special and unique standing to Native American Tribes. Tribes in this fee area include the Confederated Tribes of the Warm Springs Reservation of Oregon (CTWS) who are identified in the enabling 1988 Legislation as one of the three managing entities of the LDR. The CTWS is an active partner in management planning and monitoring of the LDR. The Confederated Tribes of the Umatilla Indian Reservation, The Klamath Tribes, and the Burns Paiute Tribe as well as all Pacific Northwest Tribes with ties to the Columbia River Watershed, have an interest in this area. All have recognized traditional uses established on and/or near the LDR. For these reasons, government-to-government consultation will continue with all tribes to create effective collaboration and informed federal decision making. B.1 The Federal Land Policy and Management Act of 1976 (Public Law 94-579), contains BLM’s general land use management authority over the public lands, and establishes outdoor recreation as one of the principal uses of those lands. Section 302 (b) of FLPMA authorizes the BLM to manage the use of the public lands through permits. B.2 The Federal Lands Recreation Enhancement Act of 2004 (Public Law 108-447), repealed applicable portions of the Land and Water Conservation Fund Act and replaced BLM’s authority to collect recreational fees. This law authorizes BLM to collect recreation fees at sites that meet certain requirements, allows BLM to keep the fee revenues at the local offices where they are collected, and directs how BLM will manage and utilize these revenues. Section 803 contains BLM’s authority to issue permits and charge a permit fee for use of the LDR. Section 803 (h) authorizes the BLM to require SRPs and fees associated with specialized recreation uses of federal lands and waters, such as group activities, recreation events, and motorized recreational vehicle use. FLREA was enacted in October 2004 with a ten-year sunset provision. Starting with the Consolidated Appropriations Act of 2014, Congress has 8|Page
provided extensions, most recently the “Consolidated Appropriations Act, 2021” which extends FLREA through October 1, 2022 B.3 Code of Federal Regulations, Title 43, Part 2930 (43 CFR 2930), contains the regulations governing BLM’s recreation permitting programs. 43 CFR, Subpart 2932.11(b) contains BLM’s authority to issue permits for use of the LDR. It states that, “If BLM determines that it is necessary, based on planning decisions, resource concerns, potential user conflicts, or public health and safety, we may require you to obtain a Special Recreation Permit for – (1) Recreational use of special areas.” A “special area” is where the BLM determines that the resources require special management and control measures for their protection. Permits for the LDR protect primitive recreation experiences, riparian ecosystems, and cultural and historic resources. B.4 BLM Recreation Permit Administration Handbook (H-2930-1), Explains how the BLM implements its recreation permit and fee program. Chapter 1, page 1-26, sections (e) and (f) specifically address ISRPs for Special Areas and application fees for SRPs. B.5 1988 Omnibus Oregon Wild and Scenic Rivers Act of 1988 "( ) DESCHUTES, OREGON.—Those portions as follows: "(E) the 100-mile segment from the Pelton Reregulating Dam to its confluence with the Columbia River as a recreational river; to be administered by the Secretary of the Interior through a cooperative management agreement between the Confederated Tribes of the Warm Springs Reservation, and the State of Oregon as provided in section 10(e) of this Act and section 105 of the Omnibus Oregon Wild and Scenic Rivers Act of 1988. B.5 1993 Lower Deschutes Wild & Scenic River Management Plan (p.76) states, “User fees will be collected for use of the Deschutes River where the collection of the fee is cost effective and administratively feasible. This will include site specific access points, overnight camping, and parking in developed or designated sites or areas, as well as boating use. B.6 1997 Supplement to the Lower Deschutes Wild & Scenic River Management Plan “A Federal use authorization fee for use of BLM lands and related waters within the Lower Deschutes Wild and Scenic River has been established under the Federal Pilot Fee Program. This fee has initially been incorporated into the non-permit measures to target weekend boating use during the peak use season. The fee may be modified to apply during any period and for any type of use. All fees collected under this program will be used to offset costs associated with visitor contact, maintenance, and law enforcement on the Lower Deschutes River.” 9|Page
C. Background C.1 Area Description This Business Plan focuses on the lower 100 miles of the Deschutes River in north central Oregon, from the Pelton Reregulating Dam to the confluence with the Columbia River. This section of river and the adjacent 41,467 acres constitute the federally designated Wild & Scenic River corridor and lies entirely within the boundary of the Prineville District BLM. The LDR was designated by the Oregon Legislature as a State Scenic Waterway in 1970. In 1988, Congress declared the lower 100 miles of the Deschutes River as a component of the National Wild and Scenic River (WSR) System. WSRs are assigned one or more classifications: wild, scenic, or recreational. These classifications are based on the developmental character of the river on the date of designation. The LDR was classified as a recreational river. Current management direction for fee collection is summarized in the LDR Management Plan (January 1993), the Supplement to the LDR Management Plan (June 1997), and the December 2004 Settlement Agreement. The LDR is managed cooperatively by the Bureau of Land Management, the State of Oregon and the Confederated Tribes of the Warm Springs Reservation. Several state agencies including Oregon Parks and Recreation Department (OPRD), Oregon Department of Fish and Wildlife (ODF&W), Oregon State Marine Board, and Oregon State Police participate in management on behalf of the State of Oregon. Other agencies including the Bureau of Indian Affairs and local Figure 1: Segment Map of the LDWSR governments (with a shared representative for Wasco, Sherman, and Jefferson counties and the cities of Maupin, The Dalles, and Madras) play a role as partners or are responsible for specific programs and offer recommendations to the managing agencies. The managing agencies are provided recommendations by the Interagency Implementation Team (IIT) composed of field representatives of state, tribal, local and federal agencies. 10 | P a g e
The river has been divided into four segments based on geographical features, public road access and recreational use patterns. Each segment is managed for unique recreational opportunities and resource protection. Figure 1 is a map of the various segments on the LDR. C.1.1 Segment 1 Segment 1 extends from Pelton Reregulating Dam to the boat ramp at Harpham Flat, for a total of 44 miles. The 12-mile section from Pelton Reregulating Dam to Trout Creek offers both vehicular and hiking trail access. Except for the community of Warm Springs, the river canyon appears natural in character. This portion of the river offers outstanding fishing. Boating opportunities are restricted to non-motorized craft. A person visiting the area can generally expect to encounter low to moderate numbers of people. Recreational use is highest in May and June when hundreds of anglers arrive to fish during the salmon fly hatch. The 32- Figure 2: Boaters on Segment 1 mile section from Trout Creek to Harpham Flat is accessible to the public primarily by boat. While this portion of the river is paralleled by the railroad, it is still relatively remote and natural in character. It is managed primarily to maintain or enhance the high- quality trout fishery and non-motorized boating opportunities (LDRMP, p.26). Occasional encounters with other users occur. Day use and overnight camping occur. C.1.2 Segment 2 Segment 2 is the 12-mile section from Harpham Flat to Sherars Falls. The river is accessible by a paved or graveled road along the east side of the river for the entire length of the segment. The railroad also parallels the river. The community of Maupin is located in the middle of the segment. While the area still possesses high scenic quality, it is the most developed and highly used section of the LDR. This river segment is used primarily for day use by Figure 3: Rafters on Segment 2 whitewater boaters during the summer and by anglers at other times of the year. Several challenging rapids and easy access make this area extremely popular with whitewater enthusiasts. Visitor use is highest on summer weekends and weekday and off-season use (mid-October to mid-May) is generally more moderate. is managed for relatively high levels of non- motorized whitewater boating day use as well as trout and steelhead fishing. Management is focused on achieving a higher level of environmental and social ethics. Management actions will emphasize resource protection, public health and safety, and reduction of user conflicts (LDRMP, p.27). C.1.3 Segment 3A and 3B The 20-mile river Segment 3 from Sherars Falls to Macks Canyon is divided into Segments 3A and 3B. It is paralleled by a gravel road on one side and a railroad on the other throughout its length. Except for the 11 | P a g e
road, railroad and a few developed and semi-developed campgrounds, the area is essentially natural appearing. Motorized boats are allowed in both Segment 3A and Segment 3B from October 1 through June 15. It is managed primarily to provide moderate levels of dispersed use by boaters, anglers and overnight campers with vehicles (LDRMP, p.27). Segment 3 was divided into Segment 3A and 3B to allow access to the river for both extended trip boaters and traditional boaters (Segment 3 Limited Entry Adjustment Environmental Assessment (EA), p. 12). The EA was signed in 2016 and implemented in 2019. C.1.3a Segment 3A – Buckhollow to Pine Tree Segment 3A is a four-mile stretch from Buckhollow to Pine Tree which offers a short scenic float without rapids, for those with less experience or short on time. Segment 2 boaters desiring to add a few extra miles onto their trip can hire a shuttle around Sherars Falls and continue into Segment 3A ending their trip at Pine Tree. C.1.3b Segment 3B – Pine Tree to Macks Canyon Steelhead fishing is popular in this segment, as are Figure 4. Boaters Preparing to Launch multi-day boating trips that continue into Segment 4. The 15-mile stretch from Pine Tree to Macks Canyon offers a scenic float without rapids, for those with less experience. C.1.4 Segment 4 Segment 4 extends 24 miles from Macks Canyon downstream to the confluence of the LDR with the Columbia River. The railroad parallels the river throughout its length. Public access is available by boat, foot, and bicycle. The character of the canyon is natural appearing and relatively remote. This segment is popular for fall steelhead fishing with lesser amounts of whitewater boating and other angling opportunities. Motorized boats may use this segment of river year-round, except for every other Thursday-Sunday from mid-June through September. Use levels are generally low to moderate except during the Figure 5, Jet Boat on the Lower Deschutes late summer/fall steelhead fishing season when high numbers of anglers result in days with no additional ISRP’s available. It is managed primarily for fishing and will provide access for motorized and non-motorized boats, with opportunities for hiking, mountain bike and horseback riding. Management direction is toward dispersed recreational opportunities. Management actions will reduce social conflicts among users (LDRMP, p.27). 12 | P a g e
C.2 Visitor Demographics Boating use on the LDR varies by river segment and by season. The primary attractions for boaters are whitewater boating, fishing, and boat-in camping. With over 100 miles of river and numerous access points, there are opportunities for both day and multi-day trips. Additionally, a growing number of visitors are accessing Segments 1 and 4 by foot and bicycle for camping and fishing. The BLM compiled demographic data from a representative sample of 2014 trip leaders. The data showed that 40% of trip leaders came from Multnomah, Clackamas and Washington counties in Oregon; 24% of trip leaders came from central Oregon counties (including Wasco, Jefferson, Deschutes and Crook); 21% from other Oregon counties; and 15% from Washington State. The average group size in 2014 was 8.7 in Segment 2 and 6.1 on the river. In conversations with boaters, BLM and State Parks staff report most users indicate an understanding of the need to fund the care of the river and a willingness to contribute some amount of money to these efforts in the form of a boating fee (ISRP). Boaters expect BLM to reinvest fee income in the special areas where the fees are collected. This business plan directs BLM to spend income from fees in the LDR Corridor where they were generated and/or collected. C.3 Recreation Site Descriptions The following is a summary of the various recreation sites found along the LDR and managed by the BLM. For a more detailed description see Appendix 1, C.3.1 Segment 1 Sites In Segment 1, one boat ramp and four developed campgrounds are managed by BLM. Warm Springs boat ramp and day use area is owned by ODF&W, leased by OPRD, and co-managed by OPRD and BLM. C.3.2 Segment 2 Sites Two boat ramps, 6 developed campgrounds and five-day use areas are managed by BLM. Boat ramps, campgrounds, and facilities at Harpham Flat, White River, and Sandy Beach are on property owned by the Confederated Tribes of Warm Springs and managed cooperatively with the BLM. The boat ramp and campground at Maupin City Park is owned and managed by the City of Maupin. C.3.3 Segment 3 Sites Multiple developed recreation sites including three boat ramps, five developed campgrounds and three- day use areas managed by the BLM. The boat ramp at Macks Canyon marks the boundary between Segments 3 and 4. C.3.4 Segment 4 Sites Deschutes State Park and Heritage Landing, owned and managed by OPRD, includes a boat ramp, developed campground, and day use area at the downstream end of the segment at the confluence of the Columbia River. 13 | P a g e
C.3.5 Sites Adjacent to the wild and scenic river corridor The Criterion Allotment and Management Area to the east of the LDR is regularly used for hiking and is also a popular hunting area. C.4 Operating Costs Operating costs on the LDR are funded by a combination of congressionally allocated funds, BLM ISRP fees, State boater pass fees, commercial SRP fees, and campground fees. In 2011 allocated funds decreased while operating costs continued to rise due to inflation. In response, river management was consolidated, several full-time positions were eliminated, and labor/operations were thinned down significantly. Current staffing levels are down approximately 50% compared to previous years. Services remain consistent in high use areas, but overall services are not as widely dispersed on the river. An average of 16 seasonal and permanent recreation staff, 3-4 management, and numerous (over 15) resource specialists support operations on the river either full or part time. Recreation staff include the River Manager, a permanent River Ranger, one Maintenance Lead, and five seasonal and student staff that are temporary/seasonal. The average cost of labor support ranges from $500,000 to $600,000 annually. Contracts and Services Each year contracts are awarded for a variety of services including toilet pumping, trash pick-up, and other miscellaneous facility and site maintenance needs. The average total cost for these contracts ranges from $70,000 to $80,000. Supplies, Equipment, and Vehicles (Including Heavy Equipment) Boats, trucks, trailers, mowers, graders and dump trucks, are required for annual operations on the river. Supplies include disinfectants, bleach, air fresheners, pressure washers, hand tools, and personal protective equipment (PPE). The total annual cost of supplies and equipment (including vehicles) ranges from $50,000 to $70,000. Miscellaneous Operations All other operational costs associated with the river including labor support, miscellaneous expenses, road management, etc. ranges from $40,000 to $50,000 each year. Table 1 – Average Annual Costs Associated with Managing the LDR Operations Expense $500,000 to Personnel and Labor $600,000 Contracts and Services 70,000 to 80,000 Supplies, Equipment, and Vehicles $50,000 to 70,000 Site and Facility Replacement $50,000-60,000 Miscellaneous Operations $40,000 to $50,000 $730,000 to Total Annual Average Operating Costs $760,000 14 | P a g e
Figure 6. Summary of Costs to Manage the LDR Annually from Table 1. Labor Contracts Equipment & Vehicles Misc. Operations Overhead and Indirect Expenses Income from fees and congressionally allocated funds are assessed overhead charges and contribute to support the Prineville District, which in turn supports the river program. Congressionally allocated funds contribute up to 20% in indirect costs. Overhead costs include a portion of the costs of office equipment, space rental, telephone services, postage, personnel transfer costs, administrative and clerical support, front desk staffing, training, safety, public information, cartography, basic series mapping, aviation management, telecommunications, equipment maintenance, and systems design and implementation. Administrative and supervisory staff provides safety training, computer support and human resources assistance. Overhead costs do not include costs directly attributed to providing a specific service or executing a specific project such as a campground rehabilitation projects (those are considered under ‘Personnel and Labor’). Oregon Parks and Recreation Department (OPRD) boater pass & BLM ISRP fees OPRD currently receives a boater pass fee of $2 per person per day year-round. This fee applies to all users whether commercial or non-commercial. The BLM currently collects $6 per person per day for an ISRP within the river corridor on Saturdays and Sundays between Memorial Day and Labor Day. This fee applies to all users whether commercial or non-commercial. C.5 Recreation Use BLM examined visitor use levels in the 1993 LDR Management Plan and Environmental Impact Statement along with the Supplement to the LDR Management Plan (Supplement). The Plan and later supplements set seasonal (May 15 through September 15 in Segment 1, 2 and 3 and May 15 through October 15 in Segment 4) and daily targets for all four segments based on 1990 seasonal levels. Figure 7 below shows the number of boater days recorded per year in each Segment over the last 24 15 | P a g e
years. A slight increase of 13-14% was found in Segments 1 and 2. Segments 3 and 4 both had a much higher increase with 68% in Segment 3 and 55% in Segment 4. Figure 7 – Lower Deschutes Wild & Scenic River Boater Days, Segments 1, 2, 3 and 4, 1993-2017 1993 – 2017 Segment 1 through 4 Boater Days by Year 80000 70000 Number of Boaters 60000 Segment 1 50000 Segment 2 40000 Segment 3 Segment 4 30000 20000 10000 0 1993 1998 2003 2008 2013 2014 2015 2016 2017 River use varies depending on the Segments and time of year: Segment 1: Trout fishing opportunities are most popular from mid-May through June. Challenging rapids and the relatively remote character of much of this river segment provide excellent whitewater boating opportunities. Boating use increased significantly during the 1980's and 90's and was administratively limited in 2005. Most boating occurs between mid-June and September. Segment 2: There are several challenging rapids for whitewater boaters and with easy access this segment makes it popular to the whitewater boating community. The primary use has historically been whitewater boating and most use occurs between mid-June and mid-September. Trout and Steelhead fishermen use Segment 2 year-round however most of the angling occurs outside of summer boating season. Between 2008 and 2017 there was a 2% increase in boater passes sold for Segment 2. Segment 3: Except for fishing during the fall months, boating use was relatively low in this river segment in the past. In the last 10 years, commercial rafting companies began extending their whitewater trips from Segment 2 into the upstream 4 miles of this segment, thus increasing the use in what is now Segment 3A. In 2016 a cooperative environmental assessment was developed by the managing agencies which split Segments 3A and 3B each with its own use limits. Whitewater boating occurs from June through mid-September, while fishing use occurs from August through November. Boating use levels in this segment have been 16 | P a g e
administratively limited since 2009. Segment 4: In the early 1990’s the predominate use in Segment 4 was fall steelhead fishing. There were lesser amounts of whitewater rafting and trout fishing. Steelhead fishing season occurred primarily between late summer and late October. Most of the use in this segment was motorized in the 1990’s. In more recent years non-motorized whitewater boating has become increasingly popular. With limited entry implementation, future use in Segment 4 could lower slightly over the next few years. Hike-in and bike-in use along the old railroad grade within Segment 4 has increased over the past three years. Table 1, Annual Segment 4 Trail Camera Data, indicates total non-boater visitors, both day and overnight use, averaged approximately 1,731 annually from 2015 to 2017, with a maximum of 2,110 visitors (1,803 day use and 307 overnight) in 2017. Table 2 Hike/Bike-in visitation data is derived from trail camera inventories placed along the railroad grade approximately one mile upriver of Deschutes River State Park River Mile 0, and at Macks Canyon, River Mile 24. Activities observed include hiking, fishing, backpacking, hunting, biking, trail running, and horseback riding. Table 2. Annual Segment 4 Use Data Determined by a Trail Camera Mack’s Canyon Deschutes River State Park Total Non- Year Walk-in Bike-in Walk-in Bike-in Walk-in Bike-in Walk-in Bike-in Boater Day Use Day Overnight Overnight Day Use Day Use Overnight Overnight Visitors Use Use Use Use Use 2015 94 0 5 0 834 252 82 92 1,359 2016 351 15 29 6 692 457 91 84 1,725 2017 375 9 58 0 925 494 161 88 2,110 2018 391 21 47 4 *237 *54 *13 *6 *773 *2018 Deschutes State Park data reflects use for January through February only due to trail camera memory card full. Visitors were counted when traveling upstream from Deschutes State Park or downstream from Macks Canyon. Visitors who made a loop by walking along the river one direction and using the old railroad grade trail the other direction were only counted when their trip originated on the old railroad grade trail. Visitors were categorized as walk-in or bike-in day use, or walk-in or bike-in overnight use. Visitors walking or biking on the trail with less equipment than would appear necessary to camp overnight were classified as day users; while users with larger backpacks, bike trailers, panniers, or what appeared to be enough equipment to camp were classified as overnight users. 17 | P a g e
D. Current Fee Program & Revenues D.1 Existing Fees As indicated above, the LDR fee program collects SRPs, campground fees (group and individual site use), and ISRP fees (boater passes). Individual special recreation permit fees to float the river were first collected in 1982. The original cost was $1.75 per person per day, collected by OPRD under the authority of the State Scenic Waterways Act. Permits were available from vendors or from the Prineville BLM office. The goals related to the collection of fees on the LDR are: • Continue to ensure the BLM, OPRD, and other managing agencies can successful manage the LDR on a segment-by-segment basis to protect and enhance the W&SR values. • Provide a positive visitor experience throughout the 100 mile stretch of the LDR while ensuring limits of use are managed. • Support operations of maintenance to ensure facilities are made safe and secure for public use. BLM Individual Special Recreation Permit (ISRP) Fees Current ISRPs are either $2.00 or $8.00 per person per day, depending on time of year and day of the week, and are available through the recreation.gov website. A separate administrative fee of $6.00 per transaction is charged by the contractor who operates the online reservation system. Table 3. Summary of ISRP fees collected on the LDR throughout the year. Agency Current Lower Deschutes W&SR River ISRP Fee Saturdays and Sundays Weekdays Seven days a week from Memorial Day to from Memorial Day to from Labor Day to Labor Day Labor Day Memorial Day OPRD $2 $2 $2 BLM $6 0 0 Total $8 $2 $2 Boat-in camping on the river is included in the cost of an ISRP. Individual special recreation permit fees help pay for river operations like trash removal and maintenance of toilet facilities at remote campsites. Drive-in developed campgrounds are dispersed throughout the LDR corridor. Between May 15th through September 15th, campground fees are $8.00 per night mid-week and $12.00 per night on weekends (Friday nights and Saturday nights) and group sites are $25.00 weekdays and $35.00 on weekends. There are three developed, road-accessed BLM campgrounds in Segment 1, eight in Segment 2 and five in Segment 3. Campsites are non-reservable, first-come, first-served. All campsites are self-registration only. For undeveloped areas where no vehicle access is present in Segments 1 and 4, members of the public who walk, horseback, and bike-in, can camp for up to 14 days. Currently, no ISRP or other fee (e.g campground fee) is required for camping in areas of Segments 1 and 4 not accessible by a vehicle. 18 | P a g e
BLM Special Recreation Permit (SRP) Fees In addition to ISRPs, the BLM collects fees from approximately 90 different commercial operations through SRPs on the LDR. Rates and increases for the commercial SRPs are set at a national level and are not subject to review by a Resource Advisory Committee. BLM Standard amenity fees (campgrounds) For the use of developed campgrounds with vehicle access, the BLM collects an expanded amenity fee of $8 per site on weekdays, and $12 per site on weekends (Fridays & Saturdays, May 15-Sept 15). For a group campsite, the BLM collects $25 on weekdays and $35 on weekends (Fridays & Saturdays, May 15- Sept 15). D.2 Fee Revenues The following table summarizes fee revenues for the LDR for both the BLM and OPRD. Table 4 – Revenues associated with fees collected on the LDR. 2014-2018 – Passes Sold, # of Boaters & Use 5-Year 2014 2015 2016 20171 20182 Average Number of Daily ISRPs (Boater Passes) 15,315 15,808 15,712 12,628 13,119 14,516 Sold Number of Boaters in all segments (1-4) 91,244 96,131 95,112 83,814 82,951 89,850 Use Days in all segments (1-4) (Number of Days x Number of People on each Daily 133,947 140,689 137,316 131,702 132,097 135,150 Pass) Number of Frequent User Passes Issued 70 31 24 15 25 36 (BLM & State) 2014-2018 - Fee Revenue by Fee Type State Boater Pass Fees $267,894 $281,378 $274,530 $263,370 $264,194 $270,273 BLM ISRP Fees (Boater Passes) $247,368 $264,732 $259,338 $244,840 $235,824 $250,420 State Frequent User Pass Fees $1,050 $465 $360 $225 $375 $495 BLM Frequent User Pass Fees $2,450 $1,085 $840 $525 $875 $1,155 BLM Commercial SRP Fees $165,454 $176,424 $159,699 $182,266 $158,683 $168,505 BLM Campground Fees (expanded $84,890 $79,446 $59,369 $65,519 $84,396 $74,724 amenity fee) Total Annual Fees Collected to BLM $500,162 $521,687 $479,246 $493,150 $479,778 $494,804.60 Total Annual Fees Collected for OPRD $268,944 $281,843 $274,890 $263,595 $264,569 $270,768.20 Total Annual Fees Collected $769,106 $803,530 $754,136 $756,745 $744,347 $765,572.80 1 2017 daily boater use decline due to wildfire smoke and poor visibility 2 2018 daily boater use decline due to wildfires and river access closures 19 | P a g e
D.3 Use and Spending of Fees Collected Fees are important in supporting operations, maintaining facilities, and providing a positive experience on the LDR. Each year fees collected on the LDR go to both operational costs and labor of staff working directly on and for the LDR. On average the BLM spends approximately $750,000 in fees on operations and labor annually for the LDR. This spending equates to obligating 100% of a previous year’s fees and 50% of the current year. Since 2015 this has broken down to annual expenditures for ~$350,000 spent on labor (mostly for seasonal and field staff working directly on the river) and ~$400,000 on operations, which include facility maintenance, service contracts, supplies, road work, etc. D.4 Compliance, Enforcement, and Fee Collections Year-round law enforcement currently exists with a contract between Oregon Parks & Recreation Department, and the Wasco County and Jefferson County Sheriff’s offices. In addition, BLM Law Enforcement is paid to patrol in the Maupin Area (Segment 2) during the months of July and August. Oregon State Police is paid by ODF&W and the State Marine Board to seasonally patrol by water and by land the various segments of the lower 100 river miles. Fee collections are done by park rangers who are certified Collection Officers. Two Officers are required when handling, depositing, and counting the money. Single person collections are only allowed with 2 lock systems built into the device and when money is not handled, but only transported in locked and secured storage devices. E. Fee Amendments & Proposals Under the Federal Land Recreation Enhancement Act (FLREA), Congress authorized the BLM to collect ISRP and SRP fees for specialized used of federal lands and waters. The BLM is proposing an amended ISRP fee within the LDR corridor, specifically Segments 1, 2, 3 and 4. The proposed flat fee structure would replace the current fee structure that charges different fees depending upon time of year and day of the week. E.1 Summary of Fees Being Amended BLM is planning to amend its ISRP fee to make it a flat rate of $5.00. The current fee which is $8.00 ($6.00 BLM & $2.00 Oregon Parks and Recreation Department OPRD) per person per day on Saturdays and Sundays between Memorial Day and Labor and $2.00 ($0.00 BLM & $2.00 OPRD) per person per day Monday through Friday with become a flat fee of $5.00 ($3.00 BLM & $2.00 OPRD) per person per day for floating any portion of the river, 365 days a year. The BLM is planning to begin the $5.00 flat fee in January of 2022. Table 5. Expected ISRP fees collected on the LDR throughout the year with the amended changes Agency Proposed Lower Deschutes W&SR River ISRP Fee Saturdays and Sundays Weekdays Seven days a week from Memorial Day to from Memorial Day to from Labor Day to Labor Day Labor Day Memorial Day OPRD $2 $2 $2 BLM $3 $3 $3 Total $5 $5 $5 20 | P a g e
E.2 Summary of Fees Being Proposed The BLM is proposing a flat $5.00 camping fee per person per day for every person camping in Segments 1 and 4 of the LDR on BLM managed public lands, where no vehicle access is present. This fee was developed by a subcommittee of the RAC and provided to the BLM with the intention of helping offset increasing costs associated with managing facilities available to the public in Segments 1 & 4 being used by both boaters and non-boaters. The $5.00/person/night camping fee would not be required for visitors who already purchased an ISRP and/or visitors staying in developed camping sites that already require a fee. No other fee changes are being proposed. E.2 Comparable Fees The Fair Market Assessment approach compares the ISRPs charged for boating similar rivers in the western United States that are being administered by federal land management agencies. Many of these comparison rivers had a different ISRP fee structure than the LDR, such as charging per person per trip or per group per trip. To compare costs, the ISRPs from these commensurate rivers were translated into cost per person per day. Where a per person per trip ISRP was charged, the trip fee was divided by the average trip length in days. Where a per group per trip ISRP was charged, the fee was divided by 6, the average size of a boating group on the LDR and was divided again by the average trip length in days. Where a reservation or lottery fee is charged, in addition to a daily ISRP, the application or lottery fee is assumed to be paid once by the group and is split by 6 people. All the comparative rivers have a limited- entry permit system, provide on-site ranger services, and offer a backcountry river recreation experience (except that the high concentration of toilets available on the LDR is commensurate with a rural or front country river recreation experience). The services and facilities provided at the rivers listed are like those of the LDR, except that most do not offer a high concentration of vault and pit toilets accessible to boaters. Table 6 compares the ISRPs for various western rivers with a per person per day fee, or a per group per day fee. Table 6 - Comparison of river permit fees for similar recreation areas throughout the Western United States River Name - Permit Permit and Application Trip Cost per Person per Agency Segment Distribution Fees Length day* 17 mi. Colorado – Westwater BLM Reservation $10 per person, per trip. $10.00 (2 days) Green or Yampa– One-Day Permit Fee $20.00 44 mi. NPS Lottery $20,00 Dinosaur Overlength Trip Fee $35.00 (4 days) John Day BLM Reservation $10 per one-daytrip Varies < $10.00 50 mi. Rogue BLM Lottery $10 per person, per trip. $10.00 (4 days) Salmon – 4 Rivers (non- 79 mi. USFS Lottery $4 per person per day $4.00 motorized) (6 days) Tuolumne River USFS Reservation $2 per person per day Varies $2.00 USFS/ Rio Chama Lottery $5 per person per day Varies $5.00 BLM $2.00 everday low season, $2.00 everyday low Lower Deschutes BLM & Reservation $8.00 on Sat. & Sun. during Varies season, $8.00 on Sat. & (current) OPRD high season Sun. during high season 21 | P a g e
AVERAGE COST (per person per day) $7.88 - $8.63 Lower Deschutes BLM & Reservation $5 per person per day Varies $5.00 (Amended) OPRD 1 All of these rivers have reservation systems through recreation.gov and require an additional $6.00/transaction reservation fee. When comparing ISRPs using this method, the current LDR daily cost of $2 on weekdays and during the low season is 64% less than the $5.57 average daily cost of comparable federal river fee programs, and on Saturdays and Sundays during the summer months, the daily cost of $8 is 43% more than the $5.57 average. The proposed flat ISRP fee of $5 per person per day is commensurate with the $5.57 average daily cost of comparable federal river fee programs. Comparability with other agencies and similar Special Areas The fair market value analysis demonstrated that the amended ISRP of $5.00 is similar to fees charged elsewhere and by other public agencies. The ISRP is equitable and assures that the United States is provided a fair return for recreational use of the public lands. Fairness and Equality among Users BLM considered the effect of amending the ISRP fee on recreation users and recreation service providers and found these fees to be optimal. Paying a $5 fee year-round seems to strike an acceptable balance in comparison to the existing fees of $8 and $2, respectively. E.3 Financial Analysis – Revenues, Costs, and Use of Fees Amendment to existing Individual Special Recreation Permit Fees Individual special recreation permit fees on the LDR have been at their current rates since 2003. Since that time, the costs of operating the river recreation program have climbed substantially. Increases in costs have come in every category, including labor, fuel, vehicles, supplies, and maintenance. This section outlines both the Cost Recovery fee calculation method, as well as the Fair Market Value fee calculation method, which compares the fees charged by other offices and/or agencies for river use with similar facilities and services. Fees collected on the LDR, including all proposed fees, will be spent in line with the same goals provided in section D.1. Annual spend plans for fee use will be developed that will ensure fees are spent much like they are now, which is focused on labor and operations directly improving and supporting the LDR. Spending and use of fees will be the same as described in D.3. Additionally, section E.8 below. Table 7 below summarizes the calculated fees that would be collected with the amendment to the ISRP. Table 7- Anticipated future revenues from proposed ISRP fee change. Anticipated Future BLM Fee Revenue by Fee Type 2022 With Existing Fees 2022 With Proposed Fees BLM ISRP (Boater Pass) Fees $250,710 $405,451 BLM Frequent User Pass (Annual Pass) $1,218 $1,218 22 | P a g e
BLM Commercial SRP Fees $168,505 168,505 BLM Campground Fees (expanded amenity $74,724 fee) $74,724 Total Annual Fees Collected to BLM 495,157 $649,898 Proposed “All User” Camping Fee for Segments 1 and 4 As shared above in E.1, the BLM is proposing a flat $5.00 per person per day to every person camping in Segments 1 and 4 of the LDR, where no vehicle access is present. The $5.00/person/night camping fee would not be required for visitors who already purchased an ISRP; and visitors staying in developed camping sites that already require a fee. In section C.5 a summary of walk and bike in traffic in both Segments 1 and 4 were provided. Most of the total number of recreationists identified (~1,700/year on average) were day users. However, around 200-300 were overnight users and we expect these numbers to increase over time. Therefore, the expected revenue from implementing the flat $5.00 campground fee is expected to be $1,000 to $1,500/year. This amount would provide some support the fee’s implementation and monitoring of the area. E.4 Impact of Fee Changes User patterns have changed over the years. Implementation of use limits and fee structures have helped to distribute use more equally amongst all days of the week. Services are provided year-round, including bathroom facilities, trash clean up, river rescues, law enforcement, and road maintenance. Changes in fee structure are being proposed to make fees more equitable for users throughout the year. Other benefits include accounting efficiency, ease of financial analysis, a simplified fee structure for public understanding, and predictable budgetary planning. Other factors considered for re-adjusting fees include rising operating costs, year-round maintenance, and fairness and equity among all users. The adjusted fees consider current fees and provide a reasonable solution to all users of the river. Costs related to the Lower Deschutes Wild & Scenic River Management Area The budgeted expenditures (Section 5 Cost Recovery) of the fee receipts are for services and infrastructure that align with management plan objectives. These investments would maintain a high- quality recreation opportunity for all users of the LDR. The operating budget that is possible under the proposed fee rate provides funding for BLM to manage recreation programs and facilities in a manner that protects the resources, the public and their investment, and fosters pride of public ownership. BLM is not proposing to use fees to maximize revenue. BLM calculated the operating budget using the current fee structure. Without adjusting fees, reduced services would result in more trash, human waste, and unacceptable behavior along the river. Law enforcement personnel would be less available to assist with emergencies or to enforce regulations such as boater safety, shooting, hunting regulations, and unauthorized guiding. Reduced staffing would compromise the safety of the public and protection of the resources. Not adjusting fees would limit BLM’s ability to fully protect and enhance the LDR Outstanding Recreational Values. 23 | P a g e
Potential Effects of the Amended Fee Change on Users A change in the ISRP fee will mean an individual will pay either $3 more per day, or $3 less per day depending on the day of the week and the season of their trip. The change in $3/per person/per day to float the LDR is not expected to have a measurable economic impact on boaters and/or affect visitation trends. Additionally, it is likely that commercial outfitters with valid SRPs would transmit the additional $3.00 in ISRP fee costs to their clients, which, given the cost of commercial trips for the general public, would not be a significant increase Finally, the proposed $5 flat fee seven days a week will remove the incentive to boat on weekdays, and ISRP fees will no longer influence what day of the week an individual plans their trip. Potential Effects of the Amended Fee Change on Low-Income Populations Maintaining the current structure of disproportionate ISRPs, in which fees cost less on weekdays and during the slow season and cost more on Saturdays and Sundays during summer months, makes weekday or slow season trips slightly more affordable for low-income visitors. However, excluding the cost of ISRPs, river boating is still an inherently expensive recreational activity for both non-guided and guided visitors. It is unlikely that the amendment to ISRP fees will affect the ability visitors to participate in a trip. An ISRP is a small part of the total cost of a river trip. Therefore, impacts to low-income populations are expected to be minimal. Potential Effects of the Amended Fee Change on Local Communities On their way to the river and once they arrive, non-local boaters, both guided and non-guided, spend money on goods and services. These visitors purchase food, gas, lodging, and vehicle shuttle services in the communities of Maupin, Madras, and The Dalles, and these expenditures contribute greatly to the local economy. Changing the ISRP to a flat fee of $5 is expected to have very little effect on the ability of guided or non-guided boaters to afford a LDR trip. Depending on the day of the week and the season of use, the ISRP fee will either decrease or increase slightly. The BLM invests income from fees collected in resource management and recreation opportunities that draw non-local users to spend money in the local economy. It is important to the local economy for the LDR program to have the financial ability to maintain and improve, as necessary, the current services and facilities associated with guided and non-guided recreational boating, as well as protect the quality of the recreation experience. The LDR program provides a high-quality eco-tourism experience that draws approximately 270,000 recreational users to the City of Maupin and the Wasco/ Sherman/Jefferson tri- county area annually. According to BLM’s Central Billing System, in 2018-2020, guided passengers spent over $5 million annually for guiding services on the LDR. Potential Effects of the Proposed Camping Fee The charging of a $5.00/person/night camping fee in areas not accessible to cars in Segments 1 and 4 is not expected to have measurable impacts on users, low-income populations, local communities, and/or overall visitation. Areas throughout Central Oregon as well as the Pacific Northwest that require similar fees for overnight camping in backcountry areas continue to see high use. Furthermore, given the majority of use for public lands accessible by foot, bike, and/or horse in segments 1 and 4 is day-use, overall impacts to overnight use are expected too negligible if even measurable. 24 | P a g e
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