Subdivision (a) of 6 NYCRR section 190.10 is amended to read as follows:

(a) Applicability. [Unless otherwise specified, sections 190.0, 190.1, 190.2, 190.3, 190.4, 190.8 and 190.9 of this Part apply to all unique areas administered by the Division of Lands and Forests.] All unique areas are posted as such; descriptions of each unique area are available at the central and regional offices of the Department of Environmental Conservation. Specific regulations for individual unique areas are set forth in the following subdivisions of this section and supersede the general regulations enumerated in this [subdivision] Part in the event of a conflict.

New subdivision (d) of section 190.10 is added to read as follows:

6 NYCRR section 190.25 Zoar Valley Multiple Use Area is amended to read as follows:

Section 190.25 Zoar Valley Multiple Use Area including Zoar Valley Unique Area

6 NYCRR section 190.25 subdivision (a) is amended to read as follows:

(a) [Description] Applicability. For purposes of this section, Zoar Valley Multiple Use Area including Zoar Valley Unique Area means all those State lands, excluding East Otto State Forest, lying and situated in the Towns of Otto and Persia, Cattaraugus County, and the Town of Collins, Erie County, including a five-mile segment of Cattaraugus Creek and a two-mile segment of the south branch of Cattaraugus Creek, and being the same lands as more particularly described in several deeds conveying said lands to the People of the State of New York, on file in the Department of Environmental Conservation, Albany, NY, and duly recorded in the office of the County clerk of the County of Cattaraugus and the office of the County clerk of the County of Erie, respectively. Said Zoar Valley Multiple Use Area including the Zoar Valley Unique Area shall be hereinafter referred to in this section as "area." The provisions of this section shall not apply to, and the references hereinafter to the "area" shall not include, the detached parcel of Zoar Valley Multiple Use Area, generally located between Wickham Road and Forty Road. The provisions of this section shall supersede the general regulations enumerated in this Part in the event of a conflict.

Subdivisions (b) through (e) remain unchanged.

Repeal subdivision (f) of 6 NYCRR section 190.25 and adopt a new subdivision (f) as follows:

Subdivisions (g) and (h) remain unchanged.

Subdivision (i) is amended to read as follows:

(i) No person shall bathe[,] or swim [or wade] in any of the waters flowing or standing through or on the area.

Subdivisions (j) through (o) remain unchanged.

New subdivisions (p) and (q) of 6 NYCRR section 190.25 are added to read as follows:

1. Statutory authority

On July 3, 2007 a law dedicated a portion of Zoar Valley Multiple Use Area to the State Nature and Historical Preserve, Environmental Conservation Law (ECL) section 45-0117(2)(n). Regulations that were approved for the Multiple Use Area on May 1, 1972 will now be revised to include Zoar Valley Multiple Use Area and Zoar Valley Unique Area.

“ECL” section 1-0101(3)(b) directs the Department of Environmental Conservation (Department) to guarantee Athat the widest range of beneficial uses of the environment is attained without risk to health or safety, unnecessary degradation or other undesirable or unintentional consequences." ECL section 3-0301(1)(b) gives the Department the responsibility to Apromote and coordinate management of...land resources to assure their protection...and take into account the cumulative impact upon all such resources in...promulgating any impact upon all such resources...in promulgating any rule or regulation." ECL section 9-0105(1) authorizes the Department to "exercise care, custody, and control" of State lands. ECL section 3-0301(2)(m) authorizes the Department to adopt rules and regulations Aas may be necessary, convenient or desirable to effectuate the purposes of (the ECL)," and ECL 9-0105(3) authorizes DEC to Amake necessary rules and regulations to secure proper enforcement of (ECL Article 9)". Futhermore, section 45-0111(6) authorizes the Commissioner to make such rules and regulations as necessary for the purpose of carrying out the functions, powers and duties necessary to ensure the protection of the State Nature and Historical Preserve. Section 45-0117(1) and section 45-0117(2)(n) authorize the Department to manage and exercise custody and control over lands dedicated pursuant to this article which includes the Zoar Valley Unique Area.

2. Legislative objectives

In adopting various articles of the ECL, the legislature has established forest, fish, and wildlife conservation to be policies of the State and has empowered DEC to exercise Acare, custody, and control" over certain State lands and other real property. Consistent with these statutory interests, the proposed regulations will protect natural resources and the safety and welfare of those who engage in recreational activities on Department managed lands. Natural resources will be protected by prohibiting bicycles, skateboards or similar equipment, horses and other work animals. Fires also will be prohibited on the area. The public will also be protected by prohibiting the possession of alcoholic beverages and glass containers except for medicinal purposes. Based on public input received in the Unit Management Planning process, the public will be allowed to wade in the waters on the unit.

3. Needs and benefits

As previously mentioned, the change in the legislative designation of this land has created a problem as regulations established in 1972 no longer cover those lands originally part of the Zoar Valley Multiple Use Area that have been dedicated to the State Nature and Historical Preserve. These lands are now referred to as the Zoar Valley Unique Area. This has exposed the public to added risks and removed provisions established for resource protection. The proposed regulations will once again apply the 1972 regulations, with needed updates, to the entire property.

The proposed regulations will prohibit possession of alcoholic beverages and glass containers, except for medicinal purposes, in order to promote public safety and protect the property from excessive littering. Past history has shown that consumption of alcoholic beverages has contributed to serious injuries and deaths on the property. The gorge running through the property is framed by cliffs ranging from 100 to 500 feet in height. Trails closely follow some of the drop-offs providing spectacular views for visitors. However, this has resulted in dangerous conditions resulting in serious accidents for intoxicated hikers. On similar properties administered by the Department, prohibiting alcoholic beverages has been shown to save lives.

Bicycles, skateboards, horses and other work animals will be prohibited to protect trails on the property from erosion. The main trail accessing the gorge is steep and is located in rugged terrain as it leads into the gorge. Because of the steep terrain, soils in the area are prone to erosion and therefore cannot support all forms of recreational use.

Based on public input received in the Unit Management planning process, the 1972 regulation prohibiting wading in Cattaraugus Creek and it's South Branch will be eliminated. Wading does not create an undue risk to the public. The current prohibition is counterproductive in promoting fishing, especially since the portion of Cattaraugus Creek which flows through the area is an important steelhead trout fishery. It is expected that the proposed regulation will enhance recreational fishing opportunities in the creek and add to the enjoyment of people recreating in the gorge.

Since the Zoar Valley Multiple Use Area is closed from sunset to sunrise, fires will be prohibited on the area. The prohibition is necessary to protect public health and safety and to reduce related problems with littering and underage drinking. The prohibition could result in a cost savings to the State since there would be a less likely chance of a forest fire in the area and therefore a possible realization in savings to put it out.

Provisions of the proposed rulemaking for the Zoar Valley Multiple Use Area including the Unique Area were addressed in the Unit Management Plan. The plan underwent a lengthy public review process including two public meetings, direct mailings, a press release, extensive public distribution, a responsiveness summary and web postings. This was designed to assure public participation in the planning process by all stakeholders, including, the following groups: Buffalo Audubon Society, Audubon New York, Citizens Campaign for the Environment, Adirondack Mountain Club, the Nature Conservancy, Sierra Club, Cattaraugus County Economic, Development, Planning and Tourism, Erie County Conservation Society, Inc., Safari Club International, WNY Environmental Federation, American Chestnut Foundation, Inc., Erie County Federation of Sportsmen's Clubs, Inc., Friends of the Ancient Forests and Cattaraugus Creek Outfitters. In addition to the above there were numerous individuals that provided comments on this plan. All of these comments were addressed in a responsiveness summary that is a part of the final Unit Management Plan. During the public meetings for the Zoar Valley Unit Management Plan and in subsequent written comments on the plan, the majority of the public requested the changes proposed or otherwise supported the changes.

The Zoar Valley Multiple Use Area has attracted numerous visitors over the years to view the gorges and waterfalls. The proposed regulations will be put in place to protect this area for the enjoyment of future generations and to preserve for future generations what has made this area unique.

4. Costs

There would be no increased staffing, construction or compliance costs projected for State or local governments or to private regulated parties. Costs to the regulating agency would be minimal, approximately $100 for the necessary signage. Savings are expected from reduced trail maintenance costs by limiting trail use to sustainable activities only. There may be some increased costs to those who are ticketed for violation of the new regulations. Costs incurred by rescue squads and EMTs should be reduced by the rulemaking as it provides additional opportunities to protect public safety and minimizes the potential for accidents. Further, the risk of a forest fire will be reduced as well as the cost to the State of fighting any forest fires.

5. Local government mandates

This proposal will not impose any program, service, duty or responsibility upon any county, city, town, village, school district or fire district and may lessen the burden for local government with respect to fire fighting.

6. Paperwork

With the possible exception of a slight increase in the number of citations issued by the Department during the first few months after the regulation takes effect, an increase in paperwork is not expected. The proposed regulations will not impose any reporting requirements or other paperwork on any private or public entity.

7. Duplication

There is no duplication, overlap, or conflict with State or Federal rules. The proposed regulations will not duplicate, overlap or conflict with other rules and legal requirements of State and Federal governments.

8. Alternative approaches

The no action alternative would retain existing regulations on that part of the property designated as Zoar Valley Multiple Use Area. Zoar Valley Unique Area would not have any special regulations. It is the Unique Area portion of the former Multiple Use Area that has had most of the problems in the past. Without revising the regulations, the resources of the area would not be protected and the public would encounter unsafe conditions. Failure to prohibit alcoholic beverages will inevitably contribute to additional accidents on the property. Failure to prohibit certain recreational uses and allowing fires on the property would lead to degradation of the natural resources.

9. Federal standard

The proposed regulations do not exceed any minimum standards of the Federal government. There are no relevant federal standards to these related regulations.

10. Compliance schedule

The proposed regulations do not impose any compliance requirements or mandates, therefore, there is no compliance schedule. The proposed regulation will become effective on the date of publication of the rulemaking in the New York State Register. Once the regulations are adopted, they are effective immediately.

A Regulatory Flexibility Analysis for Small Businesses and Local Governments is not submitted with these regulations because the proposal will not impose any reporting, recordkeeping or other compliance requirements on small businesses or local governments.

Since there are no identified cost impacts for compliance with the proposed regulations on the part of small businesses and local governments, they would bear no economic impact as a result of this proposal. The proposed rule relates solely to protecting public safety and the natural resources on the Zoar Valley Multiple Use Area including the Zoar Valley Unique Area.

A Rural Area Flexibility Analysis is not submitted with this proposal because the proposal will not impose any reporting, record-keeping or other compliance requirements on rural areas. The proposed rule relates solely to protecting public safety and the natural resources on the Zoar Valley Multiple Use Area including the Zoar Valley Unique Area.

A Job Impact Statement is not submitted with this proposal because the proposal will have no substantial adverse impact on existing or future jobs and employment opportunities. The proposed rule relates solely to protecting public safety and the natural resources on the Zoar Valley Multiple Use Area including the Zoar Valley Unique Area.