[Federal Register Volume 75, Number 105 (Wednesday, June 2, 2010)]
[Notices]
[Pages 30850-30852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13227]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLMT924000 L12200000.PM0000]
Final Supplementary Rules for Camping on Undeveloped Public Lands
in Montana, North Dakota, and South Dakota
AGENCY: Bureau of Land Management, Interior.
ACTION: Final supplementary rules.
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SUMMARY: The Bureau of Land Management (BLM) is issuing final
supplementary rules regarding time limits for camping and the storage
of personal property on undeveloped public lands managed by the BLM in
Montana, North Dakota, and South Dakota. These final supplementary
rules consolidate existing rules for camping on undeveloped BLM-
administered public lands throughout Montana, North Dakota, and South
Dakota. These final supplementary rules will supersede prior published
rules.
DATES: The rules are effective July 2, 2010.
ADDRESSES: You may submit suggestions or inquiries to Christina Miller,
Outdoor Recreation Planner, BLM Montana State Office, 5001 Southgate
Drive, Billings, MT 59101-4669.
FOR FURTHER INFORMATION CONTACT: Christina Miller, Outdoor Recreation
Planner, BLM Montana State Office, 5001 Southgate Drive, Billings,
Montana 59101-4669, (406) 896-5038.
SUPPLEMENTARY INFORMATION:
I. Background
II. Discussion of Comments
I. Background
The BLM proposed these final supplementary rules in order to
promote consistency between the BLM-managed public lands in Montana,
North Dakota, and South Dakota on issues of camping, occupancy, and the
storage of property on undeveloped public lands. These rules are
necessary to protect the area's natural resources, to provide for the
public's health and safety, and provide needed guidance in the areas of
camping, occupancy, and storage of personal property. These final
supplementary rules would not apply to locations that contain
structures or capital improvements (such as boat launch sites, picnic
areas, and interpretive centers) and that are used primarily by the
public for recreational purposes. Examples of such locations include
developed campgrounds, designated recreation areas, and special
recreation management areas. The BLM regulates the use and occupancy at
such developed locations in accordance with 43 CFR 8365.2-3. In
addition, site-specific rules for these locations remain in effect and
are posted at each site.
These final supplementary rules supersede rules previously
published at 72 FR 19958 (April 20, 2007). The rules in the Notice of
Camping Limits on Public Lands in Montana, South Dakota and North
Dakota required camps to be moved a minimum of 5 miles every 14 days.
These final supplementary rules allow camping at a particular location
for 16 days, either cumulatively or consecutively, during any 30-day
interval. The placing or leaving of unattended motor vehicles,
trailers, or other personal property for the purpose of reserving a
camping site is considered camping for the purpose of these final
supplementary rules. These changes will allow the public to remain in
the general area in which they wish to recreate while still achieving
the BLM's goal of protecting public lands and natural resources by
prohibiting long-term camps in a single location.
II. Discussion of Comments
These rules were published as proposed final supplementary rules on
August 13, 2009 in the Federal Register (74 FR 40839-40841). Comments
were solicited in that publication and could be submitted by mail,
electronic means, or by telephone.
No comments were received. Therefore, we are publishing the final
supplementary rules as proposed, with the exception of editorial
changes made for purposes of clarity.
III. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
These final supplementary rules are not a significant regulatory
action and are not subject to review by the Office of Management and
Budget under Executive Order (E.O.) 12866. These final supplementary
rules will not have an effect of $100 million or more on the economy.
These final supplementary rules will 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. These final
[[Page 30851]]
supplementary rules will not create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency.
These final supplementary rules do not alter the budgetary effects of
entitlements, grants, user fees, or loan programs or the right or
obligations of their recipients nor do these final supplementary rules
raise novel legal or policy issues. They establish limits for public
recreational use of undeveloped public lands in Montana, North Dakota,
and South Dakota to protect public lands and natural resources.
National Environmental Policy Act
The BLM prepared an environmental impact statement (EIS) as part of
the development of the resource management plan (RMP) for each district
office. During that National Environmental Policy Act (NEPA) process,
the proposed decisions were fully analyzed, including the substance of
these final supplementary rules. The pertinent analysis can be found in
Chapter 4, Environmental Consequences, of the RMP for each district
office. These final supplementary rules provide for enforcement of plan
decisions.
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act (RFA) of 1980, as
amended, 5 U.S.C. 601-612, to ensure that government regulations do not
unnecessarily or disproportionately burden small entities. The RFA
requires a regulatory flexibility analysis if a rule would have a
significant economic impact, either detrimental or beneficial, on a
substantial number of small entities. These final supplementary rules
do not pertain specifically to commercial or governmental entities of
any size, but to public recreational use of specific public lands.
Therefore, the BLM has determined under the RFA that these final
supplementary rules would not have a significant economic impact on a
substantial number of small entities.
Small Business Regulatory Enforcement Fairness Act
These final supplementary rules do not constitute a ``major rule''
as defined at 5 U.S.C. 804(2). Again, these final supplementary rules
merely establish limits for recreational use of certain public lands.
These final supplementary rules have no effect on business--commercial
or industrial--use of the public lands.
Unfunded Mandates Reform Act
These final supplementary rules do not impose an unfunded mandate
on state, local, or tribal governments, or the private sector of more
than $100 million per year nor do these final supplementary rules have
a significant or unique effect on state, local, or tribal governments,
or the private sector. These final supplementary rules do 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)
These final supplementary rules do not represent a government
action capable of interfering with constitutionally protected property
rights. These final supplementary rules do not address property rights
in any form and do not cause the impairment of anybody's property
rights. Therefore, the Department of the Interior has determined that
these final supplementary rules would not cause a taking of private
property or require further discussion of takings implications under
this Executive Order.
Executive Order 13132, Federalism
These final supplementary rules do not have a substantial direct
effect on the states, on the relationship between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government. These final
supplementary rules will have little or no effect on state or local
government. Therefore, in accordance with E.O. 13132, the BLM has
determined that these final supplementary rules do not have sufficient
federalism implications to warrant preparation of a Federalism
Assessment.
Executive Order 12988, Civil Justice Reform
Under E.O. 12988, the BLM has determined that these final
supplementary rules would not unduly burden the judicial system and
that they meet the requirements of Sections 3(a) and 3(b)(2) of the
Executive Order.
Paperwork Reduction Act
These final supplementary rules do not directly provide for any
information collection that the Office of Management and Budget must
approve under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). Any
information collection that may result from Federal criminal
investigations or prosecutions conducted in enforcing these final
supplementary rules is exempt from the provisions of the Paperwork
Reduction Act of 1995, 44 U.S.C. 3518(c)(1).
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
In accordance with E.O. 13175, the BLM has found that these final
supplementary rules do not include policies that have tribal
implications. These final supplementary rules provide for enforcement
of decisions adopted in the record of decision and thoroughly analyzed
in the EIS prepared for the RMP of each district office. During
preparation of the EIS, government-to-government consultation was
conducted with the tribal governments with interests in the affected
area. None of these tribal governments expressed concerns regarding the
decisions these final supplementary rules are designed to enforce.
Therefore, in accordance with E.O. 13175, the BLM has found that these
final supplementary rules do not include polices that have tribal
implications.
Author
The principal author of these final supplementary rules is
Christina Miller, Outdoor Recreation Planner, BLM, Montana State
Office. For the reasons stated in the Preamble, and under the authority
for supplementary rules found in 43 U.S.C. 1740, 16 U.S.C. 670h(c)(5),
43 U.S.C. 315a, and 43 CFR 8365.1-6, the Montana/Dakotas State
Director, BLM, proposes the following final supplementary rules for
camping on public lands within the States of Montana, North Dakota, and
South Dakota:
Final Supplementary Rules for Undeveloped BLM-Administered Lands in the
States of Montana, North Dakota, and South Dakota
Definitions
Camping: The erecting of a tent or shelter of natural or synthetic
material, preparing a sleeping bag or other bedding material for use,
parking of a motor vehicle, motor home, or trailer, or mooring of a
vessel for the apparent purpose of overnight occupancy. The placing or
leaving of unattended motor vehicles, trailers, or other personal
property for the purpose of reserving a camping site is considered
camping for the purpose of these final supplementary rules.
[[Page 30852]]
Personal Property: Ownership of any tangible article. Examples of
personal property include vehicles, furniture, boats, collectibles,
etc.
Refuse: Items or material discarded or rejected as useless or
worthless, trash or rubbish.
You must follow these rules:
These final supplementary rules apply, except as specifically
exempted, to all camping on undeveloped public lands managed by the
Montana State Office of the BLM within the states of Montana, North
Dakota, and South Dakota. These final supplementary rules are in effect
on a year-round basis and will remain in effect until modified by the
BLM.
1. You must not camp longer than 16 consecutive days at any one
location;
2. No person or group may camp within a single location on public
lands more than 16 days within any period of 30 consecutive days. The
16-day limit may be reached either by compiling individual visits
during a 30-day interval or by occupying a location continuously for 16
days during a 30-day interval. A 16-day interval begins when a person
initially camps or leaves vehicles or property at a site on public
lands;
3. After 16 days of camping in a single location, you must not camp
at that location until at least 30 days have passed, and any camp
relocation within that 30-day period shall not be within a one-half
mile radius from the original site. Under special circumstances and
upon request, the BLM may issue a written permit for extension of the
16-day limit;
4. You must not leave any personal property or refuse after
vacating the campsite. This includes any property left for the purposes
of use by another camper or occupant;
5. The time such property is left unattended at a site will be
counted toward the 16-day camping limit. (Unattended property is still
subject to the time limits found in 43 CFR 8365.1-2(b)); and
6. The following persons are exempt from these final supplementary
rules: any Federal, state, or local officer or employee in the scope of
their duties; members of any organized rescue or firefighting force in
performance of an official duty; and any person whose activities are
authorized in writing by the BLM.
Penalties
Penalties under these rules may depend on the location where a
violation occurs. The primary statutory authority for proposing these
final supplementary rules is the Federal Land Policy and Management Act
(FLPMA). Section 310 of FLPMA (43 U.S.C. 1740) authorizes the BLM to
issue rules and regulations to carry out the purposes of FLPMA and
other laws applicable to the public lands. Under Section 303(a) of
FLPMA, 43 U.S.C. 1733(a) and 43 CFR 8360.0-7, any person who violates
any of these final supplementary rules on any public lands may be tried
before a United States Magistrate and fined no more than $1,000 or
imprisoned for no more than 12 months, or both. Also, such violations
may be subject to the enhanced fines provided for by 18 U.S.C. 3571.
Under the Taylor Grazing Act, any person who violates any of these
final supplementary rules on public lands within grazing districts (see
43 U.S.C. 315a), or on public lands subject to a grazing lease (see 43
U.S.C. 315m), may be tried before a United States Magistrate and fined
no more than $500. Such violations may also be subject to the enhanced
fines provided for by 18 U.S.C. 3571.
Any person who violates any of these final supplementary rules on
public lands managed in accordance with the Sikes Act may be tried
before a United States Magistrate and fined no more than $500 or
imprisoned for no more than six months, or both. Such violations may
also be subject to the enhanced fines provided for by 18 U.S.C. 3571.
In accordance with 43 CFR 8365.1-7, state or local officials may
also impose penalties for violations of Montana, North Dakota, or South
Dakota law.
Gene R. Terland,
State Director, Montana State Office.
[FR Doc. 2010-13227 Filed 6-1-10; 8:45 am]
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