[Federal Register Volume 75, Number 159 (Wednesday, August 18, 2010)]
[Notices]
[Pages 51099-51102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20338]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLWO120900-L10200000-PA0000; HAG-10-0097]
Final Supplementary Rules for Public Land in Oregon and
Washington
AGENCY: Bureau of Land Management, Interior.
ACTION: Final Supplementary Rules on the BLM lands in Oregon and
Washington.
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SUMMARY: The Bureau of Land Management (BLM) Oregon State Office is
proposing Final Supplementary Rules for the BLM lands within the States
of Oregon and Washington. These Final Supplementary Rules revise
existing supplementary rules. These revisions are necessary in order to
protect public land natural resources and provide for the public's
health and safety. They provide needed guidance in the areas of special
forest products and recreation, allow for the assessment of penalties
that are commensurate with the magnitude of prohibited acts, and
promote consistency among the BLM and other natural resource agencies.
[[Page 51100]]
DATES: Effective Date: These rules are effective September 17, 2010.
ADDRESSES: You may send inquires to the BLM, Office of Law Enforcement,
Oregon State Office, P.O. Box 2965, Portland, Oregon 97208.
FOR FURTHER INFORMATION CONTACT: State Staff Ranger Mike Roop, BLM,
Oregon State Office, 333 SW. 1st Ave., Portland, Oregon, 97204, 503-
808-6410 or [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The BLM proposed these Supplementary Rules in the Federal Register
on September 21, 2009 (74 FR 48096). These Supplementary Rules revise
existing Supplementary Rules. These revisions are necessary in order to
protect public land natural resources and provide for the public's
health and safety. They provide needed guidance in the areas of special
forest products and recreation, allow for the assessment of penalties
that are commensurate with the magnitude of prohibited acts, and
promote consistency between the BLM and other natural resource
agencies, including the U.S. Forest Service, National Park Service,
Oregon State Parks and Recreation Department, and the State of
Washington Department of Natural Resources. The BLM received one
substantive comment regarding the Juniper Dunes Off-Highway Vehicle
(OHV) area. The concern was about the definition of OHV/All Terrain
Vehicle (ATV) and the required use of helmets for OHV/ATV users on the
dunes. A revision was made to clarify the requirement. The occupants of
street legal, four-wheeled vehicles are not required to wear helmets
while in the Juniper Dunes OHV area. Otherwise, with the exception of
minor non-substantive grammatical and formatting changes, the Final
Supplementary Rules remain as proposed.
II. Discussion
These Final Supplementary Rules fill in gaps between existing
Supplementary Rules and provisions administered by other land
management agencies. The existing Supplementary Rules (70 FR 48584) for
Oregon and Washington public lands were published on August 18, 2005.
Currently, the BLM's forest and plant products program in Oregon
and Washington lacks specific rules with penalties for theft or permit
violations.
From Fiscal Year (FY) 2000 to FY 2007, the BLM in Oregon and
Washington experienced 533 firewood theft incidents and 372 forest
product theft incidents. These incidents involved sales of firewood at
makeshift sites located on public lands, and other commercial uses of
public lands that are not clearly prohibited in existing rules. The
Final Supplementary Rules enable the BLM to address such incidents.
Additionally, the current regulations do not adequately protect the
BLM's administrative and day-use sites in Oregon and Washington.
Administrative sites include fire guard stations, maintenance
buildings, ware yards, residences, and outbuildings. Day-use sites
include the Dean Creek Elk Viewing Site, interpretive pull-outs, picnic
areas, and other sites improved for public use during daylight hours.
The Final Supplementary Rules prohibit unauthorized entry and overnight
use of administrative and day-use sites.
Supplementary Rules are also necessary to address the Juniper Dunes
OHV/ATV area. In the spring of 2007, the BLM obtained an easement for
public access to the Juniper Dunes OHV/ATV area in Franklin County,
which is located in southeast Washington State. The BLM constructed
parking areas and an informational kiosk. After development, the BLM
realized the existing rules did not address safety concerns adequately.
In May 2007, the BLM posted temporary rules at the Dunes and in the BLM
Spokane District Office. These rules were based on safety concerns and
modeled on the State of Washington OHV/ATV regulations, and were
intended to reduce conflicts with and damage to adjacent private
landowners. The Final Supplementary Rules for the Juniper Dunes OHV/ATV
area replace the temporary rules, which have reduced safety issues and
user/resident conflicts.
Finally, Supplementary Rules are also necessary in order to address
the process and requirements for permit applications and
investigations. The wording of the Final Supplementary Rule is
identical to the National Park Service (36 CFR 2.32 (a)(4)) and the
U.S. Forest Service (36 CFR 261.3(b)) rules.
III. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
The Final Supplementary Rules do not constitute a ``significant
regulatory action,'' and are not subject to review by the Office of
Management and Budget under Executive Order 12866. The Final
Supplementary Rules will not have an effect of $100 million or more on
the economy. They 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. The Final Supplementary Rules will not create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency. The Final Supplementary Rules do not alter the
budgetary effects of entitlements, grants, user fees, or loan programs
or the rights or obligations of their recipients, and they do not raise
novel legal or policy issues. They merely impose rules of conduct and
impose other limitations on certain recreational and commercial
activities on certain public lands to protect natural resources and
human health and safety.
National Environmental Policy Act
The BLM has found that the Final Supplementary Rules are of a
procedural nature and thus are categorically excluded from
environmental review under Section 102(2)(C) of the National
Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4332(C), pursuant to
43 CFR 46.210(i). In addition, the Final Supplementary Rules do not
present any of the 12 extraordinary circumstances listed at 43 CFR
46.215. Pursuant to the White House Council on Environmental Quality's
regulations (40 CFR 1508.4) and the environmental regulations,
policies, and procedures of the Department of the Interior, the term
``categorical exclusions'' means a category of actions which do not
individually or cumulatively have a significant effect on the human
environment and that have been found to have no such effect in
procedures adopted by a Federal agency and for which neither an
environmental assessment nor an environmental impact statement is
required.
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act of 1980 (RFA), 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
should have no effect on business entities of any size. They would
merely impose reasonable restrictions on certain recreational or
commercial activities on public lands in order to protect natural
resources and the environment and provide for human health and safety.
Therefore, the BLM has determined, under the RFA, that these Final
Supplementary Rules would
[[Page 51101]]
not have a significant economic impact on a substantial number of small
entities.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
The Final Supplementary Rules do not constitute a ``major rule'' as
defined at 5 U.S.C. 804(2). The Final Supplemental Rules would not
result in an effect on the economy of $100 million or more, an increase
in costs or prices, or significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
United States-based enterprises to compete with foreign-based
enterprises in domestic and export markets. They would merely impose
reasonable restrictions on certain recreational and illegal commercial
activities on certain public lands to protect natural resources, the
environment, and human health and safety.
Unfunded Mandates Reform Act
The 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. They would not have a significant or unique
effect on State, local, or Tribal governments or the private sector.
They would merely impose reasonable restrictions on certain
recreational activities on certain public lands to protect natural
resources and the environment and human health and safety. They also
specifically call for compliance with State laws and regulations.
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)
The Final Supplementary Rules do not constitute a government action
capable of interfering with constitutionally protected property rights.
Therefore, the BLM has determined that the rule would not cause a
taking of private property or require preparation of a takings
assessment under this Executive Order.
Executive Order 13132, Federalism
The Final Supplementary Rules would not have a substantial, direct
effect on the States, on the relationship between the Federal
government and the States, or on the distribution of power and
responsibilities among the various levels of government. The Final
Supplementary Rules, in several instances, call for compliance with
State law. Therefore, in accordance with Executive Order 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
The BLM has determined that the Final Supplementary Rules do not
unduly burden the judicial system and meet the requirements of sections
3(a) and 3(b)(2) of Executive Order 12988.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, the BLM has found that
these Final Supplementary Rules will not result in significant changes
to BLM policy and that tribal governments will not be unduly affected
by this rule. This rule has no bearing on trust lands or on lands for
which title is held in fee status by Indian Tribes of U.S. Government-
owned lands managed by the Bureau of Indian Affairs.
Information Quality Act
In developing the Final Supplementary Rules, the BLM did not
conduct or use a study, experiment, or survey requiring peer review
under the Information Quality Act (Section 515 of Pub. L. 106-554).
Executive Order 13211, Effects on the Nation's Energy Supply
The Final Supplementary Rules have no implications under Executive
Order 13211.
Paperwork Reduction Act
These Final Supplementary Rules do not contain information
collection requirements that the Office of Management and Budget must
approve under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
Author
The principal author of these Final Supplementary Rules is Mike
Roop, State Staff Ranger, Bureau of Land Management.
For the reasons stated in the preamble and under the 43 CFR 8365.1-
6, 43 U.S.C. 1740, 16 U.S.C. 670h(c)(5), and 43 U.S.C. 315a, the BLM
Oregon/Washington State Director proposes to issue supplementary rules
for public lands managed by the BLM in Oregon and Washington, to read
as follows:
Supplementary Rules for Oregon and Washington
Definitions
ATV/OHV means any motor vehicle designed for or capable of cross-
country travel on or immediately over land, water, sand, snow, ice,
marsh, swamp land, or other natural terrain.
Authorized Employee means any employee of the Bureau of Land
Management who has been designated the authority to perform the duties
in these rules.
Commercial Use means a use or activity for which an entry or
participation fee is charged or for which the primary purpose is the
sale of a good or service and, in either case, regardless of whether
the use or activity is intended to produce a profit.
Damage means to injure, mutilate, deface, destroy, cut, chop,
girdle, dig, excavate, or kill.
Day-Use Area means an area that is to be utilized in the hours of
daylight or within the posted hours of operation. No camping is
allowed.
Forest or Plant Product means all vegetative material that is not
normally measured in board feet but can be sold or removed from public
lands by means of the issuance of a contract or permit.
Street Legal, Four-Wheeled Vehicle means any vehicle with four
wheels, which meets the state vehicle equipment requirements for a
passenger vehicle, is registered with a state Department of Motor
Vehicles, and carries vehicle insurance.
Prohibited Acts:
Unless otherwise authorized, the following acts are prohibited on
public lands within Oregon and Washington:
1. Forest or Plant Products.
(a) You must not cut or otherwise damage any timber, tree, other
forest product or plant, either live or dead, except as authorized by
written permit, special-use authorization, contract, Federal law or
regulation, or with written permission from an authorized employee.
(b) You must not remove any timber, tree, other forest product or
plant, either live or dead, without authorization by written permit,
special-use authorization, contract, or Federal law or regulation, or
without written permission from an authorized employee.
(c) You must not fail to properly tag, mark, or transport any
forest product or plant, either live or dead, as required by Federal or
State regulation or law.
(d) You must not fail to possess and properly fill out any permit
paperwork as required by Federal or State permit stipulation,
regulation, or law.
[[Page 51102]]
(e) You must not violate the terms or conditions of any BLM-issued
permit.
(f) You must not dispose of, burn, or possess any type of firewood
or wood pallets containing nails, screws, or other metal hardware.
(g) You must not introduce new species without authorization.
(h) You must not possess, use, or store any hay, straw, or mulch
that has not been certified as free of prohibited noxious vegetative
parts and/or seeds at any time of the year. Certification must comply
with the State, Regional, or Federal Weed-Free Forage Certification
Standards.
2. Day-Use Areas.
(a) You must not enter or use any day-use area before or after the
posted use hours.
(b) You must not enter any closed day-use area.
3. Commercial Use Permits.
(a) You must not operate any commercial business on public lands
without a permit or written permission from an authorized employee.
(b) You must not violate the terms or conditions of any BLM-issued
permit.
(c) You must not conduct research projects or scientific studies
without a permit.
4. Juniper Dunes ATV/OHV Use Area.
(a) You must wear an industry-approved safety helmet when operating
a motorcycle or ATV/OHV on all BLM public or leased lands and roads
within the Juniper Dunes area. This requirement does not apply to
occupants of street-legal, four-wheeled vehicles.
(b) You must not carry a passenger when operating a motorcycle or
ATV/OHV on BLM public lands and roads unless the ATV/OHV is designed by
the manufacturer to carry a passenger.
(c) You must not operate a motorcycle or ATV/OHV without a safety
flag while on BLM lands in the Juniper Dunes. All such vehicles must
have a whip mast and a 6-inch x 12-inch red/orange safety flag. Flags
may be of pennant, triangle, square, or rectangular shape. Safety flags
must be attached within 10 inches of the tip of the whip mast with club
or other flags mounted below the safety flag or on another whip. Masts
must be a minimum of 6 feet in height/length or industry standard
height/length.
(d) You must not operate a motorcycle or ATV/OHV without a safety
flag on Peterson Road, Juniper Road, Smith Canyon Road, and/or
Wilderness Road. Safety flags are not required for street-legal, four-
wheeled passenger vehicles on those roads.
(e) You must not use wood pallets for any type of fire on BLM lands
or roads in the Juniper Dunes area.
(f) You must not race or drive recklessly or carelessly on Peterson
Road, Juniper Road, Smith Canyon Road, and/or Wilderness Road.
5. Administrative Sites.
(a) You must not enter or climb on any BLM buildings or structures,
occupied or unoccupied, unless authorized.
(b) You must not operate or park any motorized vehicle on any
closed service road or any closed BLM residential road or any area
adjacent to a BLM building.
(c) You must not stay or park overnight on the grounds of any BLM
residential building, unless authorized.
(d) You must not enter any closed BLM residential or work area,
unless authorized.
6. Conduct.
You must not give any false, fictitious, or fraudulent report or
other misleading information:
(a) To a BLM officer investigating an accident or violation of law
or regulation;
(b) to an authorized employee engaged in his/her official duties;
or
(c) on an application for a permit.
Exemptions: The following persons are exempt from these rules: any
Federal, State, or local officer or employee acting within the scope of
his/her duties; members of any organized rescue or firefighting force
in performance of an official duty; and any person authorized in
writing by the BLM.
Penalties
Any person who violates any of these supplementary rules on public
lands in grazing districts (see 43 U.S.C. 315a) or public lands leased
for grazing under 43 U.S.C. 315m, may be tried before a United States
Magistrate Judge, 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 supplementary rules on public
lands subject to a conservation and rehabilitation program implemented
by the Secretary of the Interior under 16 U.S.C. 670g et seq. (Sikes
Act), may be tried before a United States Magistrate Judge, 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.
Public lands under Section 303(a) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1733(a)) and 43 CFR 8360-7, any
person who violates any of these supplementary rules may be tried
before a United States Magistrate Judge and fined no more than $1,000
or imprisoned for no more than 12 months or both. Such violations may
also be subject to the enhanced fines provided for by 18 U.S.C. 3571.
Edward W. Shepard,
State Director, Oregon/Washington.
[FR Doc. 2010-20338 Filed 8-17-10; 8:45 am]
BILLING CODE 4310-33-P