[Federal Register Volume 68, Number 115 (Monday, June 16, 2003)]
[Notices]
[Pages 35696-35698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15054]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[MT-072-1220-HB]


Notice of Proposed Supplementary Rules for Fee Collection Sites 
Within the Area Managed by the Butte Field Office; Montana

AGENCY: Bureau of Land Management, Butte Field Office, Montana, 
Interior.

ACTION: Proposed supplementary rules.

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SUMMARY: The Bureau of Land Management (BLM) Butte Field Office is 
proposing supplementary rules in order to regulate fee collection at 
sites administered under the Land and Water Conservation Fund (43 
U.S.C. 4601). The supplementary rules are necessary to help ensure that 
the public makes proper payment for recreational use of public lands 
facilities.

DATES: You should submit your comments on or before July 16, 2003. In

[[Page 35697]]

developing final rules, BLM may not consider comments postmarked or 
received in person or by electronic mail after this date.

ADDRESSES: You may hand-deliver comments or mail comments on the 
proposed rules to Bureau of Land Management, Butte Field Office, 106 N. 
Parkmont, Butte, Montana 59701. You may also comment via the Internet 
to: [email protected].

FOR FURTHER INFORMATION CONTACT: Brad Rixford, Outdoor Recreation 
Planner, 106 N. Parkmont, Butte, Monana 59701, 406-533-7600.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

    Please submit your comments on issues related to the proposed 
rules, in writing, according to the ADDRESSES section above. Comments 
on the proposed rule should be specific, should be confined to issues 
pertinent to the proposed rules, and should explain the reason for any 
recommended change. Where possible, your comments should reference the 
specific section or paragraph of the proposal that you are addressing. 
BLM may not necessarily consider or include in the Administrative 
Record for the final rule comments that BLM receives after the close of 
the comment period (see DATES) or comments delivered to an address 
other than those listed above (see ADDRESSES).
    BLM will make your comments, including your name and address, 
available for public review at the Butte Office address listed in 
ADDRESSES above during regular business hours (8 a.m. to 4:30 p.m., 
Monday through Friday, except Federal holidays).
    Under certain conditions, BLM can keep your personal information 
confidential. You must prominently state your request for 
confidentiality at the beginning of your comment. BLM will consider 
withholding your name, street address, and other identifying 
information on a case-by-case basis to the extent allowed by law. BLM 
will make available to the public all submissions from organizations 
and businesses and from individuals identifying themselves as 
representatives or officials of organizations or businesses.

II. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These supplementary rules are not a significant regulatory action 
and are not subject to review by Office of Management and Budget under 
Executive Order 12866. These supplementary rules will not have an 
effect of $100 million or more on the economy. They are not intended to 
affect commercial activity, but contain rules of conduct for public use 
of certain recreational areas. 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. These proposed supplementary rules will not 
create a serious inconsistency or otherwise interfere with an action 
taken or planned by another agency. The 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 they 
raise novel legal or policy issues.
Clarity of the Supplementary Rules
    Executive Order 12866 requires each agency to write regulations 
that are simple and easy to understand. We invite your comments on how 
to make these proposed supplementary rules easier to understand, 
including answers to questions such as the following:
    (1) Are the requirements in the proposed supplementary rules 
clearly stated?
    (2) Do the proposed supplementary rules contain technical language 
or jargon that interferes with their clarity?
    (3) Does the format of the proposed supplementary rules (grouping 
and order of sections, use of headings, paragraphing, etc.) aid or 
reduce their clarity?
    (4) Would the supplementary rules be easier to understand if they 
were divided into more (but shorter) sections?
    (5) Is the description of the proposed supplementary rules in the 
SUPPLEMENTARY INFORMATION section of this preamble helpful in 
understanding the proposed supplementary rules? How could this 
description be more helpful in making the supplementary rules easier to 
understand?
    Please send any comments you have on the clarity of the 
supplementary rules to the address specified in the ADDRESSES section.

National Environmental Policy Act

    The BLM has prepared an environmental assessment (EA) or management 
agreement and has found that the proposed supplementary rules would not 
constitute a major Federal action significantly affecting the quality 
of the human environment under section 102(2)(C) of the Environmental 
Protection Act of 1969 (NEPA), 42 U.S.C. 4332(2)(C). The supplementary 
rules merely contain rules to require payment of camping fees and 
display of tickets for use of certain recreational lands in Montana. 
These rules are designed to ensure proper payment for use of public 
land facilities. A detailed statement under NEPA is not required. BLM 
has placed the EA and the Finding of No Significant Impact (FONSI) on 
file in the BLM Administrative Record at the address specified in the 
ADDRESSES section. The BLM invites the public to review these documents 
and suggests that anyone wishing to submit comments in response to the 
EA and FONSI do so in accordance with the ``Public comment procedure'' 
section above.

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. The supplementary rules do not 
pertain specifically to commercial or governmental entities of any 
size, but to public recreational use of specific public lands. 
Therefore, BLM has determined under the RFA that these proposed 
supplementary rules would not have a significant economic impact on a 
substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    These supplementary rules do not constitute a ``major rule'' as 
defined at 5 U.S.C. 804(2). Again, the supplementary rules merely 
contain rules for fee payment for recreational use of certain public 
lands. The supplementary rules have no effect on business-commercial or 
industrial-use of the public lands.

Unfunded Mandates Reform Act

    These 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 proposed supplementary rules have a 
significant or unique effect on state, local, or tribal governments or 
the private sector. The supplementary rules do not require anything of 
state, local, or tribal governments. Therefore, 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.)

[[Page 35698]]

Executive Order 12630, Governmental Actions and Interference with 
Constitutionally Protected Property Rights (Takings)

    The supplementary rules do not represent a government action 
capable of interfering with constitutionally protected property rights. 
The 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 the 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

    The supplementary rules will 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. The supplementary rules affect land 
in only one state, Montana, and do not address jurisdictional issues 
involving the state government. Therefore, in accordance with Executive 
Order 13132, BLM has determined that these proposed supplementary rules 
do not have sufficient Federalism implications to warrant preparation 
of a Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the Office of the Solicitor has 
determined that these proposed 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 Order.

Paperwork Reduction Act

    These proposed supplementary rules do not contain information 
collection requirements that the Office of Management and Budget must 
approve under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

    Dated: May 7, 2003.
A. Jerry Meredith,
Acting State Director, Bureau of Land Management, Montana State Office.

Supplementary Rules for Fee Collection at Land and Water Conservation 
Fund Sites

    Under 43 CFR 8365 and 16 U.S.C. 4601-6a(e), the Bureau of Land 
Management will enforce the following rules on public land at Holter 
Lake, Holter Dam, Log Gulch, Departure Point, Devil's Elbow, Clark's 
Bay and Divide Recreation Sites. You must follow these rules:

Sec. 1 Fee Requirements

    a. You must pay the posted day use or camping fee.
    b. You must display your fee payment receipt at your campsite or 
on your vehicle.

Sec. 2 Penalties

    On public lands, under section 303(a) of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1733(a)), 43 CFR 8365.1-6 and 
U.S.C. 4601-6a(e) any person who violates any of these supplementary 
rules within the boundaries established in the rules may be tried 
before a United States Magistrate and fined no more than $100. Such 
violations may also be subject to the enhanced fines provided for by 
18 U.S.C. 3571.

[FR Doc. 03-15054 Filed 6-13-03; 8:45 am]
BILLING CODE 4310-DN-P