[Federal Register Volume 68, Number 115 (Monday, June 16, 2003)]
[Notices]
[Pages 35698-35700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15055]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[MT-100-1220-AF]


Proposed Supplementary Rules for the Lower Blackfoot River 
Corridor; Montana

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed supplementary rules for recreation use of public lands 
along the Blackfoot River and McNamara Road, Missoula County, Montana.

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SUMMARY: This notice proposes supplementary rules incorporating 
restrictions on recreation use on public lands located within one 
quarter mile on either side of the Blackfoot River and/or McNamara Road 
extending from Johnsrud Park upstream for approximately 10 miles. The 
proposed supplementary rules are necessary to address resource 
protection needs identified in the Lower Blackfoot Corridor 
Environmental Assessment, MT-100-00-02.

DATES: You should submit your comments by July 16, 2003. In developing 
final rules, BLM may not consider comments postmarked or received in 
person or by electronic mail after this date.

ADDRESSES: You may mail or deliver comments on the proposed 
supplementary rules to Field Manager, Bureau of Land Management, 
Missoula Field Office, 3255 Fort Missoula Road, Missoula, Montana 
59804. You may also comment by internet e-mail at the following 
address: [email protected].

FOR FURTHER INFORMATION CONTACT: Nancy Anderson, Missoula Field Office, 
3255 Fort Missoula Road, Missoula, Montana 59804, (406) 329-3914.

SUPPLEMENTARY INFORMATION: 

I. Comment Procedure
II. Background
III. Discussion of Supplementary Rules
IV. Procedural Matters

I. Comment Procedure

A. How Do I Comment on the Proposed Supplementary Rules?

    If you wish to comment, you may submit your comments by any one of 
several methods.
    You may mail comments to Field Manager, Bureau of Land Management, 
Missoula Field Office, 3255 Fort Missoula Road, Missoula, Montana 
59804.
    You may deliver comments to the Missoula Field Office, 3255 Fort 
Missoula Road, Missoula, Montana 59804.
    You may comment via email to [email protected]. If you do 
not receive a confirmation that we have received your electronic 
message, contact us directly at (406) 329-3914.
    Please submit your comments on issues related to the proposed 
supplementary rules, in writing or in email, to any of these addresses. 
Comments on the proposed supplementary rules should be specific, should 
be confined to issues pertinent to the proposed supplementary rules, 
and should explain the reason for any change you recommend. 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 or comments 
delivered to an address other than those listed above.

B. May I Review Comments Submitted By Others?

    Comments, including names and street addresses of respondents, will 
be available for public review at the address listed under ``ADDRESSES: 
Mail or personal delivery'' during regular business hours (8 a.m. to 
4:30 p.m.), Monday through Friday, except Federal holidays.
    Individual respondents may request confidentiality, which we will 
honor to the extent allowable by law. If you wish to withhold your name 
or address, except for the city or town, you must state this 
prominently at the beginning of your comment. We will make all 
submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, available to public inspection in their entirety.

[[Page 35699]]

II. Background

    The Blackfoot River Recreation Corridor is a multi-cooperative 
partnership consisting of private landowners, Montana Department of 
Fish, Wildlife and Parks, and BLM. This partnership was established in 
the 1970s to provide protection of natural resources and private 
property and to provide public safety along 26 miles of free flowing 
Blackfoot River.
    In its June 1997 Lower Blackfoot River Assembled Land Exchange 
Environmental Assessment (MT-074-07-06), the BLM stated that 
``recreation along the Blackfoot River would continue to be managed 
under the existing Blackfoot River Recreation Corridor Landowner's 
Agreement.''
    In 1998, BLM began acquiring land within the corridor. BLM now 
manages approximately 12,000 acres of land upstream from Johnsrud Park.
    Since 1999, BLM has managed this area under an interim restriction 
order under 43 CFR 8364.1(d). This order contains prohibited acts 
related to camping, motor vehicle use, public safety, and resource 
protection.
    In 2001, BLM completed the Lower Blackfoot Corridor Environmental 
Assessment. You may obtain the Environmental Assessment, upon which 
these supplementary rules are based, from the Missoula Field Office.
    The lands affected by these rules are public lands in Missoula 
County, Montana, in the following sections:

T. 14 N., R. 15 W.,
    Secs. 18 and 19.
T. 13 N., R. 16 W.,
    Secs. 4, 5, and 6.
T. 14 N., R. 16 W.,
    Secs. 13 and 14, 20 to 29, inclusive, 32 and 33.

III. Discussion of Supplementary Rules

    Implementing these supplementary rules will establish consistency 
with the existing Montana Department of Fish, Wildlife and Parks' 
Blackfoot River Recreation Corridor rules. The proposed supplementary 
rules are consistent with the interim restriction order and are 
supported by the Lower Blackfoot Corridor Environmental Assessment MT-
100-00-02.
    BLM is proposing these supplementary rules under the authority of 
43 CFR 8365.1-6.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These proposed 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 would 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 would 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 would 
not create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency. The supplementary rules 
would not alter the budgetary effects of entitlements, grants, user 
fees, or loan programs or the right or obligations of their recipients; 
nor would 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) 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 of conduct for certain recreational lands in Montana. 
These rules are designed to protect the environment and the public 
health and safety. 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 of conduct for recreational use of certain public lands. 
The supplementary rules would have no effect on business--commercial or 
industrial--use of the public lands.

Unfunded Mandates Reform Act

    These supplementary rules would not impose an unfunded mandate on 
state, local, or tribal governments or the private sector of more than 
$100 million per year; nor would these proposed supplementary rules 
have a significant or unique effect on State, local, or tribal 
governments or the private sector. The supplementary rules would 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 35700]]

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 would 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 would 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.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, we have found that these 
proposed supplementary rules do not include policies that have tribal 
implications. The supplementary rules contain only rules of conduct for 
recreational use of certain public lands managed by BLM.

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. Under 
the authority of 43 CFR 8365.1-6, BLM proposes the following 
supplementary rules on public lands of the Blackfoot River Corridor \1/
4\ mile on either side of the Blackfoot River and/or McNamara Road.

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

Supplementary Rules for the Blackfoot River Corridor \1/4\ Mile on 
Either Side of the Blackfoot River or McNamara Road, or Both

Sec. 1 Prohibited Acts.
    On public lands in secs. 18 and 19, T. 14 N., R. 15 W., secs. 4, 5, 
and 6, T. 13 N., R. 16 W., and secs. 13 and 14, 20 to 29, inclusive, 32 
and 33, T. 14 N., R. 16 W., Principal Meridian, Montana, that are 
within \1/4\ mile on either side of the Blackfoot River or McNamara 
Road, or both, you must not:
    a. Camp outside of designated sites or areas.
    b. Light or maintain a fire except in designated areas or 
established by government fire rings.
    c. Operate a motor vehicle off a designated trail, road, or route.
    d. Collect firewood for other than on-site use. You may burn only 
dead and down wood.
    e. Discharge a firearm or projectile (except for legal game hunting 
purposes as established by the Montana Department of Fish, Wildlife and 
Parks), or engage in other recreational shooting including, but not 
limited to, plinking, target shooting, or shooting varmints, etc.
    f. Use a firework.
    g. Violate a posted regulation pertaining to the protection of 
natural resources or public safety.
    h. Occupy or camp at an area longer than 7 days during any 30-day 
period.
Sec. 2 Exemptions From the Supplementary Rules.
    Persons who are exempt from these supplementary rules include any 
Federal, state, or local officer, and members of any organized search 
and rescue team or firefighting force in performance of an official 
duty, BLM employees on official administrative business, and any person 
authorized by the BLM.
Sec. 3 Penalties.
    On 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 8360.0-7, 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 $1000 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.

[FR Doc. 03-15055 Filed 6-13-03; 8:45 am]
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