[Federal Register Volume 69, Number 45 (Monday, March 8, 2004)]
[Notices]
[Pages 10743-10744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5094]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[MT-100-1220-AF]


Final Supplementary Rules for the Lower Blackfoot River Corridor; 
Montana

AGENCY: Bureau of Land Management, Interior.

ACTION: Final 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 contains final 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 
final supplementary rules are necessary to address resource protection 
needs identified in the Lower Blackfoot Corridor Environmental 
Assessment, MT-100-00-02.

EFFECTIVE DATE: The final rules are effective on April 7, 2004.

ADDRESSES: Field Manager, Bureau of Land Management, Missoula Field 
Office, 3255 Fort Missoula Road, Missoula, Montana 59804. You may also 
contact the BLM 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. Comments
II. Background
III. Discussion of Supplementary Rules
IV. Procedural Matters

I. Comments

    No comments received.

II. Background

    The Blackfoot River Recreation Corridor is a multi-cooperative 
partnership consisting of private landowners, Montana Department of 
Fish, Wildlife and Parks, and the Bureau of Land Management (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, the BLM began acquiring land within the corridor. The BLM 
now manages approximately 12,000 acres of land upstream from Johnsrud 
Park.
    Since 1999, the BLM has managed this area under an interim 
restriction order (43 CFR 8364.1 (d). This order contains prohibited 
acts related to camping, motor vehicle use, public safety, and resource 
protection.
    In 2001, the 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 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 
finalizing these supplementary rules under the authority of 43 CFR 
8365.1-6.

IV. 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 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 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 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 do they raise 
novel legal or policy issues.

National Environmental Policy Act

    The BLM has prepared an environmental assessment (EA) and has found 
that the 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.

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

[[Page 10744]]

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 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 supplementary rules have a 
significant or unique effect on state, local or tribal governments or 
the private sector. The supplementary rules would 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.).

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 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 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 3175, Consultation and Coordination With Indian Tribal 
Governments

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

Paperwork Reduction Act

    These 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.

Author

    The principal author of these supplementary rules is BLM Ranger 
Anthony Lue of the Missoula Field Office, BLM, assisted by Ted Hudson 
of the Regulatory Affairs Group, Washington Office, BLM.
    Under the authority of 43 CFR 8365.1-6, BLM issues the following 
supplementary rules on public lands of the Blackfoot River Corridor 
one-quarter mile on either side of the Blackfoot River and/or McNamara 
Road.

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 one-quarter 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 of 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

    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 on public lands 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.

    Dated: January 30, 2004.
Martin C. Ott,
State Director, Montana State Office.
[FR Doc. 04-5094 Filed 3-5-04; 8:45 am]
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