[Federal Register Volume 69, Number 77 (Wednesday, April 21, 2004)]
[Notices]
[Pages 21573-21575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8991]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[MT-050-1220-PM]


Supplementary Rules for the Lower Madison Recreation Area of the 
Dillon Field Office; Montana

AGENCY: Bureau of Land Management, Interior.

ACTION: Supplementary rules for the Lower Madison Recreation Area 
managed by the Dillon Field Office, Bureau of Land Management, Montana.

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SUMMARY: In accordance with the Lower Madison Recreation Area 
Management Plan, BLM publishes overnight camping fees and supplementary 
rules for all public lands located within the corridor of the lower 
Madison River, from the Bear Trap Canyon Wilderness to Black's Ford 
Fishing Access Site. The fees are necessary to help spread some of the 
costs for managing these lands among those who use them. They will help 
to recover the cost of managing camping and recreation related resource 
issues and improve recreation opportunities. The supplementary rules 
are necessary to maintain the public health and safety, and to protect 
the environment of the recreation area. They will help stop the spread 
of noxious weeds, reduce erosion, reduce fire hazards, prevent further 
damage to cultural resources, provide for public safety, and prevent 
damage to cultural and natural resources.

EFFECTIVE DATE: May 21, 2004.

ADDRESSES: You may send inquiries or suggestions to the Dillon Field 
Office, 1005 Selway Drive, Dillon, Montana 59725. You may obtain a copy 
of the Lower Madison Recreation Area Management Plan and/or 
Environmental Assessment from the Dillon Field Office, 1005 Selway 
Drive, Dillon, Montana 59725.

FOR FURTHER INFORMATION CONTACT: Susan James, Outdoor Recreation 
Planner, BLM Dillon Field Office, P.O. Box 765, Ennis, Montana 59729, 
406-682-4082.

SUPPLEMENTARY INFORMATION:

I. Background

    In 1996, to address increasing visitor use and impacts on the 
public lands and declining Federal budgets for recreation, Congress 
directed the U.S. Department of the Interior to implement the 
Recreation Fee Demonstration Program. The intent of the program is to 
help spread some of the costs for managing these lands among those who 
use them. The Dillon Field Office is one of the BLM fee demonstration 
pilot sites. All of the fees collected in the Lower Madison are 
returned to the Dillon Field Office for use in managing the area. 
Supplementary Rules for the Lower Madison Recreation Area are defined 
below.

Section 1. What Rules Apply in the Lower Madison Recreation Area?

    a. Overnight campers must pay the posted camping fee and display a 
fee payment receipt at the campsite as proof of payment.
    b. Vehicle travel is limited to the road surface of posted, 
designated routes.
    c. The entire area is closed to the discharge or use of firearms, 
except for the purpose of hunting during upland game, waterfowl, and 
big game hunting seasons. All developed and designated campgrounds, 
campsites, trailheads, and recreation access sites, including a safety 
zone of 50 feet, are closed to discharge of all firearms yearlong. This 
includes bow and arrow and fireworks.
    d. Camping is allowed only in signed, designated sites or within a 
developed campground. All campsites are limited to a maximum of 3 
vehicles per site unless otherwise indicated. Camping is restricted to 
a maximum of 14 days within any 28-day period, after which a person 
must move a minimum of 5 miles.
    e. Open fires must be completely contained within a permanently 
installed metal fire grate provided. Construction of rock fire rings, 
or use of any existing rock fire ring, is prohibited. The area is also 
closed to the collection of firewood and any chopping or destruction of 
trees dead or alive.
    f. Boat and raft launching is permitted only from developed 
designated launch sites.

Section 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)) 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 $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.

Section 3. Authorities

    a. The Omnibus Consolidated Rescissions and Appropriation Act of 
1996 (Pub. L. 104-134, Sec. 315) provides the authority for BLM to 
carry out the Recreational Fee Demonstration Program by charging and 
collecting fees in Pilot Fee Sites.
    b. Additional authorities for collecting user fees, implementing 
special regulations for visitor conduct, and imposing fines for 
noncompliance with regulations include the Federal Land Policy and 
Management Act of 1976, Public Law 94-579 (43 U.S.C. 1701 et seq.), the 
Land and Water Conservation Fund Act of 1965, Public Law 88-578 (16 
U.S.C. 460 (1-6a) et seq.), 43 CFR subpart 8372, and 43 CFR 8365.1-6, 
Supplementary Rules. Violation of any supplementary rule by a member of 
the public is punishable by a fine not to exceed $1,000 and/or 
imprisonment not to exceed 12 months. (43 CFR 8360.0-7)

II. Public Participation

    The public has been involved in planning for the management of the 
area. Public review under the National Environmental Policy Act (NEPA) 
did not generate comments specific to the subject matter of the 
supplementary rules. Following are steps the Dillon Field Office has 
taken to involve the public in planning for the area and developing the 
policies embodied in the supplementary rules:
     The Dillon Field Office held meetings with 
affiliated land managing agencies and interested user groups. Those 
agencies and groups include the Montana Department of Natural Resources 
and Conservation, the Montana Department of Fish, Wildlife and Parks, 
the Montana Department of Transportation, and Fishing Outfitters 
Association of Montana.

[[Page 21574]]

     In the fall of 1998, the Dillon Field Office 
began soliciting public input regarding future management of the 
planning area. At that time, BLM posted notices at the turnoff to the 
county road and Bear Trap Road requesting the public to contact the 
Dillion Field Office with comments. On January 28, 2000, BLM mailed a 
scoping letter to the public and other agencies that had expressed 
interest in the plan, and held public meetings.
     BLM mailed an Environmental Assessment (EA) on 
September 3, 2002, with a 30-day comment period, and issued a press 
release on October 18, 2002. On the same date, BLM mailed another 
letter to the mailing list of interested persons notifying them of the 
availability of the EA, and extending the comment period 30 days. BLM 
received several comments, most favoring the selected alternative. Some 
comments were outside the scope of the EA.
    Further, BLM already has regulatory authority to enforce the 
provisions in the supplementary rules. Publishing them as supplementary 
rules has two purposes:
     Providing BLM law enforcement personnel added 
enforcement capability; and
     Providing the recreating public better and more 
convenient information as to the applicable requirements.
    Therefore, BLM finds good cause to issue these supplementary rules 
in final form without further opportunity for public comment.

III. 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 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 supplementary rules easier to understand, including 
answers to questions such as the following:
    (1) Are the requirements in the supplementary rules clearly stated?
    (2) Do the supplementary rules contain technical language or jargon 
that interferes with their clarity?
    (3) Does the format of the supplementary rules (grouping and order 
of sections, use of headings, paragraphing, etc.) air 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 supplementary rules in the 
SUPPLEMENTARY INFORMATION section of this preamble helpful in 
understanding the 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 supplementary rules would not constitute a major Federal 
action significantly affecting the quality of the human environment 
under section 102(2)(C) of the National Environmental Policy 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 public lands. 
Therefore, BLM has determined under the RFA that these 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 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 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.)

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

[[Page 21575]]

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 will not unduly burden the 
judicial system and that they meet the requirements of sections 3(a) 
and 3(b)(2) of the Order.

Consultation and Coordination With Indian Tribal Governments (E.O. 
13175)

    In accordance with Executive Order 13175, we have found that this 
final rule does not include policies that have tribal implications. The 
supplementary rules do not affect lands held for the benefit of 
Indians, Aleuts, or Eskimos.

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.

    Dated: April 14, 2004.
Howard A. Lemm,
Acting State Director.
[FR Doc. 04-8991 Filed 4-20-04; 8:45 am]
BILLING CODE 4310-DN-M