[Federal Register Volume 69, Number 178 (Wednesday, September 15, 2004)]
[Notices]
[Pages 55651-55652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20756]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[MT-072-1220-HB]


Final Supplementary Rules for Fee Collection Sites Within the 
Area Managed by the Butte Field Office; MT

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: The Bureau of Land Management (BLM) Butte Field Office is 
implementing these 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: The final rules are effectively immediately.

ADDRESSES: Field Manager, Bureau of Land Management, Butte Field 
Office, 106 North Parkmont, Butte, Montana 59701. You may also contact 
the BLM by Internet e-mail at the following address: [email protected].

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

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

    No comments were received.

[[Page 55652]]

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.

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.

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.)

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 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.

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.

Martin C. Ott,
State Director.
[FR Doc. 04-20756 Filed 9-14-04; 8:45 am]
BILLING CODE 4310-$$-P