[Federal Register Volume 70, Number 27 (Thursday, February 10, 2005)]
[Notices]
[Pages 7117-7119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2540]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[MT-072-1220-EB]


Notice of Final Supplementary Rules for Developed Recreation 
Sites Within the Area Managed by the Butte Field Office; Montana

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: The Bureau of Land Management (BLM), Butte Field Office, is 
implementing supplementary rules. These supplementary rules will apply 
to the public lands within developed recreation sites managed by the 
Butte Field Office. The BLM has determined these supplementary rules 
are necessary to: Protect natural resources in the areas; protect 
public health; enhance the safety of area visitors and neighboring 
residents; and provide a more equitable means for visitors to obtain 
overnight camping units within developed recreation sites where demand 
is the highest.

EFFECTIVE DATE: The rules are effective February 10, 2005.

ADDRESSES: Bureau of Land Management, Butte Field Office, 106 N. 
Parkmont, Butte, Montana 59701, [email protected].

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

SUPPLEMENTARY INFORMATION:

I. Background

    The BLM is establishing these supplementary rules under the 
authority of 43 CFR 8365.1-6, which allows BLM State Directors to 
establish such rules for the protection of persons, property, and 
public lands and resources. This provision allows the BLM to issue 
rules of less than national effect without codifying the rules in the 
Code of Federal Regulations. Upon completion, the rules will be 
available for inspection in the Butte Field Office; the rules will be 
posted at the sites, and will be published in a newspaper of general 
circulation in the affected vicinity.
    The overall program authority for the operation of these developed 
recreation sites is found in sections 302 and 310 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1732, 1740).
    The developed recreation sites where fees are charged are managed 
under the Recreation Fee Demonstration Project, which allows the BLM to 
collect fees and use the revenues for the management of recreation 
sites within the state where the fees are collected. BLM published 
these rules on September 15, 2004 (69 FR 55651).

II. Areas Covered by the Supplementary Rules

    The supplementary rules containing rules of conduct apply to all 
developed recreation sites within the area managed by the Butte Field 
Office. A second set of the supplementary rules relating to permits and 
camp unit administration apply to all recreation fee sites managed by 
the Butte Field Office.

III. Discussion of the Supplementary Rules

    The following provides a summary background of the rules of conduct 
in section 1 of the supplementary rules and the administrative rules in 
section 2 may need a background summary.
    a. We require that you pay for boat ramp and other day-use 
facilities before you launch or otherwise use them, rather than waiting 
for the end of the

[[Page 7118]]

day when you may be in a hurry to return home. For those camping in 
recreation fee sites, BLM personnel will advise you what units are 
available. Once you select a camp unit, you must return to the entrance 
station to make payment and complete your registration.
    b. Each camp unit has a wooden post to which you must attach your 
payment receipt. This way, we can see that you are properly registered 
without searching around your vehicle or otherwise bothering you during 
your visit.
    c. We have had problems with people claiming or holding camp units 
for friends arriving later by placing coolers, deck chairs, vehicles, 
or other equipment on the units. This is unfair to other visitors. Our 
camp units are available on a first-come, first-served basis.
    d. Because of increased demand for camping units within our 
developed recreation sites, we have reduced the length-of-stay rule 
from 14 days to seven days for some recreation sites, as listed.
    e. With respect to visitors' claiming extra boat dock slips, the 
reasoning applied to the claiming of extra camp units in paragraph c., 
discussed above, applies equally to extra boat dock slips.
    f. We have had problems with vandalism and after-dark keg parties 
getting out of hand at the Clark's Bay day-use recreation site, so we 
close the site temporarily each day to vehicles and social gatherings 
from dusk to 9 a.m., from May through September, and for the entire day 
from October through April. Individuals wishing to hike, jog, walk 
their dogs, or otherwise make pedestrian use of the site during the 
closure periods are welcome to do so.

IV. Discussion of Public Comments

    No comments were received and, consequently, no discussion is 
needed.

V. 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 the 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 sites. 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 supplementary rules do 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 public lands. 
Therefore, the BLM has determined, under the RFA, that these 
supplementary rules will 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, the 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)

    These 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 these supplementary 
rules do not cause a taking of private property or require further 
discussion of takings implications under Executive Order 12630.

Executive Order 13132, Federalism

    These supplementary rules do 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, the 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 do 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.

[[Page 7119]]

Supplementary Rules
    Section 1: Under 43 CFR 8365.1-6, the Bureau of Land Management 
will enforce the following rules for developed recreation sites within 
the area managed by the Butte Field Office, Montana.
    a. You may not engage in any activities that disturb other campers 
between 10 p.m. and 7 a.m.
    b. Your pets must be controlled on leashes and their droppings 
picked up and disposed of.
    c. You must not swim outside of designated, roped-off areas.
    d. You may not bring livestock into a developed recreation site.
    e. You may not claim or hold extra camp units for yourself or 
others.
    f. You may only use day-use docks for short term (10 minutes) 
loading and unloading.
    g. You must not leave your camp unit or any property unattended for 
more than a period of 24 consecutive hours.
    Section 2: In addition to the rules in Section 1 of these 
supplementary rules, the following additional rules apply to all 
recreation fee sites managed by the Butte Field Office.
    a. You must pay established fees, and fill out all registration 
material, in advance of using a boat ramp or other day-use facility, or 
immediately upon selecting a camp unit.
    b. You must display your receipt of payment at your camp unit post 
for overnight camping or, for day-use facilities, on the dashboard of 
your vehicle in a clearly visible manner.
    c. You must not camp or hold any camp unit longer than seven (7) 
consecutive days. This rule is limited to Holter Lake, Log Gulch, and 
Departure Point Recreation Sites.
    d. You may not use overnight dock slips unless you are a paid, 
overnight camper.
    e. You may not claim or hold extra boat dock slips for yourself or 
others.
    f. You must not drive a motor vehicle into the Clark's Bay day-use 
site, or use the day-use site for social gatherings, after dusk until 9 
a.m. the following day during the months of May through September, nor 
shall you conduct these uses in the site at any time during the months 
of October through April. Individuals wishing to make pedestrian use of 
the site during the closure periods are welcome to do so.
    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.

    Dated: December 28, 2004.
Martin C. Ott,
State Director.
[FR Doc. 05-2540 Filed 2-9-05; 8:45 am]
BILLING CODE 4310-$$-P