[Federal Register Volume 70, Number 37 (Friday, February 25, 2005)]
[Notices]
[Pages 9380-9384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3421]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[OR-930-1220-PA; HAG-04-0236]


Notice of Proposed Supplementary Rules on Public Land in Oregon 
and Washington

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed supplementary rules.

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SUMMARY: The Bureau of Land Management (BLM) Oregon State Office is 
proposing supplementary rules for public lands within the States of 
Oregon

[[Page 9381]]

and Washington. The rules are needed in order to protect the area's 
natural resources and provide for public health and safety. The rules 
are based on existing regulations and address camping and occupancy, 
vehicles and off-road vehicles, fire, conduct, firearms, sanitation and 
refuse and permits. The supplementary rules promote consistency between 
BLM and other natural resource agencies including the U.S. Forest 
Service, National Park Service, Oregon Parks and Recreation, and the 
Washington Department of Natural Resources.

DATES: Comments on the proposed supplementary rules must be received or 
postmarked by March 28, 2005 to be assured consideration. In developing 
final supplementary rules, BLM may not consider comments postmarked or 
received in person or by electronic mail after this date.

ADDRESSES: Comments may be mailed or hand-delivered to the Office of 
Law Enforcement, BLM, Oregon State Office, P.O. Box 2965, Portland, 
Oregon 97204.
    You may also comment via Internet e-mail: http://[email protected] (Include Attn: James Huff in your subject line).

FOR FURTHER INFORMATION CONTACT: James Huff, Oregon State Office, P.O. 
Box 2965, Portland, Oregon 97204, telephone (503) 808-6410. Persons who 
use a telecommunications device for the deaf (TDD) may contact this 
individual by calling the Federal Information Relay Service (FIRS) at 
(800) 877-8339, 24 hours a day, 7 days a week.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures
II. Background
III. Procedural Matters

I. Public Comment Procedures

Electronic Access and Filing Address

    You may view an electronic version of these proposed supplementary 
rules at BLM's Internet home page: http://www.blm.gov. You may also 
comment via the Internet to http://[email protected]. 
Please also include your name and return address in your Internet 
message, and include ``attn: James Huff.'' If you do not receive a 
confirmation from the system that we have received your Internet 
message, contact us directly at (202) 452-5030.

Written Comments

    Written comments on the proposed supplementary rules should be 
specific, confined to issues pertinent to the proposed supplementary 
rules, and should explain the reason for any recommended change. Where 
possible, comments should reference the specific section or paragraph 
of the proposal which the comment is addressing. BLM may not 
necessarily consider or include in the Administrative Record for the 
final rule comments that BLM receives after the close of the comment 
period (see DATES), unless they are postmarked or electronically dated 
before the deadline, or comments delivered to an address other than 
those listed above (See ADDRESSES).
    Comments, including names, street addresses, and other contact 
information of respondents, will be available for public review at 333 
SW 1st Avenue, Portland, Oregon, during regular business hours (7:45 
a.m. to 3:45 p.m.), Monday through Friday, except Federal holidays. 
Individual respondents may request confidentiality. If you wish to 
request that BLM consider withholding your name, street address, and 
other contact information (such as: Internet address FAX or phone 
number) from public review or from disclosure under the Freedom of 
Information Act, you must state this prominently at the beginning of 
your comment. BLM will honor requests for confidentiality on a case-by-
case basis to the extent allowed by law. BLM will make available for 
public inspection in their entirety all submissions from organizations 
or businesses, and from individuals identifying themselves as 
representatives or officials of organizations or businesses.

II. Background

    BLM is proposing these supplementary rules in order to promote 
consistency between BLM (on issues of camping and occupancy, vehicles 
and off-road vehicles, fire, conduct, firearms, sanitation and refuse) 
and other land management agencies including the U.S. Forest Service, 
National Park Service, Oregon State Parks and Recreation, and the 
Washington Department of Natural Resources. These supplementary rules 
will apply to the public lands within the states of Oregon and 
Washington. These rules are necessary to protect the area's natural 
resources and to provide for the public's health and safety, provide 
needed guidance in the areas of camping, occupancy, and recreation, and 
allow for the assessment of penalties that are more commensurate with 
the level of the prohibited acts.
    The supplementary rules are proposed under the authority of the 
Federal Land Policy and Management Act (FLPMA), 43 U.S.C. 1740, which 
applies to the public lands generally. This Act sets penalties at the 
Class A misdemeanor level. These proposed supplementary rules are also 
proposed under the authority of the Taylor Grazing Act, 43 U.S.C. 315a, 
which sets penalties at the Infraction level (Class C misdemeanor), and 
the Sikes Act, 16 U.S.C. 670h(c)(5), which sets penalties at the Petty 
Offense level (Class B misdemeanor). The Taylor Grazing Act applies to 
areas within grazing districts and leased grazing lands, which 
encompasses most BLM public lands east of the Cascade Mountains in 
Oregon and Washington and lands in southwest Oregon. The Taylor Grazing 
Act directs the Secretary to make such rules and regulations as are 
necessary to accomplish the purposes of the Act. These purposes include 
regulating the occupancy and use of public lands and preserving the 
land and its resources from destruction or unnecessary injury. The 
Sikes Act applies to areas where BLM, in cooperation with State 
agencies and following comprehensive plans developed under 16 U.S.C. 
670h, plans, develops, maintains, and coordinates programs for the 
conservation and rehabilitation of wildlife, fish, and game. This type 
of coordination occurs predominantly west of the Cascade Mountains 
under the Northwest Forest Plan, and includes the majority of those 
public lands. FLPMA, the Taylor Grazing Act, and the Sikes Act are all 
cited as authorities for promulgating 43 CFR 8365.1-6, the regulatory 
authority for supplementary rules.
    The State of Oregon recently revised its requirement for ORV 
registration, placing the burden of requiring registration on each land 
owner. Supplementary rule b.5 (below) makes ORV registration a 
requirement on public lands, as endorsed by the Oregon Parks and 
Recreation Department.

III. 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 proposed supplementary rules will 
not have an effect of $100 million or more on the economy. 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. 
These

[[Page 9382]]

proposed supplementary rules do not alter the budgetary effects of 
entitlements, grants, user fees, or loan programs or the rights or 
obligations of their recipients; nor do they raise novel legal or 
policy issues. They merely impose rules of conduct and impose other 
limitations on certain recreational activities on certain public lands 
to protect natural resources and human health and safety.

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 to your understanding of the proposed supplementary 
rules? How could this description be more helpful in making the 
proposed 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

    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). 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. 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 
Written Comments section above.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act of 1980 (RFA), 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. These proposed supplementary 
rules should have no effect on business entities of whatever size. They 
merely would impose reasonable restrictions on certain recreational 
activities on certain public lands to protect natural resources and the 
environment, and human health and safety. 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 proposed supplementary rules are not a ``major rule'' as 
defined at 5 U.S.C. 804(2). They would not result in an effect on the 
economy of $100 million or more, in an increase in costs or prices, or 
in significant adverse effects on competition, employment, investment, 
productivity, innovation, or on the ability of United States-based 
enterprises to compete with foreign-based enterprises in domestic and 
export markets. They would merely impose reasonable restrictions on 
certain recreational activities on certain public lands to protect 
natural resources and the environment, and human health and safety.

Unfunded Mandates Reform Act

    These proposed 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. They would merely impose reasonable 
restrictions on certain recreational activities on certain public lands 
to protect natural resources and the environment, and human health and 
safety. They also specifically call for compliance with State laws and 
regulations. 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 proposed supplementary rules do not represent a government 
action capable of interfering with Constitutionally protected property 
rights. Therefore, the Department of the Interior has determined that 
the rule would not cause a taking of private property or require 
preparation of a takings assessment under this Executive Order.

Executive Order 13132, Federalism

    The proposed 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 proposed 
supplementary rules in several instances call for compliance with State 
law. 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 determined 
that these proposed supplementary rules would not unduly burden the 
judicial system and that it meets 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.

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 of 1995, 44 U.S.C. 3501 et 
seq.

Author

    The principal author of these proposed supplementary rules is James 
Huff, State Staff Ranger, Oregon State Office, P.O. Box 2965, Portland, 
Oregon 97204.
    For the reasons stated in the preamble and under the authorities 
for supplementary rules found under 43

[[Page 9383]]

CFR 8365.1-6, 43 U.S.C. 1740, 16 U.S.C. 670h(c)(5), and 43 U.S.C. 315a, 
the Oregon/Washington State Director, Bureau of Land Management 
proposes to issue supplementary rules for public lands managed by the 
BLM in Oregon and Washington, to read as follows:

Supplementary Rules for Oregon and Washington

Definitions

    Camping: The erecting of a tent or shelter of natural or synthetic 
material, preparing a sleeping bag or other bedding material for use, 
parking of a motor vehicle, motor home or trailer, or mooring of a 
vessel for the apparent purpose of overnight occupancy.
    Occupancy: Full or part-time residence on public lands. It also 
means activities that involve residence; the construction, presence, or 
maintenance of temporary or permanent structures that may be used for 
such purposes; or the use of a watchman or caretaker for the purpose of 
monitoring activities. Residence or structures include, but are not 
limited to, barriers to access, fences, tents, motor homes, trailers, 
cabins, houses, buildings, and storage of equipment or supplies.
    Refuse: Trash, garbage, rubbish, waste papers, bottles or cans, 
debris, litter, oil, solvents, liquid waste, or other discarded 
materials.
    Off Road Vehicle (ORV): Any motorized vehicle capable of, or 
designed for, travel on or immediately over land, water, or other 
natural terrain, excluding: (1) any non-amphibious registered 
motorboat; (2) any military, fire, emergency, or law enforcement 
vehicle while being used for emergency purposes; (3) any vehicle whose 
use is expressly authorized by the authorized officer, or otherwise 
officially approved; (4) vehicles in official use; and (5) any combat 
or combat support vehicle when used in times of national defense 
emergencies.

a. Camping and Occupancy

    1. You must not camp longer than 14 days in a 28 day period at any 
one site on public land.
    2. After the 14 days have been reached, you must move at least 25 
air miles away from the previously occupied site.
    3. You must not leave any personal property or refuse after 
vacating the campsite or site.
    4. You must not leave personal property unattended in a day use 
area, campground, designated recreation area or on public lands for 
more than 24 hours.
    5. You must not establish occupancy, take possession of, or 
otherwise use public lands for residential purposes except as allowed 
under 43 CFR 3715.2, 3715.2-1, 3715.5, 3715.6, or with prior written 
authorization from the BLM.
    6. You must not block, restrict, place signs or otherwise interfere 
with the use of a road, trail, gate or other legal access to and 
through public lands without prior written authorization from the BLM.
    7. You must not camp in any area posted as closed to camping. 
Closure must be attained through a final land use planning decision, 
Federal Register notification, temporary closure order, or hazardous 
condition.
    8. If a campsite charges fees, you must register or pay camping 
fees within 30 minutes of occupying the camp site.
    9. Whenever camping in a developed campground or designated 
recreation area with established campsites, you must camp in a 
designated site.
    10. You must crate, cage, restrain on a leash which shall not 
exceed six feet in length, or otherwise physically control a pet or 
animal at all times while in a developed recreation site.
    11. You must pick up and properly dispose of pet excrement.

b. Vehicles and ORV

    1. You must not park or leave a vehicle or ORV in violation of 
posted instructions as established through a final land use planning 
decision, Federal Register notification, or other planning process.
    2. You must not stop or park a vehicle or ORV in a manner that 
obstructs or interferes with the normal flow of traffic, or creates a 
hazardous condition.
    3. You must not exceed posted speed limits.
    4. You must possess and properly display the current Oregon ORV 
registration sticker as required by BLM on public land in Oregon in 
accordance with Oregon Revised Statutes (ORS).
    5. You must not operate a motorized vehicle or ORV in violation of 
state laws and regulations relating to use, standards, registration, 
operation, and inspection.
    6. You must not operate an ORV on those areas, routes, and trails 
closed to off-road vehicle use as established through a final land use 
planning decision, Federal Register notification, or other planning 
process.
    7. You must not operate your ORV without a safety flag, where 
required by State law.
    8. You must not operate an ORV with a muffler that exceeds legal 
decibel levels as required by State law.
    9. You must not operate an ORV without required equipment as found 
in 43 CFR 8343.1 and State law.
    10. You must not operate an ORV carelessly, recklessly, or without 
regard for the safety of any person, or in a manner that endangers, or 
is likely to endanger, a person or property.
    11. You must not operate an ORV in a manner which damages or 
unreasonably disturbs the land, wildlife, improvements, property, or 
vegetative resources.

c. Fire

    1. You must not fail to observe state fire restrictions or 
regulations.
    2. You must not violate fire prevention orders.
    3. You must not leave a campfire unattended without fully 
extinguishing it.
    4. You must not use or possess fireworks in violation of State or 
Federal fire prevention order, law, or regulation.
    5. You must not allow a fire to escape from your control.
    6. You must not carelessly or negligently throw or place any 
ignited substance that may cause a fire.
    7. You must not fire any tracer bullet or incendiary ammunition.
    8. You must not throw any accelerant into a fire.
    9. You must not build a fire outside of fire rings or other fire 
structures provided by BLM, where these are present and required by 
fire restrictions.

d. Conduct

    1. You must not fail to disperse at the direction of an authorized 
officer.
    2. You must not engage in fighting, threatening, abusive, indecent, 
obscene, or offensive behavior.
    3. You must not make unreasonable noise based on location, time of 
day, proximity of neighbors, or in violation of posted regulations or 
direction from an authorized officer, or other factors that would 
govern the conduct of a reasonably prudent person.
    4. You must not create or maintain a hazardous or physically 
offensive condition.

e. Firearms

    1. You must not discharge a firearm or device that is designed for 
and capable of expelling a projectile by use of spring, air, gas or 
other explosive at any time into or from any area posted as a no-
shooting or a safety zone, or into or from any developed camp or 
recreation site. No-shooting zones are established through a final land 
use planning decision, Federal Register notification, or other planning 
process.
    2. You must not discharge or possess a firearm or explosive device 
in violation of State law.

[[Page 9384]]

f. Sanitation and Refuse

    1. You must not dispose of any cans, bottles or other refuse except 
in designated places or receptacles.
    2. You must not dump household, commercial, or industrial refuse 
onto public lands.
    3. You must not possess glass containers where prohibited as 
established through a final land use planning decision, Federal 
Register notification, or other planning process.
    4. You must not litter.

g. Other Acts

    1. You must not violate state laws relating to the use, possession, 
or consumption of alcohol or controlled substances.

Penalities

    On public lands in grazing districts (see 43 U.S.C. 315a) and on 
public lands leased for grazing under 43 U.S.C. 315m, any person who 
violates any of these supplementary rules may be tried before a United 
States Magistrate and fined no more than $500.00. Such violations may 
also be subject to the enhanced fines provided for by 18 U.S.C. 3571.
    On public lands subject to a conservation and rehabilitation 
program implemented by the Secretary under 16 U.S.C. 670g et seq. 
(Sikes Act), any person who violates any of these supplementary rules 
may be tried before a United States Magistrate and fined no more than 
$500.00 or imprisoned for no more than six months, or both. Such 
violations may also be subject to the enhanced fines provided for by 18 
U.S.C. 3571.
    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 8360-7, 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 $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.

Elaine M. Brong,
Oregon State Director, Bureau of Land Management.
[FR Doc. 05-3421 Filed 2-24-05; 8:45 am]
BILLING CODE 4310-33-P