[Federal Register Volume 70, Number 159 (Thursday, August 18, 2005)]
[Notices]
[Pages 48584-48587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16162]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

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


Final Supplementary Rules on Public Land in Oregon and Washington

AGENCY: Bureau of Land Management, Interior.

ACTION: Final supplementary rules.

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SUMMARY: The Bureau of Land Management (BLM) Oregon State Office is 
implementing supplementary rules for public lands within the states of 
Oregon 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 
residency, vehicles and off-road vehicles, fire, conduct, firearms, 
sanitation and refuse and permits. The supplementary rules promote 
consistency between BLM rules on these topics and similar rules of 
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: The rules are effective August 18, 2005.

ADDRESSES: You may submit suggestions or inquiries to Recreation 
Program, Bureau of Land Management, Oregon State Office, P.O. Box 2965, 
Portland, Oregon, 97204, or via Internet e-mail to: http://[email protected] (Include Attn: Margaret Wolf).

FOR FURTHER INFORMATION CONTACT: Margaret Wolf, Oregon State Office, 
P.O. Box 2965, Portland, Oregon, telephone (503) 808-6061. 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. Background
II. Discussion of Comments

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III. Procedural Matters

I. Background

    BLM proposed 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 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.

II. Discussion of Comments

    These rules were published as proposed supplementary rules on 
February 25, 2005 in the Federal Register, (70 FR 9380-9384). Comments 
were solicited in that publication and could be submitted by mail, 
electronic means, or by telephone.
    No comments were received by e-mail, TDD, written submissions, or 
by telephone. Therefore, we are publishing the final supplementary 
rules as proposed, with the exception of editorial changes made for 
purposes of clarity.

III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These final 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 final 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 final supplementary 
rules will not create a serious inconsistency or otherwise interfere 
with an action taken or planned by another agency.
    These final 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.

National Environmental Policy Act

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

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 final 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 final supplementary rules would not have a 
significant economic impact on a substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    These final 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 final 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 Final 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

    The final 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

    These final 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. These final 
supplementary rules in several instances call for compliance with State 
law. Therefore, in accordance with Executive Order 13132, BLM has 
determined that these final 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 this final rule would not unduly burden the judicial 
system and that it meets the requirements of sections 3(a) and 3(b)(2) 
of the Order.

[[Page 48586]]

Executive Order 13175, Consultation and Coordination With Indian Tribal

    In accordance with Executive Order 13175, we have found that these 
final supplementary rules do not include policies that have tribal 
implications.

Paperwork Reduction Act

    These final 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 supplementary rules is Margaret Wolf, 
Oregon State Office, P.O. Box 2965, Portland, Oregon.
    For the reasons stated in the preamble and under the authorities 
for supplementary rules found under 43 CFR 8365.1-6, 43 CFR 8364.1, 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:

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.
    Campground/Designated Recreation Area/Developed Site/Special 
Recreation Management Area: Sites and areas that contain structures or 
capital improvements primarily used by the public for recreation 
purposes.
    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.

Supplementary Rules for Oregon and Washington

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 posting or 
positioning of a hazardous condition notice or barrier.
    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.

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    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.

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.
Penalties
    a. 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.
    b. 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. 16 U.S.C. 
670(a)(2). Such violations may also be subject to the enhanced fines 
provided for by 18 U.S.C. 3571.
    c. On public lands subject to the Federal Land Policy and 
Management Act of 1976, 43 U.S.C. 1701 et seq. , any person who 
violates any of these supplementary 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. 43 U.S.C. 1733(a); 43 CFR 8360.0-7. 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. 05-16162 Filed 8-17-05; 8:45 am]
BILLING CODE 4310-33-P