[Federal Register Volume 71, Number 154 (Thursday, August 10, 2006)]
[Notices]
[Pages 45845-45847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12927]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[MT-919-1990-NU-021E]


Notice of Supplementary Rules for Public Land in South Dakota

AGENCY: Bureau of Land Management, Interior.

ACTION: Direct final supplementary rules.

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SUMMARY: The Bureau of Land Management (BLM) South Dakota Field Office 
is publishing supplementary rules for public lands in the Fort Meade 
Recreation Area in the state of South Dakota. 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 use, camping and occupancy, vehicles and off-road vehicles, 
conduct, firearms and permits. The supplementary rules promote 
consistency between BLM and other natural resource agencies including 
the South Dakota Game, Fish & Parks Department.

DATES: These supplementary rules are effective October 10, 2006 without 
further action, unless adverse comment is received by September 11, 
2006. If adverse comment is received, BLM will publish a timely 
withdrawal of the supplementary rules in the Federal Register.

ADDRESSES: Comments may be mailed or hand-delivered to the Office of 
Law Enforcement, BLM, Montana/Dakotas State Office, P.O. Box 36800, 
Billings, MT 59107-6800.

FOR FURTHER INFORMATION CONTACT: Bart Fitzgerald, Special Agent in 
Charge, Montana/Dakotas State Office, (406) 896-5183. 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. Procedures for Submitting Comments
II. Background
III. Procedural Matters

I. Procedures for Submitting Comments

    Written comments on the direct final rule should be specific, 
confined to issues pertinent to the direct final rule, and should 
explain the reason for any recommended change. Where possible, comments 
should reference the specific section or paragraph of the supplementary 
rules that you are addressing. BLM may not necessarily consider or 
include in the Administrative Record for the final rule comments which 
BLM receives after the close of the comment period (See DATES) or 
comments delivered to an address other than those listed above (See 
ADDRESSES).
    Comments, including names, streets addresses, and other contact 
information of respondents, will be available for public review at the 
Montana/Dakotas State Office, 5001 Southgate Drive, Billings, MT, from 
7:45 a.m. to 4:30 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 publishing these supplementary rules in order to promote

[[Page 45846]]

consistency between BLM (on issues of use, camping and occupancy, 
vehicles and off-road vehicles, conduct, firearms, boating and permits) 
and other land management agencies including the South Dakota Game, 
Fish & Parks Department. These supplementary rules will apply to the 
public lands within the Fort Meade Recreation Area in the state of 
South Dakota. These rules are necessary to protect the area's natural 
resources and to provide for the public's health and safety, to provide 
needed guidance in the areas of camping, occupancy, and recreation, and 
to allow for the assessment of penalties that are more commensurate 
with the level of the prohibited acts.
    Maps of the affected areas are available at the South Dakota Field 
Office in Belle Fourche, SD. The areas also have signs marking the 
applicable boundaries.
    These supplementary rules were open to public comment upon 
publication of the South Dakota Field Office Resource Management Plan 
as proposed supplementary rules. No public comments were received; 
therefore, the rules are now being published as direct final rules. 
This means that they will go into effect on October 10, 2006, without 
further notice, unless we receive adverse comments by September 11, 
2006. In the event that we receive such comments on these direct final 
supplementary rules, we will withdraw the direct final supplementary 
rules and publish a proposed rule addressing the comments and making 
changes in the rules if necessary.

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

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.) 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 supplementary rules in the SUPPLEMENTARY 
INFORMATION section of this preamble helpful to your understanding of 
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

    BLM has prepared an environmental assessment (EA) and has found 
that the supplementary rules are not 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 supplementary rules should 
have no effect on business entities of whatever size. They merely 
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 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 are not a ``major rule'' as defined at 5 
U.S.C. 804(2). They will 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 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 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. They 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)

    These 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 
will not cause a taking of private property or require preparation of a 
takings assessment under this Executive Order.

[[Page 45847]]

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 in several 
instances call for compliance with state law. Therefore, in accordance 
with Executive Order 13132, 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 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.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, we have found that these 
supplementary rules do not include policies that have tribal 
implications. There are no Indian Reservations adjacent to the Fort 
Meade Recreation Area, nor are there any Indian Trust responsibilities 
issues such as mineral extraction or leases that affect the subject 
lands.

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

Author

    The principal authors of these supplementary rules are William 
McDonald, Law Enforcement Ranger, South Dakota Field Office, and Jason 
Caffey, Law Enforcement Ranger, Montana State Office, BLM.
    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 Montana/
Dakotas State Director, Bureau of Land Management is issuing 
supplementary rules for public lands managed by the BLM in South 
Dakota, to read as follows:

Supplementary Rules for Fort Meade Recreation Area

    The following regulations apply to public lands in the Fort Meade 
Recreation Area:
    1. The use of tree stands must adhere to the regulations listed in 
South Dakota Game, Fish & Parks Department Code (section 41:03:01:19).
    2. You may hunt with firearms and legally pursue game under state 
law within the northern portion of Fort Meade Recreation Area. However, 
discharge of firearms for other than hunting and the pursuit of game 
under state law within the northern portion of the Fort Meade 
Recreation Area is prohibited. The northern portion of the Fort Meade 
Recreation Area is defined as the northern-most quarter of the area 
which lies north of the ridgeline near Sly Hill. The area includes the 
portions of Township 6 North, Range 5 East, Sections 25, 26, 27, 34, 35 
& 36, and Township 6 North, Range 5 East, Sections 2, 3, and 10 that 
are east of Old Highway 79. Actual boundaries are well marked with 
signs.
    3. All firearms use is prohibited within the remaining portion of 
the Fort Meade Recreation Area. This includes the small area west of 
Old Highway 79, as well as the southern three-quarters of the 
Recreation Area. This includes target shooting as well as the legal 
pursuit of game with firearms during hunting seasons established by the 
state. The only exception is the use of muzzleloaders within the 
authorized range in the northwest quarter of Township 5 North, Range 5 
East, Section 11.
    4. The use or possession afield of metal detectors within the Fort 
Meade Recreation Area is prohibited.
    5. Uncased firearms and bows are prohibited year round in 
established campgrounds.
    6. Gasoline motors are prohibited on Fort Meade Reservoir.
    7. Snowmobiles are prohibited within the Fort Meade Recreation 
Area.

Penalties

    On all public lands, under section 303(a) of the Federal Land 
Policy and Management Act of 1976, 43 U.S.C. 1733(a), 43 CFR 8360.0-7 
and 43 CFR 9212.4, any person who violates any of these supplementary 
rules, closures or restrictions 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.
    On public lands within grazing districts (43 U.S.C. 315) and 
grazing leased lands (43 U.S.C. 315m), under the Taylor Grazing Act, 43 
U.S.C. 315(a), 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 $500.00. 
Such violations may also be subject to the enhanced fines provided for 
by 18 U.S.C. 3571.
    On public lands fitting the criteria in the Sikes Act, 16 U.S.C. 
670j(a)(2), 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 $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 designated under the National Trails System (16 
U.S.C. 1241-1249) 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 
$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.

Martin C. Ott,
Montana/Dakotas State Director, Bureau of Land Management.
[FR Doc. E6-12927 Filed 8-9-06; 8:45 am]
BILLING CODE 4310-33-P