[Federal Register Volume 72, Number 138 (Thursday, July 19, 2007)]
[Notices]
[Pages 39637-39638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13995]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[MT010-1220-FU]


Notice of Intent To Collect Fees on Public Land in Yellowstone 
County, Montana Under the Federal Lands Recreation Enhancement Act

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of intent.

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SUMMARY: The Bureau of Land Management (BLM)'s Billings Field Office is 
proposing to begin collecting fees in 2007 at the Shepherd Ah Nei OHV 
Area in Yellowstone County, Montana, located in Township 3 N, Range 27 
E, Section 1 and Township 3 N, Range 28 E, Section 6.
    Under Section 2 (13) of the Federal Lands Recreation Enhancement 
Act (REA), L. 108-447, the Shepherd Ah Nei OHV Area qualifies as a site 
wherein visitors can be charged a ``Special Recreation Permit Fee'' 
authorized under section 3(h).
    In accordance with REA, and implementing regulations at 43 CFR Part 
2930, visitors participating in OHV use (e.g. ATVs, motorcycles, 
quads), could purchase a Special Recreation Permit (SRP) to operate 
their vehicle within the riding area.
    Each OHV operating within the recreation area would be required to 
purchase and display the permit. Permits would expire on December 31 of 
the issue year, regardless of when the permit was purchased. 
Opportunity to purchase an individual SRP pass for the day would be 
available onsite to facilitate less frequent users. BLM provides 
individual special recreation permits for management of special areas 
as defined in 43 CFR Part 2932.11. 1-2., and in REA under section 3(h). 
The America The Beautiful--The National Parks and Federal Recreational 
Lands Pass, including the Annual, Senior, Access, and Volunteer passes 
would not be honored and do not apply to the SRP fee. The National Park 
Passports, Golden Eagle, Golden Age, and Golden Access Passports would 
also not be honored and do not apply to the SRP fee.

DATES: The public is encouraged to participate in the public comment 
period that will expire 30 days after the publication of this notice. 
Effective six months after the publication of this notice, the Bureau 
of Land Management Billings Field Office will initiate fee collection 
in the Shepherd Ah Nei OHV Area, unless BLM publishes a Federal 
Register notice to the contrary. The Eastern Montana Resource Advisory 
Council (RAC) will review consideration for the new fee at least three 
months prior to the proposed initiation date. Fees will be established 
by separate supplemental rules pursuant to 43 CFR 8365.1-6. Future 
adjustments in the fee amount will be made in accordance with the BLM 
Shepherd Ah Nei Business Plan, and after consultation with the Eastern 
Montana Resource Advisory Council and other public notice.

ADDRESSES: Mail: Field Manager, Bureau of Land Management, Billings 
Field Office, 5001 Southgate Drive, Billings, Montana 59101.

FOR FURTHER INFORMATION CONTACT: James M. Sparks, Acting Field Manager, 
Billings Field Office, 5001 Southgate Drive, Billings, Montana 59101.

SUPPLEMENTARY INFORMATION: The Shepherd Ah Nei OHV Area is a popular 
OHV recreation area offering significant opportunities for outdoor 
recreation and has received substantial Federal investment. The BLM's 
commitment is to find the proper balance between public use and 
resource protection. It is the BLM's policy to collect fees at all 
specialized recreation sites, or where the BLM provides facilities, 
equipment or services, at federal expense, in connection with outdoor 
use. In an effort to meet increasing demands for services and 
maintenance of existing facilities, routes and trails, the BLM would 
implement a fee program for the Shepherd Ah Nei OHV Area. BLM's mission 
for the Shepherd Ah Nei OHV Fee Collection Project (Project) is to 
ensure that funding is available to maintain existing facilities and 
recreational opportunities, to provide for law enforcement presence, to 
develop additional services, and to protect resources. This mission 
entails communication with those who will be most directly affected, 
for example, recreationists, other recreation providers, neighbors, as 
well as those who will have a stake in solving concerns that may arise 
throughout the life of the Project, including elected officials, and 
other agencies.
    In January 1999, the BLM and the U.S. Forest Service (FS) initiated 
the Off-Highway Vehicle Environmental Impact Statement and Proposed 
Plan Amendment for Montana, North Dakota, and South Dakota (OHV EIS). 
This EIS considered various ways to minimize the potential for resource 
damage from cross-country OHV use. The BLM signed a record of decision 
(ROD) for this EIS and Plan Amendment in June 2003. In December 2004, 
the REA was signed into law. The REA provides authority for 10 years 
for the Secretaries of the Interior and Agriculture to establish, 
modify, charge, and collect recreation fees for use of some Federal 
recreation lands and waters, and contains specific provisions 
addressing public involvement in the establishment of recreation fees, 
including a requirement that Recreation Resource Advisory Committees or 
Councils have the opportunity to make recommendations regarding 
establishment of such fees. The REA also directs the Secretaries of the 
Interior and Agriculture to publish advance notice in the Federal 
Register

[[Page 39638]]

whenever new recreation fee areas are established under their 
respective jurisdictions.
    In May 2005, the BLM issued the Decision for the Shepherd AH Nei 
OHV Travel Management Plan, which established roads, trails and areas 
as open, closed, or limited with respect to vehicular use in the 
Shepherd Ah Nei OHV Area. This 2005 decision allows for recreation 
opportunities, issuing of use permits, and charging of fees for use of 
the Shepherd Ah Nei OHV Area. The establishment of a permit process, 
and the collection of user fees were also addressed in the Shepherd Ah 
Nei OHV Business Plan, prepared pursuant to the REA and BLM recreation 
fee program policy. This Business Plan, in conjunction with the Travel 
Management Plan, establishes the rationale for charging recreation 
fees. In accordance with BLM recreation fee program policy, the 
Business Plan explains the fee collection process, and outlines how the 
fees will be used at the Shepherd Ah Nei OHV Area. The BLM has notified 
and involved the public at each stage of the planning process, 
including the proposal to collect fees. Fee amounts will be posted on-
site and at the Billings Field Office; copies of the Business Plan will 
be available at the Billings Field Office and the BLM Montana State 
Office, 5001 Southgate Drive, Billings, Montana 59101.
    The BLM welcomes public comments on this proposal. Before including 
your address, phone number, e-mail address, or other personal 
identifying information in your comment, be advised that your entire 
comment--including your personal identifying information--may be made 
publicly available at any time. While you can ask us in your comment to 
withhold from public review your personal identifying information, we 
cannot guarantee that we will be able to do so.

    Authority: 16 U.S.C. 6803(b); 43 CFR 2932.13.

James M. Sparks,
Acting Field Manager, Billings Field Office.
[FR Doc. E7-13995 Filed 7-18-07; 8:45 am]
BILLING CODE 4310-$$-P