[Federal Register Volume 74, Number 155 (Thursday, August 13, 2009)]
[Notices]
[Pages 40839-40841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19412]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLMT924000 L12200000.PM0000]


Proposed Supplementary Rules for Camping on Undeveloped Public 
Lands in Montana, North Dakota, and South Dakota

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed supplementary rules.

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SUMMARY: The Bureau of Land Management (BLM) is proposing supplementary 
rules regarding time limits for camping and the storage of property on 
undeveloped public lands managed by the BLM in Montana, North Dakota, 
and South Dakota. These proposed supplementary rules consolidate 
existing rules for camping on undeveloped BLM-administered public lands 
throughout Montana, North Dakota, and South Dakota. These proposed 
supplementary rules will supersede prior published rules.

DATES: You should submit your comments by September 14, 2009. In 
developing final rules, BLM will not accept written comments postmarked 
or received in person or by electronic mail after this deadline.

ADDRESSES: You may mail or deliver comments on the proposed 
supplementary rules to Christina Miller, Outdoor Recreation Planner, 
Bureau of Land Management, Montana State Office, 5001 Southgate Drive, 
Billings, Montana 59101-4669. You may also comment by e-mail at the 
following address: [email protected].

FOR FURTHER INFORMATION CONTACT: Christina Miller, Outdoor Recreation 
Planner, BLM Montana State Office, 5001 Southgate Drive, Billings, 
Montana 59101-4669, (406) 896-5038.

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures

    Written comments on the proposed supplementary rules should be 
specific, be confined to issues pertinent to the proposed supplementary 
rules, and 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. The BLM is not 
obligated to consider or include in the administrative record for the 
supplemental rule, comments that the 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 the address listed above (See ADDRESSES).
    The BLM will make your comments, including your name and address, 
available for public review at the Montana State Office address listed 
in ``ADDRESSES'' above during regular business hours (8 a.m. to 4:30 
p.m., Monday through Friday, except Federal holidays). Before including 
your address, phone number, e-mail address, or other personal 
identifying information in your comment, you should be aware 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 your personal identifying information from public 
review, we cannot guarantee that we will be able to do so.

Clarity of the Proposed 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 its clarity?
    (3) Does the format of the proposed supplementary rules (grouping 
and order of sections, use of headings, paragraphing, etc.) aid or 
reduce its clarity?
    (4) Would the proposed 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 in 
understanding these 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 proposed 
supplementary rules to the address specified in the ``ADDRESSES'' 
section.

II. Discussion of the Proposed Supplementary Rules

    These proposed supplementary rules would apply to undeveloped 
public lands administered by the BLM within the States of Montana, 
North Dakota, and South Dakota. They would supersede all existing 
camping stay limits and occupancy on undeveloped public land 
administered by the BLM in Montana, North Dakota, and South Dakota 
published previously. These proposed supplementary rules would allow 
camping at a particular location for 16 days, either cumulatively or 
consecutively, during any 30-day interval. Any camp relocation within 
that 30-day period would not be allowed within a one-half mile radius 
from the original site. These supplemental rules are consistent with 
existing recreation sections and management for camping in resource 
management plans in each district office. These rules are not 
contradictory to campsite selections stated in the Montana, North 
Dakota and South Dakota June 2003 Record of Decision and Environmental 
Impact Statement for Off-Highway Vehicles. This notice does not affect 
more restrictive camping limits that may already be in place for 
certain areas. Future exceptions to the 16-day camping limit for any 
field office will be considered and analyzed through their respective 
land use plan revisions.
    These proposed supplementary rules would not apply to locations 
that contain structures or capital improvements (such as boat launch 
sites, picnic areas, and interpretive centers) and that are used 
primarily by the public for recreational purposes. Examples of such 
locations include developed campgrounds, designated recreation areas, 
and special recreation management areas. The BLM regulates the use and 
occupancy at such developed locations in accordance with 43 CFR 8365.1-
2. In addition, site-specific rules for these locations remain in 
effect and are posted at each site.
    These proposed supplementary rules would supersede rules previously 
published at 72 FR 19958 (April 20, 2007). The rules in the 2007 notice 
required camps to be moved a minimum of 5 miles every 14 days. These 
proposed supplementary rules would allow camping at a particular 
location for 16 days, either cumulatively or consecutively, during any 
30-day interval. The placing or leaving of unattended motor vehicles, 
trailers, or other personal property for the purpose of reserving a 
camping site is considered camping for the purpose of these

[[Page 40840]]

supplementary rules. Thus, overnight occupation is not necessarily the 
only criterion for determining whether or not the 16-day limit has been 
met.
    Once campers have met the 16-day limit, they would be prohibited 
from camping at the original location for at least 30 days, and any 
camp relocation within that 30-day period would not be allowed within a 
one-half mile radius from the original site. These changes are being 
proposed to better allow the public to remain in the general area in 
which they wish to recreate while still achieving the BLM's goal of 
protecting public lands and natural resources by prohibiting long-term 
camps in a single location.

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 E.O. 12866. These proposed supplementary rules will not have an 
effect of $100 million or more on the economy. These proposed 
supplementary rules 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 proposed 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 these 
proposed supplementary rules raise novel legal or policy issues. They 
establish limits for public recreational use of undeveloped public 
lands in Montana, North Dakota, and South Dakota to protect public 
lands and natural resources.

National Environmental Policy Act

    The BLM prepared an environmental impact statement (EIS) as part of 
the development of the resource management plan (RMP) for each district 
office. During that National Environmental Policy Act (NEPA) process, 
many proposed decisions were fully analyzed, including the substance of 
these supplementary rules. The pertinent analysis can be found in 
Chapter 4, Alternatives, of the RMP for each district office. These 
supplementary rules provide for enforcement of plan decisions.

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

Small Business Regulatory Enforcement Fairness Act

    These proposed supplementary rules do not constitute a ``major 
rule'' as defined at 5 U.S.C. 804(2). Again, these proposed 
supplementary rules merely establish limits for recreational use of 
certain public lands. These proposed supplementary rules have no effect 
on business--commercial or industrial--use of the public lands.

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. These proposed 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 proposed supplementary rules do not represent a government 
action capable of interfering with constitutionally protected property 
rights. These proposed 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 proposed supplementary rules would not cause a 
taking of private property or require further discussion of takings 
implications under this Executive Order.

Executive Order 13132, Federalism

    These proposed 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. These 
supplementary rules will have little or no effect on State or local 
government. Therefore, in accordance with E.O. 13132, the 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 E.O. 12988, the BLM has determined that these proposed 
supplementary rules would not unduly burden the judicial system and 
that they meet the requirements of sections 3(a) and 3(b)(2) of the 
Executive Order.

Paperwork Reduction Act

    These proposed supplementary rules do not directly provide for any 
information collection that the Office of Management and Budget must 
approve under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Any 
information collection that may result from Federal criminal 
investigations or prosecutions conducted in enforcing these proposed 
supplementary rules is exempt from the provisions of the Paperwork 
Reduction Act of 1995, 44 U.S.C. 3518(c)(1).
    Executive Order 13175, Consultation and Coordination with Indian 
Tribal Governments In accordance with Executive Order 13175, the BLM 
has found that these supplementary rules do not include policies that 
have tribal implications. These supplementary rules provide for 
enforcement of decisions adopted in the Record of decision and 
thoroughly analyzed in the EIS prepared for the resource management 
plans (RMP) of each district office. During preparation of the EIS, 
government-to government consultation was conducted with the tribal 
governments with interests in the affected area. None of these tribal 
governments expressed concerns regarding the decisions these 
supplementary rules are designed to enforce. Therefore, in accordance 
with Executive Order 13175, the BLM has found that these supplementary 
rules do not include polices that have tribal implications.

[[Page 40841]]

Supplementary Rules for Undeveloped BLM-Administered Lands in the 
States of Montana, North Dakota, and South Dakota

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. The placing or 
leaving of unattended motor vehicles, trailers, or other personal 
property for the purpose of reserving a camping site is considered 
camping for the purpose of these supplementary rules.
    You must follow these rules:
    These supplementary rules apply, except as specifically exempted, 
to all camping on undeveloped public lands managed by the Montana State 
Office of the Bureau of Land Management within the states of Montana, 
South Dakota, and North Dakota. These supplementary rules are in effect 
on a year-round basis and will remain in effect until modified by the 
BLM.
    1. You must not camp longer than 16 consecutive days at any one 
location.
    2. No person or group may camp within a single location on public 
lands more than 16 days within any period of 30 consecutive days. The 
16-day limit may be reached either by compiling individual visits 
during a 30-day interval, or by occupying a location continuously for 
16 days during a 30-day interval. A 16-day interval begins when a 
person initially camps or leaves vehicles or property at a site on 
public lands.
    3. After 16 days of camping in a single location, you must not camp 
at that location until at least 30 days have passed, and any camp 
relocation within that 30-day period shall not be within a one-half 
mile radius from the original site. Under special circumstances and 
upon request, the BLM may issue a written permit for extension of the 
16-day limit.
    4. You must not leave any personal property or refuse after 
vacating the campsite. This includes any property left for the purposes 
of use by another camper or occupant.
    5. The time such property is left unattended at a site will be 
counted towards the 16-day camping limit. (Unattended property is still 
subject to the time limits found in 43 CFR 8365.1-2(b)).
    6. The following persons are exempt from these supplementary rules: 
Any Federal, State, or local officer or employee in the scope of their 
duties; members of any organized rescue or fire-fighting force in 
performance of an official duty; and any person whose activities are 
authorized in writing by the Bureau of Land Management.

Penalties

    The rules we are proposing here provide for penalties that may 
depend on the location where a violation occurs. The primary statutory 
authority for proposing these supplementary rules is the Federal Land 
Policy and Management Act (FLPMA). Section 310 of FLPMA (43 U.S.C. 
1740) authorizes us to issue rules and regulations to carry out the 
purposes of FLPMA and other laws applicable to the public lands. Under 
section 303(a) of the Federal Land Policy and Management Act, 43 U.S.C. 
1733(a), and 43 CFR 8360.0-7, any person who violates any of these 
supplementary rules on any public lands 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. Also, such violations may be subject to 
the enhanced fines provided for by 18 U.S.C. 3571. Under the Taylor 
Grazing Act, any person who violates any of these supplementary rules 
on public lands within grazing districts (see 43 U.S.C. 315a), or on 
public lands subject to a grazing lease (see 43 U.S.C. 315m), 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.
    Any person who violates any of these supplementary rules on public 
lands managed in accordance with the Sikes Act may be tried before a 
United States Magistrate and fined no more than $500 or imprisoned for 
no more than 6 months, or both. Such violations may also be subject to 
the enhanced fines provided for by 18 U.S.C. 3571.
    In accordance with 43 CFR 8365.1-7, State or local officials may 
also impose penalties for violations of Montana, North Dakota, or South 
Dakota law.

Gene R. Terland,
Montana/Dakotas State Director, Bureau of Land Management.
[FR Doc. E9-19412 Filed 8-12-09; 8:45 am]
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