[Federal Register Volume 75, Number 105 (Wednesday, June 2, 2010)]
[Notices]
[Pages 30850-30852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13227]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLMT924000 L12200000.PM0000]


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

AGENCY: Bureau of Land Management, Interior.

ACTION: Final supplementary rules.

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

DATES: The rules are effective July 2, 2010.

ADDRESSES: You may submit suggestions or inquiries to Christina Miller, 
Outdoor Recreation Planner, BLM Montana State Office, 5001 Southgate 
Drive, Billings, MT 59101-4669.

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. Background
II. Discussion of Comments

I. Background

    The BLM proposed these final supplementary rules in order to 
promote consistency between the BLM-managed public lands in Montana, 
North Dakota, and South Dakota on issues of camping, occupancy, and the 
storage of property on undeveloped public lands. These rules are 
necessary to protect the area's natural resources, to provide for the 
public's health and safety, and provide needed guidance in the areas of 
camping, occupancy, and storage of personal property. These final 
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 8365.2-3. In 
addition, site-specific rules for these locations remain in effect and 
are posted at each site.
    These final supplementary rules supersede rules previously 
published at 72 FR 19958 (April 20, 2007). The rules in the Notice of 
Camping Limits on Public Lands in Montana, South Dakota and North 
Dakota required camps to be moved a minimum of 5 miles every 14 days. 
These final supplementary rules 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 final 
supplementary rules. These changes will 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.

II. Discussion of Comments

    These rules were published as proposed final supplementary rules on 
August 13, 2009 in the Federal Register (74 FR 40839-40841). Comments 
were solicited in that publication and could be submitted by mail, 
electronic means, or by telephone.
    No comments were received. 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 the Office of Management and 
Budget under Executive Order (E.O.) 12866. These final supplementary 
rules will not have an effect of $100 million or more on the economy. 
These final 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 final

[[Page 30851]]

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 right or 
obligations of their recipients nor do these final 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, 
the proposed decisions were fully analyzed, including the substance of 
these final supplementary rules. The pertinent analysis can be found in 
Chapter 4, Environmental Consequences, of the RMP for each district 
office. These final 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 final 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 final 
supplementary rules would not have a significant economic impact on a 
substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act

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

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. These final 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 final supplementary rules do not represent a government 
action capable of interfering with constitutionally protected property 
rights. These final 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 final 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 final 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 final 
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 final 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 final 
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 final 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 final 
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 E.O. 13175, the BLM has found that these final 
supplementary rules do not include policies that have tribal 
implications. These final supplementary rules provide for enforcement 
of decisions adopted in the record of decision and thoroughly analyzed 
in the EIS prepared for the 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 final supplementary rules are designed to enforce. 
Therefore, in accordance with E.O. 13175, the BLM has found that these 
final supplementary rules do not include polices that have tribal 
implications.

Author

    The principal author of these final supplementary rules is 
Christina Miller, Outdoor Recreation Planner, BLM, Montana State 
Office. For the reasons stated in the Preamble, and under the authority 
for supplementary rules found in 43 U.S.C. 1740, 16 U.S.C. 670h(c)(5), 
43 U.S.C. 315a, and 43 CFR 8365.1-6, the Montana/Dakotas State 
Director, BLM, proposes the following final supplementary rules for 
camping on public lands within the States of Montana, North Dakota, and 
South Dakota:

Final 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 final supplementary rules.

[[Page 30852]]

    Personal Property: Ownership of any tangible article. Examples of 
personal property include vehicles, furniture, boats, collectibles, 
etc.
    Refuse: Items or material discarded or rejected as useless or 
worthless, trash or rubbish.
    You must follow these rules:
    These final supplementary rules apply, except as specifically 
exempted, to all camping on undeveloped public lands managed by the 
Montana State Office of the BLM within the states of Montana, North 
Dakota, and South Dakota. These final 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 toward the 16-day camping limit. (Unattended property is still 
subject to the time limits found in 43 CFR 8365.1-2(b)); and
    6. The following persons are exempt from these final supplementary 
rules: any Federal, state, or local officer or employee in the scope of 
their duties; members of any organized rescue or firefighting force in 
performance of an official duty; and any person whose activities are 
authorized in writing by the BLM.

Penalties

    Penalties under these rules may depend on the location where a 
violation occurs. The primary statutory authority for proposing these 
final supplementary rules is the Federal Land Policy and Management Act 
(FLPMA). Section 310 of FLPMA (43 U.S.C. 1740) authorizes the BLM 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 
FLPMA, 43 U.S.C. 1733(a) and 43 CFR 8360.0-7, any person who violates 
any of these final 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 
final 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. 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 final 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 six 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,
State Director, Montana State Office.
[FR Doc. 2010-13227 Filed 6-1-10; 8:45 am]
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