[Federal Register Volume 75, Number 159 (Wednesday, August 18, 2010)]
[Notices]
[Pages 51099-51102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20338]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLWO120900-L10200000-PA0000; HAG-10-0097]


Final Supplementary Rules for Public Land in Oregon and 
Washington

AGENCY: Bureau of Land Management, Interior.

ACTION: Final Supplementary Rules on the BLM lands in Oregon and 
Washington.

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SUMMARY: The Bureau of Land Management (BLM) Oregon State Office is 
proposing Final Supplementary Rules for the BLM lands within the States 
of Oregon and Washington. These Final Supplementary Rules revise 
existing supplementary rules. These revisions are necessary in order to 
protect public land natural resources and provide for the public's 
health and safety. They provide needed guidance in the areas of special 
forest products and recreation, allow for the assessment of penalties 
that are commensurate with the magnitude of prohibited acts, and 
promote consistency among the BLM and other natural resource agencies.

[[Page 51100]]


DATES: Effective Date: These rules are effective September 17, 2010.

ADDRESSES: You may send inquires to the BLM, Office of Law Enforcement, 
Oregon State Office, P.O. Box 2965, Portland, Oregon 97208.

FOR FURTHER INFORMATION CONTACT: State Staff Ranger Mike Roop, BLM, 
Oregon State Office, 333 SW. 1st Ave., Portland, Oregon, 97204, 503-
808-6410 or [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The BLM proposed these Supplementary Rules in the Federal Register 
on September 21, 2009 (74 FR 48096). These Supplementary Rules revise 
existing Supplementary Rules. These revisions are necessary in order to 
protect public land natural resources and provide for the public's 
health and safety. They provide needed guidance in the areas of special 
forest products and recreation, allow for the assessment of penalties 
that are commensurate with the magnitude of prohibited acts, and 
promote consistency between the BLM and other natural resource 
agencies, including the U.S. Forest Service, National Park Service, 
Oregon State Parks and Recreation Department, and the State of 
Washington Department of Natural Resources. The BLM received one 
substantive comment regarding the Juniper Dunes Off-Highway Vehicle 
(OHV) area. The concern was about the definition of OHV/All Terrain 
Vehicle (ATV) and the required use of helmets for OHV/ATV users on the 
dunes. A revision was made to clarify the requirement. The occupants of 
street legal, four-wheeled vehicles are not required to wear helmets 
while in the Juniper Dunes OHV area. Otherwise, with the exception of 
minor non-substantive grammatical and formatting changes, the Final 
Supplementary Rules remain as proposed.

II. Discussion

    These Final Supplementary Rules fill in gaps between existing 
Supplementary Rules and provisions administered by other land 
management agencies. The existing Supplementary Rules (70 FR 48584) for 
Oregon and Washington public lands were published on August 18, 2005.
    Currently, the BLM's forest and plant products program in Oregon 
and Washington lacks specific rules with penalties for theft or permit 
violations.
    From Fiscal Year (FY) 2000 to FY 2007, the BLM in Oregon and 
Washington experienced 533 firewood theft incidents and 372 forest 
product theft incidents. These incidents involved sales of firewood at 
makeshift sites located on public lands, and other commercial uses of 
public lands that are not clearly prohibited in existing rules. The 
Final Supplementary Rules enable the BLM to address such incidents.
    Additionally, the current regulations do not adequately protect the 
BLM's administrative and day-use sites in Oregon and Washington. 
Administrative sites include fire guard stations, maintenance 
buildings, ware yards, residences, and outbuildings. Day-use sites 
include the Dean Creek Elk Viewing Site, interpretive pull-outs, picnic 
areas, and other sites improved for public use during daylight hours. 
The Final Supplementary Rules prohibit unauthorized entry and overnight 
use of administrative and day-use sites.
    Supplementary Rules are also necessary to address the Juniper Dunes 
OHV/ATV area. In the spring of 2007, the BLM obtained an easement for 
public access to the Juniper Dunes OHV/ATV area in Franklin County, 
which is located in southeast Washington State. The BLM constructed 
parking areas and an informational kiosk. After development, the BLM 
realized the existing rules did not address safety concerns adequately. 
In May 2007, the BLM posted temporary rules at the Dunes and in the BLM 
Spokane District Office. These rules were based on safety concerns and 
modeled on the State of Washington OHV/ATV regulations, and were 
intended to reduce conflicts with and damage to adjacent private 
landowners. The Final Supplementary Rules for the Juniper Dunes OHV/ATV 
area replace the temporary rules, which have reduced safety issues and 
user/resident conflicts.
    Finally, Supplementary Rules are also necessary in order to address 
the process and requirements for permit applications and 
investigations. The wording of the Final Supplementary Rule is 
identical to the National Park Service (36 CFR 2.32 (a)(4)) and the 
U.S. Forest Service (36 CFR 261.3(b)) rules.

III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    The Final Supplementary Rules do not constitute a ``significant 
regulatory action,'' and are not subject to review by the Office of 
Management and Budget under Executive Order 12866. The 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. The Final Supplementary Rules will not create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another agency. The 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, and they do not raise 
novel legal or policy issues. They merely impose rules of conduct and 
impose other limitations on certain recreational and commercial 
activities on certain public lands to protect natural resources and 
human health and safety.

National Environmental Policy Act

    The BLM has found that the Final Supplementary Rules are of a 
procedural nature and thus are categorically excluded from 
environmental review under Section 102(2)(C) of the National 
Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4332(C), pursuant to 
43 CFR 46.210(i). In addition, the Final Supplementary Rules do not 
present any of the 12 extraordinary circumstances listed at 43 CFR 
46.215. Pursuant to the White House Council on Environmental Quality's 
regulations (40 CFR 1508.4) and the environmental regulations, 
policies, and procedures of the Department of the Interior, the term 
``categorical exclusions'' means a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment and that have been found to have no such effect in 
procedures adopted by a Federal agency and for which neither an 
environmental assessment nor an environmental impact statement is 
required.

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 any size. They would 
merely impose reasonable restrictions on certain recreational or 
commercial activities on public lands in order to protect natural 
resources and the environment and provide for human health and safety. 
Therefore, the BLM has determined, under the RFA, that these Final 
Supplementary Rules would

[[Page 51101]]

not have a significant economic impact on a substantial number of small 
entities.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    The Final Supplementary Rules do not constitute a ``major rule'' as 
defined at 5 U.S.C. 804(2). The Final Supplemental Rules would not 
result in an effect on the economy of $100 million or more, an increase 
in costs or prices, or significant adverse effects on competition, 
employment, investment, productivity, innovation, or 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 and illegal commercial 
activities on certain public lands to protect natural resources, the 
environment, and human health and safety.

Unfunded Mandates Reform Act

    The 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. They would not 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, 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)

    The Final Supplementary Rules do not constitute a government action 
capable of interfering with constitutionally protected property rights. 
Therefore, the BLM 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

    The Final Supplementary Rules would not have a substantial, direct 
effect on the States, on the relationship between the Federal 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. The Final 
Supplementary Rules, in several instances, call for compliance with 
State law. Therefore, in accordance with Executive Order 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

    The BLM has determined that the Final Supplementary Rules do not 
unduly burden the judicial system and meet the requirements of sections 
3(a) and 3(b)(2) of Executive Order 12988.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, the BLM has found that 
these Final Supplementary Rules will not result in significant changes 
to BLM policy and that tribal governments will not be unduly affected 
by this rule. This rule has no bearing on trust lands or on lands for 
which title is held in fee status by Indian Tribes of U.S. Government-
owned lands managed by the Bureau of Indian Affairs.

Information Quality Act

    In developing the Final Supplementary Rules, the BLM did not 
conduct or use a study, experiment, or survey requiring peer review 
under the Information Quality Act (Section 515 of Pub. L. 106-554).

Executive Order 13211, Effects on the Nation's Energy Supply

    The Final Supplementary Rules have no implications under Executive 
Order 13211.

Paperwork Reduction Act

    These Final 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 author of these Final Supplementary Rules is Mike 
Roop, State Staff Ranger, Bureau of Land Management.
    For the reasons stated in the preamble and under the 43 CFR 8365.1-
6, 43 U.S.C. 1740, 16 U.S.C. 670h(c)(5), and 43 U.S.C. 315a, the BLM 
Oregon/Washington State Director proposes to issue supplementary rules 
for public lands managed by the BLM in Oregon and Washington, to read 
as follows:

Supplementary Rules for Oregon and Washington

Definitions

    ATV/OHV means any motor vehicle designed for or capable of cross-
country travel on or immediately over land, water, sand, snow, ice, 
marsh, swamp land, or other natural terrain.
    Authorized Employee means any employee of the Bureau of Land 
Management who has been designated the authority to perform the duties 
in these rules.
    Commercial Use means a use or activity for which an entry or 
participation fee is charged or for which the primary purpose is the 
sale of a good or service and, in either case, regardless of whether 
the use or activity is intended to produce a profit.
    Damage means to injure, mutilate, deface, destroy, cut, chop, 
girdle, dig, excavate, or kill.
    Day-Use Area means an area that is to be utilized in the hours of 
daylight or within the posted hours of operation. No camping is 
allowed.
    Forest or Plant Product means all vegetative material that is not 
normally measured in board feet but can be sold or removed from public 
lands by means of the issuance of a contract or permit.
    Street Legal, Four-Wheeled Vehicle means any vehicle with four 
wheels, which meets the state vehicle equipment requirements for a 
passenger vehicle, is registered with a state Department of Motor 
Vehicles, and carries vehicle insurance.
    Prohibited Acts:
    Unless otherwise authorized, the following acts are prohibited on 
public lands within Oregon and Washington:
    1. Forest or Plant Products.
    (a) You must not cut or otherwise damage any timber, tree, other 
forest product or plant, either live or dead, except as authorized by 
written permit, special-use authorization, contract, Federal law or 
regulation, or with written permission from an authorized employee.
    (b) You must not remove any timber, tree, other forest product or 
plant, either live or dead, without authorization by written permit, 
special-use authorization, contract, or Federal law or regulation, or 
without written permission from an authorized employee.
    (c) You must not fail to properly tag, mark, or transport any 
forest product or plant, either live or dead, as required by Federal or 
State regulation or law.
    (d) You must not fail to possess and properly fill out any permit 
paperwork as required by Federal or State permit stipulation, 
regulation, or law.

[[Page 51102]]

    (e) You must not violate the terms or conditions of any BLM-issued 
permit.
    (f) You must not dispose of, burn, or possess any type of firewood 
or wood pallets containing nails, screws, or other metal hardware.
    (g) You must not introduce new species without authorization.
    (h) You must not possess, use, or store any hay, straw, or mulch 
that has not been certified as free of prohibited noxious vegetative 
parts and/or seeds at any time of the year. Certification must comply 
with the State, Regional, or Federal Weed-Free Forage Certification 
Standards.
    2. Day-Use Areas.
    (a) You must not enter or use any day-use area before or after the 
posted use hours.
    (b) You must not enter any closed day-use area.
    3. Commercial Use Permits.
    (a) You must not operate any commercial business on public lands 
without a permit or written permission from an authorized employee.
    (b) You must not violate the terms or conditions of any BLM-issued 
permit.
    (c) You must not conduct research projects or scientific studies 
without a permit.
    4. Juniper Dunes ATV/OHV Use Area.
    (a) You must wear an industry-approved safety helmet when operating 
a motorcycle or ATV/OHV on all BLM public or leased lands and roads 
within the Juniper Dunes area. This requirement does not apply to 
occupants of street-legal, four-wheeled vehicles.
    (b) You must not carry a passenger when operating a motorcycle or 
ATV/OHV on BLM public lands and roads unless the ATV/OHV is designed by 
the manufacturer to carry a passenger.
    (c) You must not operate a motorcycle or ATV/OHV without a safety 
flag while on BLM lands in the Juniper Dunes. All such vehicles must 
have a whip mast and a 6-inch x 12-inch red/orange safety flag. Flags 
may be of pennant, triangle, square, or rectangular shape. Safety flags 
must be attached within 10 inches of the tip of the whip mast with club 
or other flags mounted below the safety flag or on another whip. Masts 
must be a minimum of 6 feet in height/length or industry standard 
height/length.
    (d) You must not operate a motorcycle or ATV/OHV without a safety 
flag on Peterson Road, Juniper Road, Smith Canyon Road, and/or 
Wilderness Road. Safety flags are not required for street-legal, four-
wheeled passenger vehicles on those roads.
    (e) You must not use wood pallets for any type of fire on BLM lands 
or roads in the Juniper Dunes area.
    (f) You must not race or drive recklessly or carelessly on Peterson 
Road, Juniper Road, Smith Canyon Road, and/or Wilderness Road.
    5. Administrative Sites.
    (a) You must not enter or climb on any BLM buildings or structures, 
occupied or unoccupied, unless authorized.
    (b) You must not operate or park any motorized vehicle on any 
closed service road or any closed BLM residential road or any area 
adjacent to a BLM building.
    (c) You must not stay or park overnight on the grounds of any BLM 
residential building, unless authorized.
    (d) You must not enter any closed BLM residential or work area, 
unless authorized.
    6. Conduct.
    You must not give any false, fictitious, or fraudulent report or 
other misleading information:
    (a) To a BLM officer investigating an accident or violation of law 
or regulation;
    (b) to an authorized employee engaged in his/her official duties; 
or
    (c) on an application for a permit.
    Exemptions: The following persons are exempt from these rules: any 
Federal, State, or local officer or employee acting within the scope of 
his/her duties; members of any organized rescue or firefighting force 
in performance of an official duty; and any person authorized in 
writing by the BLM.

Penalties

    Any person who violates any of these supplementary rules on public 
lands in grazing districts (see 43 U.S.C. 315a) or public lands leased 
for grazing under 43 U.S.C. 315m, may be tried before a United States 
Magistrate Judge, 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 supplementary rules on public 
lands subject to a conservation and rehabilitation program implemented 
by the Secretary of the Interior under 16 U.S.C. 670g et seq. (Sikes 
Act), may be tried before a United States Magistrate Judge, 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.
    Public lands under Section 303(a) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1733(a)) and 43 CFR 8360-7, any 
person who violates any of these supplementary rules may be tried 
before a United States Magistrate Judge 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.

Edward W. Shepard,
State Director, Oregon/Washington.
[FR Doc. 2010-20338 Filed 8-17-10; 8:45 am]
BILLING CODE 4310-33-P