[Federal Register Volume 75, Number 235 (Wednesday, December 8, 2010)]
[Notices]
[Pages 76483-76485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30717]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLIDC0100000.L12200000.IA0000.241A.0; 4500012836]


Notice of Final Supplementary Rules for Public Lands in Idaho: 
Blue Creek Bay Recreation Management Area

AGENCY: Bureau of Land Management, Interior.

ACTION: Final supplementary rules.

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SUMMARY: The Bureau of Land Management (BLM) Coeur d'Alene Field Office 
(CdAFO) is finalizing supplementary rules to regulate conduct on public 
lands within the Blue Creek Bay Recreation Management Area (BCBRMA). 
These supplementary rules are needed to implement decisions set out in 
the Blue Creek Bay Recreation Project Plan Environmental Assessment 
(EA) (2009) and in the Coeur d'Alene Resource Management Plan (RMP), to 
protect public lands, resources, and public health and provide for 
public safety.

DATES: These rules are effective January 7, 2011.

ADDRESSES: You may direct inquiries to the Bureau of Land Management, 
Coeur d'Alene Field Office, 3815 Schreiber

[[Page 76484]]

Way, Coeur d'Alene, ID 83815; or e-mail [email protected].

FOR FURTHER INFORMATION CONTACT: Brian White, Bureau of Land Management 
Outdoor Recreation Planner (208) 769-5031 or e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background
II. Discussion of Public Comments
III. Discussion of Supplementary Rule
IV. Procedural Matters

I. Background

    Through a series of transactions over a 10-year period, the BLM 
acquired 736 acres of public land surrounding Blue Creek Bay on Lake 
Coeur d'Alene. The acquisition generated considerable public interest 
and required a substantial investment of public funds. The parcels were 
acquired with the intent of providing public access to the lake while 
retaining many of the natural elements in close proximity to a rapidly 
growing urban/suburban area. The key issues of management concern are 
public health and safety and long-term management of public 
recreational access to the property.
    In developing a recreation plan for this area, the BLM conducted 
extensive public outreach in 2007 and 2008 and analyzed alternative 
levels of development and different management strategies for the area. 
The plan considered the physical location and characteristics of the 
area, natural resource values, recreational opportunities, and public 
input. The Blue Creek Bay Recreation Project Plan (BCBRPP), approved in 
January 2009, identified a modest level of development designed for day 
use only of new waterfront facilities that will include a parking area, 
docks, vault toilet and picnic sites, development of an upland 
trailhead and non-motorized trails, and the installation of an 
accessible nature trail with interpretive displays for environmental 
education. The BCBRPP identified six supplementary rules necessary for 
the safety of the adjacent landowners, public land users, and other 
visitors to the area.

II. Discussion of Public Comments

    The BLM CdAFO proposed these supplementary rules in the Federal 
Register on July 13, 2009 (74 FR 33469). Public comments were accepted 
for a 30-day period ending on August 12, 2009. The BLM received no 
public comments during the comment period.

III. Discussion of Supplementary Rules

    The final supplementary rules apply to the public lands within the 
BCBRMA. The BCBRMA includes specific management actions that restrict 
certain activities and define allowable uses which were identified and 
analyzed in the BCBRPP EA. The final supplementary rules implement 
these management actions within the BCBRMA. These final supplementary 
rules are necessary to protect natural resources on public land and 
provide for the public's health and safety. Please see the preamble to 
the proposed rule (74 FR 33469-33470) for discussion of the 
supplementary rules.
    The final supplementary rules do not incorporate any substantive 
changes from the proposed supplementary rules. Internal review led to 
some technical changes. The legal land description added the term 
``above Yellowstone Road'' in order to clarify that the specified lots 
were above Yellowstone Road. However, this addition does not alter the 
reading of the land description. The proposed supplementary rules 
included an ``Enforcement'' section, which was changed to ``Penalties'' 
to reflect current BLM nomenclature. The final rules do not reference 
43 CFR 2932.57(b) in the Penalties section because these regulations 
apply to Special Recreation Permits, which are not relevant for the 
supplementary rules.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These supplementary rules are not significant and are not subject 
to review by the Office of Management and Budget under Executive Order 
(EO) 12866. These supplementary rules will not have an effect of $100 
million or more on the economy, nor will they 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 supplementary rules do not alter the 
budgetary effects or entitlements, grants, user fees, or loan programs 
or the rights or obligations of their recipients nor do they raise 
novel legal or policy issues. The supplementary rules will not affect 
legal commercial activity, but merely contain rules of conduct for 
public use of a limited area of public lands.

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 merely 
establish rules of conduct for public use of a limited area of public 
lands. Therefore, the BLM has determined that under the RFA these final 
supplementary rules do not have a significant economic impact on a 
substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act

    These final supplementary rules are not considered a ``major rule'' 
as defined under 5 U.S.C. 804(2). The supplementary rules merely 
establish rules of conduct for public use of a limited area of public 
lands and do not affect commercial or business activities of any kind.

Unfunded Mandates Reform Act

    These final supplementary rules do not impose an unfunded mandate 
on State, local, or Tribal governments in the aggregate, or the private 
sector of more than $100 million per year; nor do they have a 
significant or unique effect on State, local or Tribal governments or 
the private sector. The final supplementary rules merely establish 
rules of conduct for public use of a limited area of public lands and 
have no effect on State, local or Tribal governments and do not impose 
any requirements on any of these entities. 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. The final supplementary rules do not address property rights in 
any form, and do not cause the impairment of one's property rights. 
Therefore, the BLM has determined that these rules do not cause a 
``taking'' of private property or require preparation of a takings 
assessment under this Executive Order.

Executive Order 13132, Federalism

    These final supplementary rules will not have a substantial direct 
effect on the States, on the relationship between

[[Page 76485]]

the National Government and the States, or on the distribution of power 
and responsibilities among the various levels of government. These 
final supplementary rules do not conflict with any Idaho State law or 
regulation. 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

    Under Executive Order 12988, the Idaho State Office of the BLM has 
determined that these final supplementary rules do not unduly burden 
the judicial system and 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, the BLM found that these 
supplementary rules would not include policies that have Tribal 
implications. Since the rules do not change BLM policy and do not 
involve Tribal lands, resources, or religious rights, the BLM has 
determined that additional Tribal consultation is not necessary.

Paperwork Reduction Act

    These final supplementary rules do not contain 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 under these proposed supplementary rules is 
exempt from the provisions of the Paperwork Reduction Act of 1995, as 
provided at 44 U.S.C. 3518(c)(1).

National Environmental Policy Act (NEPA)

    The BLM prepared an EA (ID-410-2008-EA-60) and an associated 
Finding of No Significant Impact (FONSI) for the BCBRPP, for which a 
Decision Record was issued January 9, 2009. The proposed rules and 
their environmental effects were analyzed in the EA, and the Decision 
Record adopted the supplementary rules. The supplementary rules are 
consistent with and necessary to carry out the direction of the RMP and 
the BCBRPP. They establish rules of conduct for public use within the 
BCBRMA to protect public health and safety and improve the protection 
of the resources. The BLM has placed the EA, FONSI and Decision Record 
on file in the BLM Administrative Record at the address specified in 
the ADDRESSES section.

Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    These final supplementary rules do not comprise a significant 
energy action. The supplementary rules do not have an adverse effect on 
energy supplies, production, or consumption. They have no connection 
with energy policy.

Author

    The principal author of this supplementary rule is Brian White, 
Outdoor Recreation Planner, Coeur d'Alene Field Office, Bureau of Land 
Management.
    For the reasons stated in the preamble, and under the authority for 
supplementary rules found at 43 U.S.C. 1740 and 43 CFR 8365.1-6, the 
Idaho State Director, Bureau of Land Management, issues supplementary 
rules for public lands managed by the BLM in Idaho, to read as follows:

Supplementary Rules for Blue Creek Bay

Recreation Management Area

    These final supplementary rules apply, except as specifically 
exempted, to the following described public land comprising the entire 
736-acre Blue Creek Bay Recreation Management Area, all of which are 
contiguous lands in Boise Meridian, Kootenai County, Idaho:

T. 50 N., R. 2 W., Section 31: lots 5, 6, 7, 8, and E\1/2\ NE\1/4\ 
SW\1/4\. T. 50 N., R. 3 W., Sec. 26: portion of SW\1/4\ south and 
west of Sunnyside Road and Sec. 35: portions of lots 1, 2, 7 above 
Sunnyside Road; lots 4, 5, 6, and N\1/2\ NW\1/4\, W\1/2\ NE\1/4\.
T. 49 N., R. 2 W., Sec. 6: lot 4. T. 49 N., R. 3 W., Sec. 1: 
portions of lots 1, 2, 5, 6 above Yellowstone Road.

    Containing 736 acres more or less.

    1. You must not occupy or use the Blue Creek Bay public lands from 
one hour after sundown to one hour before sunrise.
    2. You must not moor any boat overnight on any BLM-managed 
structure or shoreline.
    3. You must not start or maintain any open campfires, except when 
completely contained within permanently installed steel fire grates or 
cooking grills.
    4. You must not discharge a firearm (powered by compressed gas or 
gunpowder) for hunting, target practice or other purposes, except that:
    A. Waterfowl hunters may hunt waterfowl below the high water mark 
of Lake Coeur d'Alene within Blue Creek Bay.
    5. You must not use motor vehicles off county roads.
    6. You must not cut or collect firewood.

Exceptions

    These supplementary rules do not apply to emergency, law 
enforcement, and Federal or other government entities while conducting 
official or emergency duties. Motor vehicle restrictions likewise do 
not apply to emergency, law enforcement, and Federal or other 
government motor vehicles while conducting official or emergency 
duties. Exemptions to these supplementary rules may be granted on a 
case-by-case basis as deemed appropriate by the Authorized Officer. The 
prohibition of discharging a firearm in rule 4 has no effect on hunting 
by licensed hunters in legitimate pursuit of waterfowl on lands managed 
by Idaho Department of Lands during the proper season with appropriate 
firearms.
    Penalties: Any person who violates any of these supplementary rules 
may be tried before a United States Magistrate and fined up to $1,000, 
imprisoned for up to 12 months, or both, in accordance with 43 U.S.C. 
1733(a) and 43 CFR 8360.0-7. 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 Idaho law.

Peter J. Ditton,
Acting Idaho State Director.
[FR Doc. 2010-30717 Filed 12-7-10; 8:45 am]
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