[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Proposed Rules]
[Pages 47669-47673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16295]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 8360

[LLMTB01000-L12200000.MA0000 212--MO# 4500157128]


Notice of Proposed Supplementary Rule for Public Lands Managed by 
the Missoula Field Office in Missoula, Granite, and Powell Counties, 
Montana

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed supplementary rule.

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SUMMARY: The Bureau of Land Management (BLM) proposes to establish a 
supplementary rule for BLM-administered public lands within the 
jurisdiction of the Missoula Field Office. This proposed supplementary 
rule would allow the BLM to enforce decisions in the Missoula Resource 
Management Plan (RMP) that cover the general area and specific rules 
for the Bear Creek Flats, Blackfoot River Recreation Area, Dupont 
Acquired Lands, Garnet Ghost Town, Limestone

[[Page 47670]]

Cliffs, and Sperry Grade Area. This rule is needed to further protect 
natural and historic resources and provide for public health and 
safety.

DATES: The BLM must receive your comment by October 3, 2022. Comments 
received after this date may not be considered in the development of 
the final supplementary rule.

ADDRESSES: You may submit comments by the following methods: email to 
[email protected], or mail or hand deliver comments to 
Proposed Supplementary Rule, Bureau of Land Management, Attention: Erin 
Carey, Missoula Field Manager, Missoula Field Office, 3255 Fort 
Missoula Road, Missoula, MT 59804.

FOR FURTHER INFORMATION CONTACT: Kelly Cole, Field Staff Law 
Enforcement Ranger at [email protected] or Erin Carey, Missoula Field 
Manager at [email protected]; Missoula Field Office, at (406) 329-3914.
    Individuals in the United States who are deaf, deafblind, hard of 
hearing, or have a speech disability may dial 711 (TTY, TDD, or 
TeleBraille) to access telecommunications relay services for contacting 
Kelly Cole. Individuals outside the United States should use the relay 
services offered within their country to make international calls to 
the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

    Written comments on this proposed supplementary rule should be 
specific, confined to issues pertinent to this proposed supplementary 
rule, and explain the reason for any recommended change. Where 
possible, comments should reference the specific section or paragraph 
of this proposed supplementary rule the comments are addressing. The 
BLM will consider comments received before the end of the comment 
period (see DATES), including those postmarked before the deadline and 
delivered to the address listed earlier (see ADDRESSES). Comments, 
including your name, street address, phone number, and other personally 
identifiable information included in the comment will be available for 
public review during regular business hours (8 a.m. to 4:30 p.m. local 
time Monday through Friday, except on Federal holidays) in the Missoula 
Field Office. Before including your address, phone number, email 
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 in your comment to withhold your personal identifying 
information from public review, we cannot guarantee we will be able to 
do so.

II. Background

    The Missoula Field Office completed an RMP covering approximately 
167,000 acres of public lands within its boundaries in January 2021. 
The RMP is available at https://eplanning.blm.gov/eplanning-ui/project/58107. These public lands are in Missoula, Granite, and Powell Counties 
in western Montana. The Missoula Field Office needs to adopt this 
proposed supplementary rule to implement decisions in the RMP. The 
supplementary rule would allow enforcement of these decisions and would 
protect natural resources and public health and safety.
    The BLM included the proposed supplementary rule in the draft RMP 
and draft environmental impact statement (EIS), which were available 
for a 60-day public comment period following publication of a notice in 
the Federal Register (84 FR 22513, May 17, 2019). The BLM again 
included the draft supplementary rule in the final EIS, which was 
subject to a 30-day public protest period following publication of a 
notice in the Federal Register (85 FR 8607, February 14, 2020).
    The BLM received no public comments on this proposed supplementary 
rule during either of these public engagement periods.

III. Discussion of the Proposed Supplementary Rule

    This proposed supplementary rule would apply to public lands and 
BLM facilities managed by the Missoula Field Office.
    The proposed rule conforms with management decisions contained in 
the Missoula RMP (2021). The focus of an RMP is to guide the management 
of resources for both protection and utilization, and to address issues 
related to public health and safety. The RMP includes decisions 
concerning restrictions, prohibitions, and allowable uses to address 
identified issues or achieve management goals and objectives. For these 
decisions to be effectively implemented, enforcement is often needed, 
first to ensure the management decision is properly understood and 
followed and second to provide for civil and criminal penalties should 
these restrictions and prohibitions not be followed.
    Although many management decisions can be implemented through 
existing laws and regulations, often unique and site-specific 
restrictions and prohibitions need to be clearly defined for ease of 
understanding and clarity as described further below. The BLM's tools 
to achieve this understanding and clarity are closure and restriction 
orders, supplementary rules, and special rules.
    Specifically, this proposed supplementary rule for the Missoula RMP 
includes:
     Four restrictions that would apply to all public lands and 
facilities managed by the BLM Missoula Field Office. These restrictions 
are intended to promote public safety, reduce user conflicts and safety 
hazards on public lands, and prevent resource damage. A prohibition on 
burning treated lumber and wood materials containing nails and screws 
is needed because such activity not only leaves garbage on public lands 
but could also lead to vehicle tire damage. Limiting the use of airsoft 
and paintball guns would reduce the number of false alarms to law 
enforcement about the use of ``guns'' in highly visited areas. Creating 
a rule to limit memorials on public lands would give managers the 
flexibility to decide the appropriate uses of public lands as well as 
reduce conflicts and resource damage. The intent of the 72-hour limit 
on unattended personal property is to curb transient camps from 
forming, along with any associated garbage that may accumulate.
     The proposed supplementary rule's provisions for the 
Limestone Cliffs Special Recreation Management Area (SRMA) are needed 
to protect the unique geological feature of the limestone cliffs, which 
are an integral part of the SRMA, and to provide for public safety 
while rock climbing along the cliffs.
     The proposed supplementary rule's provisions in Bear Creek 
Flats would supplement the existing supplementary rule, finalized in 
March 2004 (69 FR 10743), for the Blackfoot River, which established 
consistency with the Montana Department of Fish, Wildlife and Parks' 
Blackfoot River Recreation Corridor rules. The proposed Bear Creek 
Flats provisions would not replace the existing rule; rather, they 
would expand the existing rule to include the Bear Creek Flats 
acquisition.
     The proposed supplementary rule includes two new 
restrictions for lands within the Blackfoot SRMA: (1) no jumping off 
any bridges along the Blackfoot River corridor, which is intended to 
enhance public safety for all recreational river users; and (2) time 
restrictions for day-use sites, from 10 p.m. to 5 a.m., thereby 
prohibiting camping at day-use-only sites.

[[Page 47671]]

     The proposed supplementary rule's provisions in the Dupont 
Acquired Lands area are needed to be consistent with conditions the BLM 
agreed to when it acquired the area via donation. These conditions are 
specified in the Dupont Conservation Easement signed in April 1997. 
Although the BLM has complied with these conditions since the 
acquisition, this supplementary rule would enable the BLM to enforce 
the conditions.
     The proposed supplementary rule's provisions for Sperry 
Grade are necessary to enforce a seasonal closure on human entry to the 
Sperry Grade area, which would be consistent with the Montana 
Department of Fish, Wildlife and Parks' closure-to-human-entry rule for 
the adjacent Blackfoot-Clearwater Game Range. The purpose of the 
seasonal closure is to protect the elk and elk winter range. When the 
BLM acquired the Sperry Grade in 1992, the BLM decided, informed by an 
environmental assessment, that the grade would be managed similarly to 
the Blackfoot-Clearwater Game Range, including closing it to human 
entry during the winter. This proposed supplementary rule would make 
that seasonal closure on the Sperry Grade enforceable.
     The proposed supplementary rule's provisions for Garnet 
Ghost Town would help reduce threats to the fragile late 19th century 
buildings and artifacts that comprise the popular tourist area.
    The authority for this supplementary rule is set forth at sections 
303 and 310 of the Federal Land Policy and Management Act, 43 U.S.C. 
1733 and 1740. The BLM is proposing this supplementary rule under the 
authority of 43 Code of Federal Regulations (CFR) 8365.1-6, which 
allows BLM State Directors to establish supplementary rules for the 
protection of persons, property, and public lands and resources. This 
provision allows the BLM to issue rules of less than national effect by 
publishing the rules in the Federal Register, without codifying them in 
the CFR.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    This proposed supplementary rule is not a significant regulatory 
action and is not subject to review by the Office of Management and 
Budget under Executive Order 12866. The proposed supplementary rule 
would not have an effect of $100 million or more on the economy and 
would not adversely affect in a material way productivity, competition, 
jobs, the environment, public health or safety, or State, local or 
Tribal governments or communities. The proposed supplementary rule 
would not create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency. The proposed supplementary 
rule would not materially alter the budgetary effects of entitlements, 
grants, user fees, or loan programs, or the rights or obligations of 
their recipients, nor does it raise novel legal or policy issues. The 
proposed supplementary rule would merely impose limitations on certain 
activities on certain public lands to protect natural resources and 
human health and safety.

National Environmental Policy Act

    The BLM analyzed this proposed supplementary rule's requirements in 
the EIS associated with the Missoula RMP.
    The BLM included the proposed supplementary rule in the draft RMP 
and draft EIS, which were available for a 60-day public comment period. 
The BLM again included the draft supplementary rule in the final EIS, 
which was subject to a 30-day public protest period. The BLM received 
no comments on the proposed rule's requirements during either of the 
public engagement periods.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act of 1980 (RFA), 
which 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. This proposed supplementary rule 
would have no effect on business entities of any size. The proposed 
supplementary rule would merely impose reasonable restrictions on 
certain activities on certain public lands to protect natural resources 
and the environment and human health and safety. Therefore, the BLM 
certifies under the RFA that this proposed supplementary rule would not 
have a significant economic impact on a substantial number of small 
entities.

Small Business Regulatory Enforcement Fairness Act

    This proposed supplementary rule is not a ``major rule'' as defined 
at 5 U.S.C. 804(2). The proposed supplementary rule would merely impose 
reasonable restrictions on certain recreational activities on certain 
public lands to protect natural resources, the environment, and human 
health and safety. The proposed supplementary rule would not:
    (1) Have an annual effect on the economy of $100 million or more;
    (2) Cause a major increase in costs or prices for consumers, 
individual industries, geographic regions, or Federal, State, or local 
agencies; or
    (3) Have significant adverse effects on competition, employment, 
investment, productivity, innovation, or on the ability of U.S.-based 
enterprises to compete with foreign based enterprises in domestic and 
export markets.

Unfunded Mandates Reform Act

    This proposed supplementary rule would not impose an unfunded 
mandate on State, local, or Tribal governments or the private sector of 
more than $100 million per year; nor would it have a significant or 
unique effect on State, local, or Tribal governments or the private 
sector. The proposed supplementary rule would merely impose reasonable 
restrictions on certain recreational activities on certain public lands 
to protect natural resources, the environment, and human health and 
safety. 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)

    This proposed supplementary rule would not constitute a government 
action capable of interfering with constitutionally protected property 
rights. The proposed supplementary rule would not address property 
rights in any form and would not cause the impairment of 
constitutionally protected property rights. Therefore, the BLM has 
determined that this proposed supplementary rule would not cause a 
``taking'' of private property or require further discussion of takings 
implications under this Executive order.

Executive Order 13132, Federalism

    This proposed supplementary rule 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. Therefore, in 
accordance with Executive Order 13132, the BLM has determined that the 
proposed supplementary rule would not have sufficient federalism 
implications to warrant preparation of a federalism assessment.

[[Page 47672]]

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the BLM has determined that this 
proposed supplementary rule would not unduly burden the judicial system 
and that it meets 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 
this proposed supplementary rule does not include policies that have 
Tribal implications and would have no bearing on trust lands or on 
lands for which title is held in fee status by Indian Tribes or U.S. 
Government-owned lands managed by the Bureau of Indian Affairs.

Information Quality Act

    In developing this proposed supplementary rule, 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, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use

    This proposed supplementary rule would not comprise a significant 
energy action. The proposed supplementary rule would not have an 
adverse effect on energy supply, production, or consumption and would 
have no connection with energy policy.

Executive Order 13352, Facilitation of Cooperative Conservation

    In accordance with Executive Order 13352, the BLM has determined 
that this proposed supplementary rule would not impede facilitating 
cooperative conservation; would take appropriate account of and 
consider the interests of persons with ownership or other legally 
recognized interests in land or other natural resources; would properly 
accommodate local participation in the Federal decision-making process; 
and would provide that the associated programs, projects, and 
activities are consistent with protecting public health and safety.

Paperwork Reduction Act

    This proposed supplementary rule does 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. 3501-3521.

V. Proposed Rule

Author

    The principal author of this proposed supplementary rule is Erin 
Carey, Field Manager, BLM Missoula Office.
    For the reasons stated in the preamble, and under the authority of 
43 U.S.C. 1733(a) and 1740, and 43 CFR 8365.1-6, the State Director 
proposes a supplementary rule for public lands and facilities in the 
Missoula Field Office.

Proposed Supplementary Rule for the Missoula Field Office

Definitions

    As used in this Supplementary Rule, the term:
    Airsoft and paintball activities means any recreational activity 
that involves the use of replica firearms to fire non-lethal, plastic 
or form pellets, or paint-laden capsules, using compressed gas or 
electric and/or spring driven pistons. Such activities may include 
shooting targets or games/combat situations involving multiple people.
    Firearms means any weapon capable of firing a projectile, including 
but not limited to a rifle, shotgun, handgun, BB-gun, pellet gun, or 
paintball gun.
    Public lands means any lands owned by the United States and 
administered by the Secretary of the Interior through the Bureau of 
Land Management (BLM) without regard to how the United States acquired 
ownership. This includes paved or unpaved parking lots or other paved 
or unpaved areas where vehicles are parked or areas where the public 
may drive a motorized vehicle, paved or unpaved roads, routes, or 
trails.

Prohibited Acts on Public Lands in the Missoula Field Office

    1. You must not burn treated lumber and woody materials containing 
hardware (such as nails and screws) on public lands unless approved by 
the authorized officer.
    2. You must not:
    a. Use airsoft guns and paintball guns across any designated route 
of travel; across any body of water, including flowing rivers and 
streams, lakes, and ponds; or within 150 yards of any man-made object, 
structure, camp, or dwelling, unless such structure is specifically 
designed and permitted for use in those activities;
    b. Use anything other than biodegradable ammunition in airsoft and 
paintball guns; or
    c. Leave behind debris associated with the use of airsoft and 
paintball guns after completion of those activities in areas where 
airsoft and paintball guns are allowed.
    3. You must not establish or erect a permanent or semi-permanent 
symbol, shrine, placard, or other structure on public lands without 
prior written authorization from the BLM.
    4. You must not leave personal property unattended for 72 hours or 
longer without prior authorization from the BLM. After that time, it is 
deemed abandoned and can be duly removed and disposed of by the BLM, or 
any person acting on its behalf.
    5. Prohibited Acts within the Sperry Grade Area
    To be consistent with Montana Fish and Wildlife and Parks 
management of the Blackfoot-Clearwater Game Range, you must not enter 
the BLM-administered public lands in the Sperry Grade area from 
November 11 to May 14 of each year.
    6. Prohibited Acts within the Dupont Acquired Lands
    a. You must not camp outside of designated sites or areas.
    b. You must not light or maintain a warming fire or campfire.
    c. You must not operate a motor vehicle within the Dupont Acquired 
Lands unless for administrative purposes upon approval by the Missoula 
field manager.
    d. You must not collect firewood except for predetermined 
authorized use established by the Missoula field manager.
    e. You must not discharge a firearm or projectile (except for legal 
game hunting purposes as established by the Montana Department of Fish, 
Wildlife and Parks) or engage in other recreational shooting including, 
but not limited to, plinking, target shooting, or shooting varmints.
    7. Prohibited Acts within the Bear Creek Flats
    a. You must not camp outside of designated sites or areas.
    b. You must not light or maintain a fire except in designated areas 
or government-installed fire rings.
    c. You must not collect firewood except for use onsite. You may 
only burn dead and down wood.
    d. You must not discharge a firearm or projectile (except for legal 
game hunting purposes as established by the Montana Department of Fish, 
Wildlife and Parks) or engage in other recreational shooting including, 
but not limited to, plinking, target shooting, or shooting varmints.
    8. Prohibited Acts within Garnet Ghost Town
    a. You must not use any device for detecting metal, except when 
allowed by permit.
    b. You must not camp unless permitted by an authorized officer.
    c. You must not discharge firearms, weapons, fireworks, or any 
projectile, or

[[Page 47673]]

engage in other recreational shooting including, but not limited to, 
plinking, target shooting, or shooting varmints.
    d. You must not bring an animal into the area unless the animal is 
on a leash that is not longer than 6 feet and is secured to an object 
or under the control of a person or is otherwise physically restrained 
at all times.
    e. You must not light or maintain a fire except in designated fire 
rings established by the government.
    f. You must not smoke in the buildings or within 10 feet of any 
building.
    9. Prohibited Acts within Blackfoot Special Recreation Management 
Area (SRMA)
    a. You must not occupy the following day-use sites between the 
hours of 10 p.m. and 5 a.m.: Daigles Eddy Day Use Site, Sheep Flats Day 
Use Site, Thibodeau Rapids Day Use Site, Whitaker Bridge Day Use Site, 
Red Rock Day Use Site, Belmont Day Use Site, and River Bend Day Use 
Site.
    b. You must not jump from any bridge over the Blackfoot River.
    10. Prohibited Acts within Limestone Cliffs Area
    a. You must not install new, permanent climbing hardware for new or 
existing routes unless approved by the authorized officer.
    b. You must not discharge a firearm or projectile (except for legal 
game hunting purposes as established by the Montana Department of Fish 
and Wildlife and Parks) or engage in other recreational shooting 
including, but not limited to, plinking, target shooting, or shooting 
varmints.
    c. You must not bring an animal into the area unless the animal is 
on a leash that is not longer than 6 feet and is secured to an object 
or under the control of a person or is otherwise physically restrained 
at all times.

Exemptions

    The following persons are exempt from this supplementary rule: any 
Federal, State, local, or military employees acting within the scope of 
their official duties; members of any organized rescue or fire fighting 
force performing an official duty; and persons who are expressly 
authorized or approved by the BLM.

Enforcement

    Any person who violates any part of this supplementary rule may be 
tried before a U.S. Magistrate and fined in accordance with 18 U.S.C. 
3571, imprisoned for no more than 12 months under 43 U.S.C. 1733(a) and 
43 CFR 8360.0-7, or both. In accordance with 43 CFR 8365.1-7, State or 
local officials may also impose penalties for violations of Montana 
law.

(Authority: 43 U.S.C. 1733(a), 1740; 43 CFR 8365.1-6)

Theresa M. Hanley,
Acting BLM Montana State Director.
[FR Doc. 2022-16295 Filed 8-3-22; 8:45 am]
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