Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Notices 40839 

Dated: August 4, 2009. 

Joanna Wilson, 

RAC Coordinator, Public Affairs Specialist. 

[FR Doc. E9–19439 Filed 8–12–09; 8:45 am] 

BILLING CODE 4310–GG–P 

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. 

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: MT_Billings_SO@blm.gov. 

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, sitespecific 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 


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40840 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Notices 

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. 


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Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Notices 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 firefighting 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] 

BILLING CODE 4310–DN–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[WY–D04–1430–ES; WYW–167587] 

Notice of Realty Action: Recreation 

and Public Purposes Act Classification 

of Public Lands in Sweetwater County, 

Wyoming 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of Realty Action. 

SUMMARY: The Bureau of Land 

Management (BLM) has examined and 

found suitable for classification for lease 

and/or conveyance to the Sweetwater 

County Fire District #1 under the 

provisions of the Recreation and Public 

Purposes (R&PP) Act, as amended, 20 

acres of public land in Sweetwater 

County, Wyoming. The Sweetwater 

County Fire District #1 proposes to use 

the land for a training facility and fire 

station. 

DATES: Interested parties may submit 

written comments until September 28, 

2009. 

ADDRESSES: Mail written comments to 

the Field Manager, Bureau of Land 

Management, Rock Springs Field Office, 

280 Highway 191 North, Rock Springs, 

Wyoming 82901. 

FOR FURTHER INFORMATION CONTACT: 

Carol Montgomery, Realty Specialist, 

Bureau of Land Management, Rock 

Springs Field Office, at (307) 352–0344. 

SUPPLEMENTARY INFORMATION: The 

following described public land in 

Sweetwater County, Wyoming, has been 

examined and found suitable for 

classification for lease and/or 

conveyance under the provisions of the 

R&PP Act, as amended, (43 U.S.C. 869 

et seq.): 

Sixth Principal Meridian 

T. 19 N., R. 105 W., 

Sec. 4, S1⁄2NW1⁄4SE1⁄4. 

The area described contains 20 acres, more 

or less, in Sweetwater County. 

In accordance with the R&PP Act, the 

Sweetwater County Fire District #1 has 

filed an R&PP application and plan of 

development in which it proposes to 

develop the above described land to 

construct a proposed training facility 

and fire station for the purpose of 

meeting the fire protection needs for the 

community of Rock Springs. The 

proposed project will include a parking 

lot, training tower, and fire station. 

Additional detailed information 

pertaining to this application, plan of 

development, and site plan is in case 

file WYW167587, located in the Bureau 

of Land Management (BLM) Rock 


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