27452 Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Rules and Regulations 

* * * * * 

[FR Doc. 2010–11686 Filed 5–14–10; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 8360 

[LLWO25000—L12200000.PM000—241A.00] 

RIN 1004–AD96 

Visitor Services 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Final rule. 

SUMMARY: The Bureau of Land 

Management (BLM) is amending its 

regulations to remove the Land and 

Water Conservation Fund Act as one of 

the authorities of its recreation 

regulations, in accordance with the 

Federal Lands Recreation Enhancement 

Act of 2004 (REA). The final rule 

amends and reorders the prohibitions to 

separate those that apply specifically to 

campgrounds and picnic areas from 

those with more general application. 

The reordering is necessary to broaden 

the scope to include all areas where 

standard amenity, expanded amenity, 

and special recreation permit fees are 

charged under REA. The final rule also 

removes regulations that have been 

interpreted by the BLM Field Offices to 

require the BLM to publish 

supplementary rules for each area for 

failure to pay recreation fees, thus 

relieving the BLM from publishing 

separate rules for each area. Finally, this 

rule makes technical changes to 

maintain consistency with other BLM 

regulations. 

DATES: This rule is effective on June 16, 

2010. 

ADDRESSES: Inquiries or suggestions 

should be delivered to U.S. Department 

of the Interior, Director (630), Bureau of 

Land Management, Mail Stop 401 LS, 

1849 C St., NW., Attention: RIN: 1004– 

AD96, Washington, DC 20240. 

FOR FURTHER INFORMATION CONTACT: For 

information on the substance of the rule, 

please contact Hal Hallett at (202) 912– 

7252 or Anthony Bobo Jr. at (202) 912– 

7248. For information on procedural 

matters, please contact Chandra Little at 

(202) 912–7403. Persons who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877–8339 

to contact the above individuals during 

normal business hours. FIRS is available 

twenty-four hours a day, seven days a 

week, to leave a message or question 

with these individuals. You will receive 

a reply during normal business hours. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Final Rule as Adopted and Response to 

Comments 

III. Procedural Matters 

I. Background 

The BLM is revising its fee 

management regulations, policies, and 

procedures in accordance with the REA, 

16 U.S.C. 6801 et seq., 43 CFR part 2930 

currently includes all recreation fee 

management regulations, including the 

requirement that visitors pay fees before 

occupying a campground or picnic area. 

The BLM is now amending 43 CFR part 

8360 to add regulatory changes made 

necessary by the REA, including the 

removal of any language pertaining to 

recreation fees. In addition, the section 

addressing the collection of fossils is 

modified to include common plant 

fossils, reflecting long established BLM 

policies. The Omnibus Public Land 

Management Act (OPLMA) became law 

on March 30, 2009, after the publication 

of the proposed rule and includes 

provisions on Paleontological Resources 

Preservation (PRP) (Title VI, Subtitle D 

(Pub. L. 111–11, 123 Stat. 1172, 16 

U.S.C. 470aaa et seq.)) The law requires 

that the Secretary of the Interior develop 

regulations to implement this subtitle. 

The OPLMA–PRP defines ‘‘casual 

collecting’’ as ‘‘* * * the collecting of a 

reasonable amount of common 

invertebrate and plant paleontological 

resources for non-commercial personal 

use, either by surface collection or the 

use of non-powered hand tools resulting 

in only negligible disturbance to the 

Earth’s surface and other resources.’’ 

These regulations define terms as used 

in this definition. However, the 

OPLMA–PRP does not change the 

BLM’s basic policy for allowing casual 

collecting of reasonable amounts of 

common invertebrate and common 

plant fossils from public lands for 

personal use without a permit, and 

therefore, the regulations at 43 CFR part 

8360 do not conflict with the OPLMA– 

PRP. 

Other changes were made that group 

related regulations in the same section 

to simplify language and clarify the 

intent, and to resolve inconsistencies 

between the existing provisions. 

II. Final Rule as Adopted and Response 

to Comments 

On October 3, 2008, the BLM 

published a proposed rule (73 FR 

57564) to implement REA with a 60-day 

public comment period that ended on 

December 2, 2008. The BLM received 

four comments on the proposed rule. 

These comments supported the 

proposed rule and suggested a few 

minor revisions to make the regulations 

consistent with other BLM regulations. 

The comments specifically addressed 

activities relating to the recreational 

collection of rocks and paleontological 

resources on BLM lands. 

Section 8360.0–3 Authority 

The final rule removes the Land and 

Water Conservation Fund Act (LWCFA) 

(16 U.S.C. 4601–6a) as an authority for 

the regulations. The enactment of the 

REA changed the BLM’s authority to 

collect recreation fees. Recreation fees 

that were previously authorized under 

the LWCFA are now authorized under 

REA. The BLM’s policies and 

procedures have also been revised to 

reflect this new and revised authority. 

We received no comment on this section 

and therefore the final rule remains as 

proposed. 

Section 8360.0–5 Definitions 

In paragraph (c), the proposed rule 

added the word ‘‘recreation’’ as a 

modifier to the term ‘‘developed sites 

and areas’’ in order to clarify that the 

definition is specific to developed 

recreation sites and areas. The same 

language is inserted elsewhere in this 

rule to distinguish developed recreation 

sites and areas from other developed 

sites and areas used for non-recreation 

purposes. We received no comment on 

this section, thus the final rule remains 

as proposed. 

Section 8365.1–5 Property and 

Resources 

We received three comments on this 

section that stated that removing the 

term ‘‘rocks’’ from the current 43 CFR 

8365.1–5(b)(2), as proposed, would lead 

to uncertainty about the collecting of 

rocks as a hobby without a permit on 

public lands. The commenters suggested 

that we retain the term ‘‘rocks’’ 

consistent with the current regulations 

and with the BLM’s policy of allowing 

recreational collection of rocks and 

minerals on public lands. The BLM 

stated in the preamble to the proposed 

rule that the term ‘‘rocks’’ should be 

removed because it was already covered 

in regulations at 43 CFR 8365.1–5(b)(4) 

which by reference to 43 CFR subpart 

3604 allows the recreational collection 

of ‘‘common’’ rocks without a permit. 

However, the regulations at 43 CFR part 

3600 do not address the recreational 

collection of rocks on public lands 

without a permit. The Materials Act 

does not allow recreational collection of 

rocks and payment is required. Section 

8365.1–5(b) makes an exception for the 


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Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Rules and Regulations 27453 

recreational collection of rocks in 

reasonable quantities for personal use 

under Section 302(a) and (b) of the 

Federal Land Policy and Management 

Act. Because of this and to address the 

commenters’ concern, in the final rule 

the BLM did not remove the word 

‘‘rocks’’ from section 8365.1–5(b)(2). 

We received two comments on this 

section that asked that the final rule 

show that the regulation applies to 

‘‘common plant fossils’’ as well as 

‘‘common invertebrate fossils.’’ The 

commenters said that the intent of this 

revision is to make clear the BLM’s 

longstanding policy to allow the 

recreational collection of ‘‘common 

invertebrate fossils’’ as well as ‘‘common 

plant fossils.’’ Adding ‘‘common’’ in 

front of ‘‘plant’’ clarifies the BLM’s 

intent that only ‘‘common plant fossils’’ 

may be collected. The commenters also 

suggested that by specifically 

mentioning fossil plants in the 

regulations, the BLM gives equal 

regulatory weight to both types of fossils 

and more clearly states the BLM’s intent 

in a single place. We agree with the 

commenters and have revised the final 

rule. Allowing the hobby collections of 

‘‘common fossil plants’’ would not cause 

a significant loss of paleontological 

information since the public is currently 

allowed to collect common plant fossils, 

and it would provide the public 

continued opportunities to pursue this 

aspect of recreational collecting. In 

addition to responding to the comment, 

this change will correct an oversight in 

this provision and clarify what has been 

a long-standing BLM policy to allow the 

recreational collecting of common 

invertebrate and common plant fossils, 

not just common invertebrate fossils. 

This policy was previously incorporated 

into BLM Handbook H–8270–1, 

‘‘General Procedural Guidance for 

Paleontological Resources 

Management,’’ which provides that, 

subject to the provisions of 43 CFR 

subpart 8365, and unless otherwise 

prohibited by land use plans or other 

authorities, common invertebrate and 

common plant fossils may be collected 

in reasonable amounts for 

noncommercial purposes without a 

permit. Furthermore, this clarification is 

in agreement with the new law for 

paleontological resources preservation 

(OPLMA–PRP), and will benefit the 

public when casually collecting 

common invertebrate and common 

plant fossils from public lands. 

Therefore, in the final rule we revised 

section 8365.1–5(b)(2) to read as set 

forth in the regulatory text of this final 

rule. 

Two comments suggested the need to 

clarify the BLM’s policy of prohibiting 

the sale or barter not only between 

commercial fossil dealers, but also to 

hobby collectors. This revision would 

clarify the BLM’s policy of prohibiting 

the sale of fossils. However, the new 

paleontological resources preservation 

provision in (OPLMA–PRP) defines 

‘‘casual collecting’’ as ‘‘* * * the 

collecting of a reasonable amount of 

common invertebrate and plant 

paleontological resources for noncommercial personal use, either by 

surface collection or the use of nonpowered hand tools resulting in only 

negligible disturbance to the Earth’s 

surface and other resources.’’ The BLM 

will propose regulations in the near 

future that will implement the OPLMA– 

PRP and will define the terms in that 

rulemaking. Therefore, the BLM does 

not believe that it is necessary to 

provide clarifying language at this time. 

Section 8365.2–3 Occupancy and Use 

The provisions in this section have 

been reordered to separate those that 

apply specifically to campgrounds and 

picnic areas from those that apply to all 

developed recreation sites and areas, 

including campgrounds and picnic 

areas. The restructuring is in response to 

a need to include all areas where 

standard amenity, expanded amenity, 

and special recreation fees are 

authorized under the REA. This also 

brings this section into compliance with 

43 CFR part 2930, which was previously 

rewritten in response to the REA. 

The rule also amends this section by 

removing as a prohibited act the failure 

to pay fees. This prohibition is already 

included in 43 CFR 2933.33, so it is 

unnecessary in these regulations. As a 

result of this rule change, it is also no 

longer necessary to include fee 

requirements in supplementary rules 

issued under section 8365.1–6. We 

received no comments on these 

revisions and therefore the final rule 

remains as proposed. 

III. Procedural Matters 

Executive Order 12866, Regulatory 

Planning and Review 

These final regulations are not a 

significant regulatory action and are not 

subject to review by Office of 

Management and Budget under 

Executive Order 12866. 

(1) These final regulations 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. 

(2) These final regulations will not 

create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency. 

(3) These final regulations do not alter 

the budgetary effects of entitlements, 

grants, user fees, or loan programs or the 

right or obligations of their recipients. 

(4) These final regulations do not raise 

novel legal or policy issues. 

The BLM policies and procedures 

have merely been amended to reflect 

new statutory authority, and to remove 

inconsistencies in previous language. 

National Environmental Policy Act 

(NEPA) 

The BLM has determined that this 

final rule merely amends the statutory 

authority of our recreation regulations 

from the LWCFA to the REA. This final 

rule will bring the BLM’s recreation 

regulations into compliance with the 

REA. The final rule amends and 

reorders the prohibitions to separate 

those that apply specifically to 

campgrounds and picnic areas from 

those with more general application, but 

does not change their effect. It clarifies 

that common plant fossils are available 

to recreational collectors, without 

changing the BLM’s policy. This rule 

also resolves minor inconsistencies 

between existing provisions. The BLM 

has analyzed this rule in accordance 

with the National Environmental Policy 

Act of 1969 (NEPA), 42 U.S.C. 4321 et 

seq., Council on Environmental Quality 

(CEQ) regulations, 40 CFR part 1500. 

The CEQ regulations, at 40 CFR 1508.4, 

define a ‘‘categorical exclusion’’ as a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. The regulations further 

direct each department to adopt NEPA 

procedures, including categorical 

exclusions (40 CFR 1507.3). The BLM 

has determined that this rule is 

categorically excluded from further 

environmental analysis under NEPA in 

accordance with 43 CFR 46.210(i), 

which categorically excludes ‘‘[p]olicies, 

directives, regulations and guidelines: 

that are an administrative, financial, 

legal, technical, or procedural nature. 

***’’ In addition, the BLM has 

determined that none of the 

extraordinary circumstances listed in 43 

CFR 46.215 applies to this rule. 

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 


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27454 Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Rules and Regulations 

will have a significant economic impact, 

either detrimental or beneficial, on a 

substantial number of small entities. 

The final rule pertains to individuals 

and families recreating on the public 

lands and not to small businesses or 

other small entities. Therefore, the BLM 

has determined under the RFA that this 

final rule will not have a significant 

economic impact on a substantial 

number of small entities. 

Small Business Regulatory Enforcement 

Fairness Act (SBREFA) 

This final rule is not a ‘‘major rule’’ as 

defined at 5 U.S.C. 804(2), the Small 

Business Regulatory Enforcement 

Fairness Act. That is, it will not have an 

annual effect on the economy of $100 

million or more; it will not result in 

major cost or price increases for 

consumers, industries, government 

agencies, or regions; and it will not have 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S. based enterprises to compete 

with foreign-based enterprises. The final 

rule merely amends the regulations to 

change the statutory authority of the 

BLM’s recreation regulations from the 

LWCFA to the REA, makes technical 

changes to bring our recreation 

regulations into compliance with the 

REA, and makes them internally 

consistent. The rule also amends and 

reorders the prohibitions to separate 

those that apply specifically to 

campgrounds and picnic areas from 

those with more general application. 

Unfunded Mandates Reform Act 

This final rule will not impose an 

unfunded mandate on state, local, or 

Tribal governments or the private sector, 

in the aggregate, of $100 million or more 

per year; nor does this rule have a 

significant or unique effect on state, 

local, or Tribal governments. The rule 

imposes no requirements on any of 

these entities. The BLM has already 

shown, in the previous paragraphs of 

this section of the preamble, that the 

change in this rule will not have effects 

approaching $100 million per year on 

the private sector. 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 final rule is not a government 

action capable of interfering with 

constitutionally protected property 

rights. It merely updates the regulations 

to reflect changes in authority for the 

BLM recreation program covered by the 

regulations, and makes editorial changes 

as discussed in this preamble. 

Therefore, the Department of the 

Interior has determined that the rule 

will not cause a taking of private 

property or require further discussion of 

takings implications under this 

Executive Order. 

Executive Order 13132, Federalism 

This final rule will 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 levels of 

government. It will not apply to states 

or local governments or state or local 

governmental entities. Therefore, in 

accordance with Executive Order 13132, 

the BLM has determined that this rule 

does not have sufficient federalism 

implications to warrant preparation of a 

Federalism Assessment. 

Executive Order 12988, Civil Justice 

Reform 

Under Executive Order 12988, the 

BLM has determined that this final rule 

will not unduly burden the judicial 

system and that it meets 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 has found that this rule 

does not include policies that have 

tribal implications. This rule has no 

effect on Tribal lands, and it affects 

members of Tribes only to the extent 

that they use public lands and facilities 

for recreation. This rule will bring our 

recreation regulations into compliance 

with the REA. 

Information Quality Act 

In developing this final 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 

In accordance with Executive Order 

13211, the BLM has determined that 

this final rule will not have substantial 

direct effects on energy supply, 

distribution, or use, including a shortfall 

in supply or price increase. The rule has 

no bearing on energy development, but 

merely changes the authority provisions 

for and rearranges certain prohibited act 

provisions for recreational visitors on 

the public lands. This rule should have 

no effect on the volume of visitation or 

on consumption of energy supplies. 

Executive Order 13352, Facilitation of 

Cooperative Conservation 

In accordance with Executive Order 

13352, the BLM has determined that 

this rule is administrative in nature and 

only reflects changes in authority, and 

reorganizes and clarifies certain 

provisions. It does not impede 

facilitating cooperative conservation. It 

does not affect the interests of persons 

with ownership or other legally 

recognized interests in land or other 

natural resources, improperly fail to 

accommodate local participation in the 

Federal decision-making process, or 

relate to the protection of public health 

and safety. 

Paperwork Reduction Act 

These regulations 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. 

Authors 

The principal authors of this rule are 

Hal Hallet and Anthony Bobo, Jr. of the 

Recreation and Visitor Services 

Division, Washington Office, BLM, 

assisted by Chandra Little of the 

Division of Regulatory Affairs, 

Washington Office, BLM. 

List of Subjects in 43 CFR Part 8360 

Penalties, Public lands, reporting and 

recordkeeping requirements, and 

Wilderness areas. 

■ For the reasons explained in the 

preamble, and under the authority of 43 

U.S.C. 1740, amend chapter II, subtitle 

B of title 43 of the Code of Federal 

Regulations as follows: 

PART 8360—VISITOR SERVICES 

■ 1. Revise the authority citation for part 

8360 to read as follows: 

Authority: 43 U.S.C. 1701 et seq., 43 

U.S.C. 315a, 16 U.S.C. 1281c, 16 U.S.C. 670 

et seq., and 16 U.S.C. 1241 et seq. 

Subpart 8360—General 

■ 2. Revise § 8360.0–3 to read as 

follows: 

§ 8360.0–3 Authority. 

The regulations of this part are issued 

under the provisions of the Federal 

Land Policy and Management Act of 

1976 (43 U.S.C. 1701 et seq.), the Sikes 

Act (16 U.S.C. 670g), the Taylor Grazing 


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Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Rules and Regulations 27455 

Act (43 U.S.C. 315a), the Wild and 

Scenic Rivers Act (16 U.S.C. 1281c), the 

Act of September 18, 1960, as amended, 

(16 U.S.C. 877 et seq.), and the National 

Trails System Act (16 U.S.C. 1241 et 

seq.). 

■ 3. Amend § 8360.0–5 by revising 

paragraph (c) to read as follows: 

§ 8360.0–5 Definitions. 

* * * * * 

(c) Developed recreation sites and 

areas means sites and areas that contain 

structures or capital improvements 

primarily used by the public for 

recreation purposes. Such sites or areas 

may include such features as: 

Delineated spaces for parking, camping 

or boat launching; sanitary facilities; 

potable water; grills or fire rings; tables; 

or controlled access. 

* * * * * 

Subpart 8365—Rules of Conduct 

■ 4. Revise § 8365.1–5(b)(2) to read as 

follows: 

§ 8365.1–5 Property and resources. 

* * * * * 

(b) * * * 

(2) Nonrenewable resources such as 

rock and mineral specimens, common 

invertebrate and common plant fossils, 

and semiprecious gemstones; 

* * * * * 

■ 5. Revise § 8365.2–3 to read as 

follows: 

§ 8365.2–3 Occupancy and use. 

In developed camping and picnicking 

areas, no person shall, unless otherwise 

authorized: 

(a) Pitch any tent, park any trailer, 

erect any shelter or place any other 

camping equipment in any area other 

than the place designed for it within a 

designated campsite; 

(b) Leave personal property 

unattended for more than 24 hours in a 

day use area, or 72 hours in other areas. 

Personal property left unattended 

beyond such time limit is subject to 

disposition under the Federal Property 

and Administration Services Act of 

1949, as amended (40 U.S.C. 484(m)); 

(c) Build any fire except in a stove, 

grill, fireplace or ring provided for such 

purpose; 

(d) Enter or remain in campgrounds 

closed during established night periods 

except as an occupant or while visiting 

persons occupying the campgrounds for 

camping purposes; 

(e) Occupy a site with more people 

than permitted within the developed 

campsite; or. 

(f) Move any table, stove, barrier, litter 

receptacle or other campground 

equipment. 

Wilma A. Lewis, 

Assistant Secretary, Land and Minerals 

Management. 

[FR Doc. 2010–11612 Filed 5–14–10; 8:45 am] 

BILLING CODE 4310–84–P 


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