[Federal Register Volume 73, Number 193 (Friday, October 3, 2008)]
[Proposed Rules]
[Pages 57564-57567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23258]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 8360

[WO-250-1220-PM-24 1A]
RIN 1004-AD96


Visitor Services

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed rule.

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SUMMARY: The Bureau of Land Management (BLM) proposes to amend its 
regulations to remove the Land and Water Conservation Fund Act (LWCFA) 
as one of the authorities of our Recreation regulations, in accordance 
with the Federal Lands Recreation Enhancement Act of 2004 (REA). The 
rule will also amend and reorder the prohibitions to separate those 
that apply specifically to campgrounds and picnic areas from those with 
more general applications. 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 proposed 
rule would remove an unnecessary provision that has been interpreted to 
require the BLM to publish supplementary rules concerning failure to 
pay fees established by the recreation regulations, thus relieving the 
BLM from publishing such separate specific supplementary rules for each 
area. Finally, it will make technical changes to maintain consistency 
with other BLM regulations.

DATES: We will accept comments and suggestions on the proposed rule 
until December 2, 2008. The BLM will not necessarily consider any 
comments received after the above date in making its decision on the 
final rule.

ADDRESSES: You may submit comments by any of the following methods 
listed below:
    Mail: 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.
    Personal or messenger delivery: 1620 L Street, NW., Room 401, 
Washington, DC 20036.
    Federal eRulemaking Portal: www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For information on the substance of 
the proposed rule, please contact Hal Hallett at (202) 452-7794 or 
Anthony Bobo Jr. at (202) 452-0333. For information on procedural 
matters, please contact Chandra Little at (202) 452-5030. 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 the 
above individuals. You will receive a reply during normal business 
hours.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures
II. Background
III. Discussion of Proposed Rule
IV. Procedural Matters

I. Public Comment Procedures

Electronic Access and Filing Address

    You may view an electronic version of this proposed rule at the 
BLM's Internet home page at www.blm.gov or at http://www.regulations.gov. You may comment via the Internet to: http://www.regulations.gov. If you submit your comments electronically, please 
include your name and return address in your Internet message.

Written Comments

    Confine written comments on the proposed rule to issues pertinent 
to the proposed rule and explain the reason for any recommended 
changes. Where possible, reference the specific section or paragraph of 
the proposal which you are addressing. The BLM need not consider or 
include in the Administrative Record for the final rule comments which 
it receives after the comment period close (see DATES), or comments 
delivered to an address other than those listed above (see ADDRESSES).
    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.

Reviewing Comments Submitted by Others

    Comments, including the names and street addresses, and other 
contact information, will be available for public review at the address 
listed under ADDRESSES during regular business hours (7:45 am to 4:15 
pm), Monday through Friday, except holidays.

II. Background

    The passage of the REA, 16 U.S.C. 6801 et seq., required the BLM to 
change its fee management regulations, policies, and procedures to 
bring them into compliance with this law. The BLM has already 
accomplished this by including in part 2930 all recreation fee 
management regulations including the requirement that visitors pay fees 
before occupying a campground or picnic area. The BLM is now amending 
part 8360 to complete the regulatory changes made necessary by the law, 
including removal of any language pertaining to recreation fees. In 
addition, the section dealing with the collection of fossils was 
modified to include common plant fossils, reflecting long established 
BLM policies. Other changes were made to group related regulations in 
the same section to simplify language and clarify the intent, and to 
resolve inconsistencies between existing provisions.

III. Discussion of Proposed Rule

Section 8360.0-3 Authority

    The proposed rule removes the Land and Water Conservation Fund Act 
(LWCFA) (16 U.S.C. 460l-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 included under REA. The BLM's policies and procedures have also 
been revised to reflect this new and revised authority.

[[Page 57565]]

Section 8360.0-5 Definitions

    In paragraph (c), the proposed rule adds the word ``recreation'' as 
a modifier to 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 subpart to distinguish 
developed recreation sites and areas from other developed sites and 
areas used for non-recreation purposes.

Section 8365.1-5 Property and Resources

    In paragraph (b)(2), the proposed rule adds plant fossils to the 
list of resources that recreational visitors may collect for non-
commercial purposes. This change will correct an oversight in this 
provision and clarify what has been a long-standing policy of the BLM 
to allow recreational collecting of common invertebrate and 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, 
invertebrate and plant fossils may be collected in reasonable amounts 
for non-commercial purposes without a permit.
    Also in paragraph (b)(2), the proposed rule removes rocks from the 
list because rocks are already included in and covered by ``mineral 
materials'' in paragraph (b)(4) of the same section. Otherwise, 
paragraphs (b)(2) and (b)(4) would remain in conflict concerning 
whether rocks can be collected by recreational visitors. This conflict 
has created problems in the past in the management of mineral 
materials.

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 was 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 conformance with part 2930, which was previously 
rewritten in response to the REA.
    The proposed rule also amends this section by removing as a 
prohibited act failure to pay fees. This prohibition is already 
included in 43 CFR 2933.33, so it is unnecessary in these regulations. 
If the proposed rule is adopted, it will also no longer be necessary to 
include fee requirements in supplementary rules issued under section 
8365.1-6.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These proposed 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 proposed 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 proposed regulations will not create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another agency.
    (3) These proposed 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 proposed 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 
language.

Clarity of the Regulations

    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 regulations easier to understand, including 
answers to questions such as the following:
    1. Are the requirements in the proposed regulations clearly stated?
    2. Do the proposed regulations contain technical language or jargon 
that interferes with their clarity?
    3. Does the format of the proposed regulations (grouping and order 
of sections, use of headings, paragraphing, etc.) aid or reduce their 
clarity?
    4. Would the regulations be easier to understand if they were 
divided into more (but shorter) sections? (A ``section'' appears in 
bold type and is preceded by the symbol ``Sec. '' and a numbered 
heading, for example: Sec.  8360.0-5 Definitions.
    5. Is the description of the proposed regulations in the 
SUPPLEMENTARY INFORMATION section of this preamble helpful in 
understanding the proposed regulations? How could this description be 
more helpful in making the proposed regulations easier to understand?
    Please send any comments you have on the clarity of the regulations 
to the address specified in the ADDRESSES section.

National Environmental Policy Act (NEPA)

    The BLM has determined that this proposed rule merely amends the 
statutory authority of our Recreation regulations from the LWCF to the 
REA. This proposed rule would bring our recreation regulations into 
compliance with the REA. The proposed 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 makes it clear that common plant fossils are 
available to recreational collectors without changing policy in that 
regard, and resolves minor inconsistencies between provisions. 
Therefore, it is categorically excluded from environmental review under 
Section 102(2)(C) of the National Environmental Policy Act, pursuant to 
516 Departmental Manual (DM), Chapter 2, Appendix 1. In addition, the 
proposed rule does not meet any of the 10 criteria for exceptions to 
categorical exclusions listed in 516 DM, Chapter 2, Appendix 2. 
Pursuant to Council on Environmental Quality regulations (40 CFR 
1508.4) and the environmental 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 (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. The proposed 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 proposed rule would not have a 
significant economic impact on a substantial number of small entities.

[[Page 57566]]

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This proposed 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 would not have an annual effect on the economy of $100 million 
or more; it would not result in major cost or price increases for 
consumers, industries, government agencies, or regions; and it would 
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 proposed 
rule merely amends the regulations to change the statutory authority of 
the BLM's Recreation regulations from the LWCF to the REA, to make 
technical changes to bring our recreation regulations into compliance 
with the REA, and to make them internally consistent. The rule will 
also amend and reorder the prohibitions to separate those that apply 
specifically to campgrounds and picnic areas from those with more 
general application.

Unfunded Mandates Reform Act

    This proposed rule would 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 proposed rule have a 
significant or unique effect on state, local, or Tribal governments. 
The rule would impose no requirements on any of these entities. We have 
already shown, in the previous paragraphs of this section of the 
preamble, that the change proposed in this rule would 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 proposed 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 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 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 would 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 proposed rule 
does not have sufficient federalism implications to warrant preparation 
of a Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, we have determined that this proposed 
rule would 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, we have 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 proposed 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 proposed 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 proposed 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, properly 
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 
of the Recreation and Visitor Services Division, Washington Office, BLM 
assisted by Chandra Little and Ted Hudson of the Regulatory Affairs 
Group, Washington Office, BLM.

List of Subjects in 43 CFR Part 8360

    Penalties, Public lands, Reporting and recordkeeping requirements, 
and Wilderness areas.

    Dated: September 18, 2008.
C. Stephen Allred,
Assistant Secretary of the Interior, Land and Minerals Management.

    For the reasons explained in the preamble, and under the authority 
of 43 U.S.C. 1740, we propose to amend chapter II, subtitle B of title 
43 of the Code of Federal Regulations as follows:

PART 8360--VISITOR SERVICES

    1. The authority citation for part 8360 is revised 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., 16 U.S.C. 1241 et seq.

Subpart 8360--General

    2. Revise Sec.  8360.0-3 to read as follows:


Sec.  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 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.).

[[Page 57567]]

    3. Amend Sec.  8360.0-5 by revising paragraph (c) to read as 
follows:


Sec.  8360.0-5  Definitions.

* * * * *
    (c) Developed recreation sites and areas mean 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.
* * * * *
    4. Revise Sec.  8365.1-5(b)(2) to read as follows:


Sec.  8365.1-5  Property and resources.

* * * * *
    (b) * * *
    (2) Nonrenewable resources such as mineral specimens, common 
invertebrate and plant fossils, and semiprecious gemstones;
* * * * *
    5. Revise Sec.  8365.2-3 to read as follows:


Sec.  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.

[FR Doc. E8-23258 Filed 10-2-08; 8:45 am]
BILLING CODE 4310-84-P