Final Supplementary Rules on Public Land in Oregon and Washington, 48584-48587 [05-16162]

Download as PDF 48584 Federal Register / Vol. 70, No. 159 / Thursday, August 18, 2005 / Notices authorization will not adversely affect the marketability or value of the parcel. In order to determine the value, through appraisal, of the parcels of land proposed to be sold, certain extraordinary assumptions may have been made of the attributes and limitations of the lands and potential effects of local regulations and policies on potential future land uses. Through publication of this Notice, the Bureau of Land Management gives notice that these assumptions may not be endorsed or approved by units of local government. It is the buyer’s responsibility to be aware of all applicable Federal, State, and local government laws, regulations and policies that may affect the subject lands, including any required dedication of lands for public uses. It is also the buyer’s responsibility to be aware of existing or projected use of nearby properties. When conveyed out of Federal ownership, the lands will be subject to any applicable laws, regulations, and policies of the applicable local government for proposed future uses. It will be the responsibility of the purchaser to be aware of those laws regulations, and policies, and to seek any required local approvals pursuant to them. Buyers should also make themselves aware of any Federal or State law or regulations that may impact the future use of the property. Any land lacking access from a public road or highway will be conveyed as such, and future access acquisition will be the responsibility of the buyer. Parcel N–75980. Potential bidders for parcel N–75980 should be aware of the content of a document entitled, ‘‘A Conservation Agreement for the Management of Special Resources on the Bureau of Land Management Parcels Nominated for Disposal by the City of Las Vegas’’ entered into by BLM, the U.S. Fish and Wildlife Service, the Nevada Division of Forestry and the City of North Las Vegas (the ‘‘Conservation Agreement’’). Under the Conservation Agreement, BLM retains ownership of approximately 300 acres partially surrounded by parcel N–75980 for protection and preservation of certain special plant and paleontological resources. BLM makes no warranty or representation that this Conservation Agreement is the full extent of Federal or State requirements that may impact parcel N–75980. Environmental Assessment. The SNPLMA parcels proposed for sale were analyzed in an Environmental Impact Statement (EIS), entitled ‘‘Las Vegas Land Disposal Boundary EIS’’, approved December 23, 2004. This EIS is available VerDate jul<14>2003 12:20 Aug 17, 2005 Jkt 205001 for public review at the BLM LVFO. An Environmental Assessment (EA) for this sale, which tiers to the EIS, has also been prepared. The EA is available for public review and comment at the BLM LVFO. BLM will be accepting public comment on the EA during the time for comment on the proposed sale up to October 3, 2005. Other information concerning the sale, including the appraisals, reservations, sale procedures and conditions, CERCLA and other environmental documents will be available for review at the BLM LVFO, or by calling (702) 515–5114. Most of this information also will be available on the Internet at http:// propertydisposal.gsa.gov. Public Comments: The general public and interested parties may submit comments regarding the proposed sale to the Field Manager, BLM LVFO, up to 45 days after publication of this Notice in the Federal Register. Any adverse comments regarding the proposed sale will be reviewed by the Nevada BLM State Director, or other authorized official of the Department, who may sustain, vacate, or modify this realty action in whole or in part. Any comments received during this process, as well as the name and address of the commenter, will be available to the public in the administrative record and/ or pursuant to a Freedom of Information Act request. You may indicate for the record that you do not wish to have your name and/or address made available to the public. Any determination by the Bureau of Land Management to release or withhold the names and/or addresses of those who comment will be made on a case-by-case basis. A request from a commenter to have their name and/or address withheld from public release will be honored to the extent permissible by law. (Authority: 43 CFR 2711.1–2(a) and (c)) Termination of R&PP Classification— SNPLMA Withdrawal Additionally, the following leases granted under the Recreation and Public Purposes (R&PP) Act, 43 U.S.C. 869 et seq.) have been relinquished: N–51824 (55FR39746), and N–51400 (55FR39746). The Notice officially terminates the R&PP classification and segregation of the parcels, but does not serve as an opening order because those parcels are within the disposal boundary set by Congress in SNPLMA. Pursuant to Section 4(c) of SNPLMA, these parcels are withdrawn, subject to valid existing rights, from entry and appropriation under the public land PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 laws, location and entry under the mining laws and from operation under the mineral leasing and geothermal leasing laws, until such time as the Secretary of Interior terminates the withdrawal or the lands are patented. Dated: August 10, 2005. Juan Palma, Field Manager. [FR Doc. 05–16492 Filed 8–17–05; 8:45 am] BILLING CODE 4310–HC–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [OR–930–1220–PA; HAG–04–0236] Final Supplementary Rules on Public Land in Oregon and Washington Bureau of Land Management, Interior. ACTION: Final supplementary rules. AGENCY: SUMMARY: The Bureau of Land Management (BLM) Oregon State Office is implementing supplementary rules for public lands within the states of Oregon and Washington. The rules are needed in order to protect the area’s natural resources and provide for public health and safety. The rules are based on existing regulations and address camping and residency, vehicles and off-road vehicles, fire, conduct, firearms, sanitation and refuse and permits. The supplementary rules promote consistency between BLM rules on these topics and similar rules of other natural resource agencies including the U.S. Forest Service, National Park Service, Oregon Parks and Recreation, and the Washington Department of Natural Resources. The rules are effective August 18, 2005. ADDRESSES: You may submit suggestions or inquiries to Recreation Program, Bureau of Land Management, Oregon State Office, P.O. Box 2965, Portland, Oregon, 97204, or via Internet e-mail to: http:// www.or_Final_rule@blm.gov (Include Attn: Margaret Wolf). FOR FURTHER INFORMATION CONTACT: Margaret Wolf, Oregon State Office, P.O. Box 2965, Portland, Oregon, telephone (503) 808–6061. Persons who use a telecommunications device for the deaf (TDD) may contact this individual by calling the Federal Information Relay Service (FIRS) at (800) 877–8339, 24 hours a day, 7 days a week. SUPPLEMENTARY INFORMATION: DATES: I. Background II. Discussion of Comments E:\FR\FM\18AUN1.SGM 18AUN1 Federal Register / Vol. 70, No. 159 / Thursday, August 18, 2005 / Notices III. Procedural Matters I. Background BLM proposed these supplementary rules in order to promote consistency between BLM (on issues of camping and occupancy, vehicles and off-road vehicles, fire, conduct, firearms, sanitation and refuse) and other land management agencies including the U.S. Forest Service, National Park Service, Oregon State Parks and Recreation, and the Washington Department of Natural Resources. These supplementary rules will apply to the public lands within the states of Oregon and Washington. These rules are necessary to protect the area’s natural resources and to provide for the public’s health and safety, provide needed guidance in the areas of camping, occupancy, and recreation, and allow for the assessment of penalties that are more commensurate with the level of the prohibited acts. The State of Oregon recently revised its requirement for ORV registration, placing the burden of requiring registration on each land owner. Supplementary rule b.5 (below) makes ORV registration a requirement on public lands, as endorsed by the Oregon Parks and Recreation Department. II. Discussion of Comments These rules were published as proposed supplementary rules on February 25, 2005 in the Federal Register, (70 FR 9380–9384). Comments were solicited in that publication and could be submitted by mail, electronic means, or by telephone. No comments were received by email, TDD, written submissions, or by telephone. Therefore, we are publishing the final supplementary rules as proposed, with the exception of editorial changes made for purposes of clarity. III. Procedural Matters Executive Order 12866, Regulatory Planning and Review These final supplementary rules are not a significant regulatory action and are not subject to review by Office of Management and Budget under Executive Order 12866. These final supplementary rules 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. These final supplementary rules will not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency. VerDate jul<14>2003 12:20 Aug 17, 2005 Jkt 205001 These final supplementary rules do not alter the budgetary effects of entitlements, grants, user fees, or loan programs or the rights or obligations of their recipients; nor do they raise novel legal or policy issues. They merely impose rules of conduct and impose other limitations on certain recreational activities on certain public lands to protect natural resources and human health and safety. National Environmental Policy Act BLM has prepared an environmental assessment (EA) and has found that the final supplementary rules would not constitute a major Federal action significantly affecting the quality of the human environment under section 102(2)(C) of the Environmental Protection Act of 1969 (NEPA), 42 U.S.C. 4332(2)(C). A detailed statement under NEPA is not required. BLM has placed the EA and the Finding of No Significant Impact (FONSI) on file in the BLM Administrative Record at the address specified in the ADDRESSES section. Regulatory Flexibility Act Congress enacted the Regulatory Flexibility Act of 1980 (RFA), as amended, 5 U.S.C. 601–612, to ensure that Government regulations do not unnecessarily or disproportionately burden small entities. The RFA requires a regulatory flexibility analysis if a rule would have a significant economic impact, either detrimental or beneficial, on a substantial number of small entities. These final supplementary rules should have no effect on business entities of whatever size. They merely would impose reasonable restrictions on certain recreational activities on certain public lands to protect natural resources and the environment, and human health and safety. Therefore, BLM has determined under the RFA that these final supplementary rules would not have a significant economic impact on a substantial number of small entities. Small Business Regulatory Enforcement Fairness Act (SBREFA) These final supplementary rules are not a ‘‘major rule’’ as defined at 5 U.S.C. 804(2). They would not result in an effect on the economy of $100 million or more, in an increase in costs or prices, or in significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreignbased enterprises in domestic and export markets. They would merely impose reasonable restrictions on certain recreational activities on certain PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 48585 public lands to protect natural resources and the environment, and human health and safety. Unfunded Mandates Reform Act These final 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 Final supplementary rules have a significant or unique effect on State, local, or tribal governments or the private sector. They would merely impose reasonable restrictions on certain recreational activities on certain public lands to protect natural resources and the environment, and human health and safety. They also specifically call for compliance with State laws and regulations. Therefore, 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 The final supplementary rules do not represent a government action capable of interfering with Constitutionally protected property rights. Therefore, the Department of the Interior has determined that the rule would not cause a taking of private property or require preparation of a takings assessment under this Executive Order. Executive Order 13132, Federalism These final supplementary rules would 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 final supplementary rules in several instances call for compliance with State law. Therefore, in accordance with Executive Order 13132, BLM has determined that these final supplementary rules do not have sufficient Federalism implications to warrant preparation of a Federalism Assessment. Executive Order 12988, Civil Justice Reform Under Executive Order 12988, the Office of the Solicitor has determined that this final 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. E:\FR\FM\18AUN1.SGM 18AUN1 48586 Federal Register / Vol. 70, No. 159 / Thursday, August 18, 2005 / Notices Executive Order 13175, Consultation and Coordination With Indian Tribal In accordance with Executive Order 13175, we have found that these final supplementary rules do not include policies that have tribal implications. Paperwork Reduction Act These final rules 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. Author The principal author of these supplementary rules is Margaret Wolf, Oregon State Office, P.O. Box 2965, Portland, Oregon. For the reasons stated in the preamble and under the authorities for supplementary rules found under 43 CFR 8365.1–6, 43 CFR 8364.1, 43 U.S.C. 1740, 16 U.S.C. 670h(c)(5), and 43 U.S.C. 315a, the Oregon/Washington State Director, Bureau of Land Management proposes to issue supplementary rules for public lands managed by the BLM in Oregon and Washington, to read as follows: 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. Occupancy: Full or part-time residence on public lands. It also means activities that involve residence; the construction, presence, or maintenance of temporary or permanent structures that may be used for such purposes; or the use of a watchman or caretaker for the purpose of monitoring activities. Residence or structures include, but are not limited to, barriers to access, fences, tents, motor homes, trailers, cabins, houses, buildings, and storage of equipment or supplies. Campground/Designated Recreation Area/Developed Site/Special Recreation Management Area: Sites and areas that contain structures or capital improvements primarily used by the public for recreation purposes. Off Road Vehicle (ORV): Any motorized vehicle capable of, or designed for, travel on or immediately over land, water, or other natural terrain, excluding: (1) Any nonamphibious registered motorboat; (2) any military, fire, emergency, or law enforcement vehicle while being used for emergency purposes; (3) any vehicle whose use is expressly authorized by VerDate jul<14>2003 12:20 Aug 17, 2005 Jkt 205001 the authorized officer, or otherwise officially approved; (4) vehicles in official use; and (5) any combat or combat support vehicle when used in times of national defense emergencies. Supplementary Rules for Oregon and Washington a. Camping and Occupancy 1. You must not camp longer than 14 days in a 28 day period at any one site on public land. 2. After the 14 days have been reached, you must move at least 25 air miles away from the previously occupied site. 3. You must not leave any personal property or refuse after vacating the campsite or site. 4. You must not leave personal property unattended in a day use area, campground, designated recreation area or on public lands for more than 24 hours. 5. You must not establish occupancy, take possession of, or otherwise use public lands for residential purposes except as allowed under 43 CFR 3715.2, 3715.2–1, 3715.5, 3715.6, or with prior written authorization from the BLM. 6. You must not block, restrict, place signs, or otherwise interfere with the use of a road, trail, gate or other legal access to and through public lands without prior written authorization from the BLM. 7. You must not camp in any area posted as closed to camping. Closure must be attained through a final land use planning decision, Federal Register notification, temporary closure order, or posting or positioning of a hazardous condition notice or barrier. 8. If a campsite charges fees, you must register or pay camping fees within 30 minutes of occupying the camp site. 9. Whenever camping in a developed campground or designated recreation area with established campsites, you must camp in a designated site. 10. You must crate, cage, restrain on a leash which shall not exceed six feet in length, or otherwise physically control a pet or animal at all times while in a developed recreation site. 11. You must pick up and properly dispose of pet excrement. b. Vehicles and ORV 1. You must not park or leave a vehicle or ORV in violation of posted instructions as established through a final land use planning decision, Federal Register notification, or other planning process. 2. You must not stop or park a vehicle or ORV in a manner that obstructs or interferes with the normal flow of traffic, or creates a hazardous condition. PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 3. You must not exceed posted speed limits. 4. You must possess and properly display the current Oregon ORV registration sticker as required by BLM on public land in Oregon in accordance with Oregon Revised Statutes (ORS). 5. You must not operate a motorized vehicle or ORV in violation of state laws and regulations relating to use, standards, registration, operation, and inspection. 6. You must not operate an ORV on those areas, routes, and trails closed to off-road vehicle use as established through a final land use planning decision, Federal Register notification, or other planning process. 7. You must not operate your ORV without a safety flag, where required by State law. 8. You must not operate an ORV with a muffler that exceeds legal decibel levels as required by State law. 9. You must not operate an ORV without required equipment as found in 43 CFR 8343.1 and State law. 10. You must not operate an ORV carelessly, recklessly, or without regard for the safety of any person, or in a manner that endangers, or is likely to endanger, a person or property. 11. You must not operate an ORV in a manner which damages or unreasonably disturbs the land, wildlife, improvements, property, or vegetative resources. c. Fire 1. You must not fail to observe state fire restrictions or regulations. 2. You must not violate fire prevention orders. 3. You must not leave a campfire unattended without fully extinguishing it. 4. You must not use or possess fireworks in violation of State or Federal fire prevention order, law, or regulation. 5. You must not allow a fire to escape from your control. 6. You must not carelessly or negligently throw or place any ignited substance that may cause a fire. 7. You must not fire any tracer bullet or incendiary ammunition. 8. You must not throw any accelerant into a fire. 9. You must not build a fire outside of fire rings or other fire structures provided by BLM, where these are present and required by fire restrictions. d. Conduct 1. You must not fail to disperse at the direction of an authorized officer. 2. You must not engage in fighting, threatening, abusive, indecent, obscene, or offensive behavior. E:\FR\FM\18AUN1.SGM 18AUN1 Federal Register / Vol. 70, No. 159 / Thursday, August 18, 2005 / Notices 3. You must not make unreasonable noise based on location, time of day, proximity of neighbors, or in violation of posted regulations or direction from an authorized officer, or other factors that would govern the conduct of a reasonably prudent person. 4. You must not create or maintain a hazardous or physically offensive condition. e. Firearms 1. You must not discharge a firearm or device that is designed for and capable of expelling a projectile by use of spring, air, gas or other explosive at any time into or from any area posted as a no-shooting or a safety zone, or into or from any developed camp or recreation site. No-shooting zones are established through a final land use planning decision, Federal Register notification, or other planning process. 2. You must not discharge or possess a firearm or explosive device in violation of State law. f. Sanitation and Refuse 1. You must not dispose of any cans, bottles or other refuse except in designated places or receptacles. 2. You must not dump household, commercial, or industrial refuse onto public lands. 3. You must not possess glass containers where prohibited as established through a final land use planning decision, Federal Register notification, or other planning process. 4. You must not litter. 1. You must not violate state laws relating to the use, possession, or consumption of alcohol or controlled substances. Penalties a. On public lands in grazing districts (see 43 U.S.C. 315a) and on public lands leased for grazing under 43 U.S.C. 315m, any person who violates any of these supplementary rules 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. b. On public lands subject to a conservation and rehabilitation program implemented by the Secretary under 16 U.S.C. 670g et seq. (Sikes Act), any person who violates any of these supplementary rules may be tried before a United States Magistrate and fined no more than $500.00 or imprisoned for no more than six months, or both. 16 U.S.C. 670(a)(2). Such violations may also be 12:20 Aug 17, 2005 Elaine M. Brong, Oregon State Director, Bureau of Land Management. [FR Doc. 05–16162 Filed 8–17–05; 8:45 am] BILLING CODE 4310–33–P INTERNATIONAL TRADE COMMISSION [Investigation No. 332–227] Caribbean Basin Economic Recovery Act: Impact on U.S. Industries and Consumers and on Beneficiary Countries United States International Trade Commission. ACTION: Notice of opportunity to submit comments in connection with the seventeenth report covering 2003 and 2004; change in title of investigation. AGENCY: EFFECTIVE DATE: August 12, 2005. FOR FURTHER INFORMATION CONTACT: g. Other Acts VerDate jul<14>2003 subject to the enhanced fines provided for by 18 U.S.C. 3571. c. On public lands subject to the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1701 et seq. , any person who violates any of these supplementary rules 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. 43 U.S.C. 1733(a); 43 CFR 8360.0–7. Such violations may also be subject to the enhanced fines provided for by 18 U.S.C. 3571. Jkt 205001 Walker Pollard (202–205–3228; walker.pollard@usitc.gov), Country and Regional Analysis Division, Office of Economics, U.S. International Trade Commission, Washington, DC 20436. The media should contact Peg O’Laughlin, Public Affairs Officer (202– 205–1819; margaret.olaughlin@usitc.gov). Background: Section 215(a)(1) of the Caribbean Basin Economic Recovery Act (CBERA) (19 U.S.C. 2704(a)(1)), as amended, requires that the Commission submit biennial reports to the Congress and the President regarding the economic impact of the Act on U.S. industries and consumers, and on beneficiary countries. Section 215(b)(1) requires that the reports include, but not be limited to, an assessment regarding— (1) The actual effect of CBERA on the U.S. economy generally as well as on specific domestic industries which produce articles that are like, or directly competitive with, articles being imported from beneficiary countries under the Act; and PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 48587 (2) The probable future effect of CBERA on the U.S. economy generally and on such domestic industries. Notice of institution of the investigation was published in the Federal Register of May 14, 1986 (51 FR 17678). The seventeenth report, covering calendar years 2003 and 2004, is to be submitted by September 30, 2005. The Commission has also changed the title of this investigation to delete the reference to ‘‘annual report,’’ since the reports are now provided biennially. Written Submissions: The Commission does not plan to hold a public hearing in connection with the preparation of this seventeenth report. However, interested persons are invited to submit written submissions concerning the matters to be addressed in the report. All written submissions should be addressed to the Secretary, United States International Trade Commission, 500 E Street SW., Washington, DC 20436. To be assured of consideration by the Commission, written submissions relating to the Commission’s report should be submitted to the Commission at the earliest practical date and should be received no later than the close of business on September 6, 2005. All written submissions must conform with the provisions of section 201.8 of the Commission’s Rules of Practice and Procedure (19 CFR 201.8). Section 201.8 of the rules requires that a signed original (or a copy designated as an original) and fourteen (14) copies of each document be filed. In the event that confidential treatment of the document is requested, at least four (4) additional copies must be filed, in which the confidential business information (CBI) must be deleted (see the following paragraph for further information regarding CBI). The Commission’s rules do not authorize filing submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the rules (see Handbook for Electronic Filing Procedures, http:// hotdocs.usitc.gov/pubs/ electronic_filing_handbook.pdf. Persons with questions regarding electronic filing should contact the Secretary (202– 205–2000 or edis@usitc.gov). Any submissions that contain CBI must also conform with the requirements of section 201.6 of the Commission’s rules (19 CFR 201.6). Section 201.6 of the rules requires that the cover of the document and the individual pages clearly be marked as to whether they are the ‘‘confidential’’ or ‘‘nonconfidential’’ version, and that the CBI be clearly identified by means of E:\FR\FM\18AUN1.SGM 18AUN1

Agencies

[Federal Register Volume 70, Number 159 (Thursday, August 18, 2005)]
[Notices]
[Pages 48584-48587]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16162]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[OR-930-1220-PA; HAG-04-0236]


Final Supplementary Rules on Public Land in Oregon and Washington

AGENCY: Bureau of Land Management, Interior.

ACTION: Final supplementary rules.

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SUMMARY: The Bureau of Land Management (BLM) Oregon State Office is 
implementing supplementary rules for public lands within the states of 
Oregon and Washington. The rules are needed in order to protect the 
area's natural resources and provide for public health and safety. The 
rules are based on existing regulations and address camping and 
residency, vehicles and off-road vehicles, fire, conduct, firearms, 
sanitation and refuse and permits. The supplementary rules promote 
consistency between BLM rules on these topics and similar rules of 
other natural resource agencies including the U.S. Forest Service, 
National Park Service, Oregon Parks and Recreation, and the Washington 
Department of Natural Resources.

DATES: The rules are effective August 18, 2005.

ADDRESSES: You may submit suggestions or inquiries to Recreation 
Program, Bureau of Land Management, Oregon State Office, P.O. Box 2965, 
Portland, Oregon, 97204, or via Internet e-mail to: http://www.or--
Final_rule@blm.gov (Include Attn: Margaret Wolf).

FOR FURTHER INFORMATION CONTACT: Margaret Wolf, Oregon State Office, 
P.O. Box 2965, Portland, Oregon, telephone (503) 808-6061. Persons who 
use a telecommunications device for the deaf (TDD) may contact this 
individual by calling the Federal Information Relay Service (FIRS) at 
(800) 877-8339, 24 hours a day, 7 days a week.

SUPPLEMENTARY INFORMATION:

I. Background
II. Discussion of Comments

[[Page 48585]]

III. Procedural Matters

I. Background

    BLM proposed these supplementary rules in order to promote 
consistency between BLM (on issues of camping and occupancy, vehicles 
and off-road vehicles, fire, conduct, firearms, sanitation and refuse) 
and other land management agencies including the U.S. Forest Service, 
National Park Service, Oregon State Parks and Recreation, and the 
Washington Department of Natural Resources. These supplementary rules 
will apply to the public lands within the states of Oregon and 
Washington. These rules are necessary to protect the area's natural 
resources and to provide for the public's health and safety, provide 
needed guidance in the areas of camping, occupancy, and recreation, and 
allow for the assessment of penalties that are more commensurate with 
the level of the prohibited acts.
    The State of Oregon recently revised its requirement for ORV 
registration, placing the burden of requiring registration on each land 
owner. Supplementary rule b.5 (below) makes ORV registration a 
requirement on public lands, as endorsed by the Oregon Parks and 
Recreation Department.

II. Discussion of Comments

    These rules were published as proposed supplementary rules on 
February 25, 2005 in the Federal Register, (70 FR 9380-9384). Comments 
were solicited in that publication and could be submitted by mail, 
electronic means, or by telephone.
    No comments were received by e-mail, TDD, written submissions, or 
by telephone. Therefore, we are publishing the final supplementary 
rules as proposed, with the exception of editorial changes made for 
purposes of clarity.

III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These final supplementary rules are not a significant regulatory 
action and are not subject to review by Office of Management and Budget 
under Executive Order 12866. These final supplementary rules 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. These final supplementary 
rules will not create a serious inconsistency or otherwise interfere 
with an action taken or planned by another agency.
    These final supplementary rules do not alter the budgetary effects 
of entitlements, grants, user fees, or loan programs or the rights or 
obligations of their recipients; nor do they raise novel legal or 
policy issues. They merely impose rules of conduct and impose other 
limitations on certain recreational activities on certain public lands 
to protect natural resources and human health and safety.

National Environmental Policy Act

    BLM has prepared an environmental assessment (EA) and has found 
that the final supplementary rules would not constitute a major Federal 
action significantly affecting the quality of the human environment 
under section 102(2)(C) of the Environmental Protection Act of 1969 
(NEPA), 42 U.S.C. 4332(2)(C). A detailed statement under NEPA is not 
required. BLM has placed the EA and the Finding of No Significant 
Impact (FONSI) on file in the BLM Administrative Record at the address 
specified in the ADDRESSES section.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act of 1980 (RFA), as 
amended, 5 U.S.C. 601-612, to ensure that Government regulations do not 
unnecessarily or disproportionately burden small entities. The RFA 
requires a regulatory flexibility analysis if a rule would have a 
significant economic impact, either detrimental or beneficial, on a 
substantial number of small entities. These final supplementary rules 
should have no effect on business entities of whatever size. They 
merely would impose reasonable restrictions on certain recreational 
activities on certain public lands to protect natural resources and the 
environment, and human health and safety. Therefore, BLM has determined 
under the RFA that these final supplementary rules would not have a 
significant economic impact on a substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    These final supplementary rules are not a ``major rule'' as defined 
at 5 U.S.C. 804(2). They would not result in an effect on the economy 
of $100 million or more, in an increase in costs or prices, or in 
significant adverse effects on competition, employment, investment, 
productivity, innovation, or on the ability of United States-based 
enterprises to compete with foreign-based enterprises in domestic and 
export markets. They would merely impose reasonable restrictions on 
certain recreational activities on certain public lands to protect 
natural resources and the environment, and human health and safety.

Unfunded Mandates Reform Act

    These final 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 Final supplementary rules have 
a significant or unique effect on State, local, or tribal governments 
or the private sector. They would merely impose reasonable restrictions 
on certain recreational activities on certain public lands to protect 
natural resources and the environment, and human health and safety. 
They also specifically call for compliance with State laws and 
regulations. Therefore, 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

    The final supplementary rules do not represent a government action 
capable of interfering with Constitutionally protected property rights. 
Therefore, the Department of the Interior has determined that the rule 
would not cause a taking of private property or require preparation of 
a takings assessment under this Executive Order.

Executive Order 13132, Federalism

    These final supplementary rules would 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 final 
supplementary rules in several instances call for compliance with State 
law. Therefore, in accordance with Executive Order 13132, BLM has 
determined that these final supplementary rules do not have sufficient 
Federalism implications to warrant preparation of a Federalism 
Assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the Office of the Solicitor has 
determined that this final 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.

[[Page 48586]]

Executive Order 13175, Consultation and Coordination With Indian Tribal

    In accordance with Executive Order 13175, we have found that these 
final supplementary rules do not include policies that have tribal 
implications.

Paperwork Reduction Act

    These final rules 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.

Author

    The principal author of these supplementary rules is Margaret Wolf, 
Oregon State Office, P.O. Box 2965, Portland, Oregon.
    For the reasons stated in the preamble and under the authorities 
for supplementary rules found under 43 CFR 8365.1-6, 43 CFR 8364.1, 43 
U.S.C. 1740, 16 U.S.C. 670h(c)(5), and 43 U.S.C. 315a, the Oregon/
Washington State Director, Bureau of Land Management proposes to issue 
supplementary rules for public lands managed by the BLM in Oregon and 
Washington, to read as follows:

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.
    Occupancy: Full or part-time residence on public lands. It also 
means activities that involve residence; the construction, presence, or 
maintenance of temporary or permanent structures that may be used for 
such purposes; or the use of a watchman or caretaker for the purpose of 
monitoring activities. Residence or structures include, but are not 
limited to, barriers to access, fences, tents, motor homes, trailers, 
cabins, houses, buildings, and storage of equipment or supplies.
    Campground/Designated Recreation Area/Developed Site/Special 
Recreation Management Area: Sites and areas that contain structures or 
capital improvements primarily used by the public for recreation 
purposes.
    Off Road Vehicle (ORV): Any motorized vehicle capable of, or 
designed for, travel on or immediately over land, water, or other 
natural terrain, excluding: (1) Any non-amphibious registered 
motorboat; (2) any military, fire, emergency, or law enforcement 
vehicle while being used for emergency purposes; (3) any vehicle whose 
use is expressly authorized by the authorized officer, or otherwise 
officially approved; (4) vehicles in official use; and (5) any combat 
or combat support vehicle when used in times of national defense 
emergencies.

Supplementary Rules for Oregon and Washington

a. Camping and Occupancy

    1. You must not camp longer than 14 days in a 28 day period at any 
one site on public land.
    2. After the 14 days have been reached, you must move at least 25 
air miles away from the previously occupied site.
    3. You must not leave any personal property or refuse after 
vacating the campsite or site.
    4. You must not leave personal property unattended in a day use 
area, campground, designated recreation area or on public lands for 
more than 24 hours.
    5. You must not establish occupancy, take possession of, or 
otherwise use public lands for residential purposes except as allowed 
under 43 CFR 3715.2, 3715.2-1, 3715.5, 3715.6, or with prior written 
authorization from the BLM.
    6. You must not block, restrict, place signs, or otherwise 
interfere with the use of a road, trail, gate or other legal access to 
and through public lands without prior written authorization from the 
BLM.
    7. You must not camp in any area posted as closed to camping. 
Closure must be attained through a final land use planning decision, 
Federal Register notification, temporary closure order, or posting or 
positioning of a hazardous condition notice or barrier.
    8. If a campsite charges fees, you must register or pay camping 
fees within 30 minutes of occupying the camp site.
    9. Whenever camping in a developed campground or designated 
recreation area with established campsites, you must camp in a 
designated site.
    10. You must crate, cage, restrain on a leash which shall not 
exceed six feet in length, or otherwise physically control a pet or 
animal at all times while in a developed recreation site.
    11. You must pick up and properly dispose of pet excrement.

b. Vehicles and ORV

    1. You must not park or leave a vehicle or ORV in violation of 
posted instructions as established through a final land use planning 
decision, Federal Register notification, or other planning process.
    2. You must not stop or park a vehicle or ORV in a manner that 
obstructs or interferes with the normal flow of traffic, or creates a 
hazardous condition.
    3. You must not exceed posted speed limits.
    4. You must possess and properly display the current Oregon ORV 
registration sticker as required by BLM on public land in Oregon in 
accordance with Oregon Revised Statutes (ORS).
    5. You must not operate a motorized vehicle or ORV in violation of 
state laws and regulations relating to use, standards, registration, 
operation, and inspection.
    6. You must not operate an ORV on those areas, routes, and trails 
closed to off-road vehicle use as established through a final land use 
planning decision, Federal Register notification, or other planning 
process.
    7. You must not operate your ORV without a safety flag, where 
required by State law.
    8. You must not operate an ORV with a muffler that exceeds legal 
decibel levels as required by State law.
    9. You must not operate an ORV without required equipment as found 
in 43 CFR 8343.1 and State law.
    10. You must not operate an ORV carelessly, recklessly, or without 
regard for the safety of any person, or in a manner that endangers, or 
is likely to endanger, a person or property.
    11. You must not operate an ORV in a manner which damages or 
unreasonably disturbs the land, wildlife, improvements, property, or 
vegetative resources.

c. Fire

    1. You must not fail to observe state fire restrictions or 
regulations.
    2. You must not violate fire prevention orders.
    3. You must not leave a campfire unattended without fully 
extinguishing it.
    4. You must not use or possess fireworks in violation of State or 
Federal fire prevention order, law, or regulation.
    5. You must not allow a fire to escape from your control.
    6. You must not carelessly or negligently throw or place any 
ignited substance that may cause a fire.
    7. You must not fire any tracer bullet or incendiary ammunition.
    8. You must not throw any accelerant into a fire.
    9. You must not build a fire outside of fire rings or other fire 
structures provided by BLM, where these are present and required by 
fire restrictions.

d. Conduct

    1. You must not fail to disperse at the direction of an authorized 
officer.
    2. You must not engage in fighting, threatening, abusive, indecent, 
obscene, or offensive behavior.

[[Page 48587]]

    3. You must not make unreasonable noise based on location, time of 
day, proximity of neighbors, or in violation of posted regulations or 
direction from an authorized officer, or other factors that would 
govern the conduct of a reasonably prudent person.
    4. You must not create or maintain a hazardous or physically 
offensive condition.

e. Firearms

    1. You must not discharge a firearm or device that is designed for 
and capable of expelling a projectile by use of spring, air, gas or 
other explosive at any time into or from any area posted as a no-
shooting or a safety zone, or into or from any developed camp or 
recreation site. No-shooting zones are established through a final land 
use planning decision, Federal Register notification, or other planning 
process.
    2. You must not discharge or possess a firearm or explosive device 
in violation of State law.

f. Sanitation and Refuse

    1. You must not dispose of any cans, bottles or other refuse except 
in designated places or receptacles.
    2. You must not dump household, commercial, or industrial refuse 
onto public lands.
    3. You must not possess glass containers where prohibited as 
established through a final land use planning decision, Federal 
Register notification, or other planning process.
    4. You must not litter.

g. Other Acts

    1. You must not violate state laws relating to the use, possession, 
or consumption of alcohol or controlled substances.
Penalties
    a. On public lands in grazing districts (see 43 U.S.C. 315a) and on 
public lands leased for grazing under 43 U.S.C. 315m, any person who 
violates any of these supplementary rules 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.
    b. On public lands subject to a conservation and rehabilitation 
program implemented by the Secretary under 16 U.S.C. 670g et seq. 
(Sikes Act), any person who violates any of these supplementary rules 
may be tried before a United States Magistrate and fined no more than 
$500.00 or imprisoned for no more than six months, or both. 16 U.S.C. 
670(a)(2). Such violations may also be subject to the enhanced fines 
provided for by 18 U.S.C. 3571.
    c. On public lands subject to the Federal Land Policy and 
Management Act of 1976, 43 U.S.C. 1701 et seq. , any person who 
violates any of these supplementary rules 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. 43 U.S.C. 1733(a); 43 CFR 8360.0-7. Such 
violations may also be subject to the enhanced fines provided for by 18 
U.S.C. 3571.

Elaine M. Brong,
Oregon State Director, Bureau of Land Management.
[FR Doc. 05-16162 Filed 8-17-05; 8:45 am]
BILLING CODE 4310-33-P