Notice of Intent To Collect Fees on Public Land in Chouteau County, Montana Under the Federal Lands Recreation Enhancement Act (REA) and Impose Supplementary Rules, 37049-37051 [E7-13083]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management, Interior
• Land Management Bureau

[Federal Register Volume 72, Number 129 (Friday, July 6, 2007)]
[Notices]
[Pages 37049-37051]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-13083]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management, Interior

[MT066-1220-FV]


Notice of Intent To Collect Fees on Public Land in Chouteau 
County, Montana Under the Federal Lands Recreation Enhancement Act 
(REA) and Impose Supplementary Rules

AGENCY: Bureau of Land Management, Lewistown Field Office, Fort Benton, 
Montana.

ACTION: Notice of intent.

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SUMMARY: The Bureau of Land Management proposes to establish fees and 
supplementary rules for the Upper Missouri River Breaks National 
Monument (UMRBNM) Interpretive Center for public use of the day-use 
areas. The fees are authorized under the Federal Lands Recreation 
Enhancement Act (REA), 16 U.S.C. 6801 et seq. The UMRBNM Interpretive 
Center qualifies as a site wherein visitors can be charged a ``Standard 
Amenity Recreation Fee'' authorized under section 3(4)(f) of the REA, 
for a recreation use permit described at 43 CFR part 2930. The 
supplementary rules, developed pursuant to 43 CFR 8365.1-6, are 
necessary for human health and safety and to protect the natural 
resources of the site. In accordance with BLM recreation fee program 
policy, the business plan explains the fee collection process, as well 
as outlining how the fees will be used at the UMRBNM Interpretive 
Center. BLM has notified and involved the public at each stage of the 
planning process, including the proposal to collect fees.

DATES: There will be a thirty (30) day public comment period that will 
expire 30 days after publication of this notice. The public is 
encouraged to participate in the public comment period. Effective 6 
months after the publication of this notice, the Bureau of Land 
Management, Lewistown Field Office will initiate fee collection in the 
UMRBNM Interpretive Center, unless BLM publishes a Federal Register 
notice to the contrary. The Central Montana Resource Advisory Council 
(RAC) will review consideration for the new fee at least 3 months prior 
to the proposed initiation date. BLM may not necessarily consider or 
include in the Administrative Record for the final supplementary rules 
comments that are received after the close of the comment period 
described in this paragraph or comments that are delivered to an 
address other than that listed in the following paragraph.

ADDRESSES: (1) You may mail comments on the proposed fee and 
supplementary rules to Bureau of Land Management (BLM), Field Manager, 
Lewistown Field Office, 920 NE Main Street, Lewistown, MT 59457; (2) 
You may hand deliver comments to the Bureau of Land Management at the 
same address.

FOR FURTHER INFORMATION CONTACT: June Bailey, Field Office Manager, 
Bureau of Land Management, 920 NE Main Street, Lewistown, MT 59457, 
406-538-1900.

SUPPLEMENTARY INFORMATION: The UMRBNM Interpretive Center is a day-use 
site located at the head of the Wild and Scenic Upper Missouri River, 
and the Upper Missouri River Breaks National Monument in Fort Benton, 
Montana. Pursuant to the REA, a fee per person will be charged for day 
use. BLM will charge separate fees for day use, educational tours, area 
passes and group reservations of the center. These fees will be posted 
at the UMRBNM Interpretive Center, at the Web site https://
www.mt.blm.gov/ldo/um/docs/interpretivecenter.htm, and at the Lewistown 
Field Office in Lewistown, MT. Fees must be paid at the front desk 
located in the lobby of the interpretive center. People holding a River 
and Plains Society partnership pass; the America The Beautiful--The 
National Parks and Federal Recreational Lands Pass (i.e. the 
Interagency Annual Pass, Interagency Senior Pass, Interagency Access 
Pass, and Interagency Volunteer Pass); the National Parks Pass with 
Golden Eagle Hologram; and the Golden Eagle, Golden Age or Golden 
Access Passports will be entitled to free admission to the UMRBNM 
Interpretive Center.
    The REA provides authority for 10 years for the Secretary of the 
Interior and the Secretary of Agriculture to establish, modify, charge, 
and collect recreation fees for use of some Federal recreation lands 
and waters, and contains specific provisions addressing public 
involvement in the establishment of recreation fees, including a 
requirement that Recreation Resource Advisory Committees or Councils 
have the opportunity to make recommendations regarding establishment of 
such fees. REA also directed the Secretaries of the Interior and 
Agriculture to publish advance notice in the Federal Register whenever 
new recreation fee areas are established under their respective 
jurisdictions. In accordance with BLM recreation fee program policy, 
the Lewistown Field Office UMRBNM Interpretive Center business plan 
explains the fee collection process, and outlines how the fees will be 
used at the UMRBNM Interpretive Center. BLM has notified and involved 
the public at each stage of the planning process, including the 
proposal to collect fees. Fee amounts will be posted on-site, and at 
the Lewistown Field Office, and copies of the business plan will be 
available at the Lewistown Field Office and the BLM Montana State 
Office.
    The supplementary rules proposed pursuant to 43 CFR 8366.1-5 will 
not create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency. These proposed supplementary 
rules do not alter the budgetary effects of entitlements, grants, user 
fees, or loan programs or the rights or obligations of their 
recipients; nor do they raise novel legal or policy issues. They merely 
impose rules of conduct and other limitations on certain recreational 
activities at a recreation site at the UMRBNM Interpretive Center to 
protect natural resources and human health and safety. This new 
interpretive center opened to the public on October 18, 2006. Fees have 
not been charged at this site in the past. Information concerning the 
proposed new fees has been available on the BLM Web site, is posted on 
site, has been written up in local newspapers, and has been spread 
through word of mouth from on-site volunteer hosts and local users. 
These efforts will continue following publication of this notice, with 
additional press releases to local news media.

Clarity of the Supplementary Rules

    Executive Order 12866 requires each agency to write regulations 
that are simple and easy to understand. The BLM invites your comments 
on how to make these proposed supplementary rules easier to understand, 
including answers to questions such as the following: (1) Are the 
requirements in the proposed supplementary rules clearly stated? (2) Do 
the proposed supplementary rules contain technical language or jargon 
that interferes with their clarity? (3) Does the format of the proposed 
supplementary rules (grouping and order of sections, use of headings, 
paragraphing, etc.) aid or reduce their clarity? (4) Would the 
supplementary rules be easier to understand if they were divided into 
more (but shorter) sections? (5) Is the

[[Page 37050]]

discussion of the proposed supplementary rules in the SUPPLEMENTARY 
INFORMATION section of this preamble helpful to your understanding of 
the proposed supplementary rules? and (6) How could this material be 
more helpful in making the proposed supplementary rules easier to 
understand?
    BLM welcomes public comments on this proposal, both as to the 
proposed fee and supplementary rules. Please send any comments to the 
address specified in the ADDRESSES section. Before including your 
address, phone number, e-mail address, or other personal identifying 
information in your comment, you are advised 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 
from public review your personal identifying information, we cannot 
guarantee that we will be able to do so.

National Environmental Policy Act

    BLM prepared Environmental Impact Statement No. MT 060-02-16 (EIS) 
to analyze the environmental impacts of the construction of the UMRBNM 
Interpretive Center. These proposed supplementary rules are designed to 
mitigate potential user-related issues discussed in the environmental 
impact statement. While the EIS does not include or analyze specific 
language for the proposed rules, it does inform the public that rules 
for use of the area will be developed to reduce user/residential 
conflicts and to protect important resources and values of the area.
    The EIS states that visitation to the area is expected to increase 
with time, and this would occur in a primarily residential area. This 
would adversely impact a quiet residential area due to increased 
traffic on Front Street. Using Front Street and not Main Street as the 
primary access route would create less residential impact since there 
are fewer homes on Front Street than on Main Street.
    The proposed supplementary rules are designed to mitigate these 
specific issues addressed in the EIS. The BLM has found that the 
proposed 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). The EIS is available for review 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 proposed supplementary 
rules should have no effect on business entities of whatever size. They 
merely would impose reasonable restrictions on certain recreational 
activities on the UMRBNM to protect natural resources and the 
environment, and human health and safety.
    To determine an appropriate fee structure, BLM has worked with its 
partners in the project, the city of Fort Benton and the River and 
Plains Society. The River and Plains Society is responsible for 
administering three interpretive sites in Fort Benton: The Old Fort, 
the Agricultural Museum and Pioneer Village, and the Museum of the 
Upper Missouri (local Fort Benton history and `tall tales'). BLM has 
also queried managers of regional recreational facilities, including 
the Lewis and Clark Interpretive Center, Ulm Pishkun State Park, Giant 
Springs State Park as well as the C.M. Russell Museum, all in Great 
Falls. As part of this process, BLM will work closely with its partners 
in Fort Benton to assure them of appropriate and commensurate fees. BLM 
also plans to offer an `area pass' that can be purchased at any site, 
and allow the ticket holder admittance to any of these venues in Fort 
Benton. In addition, the proposed fees will be consistent with fees 
being charged for the same services at other public and BLM facilities. 
Therefore, BLM has determined under the RFA that these proposed 
supplementary rules would not have a significant economic impact on a 
substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    These proposed 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 activities at one recreation site within the Upper Missouri 
River Breaks National Monument and inside the city limits of Fort 
Benton, to protect natural resources and the environment, and human 
health and safety. The user fees proposed for the site are comparable 
to fees charged for similar facilities in the region and will not 
unfairly compete with local small businesses.

Unfunded Mandates Reform Act

    These proposed supplementary rules do not impose an unfunded 
mandate on State, local or Tribal governments or the private sector of 
more than $100 million per year; nor do these proposed supplementary 
rules have a significant or unique effect on State, local, or tribal 
governments or the private sector. They would merely impose reasonable 
restrictions on certain activities at one recreation site within the 
UMRBNM Interpretive Center and inside the city limits of Fort Benton to 
protect natural resources and the environment, and human health and 
safety. 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 (Takings)

    The proposed supplementary rules do not represent a government 
action capable of interfering with constitutionally protected property 
rights. The proposed supplementary rules would have no effect on 
private lands or property. 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

    The proposed 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. The proposed 
supplementary rules would have no effect on State or local government, 
and specifically exempt State and local government law enforcement and 
emergency personnel and activities from the effect of the supplementary 
rules. Therefore, in accordance with Executive Order 13132, BLM has 
determined that these proposed supplementary rules do not have 
sufficient federalism implications

[[Page 37051]]

to warrant preparation of a federalism assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the Office of the Solicitor determined 
that these proposed supplementary rules would not unduly burden the 
judicial system and that they meet the requirements of sections 3(a) 
and 3(b)(2) of the Order.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    Coordination and consultation as to development of the UMRBNM 
Interpretive Center and the proposed establishment of new fees has 
included contact with the following Tribal entities: Blackfeet, Nez 
Perce and Little Shell Band of the Chippewa Tribes. As a result of the 
consultation and coordination, in accordance with Executive Order 
13175, BLM has found that these proposed fees and supplementary rules 
for the recreation site do not include policies that have Tribal 
implications.

Paperwork Reduction Act

    These proposed supplementary 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 proposed supplementary rules is 
Connie Jacobs, UMRBNM Interpretive Center, Lewistown Field Office, 
Bureau of Land Management. The proposed supplementary rules for the 
UMRBNM Interpretive Center will go into effect six months after the 
publication of this notice. The supplementary rules will be posted at 
the site, in the center and the Lewistown Field Office and on the Web 
site https://www.mt.blm.gov/ldo/.
    The following supplementary rules are established for the 
interpretive center site:
    1. Rules.
    a. No parking at the site overnight; no parking lot use from 10:30 
p.m. through 6 a.m.
    b. Vehicles and camping gear may not be left unattended in the 
parking lot or interpretive center site for longer than 24 hours.
    c. Firearms, bows and arrows, other weapons, air rifles, paintball 
equipment, pistols and any projectile may not be discharged in the 
parking lot or on the interpretive center site at any time.
    d. Persons using the interpretive center will be subject to a 
standard amenity fee. Future adjustments in the fee amount will be 
modified in accordance with the BLM Upper Missouri River Breaks 
National Monument Interpretive Center business plan, consultation with 
the Central Montana Resource Advisory Council and other public notice 
prior to a fee increase. All fee information will be on the Web site 
https://www.blm.gov/mt/st/en/fo/lewistown_field_office.html and posted 
at the Lewistown Field Office and the UMRBNM Interpretive Center. Fee 
amounts are posted on-site, at the BLM Montana State Office, and the 
BLM Lewistown Field Office. Copies of the adjustment schedule and the 
Upper Missouri River Breaks National Monument Interpretive Center 
business plan are available for inspection at on-site, at the BLM 
Montana State Office, and at the BLM Lewistown Field Office.
    e. Motorized vehicles must remain on constructed roadways, must 
park at designated sites only, and may not obstruct traffic flow or 
park at handicap accessible sites without having required accessible 
parking documentation. Cross-country vehicle travel is not allowed.
    f. Drivers must obey posted speed limits at all times.
    g. Pets must be kept on a leash within the interpretive center 
site, and day use areas must be kept free of pet waste.
    h. Organizations making a profit, or organizations seeking to make 
a profit at the UMRBNM Interpretive Center, are classified as 
commercial and must obtain a special recreation permit separate from 
the standard amenity fee at the interpretive center.
    2. Exceptions.
    Federal, state, and local law enforcement officers, government 
employees, and BLM volunteers acting in the course of their official 
duties are exempt from these supplementary rules. Limitations on the 
use of motorized vehicles do not apply to emergency vehicles, fire 
suppression and rescue vehicles, law enforcement vehicles, and other 
vehicles performing official duties, or as approved by an authorized 
officer of BLM.
    3. Violations of these rules are punishable by a fine not to exceed 
$1,000 and/or imprisonment not to exceed 12 months (43 CFR 8360.0-7), 
or the enhanced penalties established in 18 U.S.C. 3571.

    Authority: Notice of establishment of the fee area is provided 
pursuant to 16 U.S.C. 6803(b). Supplementary Rules are established 
pursuant to 43 CFR 8365.1-5. BLM welcomes public comments on this 
proposal.

    Dated: April 17, 2007.
June Bailey,
Field Office Manager, Lewistown Field Office.
[FR Doc. E7-13083 Filed 7-5-07; 8:45 am]
BILLING CODE 4310-SS-P