Notice of Proposed Supplementary Rules for the Blue Creek Bay Public Lands Managed by the Coeur d'Alene Field Office, Kootenai County, ID, 33469-33472 [E9-16426]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 74, Number 132 (Monday, July 13, 2009)]
[Notices]
[Pages 33469-33472]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-16426]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLIDC0100000.L12200000.IA0000.241A.0; 4500007249]


Notice of Proposed Supplementary Rules for the Blue Creek Bay 
Public Lands Managed by the Coeur d'Alene Field Office, Kootenai 
County, ID

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed Supplementary Rules.

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SUMMARY: The Bureau of Land Management (BLM) is proposing supplementary 
rules for use of 736 acres of public lands in and around Blue Creek Bay 
on Lake Coeur d'Alene. The proposed supplementary rules would implement 
decisions from the Blue Creek Bay Recreation Project Plan, approved 
January 7, 2009. The rules are necessary to protect public land natural 
resources and provide for the public's health and safety.

DATES: Comments on the proposed supplementary rules must be received in 
person or postmarked by August 12, 2009, to be assured consideration. 
In developing final supplementary rules, the BLM may not consider 
comments postmarked or received in person or by electronic mail after 
this date.

ADDRESSES: Mail or hand deliver all comments to the Bureau of Land 
Management, Coeur d'Alene Field Office, 3815 Schreiber Way, Coeur 
d'Alene, Idaho 83815 or e-mail comments to brian_white@blm.gov.

FOR FURTHER INFORMATION CONTACT: Eric R. Thomson, Field Manager, or 
Brian White, Outdoor Recreation Planner, Coeur d'Alene Field Office, 
3815 Schreiber Way, Coeur d'Alene, Idaho 83815 or call (208) 769-5000.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

    This notice and a map of the involved area are available for public 
review at the BLM Coeur d'Alene Field Office. You may mail or hand 
deliver comments to the Bureau of Land Management, Coeur d'Alene Field 
Office, 3815 Schreiber Way, Coeur d'Alene, Idaho 83815 during regular 
business hours from 7:45 a.m. to 4:30 p.m., Monday through Friday, 
except federal holidays; or e-mail comments to brian_white@blm.gov. 
Written comments on the proposed supplementary rules should be 
specific, confined to issues pertinent to the proposals, and explain 
the reason for any recommended change. Where possible, your comments 
should reference the specific section or paragraph of the proposal that 
you are addressing. The BLM may not necessarily consider or include 
comments in the administrative record for the final rule that are 
received after the comment period closes (see DATES) or comments 
delivered to an address other than that listed above (see ADDRESSES).
    Comments, including names, street addresses, and other contact 
information of respondents, will be available for public review at 3815 
Schreiber Way, Coeur d'Alene, Idaho 83815, during regular business 
hours.
    Before including your address, telephone number, e-mail address, or 
other personal indentifying information in your comment, be advised 
that your entire comment--including your personal indentifying 
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.

II. Background

    Through a series of transactions, the BLM acquired 736 acres of 
public land surrounding Blue Creek Bay on Lake Coeur d'Alene over a 10-
year period. The acquisition generated considerable public interest and 
required a substantial investment of public funds. The parcels were 
acquired with the intent of providing public access to the lake while 
retaining many of the natural elements in close proximity to a rapidly 
growing urban/suburban area. The key issues are public health and 
safety and long-term management of a public access site on Lake Coeur 
d'Alene.
    In developing a recreation plan for this area, BLM conducted 
extensive public outreach in 2007 and 2008 and analyzed alternative 
levels of development and different management strategies for the area. 
The plan considered the physical location and characteristics of the 
area, the natural resource values, recreational opportunities and 
public input. The Blue Creek Bay Recreation Project Plan, completed in 
January 2009, identified a modest level of development that included 
day-use only waterfront facilities, such as a parking area, docks, 
vault toilet and picnic sites, an upland trailhead and non-motorized 
trails; and interpretive displays for environmental education. The 
recreation plan also identified supplementary rules necessary for the 
safety of the adjacent landowners, public land users, and other 
visitors to the area.

III. Discussion of Proposed Supplementary Rules

    The proposed supplementary rules would implement decisions from the 
Blue Creek Bay Recreation Project Plan, approved January 7, 2009. The 
rules are necessary to protect natural resources on public land and 
provide for the public's health and safety. These supplementary rules 
would replace five existing restrictions orders and include one new 
restriction on overnight boat moorage.
    The following proposed supplementary rules would implement related 
decisions from the Blue Creek Bay Recreation Project Plan. Additional 
background information and justification are included following each 
proposed rule.
    (1) You must not occupy or use the Blue Creek Bay public lands from 
one hour after sundown to one hour before sunrise.
    The subject public lands, easily accessible from and in close 
proximity to a growing urban center, have attracted a variety of 
nuisance activities involving local youths, day laborers and drug 
users; that are incompatible with legitimate uses of the area. 
Unauthorized uses have included underage drinking parties and illegal 
drug use, illegal campfires, littering, and vandalism. Many of these 
activities occur when BLM personnel are not available for patrols or 
public contact. Numerous complaints have been received from local 
residents regarding nighttime activities and disturbances, particularly 
at the log landing area.
    The emergency overnight occupancy and use restriction, implemented 
in April 2008, proved effective in reducing these unauthorized uses of 
the area. The overnight occupancy and use restriction has provided an 
additional resource protection tool for BLM Law Enforcement Rangers as 
well as local law enforcement agencies.
    (2) You must not moor any boat overnight on any BLM-managed 
structure or shoreline.
    Local residents strongly objected to overnight use of the subject 
public lands throughout the planning process. The project plan for this 
area allows for day-use only, including the proposed boat

[[Page 33470]]

docks. This rule would clarify that all forms of overnight occupancy 
and use are prohibited, including moorage at structures in the area. 
The overnight occupancy and use restriction, in place since April 2008, 
effectively eliminated overnight moorage and the supplementary rule 
would continue this restriction.
    When the Kootenai County Waterways Board considered the placement 
of overnight mooring buoys in Blue Creek Bay, the proposal was rejected 
due to public objections. Although BLM does not manage the lake bottom, 
rejection of the county's buoy proposal indicates strong public desire 
for no overnight occupancy in the Blue Creek Bay area.
    (3) You must not start or maintain any open campfires, except when 
the campfire is completely contained within permanently installed steel 
fire grates or cooking grills.
    This supplementary rule would replace an existing fire restriction 
order that has been in place for several years in this area. Fires have 
been a continuous problem as some people have constructed huge bonfires 
from wooden pallets, freshly (and illegally) collected firewood, beer 
cans and bottles, and various other forms of toxic and non-toxic 
refuse. Hundreds of nails and remnants from the burned pallets remained 
in the parking area and resulted in punctured vehicle tires. This 
proposed rule is also intended to reduce the risk of wildfire in the 
area, a concern raised by neighboring private landowners and other 
members of the public during the planning process.
    (4) You must not possess a loaded firearm, except that:
    A. You may possess firearms legally within a motor vehicle in 
accordance with Idaho State Code.
    B. Waterfowl hunters may transport unloaded shotguns by the most 
direct route from either the Yellowstone Road or the Landing Road to 
the mud flat area for the purpose of hunting waterfowl below the high 
water mark of Lake Coeur d'Alene within Blue Creek Bay.
    The proximity of the site to neighboring homes and the fact that 
the property is entirely surrounded by private land makes firearm use 
an inherently hazardous situation. The public land area, comprising 736 
acres, is not large enough to safely support hunting with firearms and 
the likelihood of bullets straying onto private land is quite high. As 
recreation facilities are constructed and public use of the area 
increases, the concerns for human health and safety also increase and 
there will be a need to protect the public investment from vandalism by 
use of firearms. Replacing the existing firearm restriction with this 
proposed supplementary rule is in the best interest of public safety 
and protection of future recreation facilities for the public.
    The provision for legal waterfowl hunting on lands managed by the 
Idaho Department of Lands (IDL) is intended to allow this legitimate 
use to continue on State land accessible only by crossing BLM lands.
    (5) You must not use motor vehicles off county roads.
    The area's configuration, small size, topography and existing trail 
conditions make the area impractical for use by off-highway vehicles 
(OHVs). The area is designated as a limited use area in the 2007 Coeur 
d'Alene RMP, and the project plan allows no OHV use on trails that will 
be developed. Because the BLM acquired this area for management and 
retention of its natural values, OHV use would not be compatible with 
the trail improvements in this area. The proposed rule will help ensure 
the public clearly understands the non-motorized nature of the area.
    (6) You must not cut or collect firewood.
    Firewood cutting restrictions have been in place for several years 
as the BLM manages the timber and other resources in the area. Due to 
the area's accessibility and proximity to a large urban/suburban 
population center, it would be an attractive area for firewood 
collection by local residents. If firewood cutting and collecting were 
allowed, areas along the main roads would receive heavy use which would 
change the character of the forest in those areas. Firewood cutting and 
collecting is also incompatible with the variety of recreation uses 
that will be promoted at the site over the next several years.
    The supplementary rules are proposed under the authority of the 
Federal Land Policy and Management Act (FLPMA), 43 U.S.C. 1740 and its 
implementing regulations at 43 CFR 8365.1-6. This notice, with detailed 
maps, will be posted at the Coeur d'Alene Field Office. If adopted, all 
supplementary rules would be clearly posted on the area's kiosks, in 
addition to perimeter and trail signage typical of recreation sites.
    The proposed supplementary rules would implement a recreation plan 
that has been available for public comment. In these circumstances, a 
comment period of 30 days provides adequate opportunity for meaningful 
analysis, and reasonable time within which to formulate comments for 
submission.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

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

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) Is the description of the proposed supplementary rules in the 
``Discussion of Supplementary Rules'' section of this preamble helpful 
to your understanding of the proposed supplementary rules? How could 
this description be more helpful in making the proposed supplementary 
rules easier to understand?
    Please send any comments you have on the clarity of the 
supplementary rules to the address specified in the ADDRESSES section.

National Environmental Policy Act

    As documented in Environmental Assessment ID-410-2008-EA-60 for 
Blue Creek Bay Recreation Project Plan and the associated Finding of No 
Significant Impact and Decision Record, the proposed supplementary 
rules do not constitute a major Federal action

[[Page 33471]]

significantly affecting the quality of the human environment under 
section 102(2)(C) of the National Environmental Policy Act of 1969 
(NEPA), 42 U.S.C. 4332(2)(C).

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 certain public lands to protect natural resources and 
public facilities, and human health and safety. 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

    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 recreational activities on certain public lands to protect 
natural resources and the environment, and human health and safety.

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 recreational activities on certain public lands 
to protect natural resources and public facilities, 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 are not a government action 
capable of interfering with constitutionally protected property rights. 
The proposed supplementary rules do not address property rights in any 
form, and do not cause the impairment of anybody's property rights. 
Therefore, the BLM has determined that these proposed supplementary 
rules would not cause a taking of private property or require further 
discussion of takings implications under this Executive Order.

Executive Order 13132, Federalism

    The proposed supplementary rules will 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. Government 
vehicles are expressly excluded from the effect of the vehicle 
restrictions. The firearm restrictions in the supplementary rules do 
not apply to waterfowl hunting with a valid state hunting license on 
lands below the ordinary high-water mark of Lake Coeur d'Alene; these 
lands are managed by the Idaho Department of Lands. Therefore, in 
accordance with Executive Order 13132, BLM has determined that the 
proposed 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 BLM has determined that these 
proposed supplementary rules would not unduly burden the judicial 
system and that the requirements of sections 3(a) and 3(b)(2) of the 
Order are met. The supplementary rules contain rules of conduct for 
recreational use of certain public lands to protect human health and 
the environment.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, the BLM has found that 
these proposed supplementary rules do not include policies that have 
tribal implications. The proposed supplementary rules do not affect 
lands held for the benefit of Indians, Aleuts, or Eskimos.

Paperwork Reduction Act

    These proposed supplementary rules do not directly provide for any 
information collection that the Office of Management and Budget must 
approve under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Any 
information collection that may result from Federal criminal 
investigations or prosecutions conducted in enforcing these proposed 
supplementary rules is exempt from the provisions of the Paperwork 
Reduction Act of 1995, 44 U.S.C. 3518(c)(1).

Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    These proposed supplementary rules do not comprise a significant 
energy action. The supplementary rules would not have an adverse effect 
on energy supplies, production, or consumption. They only address 
actions within a recreation area on BLM land and have no connection 
with energy policy. The restrictions on vehicle use should have no 
substantial effect on fuel consumption, and no other provision in the 
supplementary rules has any relationship to energy supply, 
distribution, or use.

Author

    The principal author of these supplementary rules is Brian White, 
Outdoor Recreation Planner, Coeur d'Alene Field Office, Bureau of Land 
Management.
    For the reasons stated previously, and under the authority for 
supplementary rules at 43 U.S.C. 1740 and 43 CFR 8365.1-6, the Idaho 
State Director, Bureau of Land Management, proposes to issue these 
supplementary rules for the public lands in the Blue Creek Bay area 
managed by the BLM Coeur d'Alene Field Office, to read as follows:
Supplementary Rules for the Blue Creek Bay Public Lands Managed by the 
Coeur d'Alene Field Office, Kootenai County, ID
Supplementary Rules
    These supplementary rules apply, except as specifically exempted, 
to the following described public land, all of which are contiguous 
lands in Boise Meridian, Kootenai County, Idaho:

T. 50 N., R. 2 W.,
    Sec. 31, lots 5 to 8, inclusive, and E\1/2\NE\1/4\SW\1/4\.
T. 50 N., R. 3 W.,
    Sec. 26, portion of SW\1/4\ lying south and west of Sunnyside 
Road;

[[Page 33472]]

    Sec. 35, portions of lots 1, 2, and 7, lots 4, 5, and 6, W\1/
2\NE\1/4\, and N\1/2\NW\1/4\.
T. 49 N., R. 2 W.,
    Sec. 6, lot 4.
T. 49 N., R. 3 W.,
    Sec. 1, portions of lots 1, 2, 5, and 6.

    1. You must not occupy or use the Blue Creek Bay public lands from 
one hour after sundown to one hour before sunrise.
    2. You must not moor any boat overnight on any BLM-managed 
structure or shoreline.
    3. You must not start or maintain any open campfires, except when 
they are completely contained within permanently installed steel fire 
grates or cooking grills.
    4. You must not possess a loaded firearm, except that:
    A. You may possess a firearm legally within a motor vehicle in 
accordance with Idaho State Code.
    B. Waterfowl hunters may transport unloaded shotguns by the most 
direct route from either the Yellowstone Road or the Landing Road to 
the mud flat area for the purpose of hunting waterfowl below the high 
water mark of Lake Coeur d'Alene within Blue Creek Bay.
    5. You must not use motor vehicles off county roads.
    6. You must not cut or collect firewood.
Exceptions
    These supplementary rules do not apply to emergency, law 
enforcement, and Federal or other government entities while conducting 
official or emergency duties. Motor vehicle restrictions likewise do 
not apply to emergency, law enforcement, and Federal or other 
government motor vehicles while conducting official or emergency 
duties. Exemptions to these supplementary rules may be granted on a 
case-by-case basis as deemed appropriate by the Authorized Officer.
    The prohibition of firearm possession in rule 4 has no effect on 
hunting by licensed hunters in legitimate pursuit of waterfowl on lands 
managed by Idaho Department of Lands during the proper season with 
appropriate firearms.
Enforcement
    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; 43 CFR 2932.57(b). Such violations may also be subject 
to the enhanced fines provided for by 18 U.S.C. 3571. In accordance 
with 43 CFR 8365.1-7, State or local officials may also impose 
penalties for violations of Idaho law.

Peter J. Ditton,
Acting Idaho State Director.
[FR Doc. E9-16426 Filed 7-10-09; 8:45 am]
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