Final Supplementary Rules for the Upper Snake Field Office, Idaho, 33346-33352 [2011-14198]

Agencies

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

[Federal Register Volume 76, Number 110 (Wednesday, June 8, 2011)]
[Notices]
[Pages 33346-33352]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14198]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLIDI01000-10-L12200000.AL0000]


Final Supplementary Rules for the Upper Snake Field Office, Idaho

AGENCY: Bureau of Land Management, Interior.

ACTION: Final supplementary rules.

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SUMMARY: The Bureau of Land Management (BLM) is finalizing

[[Page 33347]]

supplementary rules for all BLM-managed public lands within the 
approximate 119 miles of river corridor addressed in the Snake River 
Activity/Operations Plan Revision Environmental Assessment (hereafter 
referred to as the Snake River Plan), which was developed jointly by 
the BLM and the U.S. Forest Service (USFS) and approved July 8, 2008. 
The Decision Record for the Snake River Plan identifies implementation 
level decisions which describe an array of management actions designed 
to conserve natural and cultural resources on lands managed by the BLM 
and the USFS while providing for recreational opportunities in the 
area. These supplementary rules will help enforce the decisions in the 
Snake River Plan and will be enforced on lands managed by the BLM.

DATES: These supplementary rules are effective July 8, 2011.

ADDRESSES: You may direct inquiries to the Bureau of Land Management, 
Upper Snake Field Office, 1405 Hollipark Drive, Idaho Falls, Idaho 
83401; or by e-mail: Shannon_Bassista@blm.gov.

FOR FURTHER INFORMATION CONTACT: Field Manager, BLM Upper Snake Field 
Office at (208) 524-7500. Contact Ron Dickemore, USFS Palisades Ranger 
District, for information concerning enforcement on lands managed by 
the USFS (208) 523-1412.

SUPPLEMENTARY INFORMATION: 

I. Background
II. Discussion of Public Comments
III. Discussion of Supplementary Rules
IV. Procedural Matters

I. Background

    The Snake River Plan covers approximately 119 miles of river 
corridor and adjacent public lands in southeast Idaho, including the 
South Fork of the Snake River (South Fork) from Palisades Dam to the 
confluence with the Henry's Fork of the Snake River (Henry's Fork), the 
Henry's Fork from St. Anthony to its confluence with the South Fork, 
and the main stem of the Snake River (Main Snake) from the confluence 
south to Market Lake Canal below Lewisville Knolls. A map entitled 
``The Snake River Planning Area'' is available at the BLM Upper Snake 
Field Office, located at the address in the ADDRESSES section of this 
notice.
    During the Snake River Plan planning process, the BLM and the USFS 
gathered public scoping information using a variety of methods over a 
three-year period. Initially, the BLM created traveling kiosks to 
provide information about the planning process. The kiosks were placed 
at key locations in the greater planning area and contained comment 
cards that helped generate an interested public list. The BLM then 
distributed multiple mailings to over 1,000 people with each mailing 
and received comments concerning the management directions for the 
plan. The mailing list included all members of the public who supplied 
their addresses during public scoping events, as well as South Fork 
season pass holders. BLM staff hosted multiple public scoping meetings, 
presented the Snake River Plan to interested groups (e.g., local 
fishing clubs, county commissioners, water user groups), and received 
numerous comments.
    The BLM consulted the Shoshone-Bannock Tribes over the course of 
the planning timeframe. Multiple scoping meetings with the Shoshone-
Bannock Tribes Fort Hall Business Council, Environmental Management 
staff, and Fish and Wildlife staff were held. The BLM received tribal 
comments on the proposed management actions and recreation issues. In 
addition, the draft plan was reviewed by the Shoshone-Bannock Tribes, 
and the BLM incorporated comments into the Decision Record for the 
Snake River Plan.
    These supplementary rules will help the BLM achieve management 
objectives and implement the Snake River Plan's decisions. These 
supplementary rules will also allow the BLM to enforce the decisions to 
help prevent damage to natural resources, provide for public health, 
and provide for safe public recreation. These supplementary rules 
supersede the following notices: (1) Notice of Emergency Closure of 
Public Lands, Idaho, 53 FR 8701 (March 16, 1988); (2) Notice of 
Seasonal Restrictions and Limited Land Use, Closure Order, Idaho, 57 FR 
27264 (June 18, 1992); and (3) Notice of Sanitation and Special 
Recreation Permit Requirements on the South Fork of the Snake River, 60 
FR 19762 (April 20, 1995).

II. Discussion of Public Comments

    The BLM Upper Snake Field Office proposed supplementary rules in 
the Federal Register on August 31, 2010 (75 FR 53335). Public comments 
were accepted by mail and/or email for a 30-day period ending on 
September 30, 2010. The BLM received 11 comments concerning the 
boundary of the Stinking Springs human entry closure. One comment 
suggested the use of fire blankets instead of fire pans, and one 
comment requested prohibiting recreational vehicle (RV) owners from 
dumping their tanks at the dump station at Byington. The Idaho 
Department of Parks and Recreation (IDPR) commented about off-highway 
vehicle (OHV) use in Kelly Island Campground and expressed concern that 
the OHV definition is vague in the proposed supplementary rules.

III. Discussion of Supplementary Rules

    These final supplementary rules apply to BLM-managed lands located 
along 119 miles of river corridor that were analyzed in the Snake River 
Plan. These final supplementary rules are necessary to protect natural 
resources on public land and provide for the public's health and 
safety. These final supplementary rules will implement decisions 
outlined in the Decision Record for the Snake River Plan signed on July 
8, 2008. Maps that pertain to the final supplementary rules will be 
available at the BLM office in Idaho Falls and on the following BLM Web 
site: https://www.blm.gov/id/st/en/fo/upper_snake/snake_river_plan_maps.html. All management decisions are proposed under the authority of 
43 CFR 8341.1, 8364.1, 8365.1-4, and 9268.3. Please see the preamble 
for the proposed supplementary rules (75 FR 53335-53336) for further 
discussion of the supplementary rules.
    The final supplementary rules incorporate changes based on the 
comments mentioned in the previous section titled ``Discussion of 
Public Comment.'' Internal review led to some technical changes in 
grammar and formatting. All Web site changes from the proposed 
supplementary rules to the final supplementary rules were due to Web 
site design changes at the BLM Idaho state office level. The following 
paragraphs explain all major changes and reasoning behind the changes 
from the proposed supplementary rule to the final supplementary rule. 
Supplementary rules that are not discussed in this preamble either 
received no public comment or remain as proposed.
    The definitions were moved to the beginning of the supplementary 
rules in order to facilitate their use.
    Most of the comments received were in response to the Stinking 
Springs seasonal human entry closure. Local skiers and snowshoers 
requested that the size of the human entry closure boundary be reduced 
to allow more area for winter recreation activities. The BLM consulted 
with the Idaho Department of Fish and Game and reviewed big game data 
collected over the last four years. Biologists determined that there 
was a lack of wintering big game in the areas requested for exclusion 
from the human

[[Page 33348]]

entry closure. Therefore, the boundary of the Stinking Springs human 
entry closure has been altered to accommodate recreation requests. The 
legal description in Rule 7(c) has been changed to reflect the altered 
boundary, the total acreage of the closure has been added, and the 
address where the official plat is located has been added.
    The IDPR requested that OHVs be allowed to enter and exit Kelly 
Island Campground without being trailered. The campground is compact, 
does not provide the road capacity needed to accommodate OHV traffic, 
and is crowded with pedestrians. The proposed supplementary rules would 
have required visitors to unload OHVs in designated areas near the 
entrance of the campground, allowing them the opportunity to ride on 
local trails while camping at Kelly Island. No change is reflected in 
the final supplementary rules concerning this comment. The IDPR also 
recommended a change in the OHV definition to make it more clear, more 
concise, and consistent with Idaho State Code. The BLM Idaho program 
lead for trails, OHV use, and travel management coordinated with the 
IDPR program lead for motorized travel to develop a definition that 
meets both the BLM and Idaho State Code standards. The OHV definition 
in the final supplementary rules has been modified to address the needs 
of both agencies.
    The area description to which the final supplementary rules apply 
has been changed in both Rule 5(a) and Rule 10. In Rule 5(a) the area 
description was changed from ``the 119-mile river corridor'' to the 
``Snake River planning area.'' In Rule 10 the area description was 
changed from ``designated recreation sites or areas identified by a BLM 
map or sign'' to the ``Snake River planning area.'' The phrase ``Snake 
River planning area'' provides more precise guidance for law 
enforcement and can be portrayed accurately and more easily on a single 
map for the general public. The area descriptions in the proposed 
supplementary rules were vague and would also need many maps to be 
identified, versus just one map. In addition, the description ``119-
mile river corridor'' does not set clear boundaries for law enforcement 
to know where to enforce the supplementary rules (e.g., enforce 
supplementary rules when they can see the river, enforce supplementary 
rules when they are \1/4\ mile from the river, etc.). Although the area 
descriptions are now called ``the Snake River planning area'' in the 
final supplementary rules, the public lands included under the final 
supplementary rules are the same lands that would have been encompassed 
by the proposed supplementary rules.
    The title of Rule 10 was changed from ``Parking Restrictions'' to 
``Parking Restrictions and Regulatory Signs.'' The term ``Parking 
Restrictions'' does not entirely apply to directional parking signs. 
Therefore, the term ``Regulatory Signs'' was added to include all signs 
posted at BLM-managed sites and locations within the Snake River 
planning area.
    The comment requesting the use of fire blankets instead of fire 
pans was not incorporated in the final supplementary rules. To properly 
use a fire blanket, dirt must be dug up with each use and piled on the 
blanket to prevent scorching. Significant resource damage and 
vegetative impacts would occur if fire blankets were allowed along with 
or instead of fire pans in the Snake River planning area.
    Rule 5(c) was added to clarify that RV owners are prohibited from 
emptying their tanks in the dump station at Byington boat access. The 
capacity of the dump station vault at Byington is a fraction of the 
size needed to accommodate multiple RV tanks. The dump station at 
Byington was installed to allow visitors to empty their portable 
toilets after multiple-night float trips and does not have the capacity 
to accommodate multiple RV tanks as well. It is also unsanitary for 
both river users emptying portable toilets and RV owners emptying tanks 
to use the same facility.
    The following changes were made in Rule 7(a):
     The word ``most'' was added to a sentence in Rule 7(a) 
that described the open roads in the planning area. As written in the 
proposed supplementary rules, the sentence stated that ``the'' open 
roads in the planning area are located within the developed recreation 
site boundaries. That phrasing may have been confusing for law 
enforcement and the general public because it implied that the only 
open roads in the Snake River planning area are within developed 
recreation sites. The addition of the word ``most'' indicates that some 
of the open roads in the Snake River planning area are not within 
developed recreation site boundaries;
     A reference to ``red boundary lines'' on the maps of 
developed recreation sites was added in order to make these maps 
authoritative for BLM employees, volunteers, and the general public; 
and
     A reference to a Web site was corrected.
    The final supplementary rule now reads in pertinent part, ``Most 
open roads in the planning area are located within the developed 
recreation site boundaries and are identified by maps (red boundary 
lines) and/or legal descriptions available at the BLM Upper Snake Field 
Office and at the following Web site: https://www.blm.gov/id/st/en/fo/upper_snake/snake_river_plan_maps.html.''
    In the final supplementary rule titled ``Exceptions,'' a reference 
to a Web site was corrected.

IV. 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 the 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. These 
final supplementary rules 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 materially 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. These final supplementary rules 
will not affect legal commercial activity, but merely restrict or 
prohibit, in a reasonable manner, certain public conduct and uses of a 
limited area of public lands.

National Environmental Policy Act

    The BLM and USFS prepared an Environmental Assessment (EA) (ID-310-
2006-EA-3398) for the Snake River Activity/Operations Plan Revision, 
and found that the management direction implementing the plan decisions 
will not constitute a major Federal action 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). 
The BLM has placed the EA, Finding of No Significant Impact (FONSI), 
and Decision Record on file in the BLM Administrative Record at the 
address specified in the ADDRESSES section. The EA and FONSI are also 
located on the following BLM Upper Snake Field Office Web site: https://www.blm.gov/id/st/en/fo/upper_snake.html.

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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 
conserve natural and cultural resources and protect public health and 
safety, while providing for recreational opportunities in the area. 
Therefore, the 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

    These final supplementary rules do not constitute a major rule as 
defined at 5 U.S.C. 804(2). These final supplementary rules merely 
protect public health and safety and conserve natural and cultural 
resources, while providing for recreational opportunities in the area 
and do not:
    (1) Have an annual effect on the economy of $100 million or more;
    (2) Cause a major increase in costs or prices for consumers, 
individual industries, Federal, State, or local government agencies, or 
geographic regions; or
    (3) Have 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.

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. These final supplementary rules have no effect 
on State, local, or tribal governments and do not impose any 
requirements on any of these entities. These final supplementary rules 
merely impose reasonable limitations or prohibitions on certain public 
conduct and uses of a limited area of public lands. These final 
supplementary rules will conserve natural and cultural resources, and 
protect public health and safety, while providing for recreational 
opportunities in the area. Therefore, the BLM has determined that a 
statement containing the information required by the Unfunded Mandates 
Reform Act (2 U.S.C. 1531 et seq.) is not required.

Executive Order 12630, Governmental Actions and Interference With 
Constitutionally Protected Property Rights (Takings)

    These final supplementary rules do not represent a government 
action capable of interfering with constitutionally protected property 
rights. The final supplementary rules do not address property rights in 
any form, and do not cause the impairment of one's property rights. 
Therefore, the BLM has determined that these final 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

    These final 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. These final 
supplementary rules do not conflict with any Idaho State law or 
regulation. Therefore, in accordance with Executive Order 13132, the 
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 Idaho State Office of the BLM has 
determined that these final 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

    In accordance with Executive Order 13175, the BLM has found that 
these final supplementary rules do not include policies that have 
tribal implications. Government-to-Government consultation was 
conducted with the Shoshone-Bannock Tribes over the course of the 
planning effort.

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

    These final supplementary rules do not comprise a significant 
energy action. These final supplementary rules will not have an adverse 
effect on energy supply, production, or consumption and have no 
connection with energy policy.

Paperwork Reduction Act

    These final 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 final supplementary rules is Shannon 
Bassista, Outdoor Recreation Planner, Bureau of Land Management.
    For the reasons stated in the Preamble and under the authority of 
FLPMA, 43 U.S.C. 1733(a) and 43 CFR 8365.1-6, the Upper Snake Field 
Office, BLM, proposes to issue supplementary rules for BLM managed 
lands covered by the Snake River Plan, to read as follows:

Supplementary Rules for the Snake River Planning Area Identified 
Definitions

    For purposes of these supplementary rules, the following 
definitions apply unless modified within a specific part or regulation:
    Camping means erecting a tent or a shelter of natural or synthetic 
materials, preparing a sleeping bag or other bedding material for use, 
or parking a motor vehicle, motor home, or trailer for the purpose or 
apparent purpose of overnight occupancy.
    Designated campsite means a specific location identified by the BLM 
for camping. Designated campsites could include individual sites in 
developed campgrounds and developed recreation sites for camping that 
may or may not contain picnic tables, shelters, parking sites, and/or 
grills. All designated campsites are identified by a BLM map or sign.
    Developed recreational site means any site or area that contains 
structures or capital improvements primarily used by the public for 
recreation purposes. Such areas or sites may include: Delineated spaces 
or areas for parking, camping or boat launching; sanitation facilities; 
potable water; grills or fire rings; tables; or controlled access.
    Off-highway vehicle (OHV) means an all-terrain vehicle, motorbike, 
specialty off-highway vehicle or utility type vehicle not licensed for 
highway use

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(not street legal), excluding: (1) Any military, fire, emergency, or 
law enforcement vehicle while being used for emergency purposes; (2) 
any vehicle whose use is expressly authorized by the authorized 
officer, or otherwise officially approved; (3) vehicles in official 
use; and (4) any combat or combat-support vehicle when used in times of 
national defense emergencies.
    Refer to Idaho Code 67-7101 for definitions of an all-terrain 
vehicle, motorbike, specialty off-highway vehicle or utility type 
vehicle.

1. Firearms and Target Shooting

    a. The discharge of any weapons (i.e., projectiles, firearms, 
muzzleloaders), including those used for target shooting, within the 
boundaries or within 250 yards of developed recreation sites or areas 
is prohibited. Boundaries are defined by perimeter fences and/or the 
gravel or asphalted parking areas and site roads. Developed recreation 
site boundaries are identified by maps and/or legal descriptions 
available at the BLM Upper Snake Field Office and at the following Web 
site: https://www.blm.gov/id/st/en/fo/upper_snake/snake_river_plan_maps.html. All firearm and target shooting rules will apply to new 
recreation sites as they are developed.
    b. The discharge of weapons of any kind is prohibited year-round on 
BLM lands at North Menan Butte (i.e., all trails, parking areas, or any 
BLM lands on the slopes and crater of the butte).
    c. Any object containing glass or other material that can shatter 
and cause a public safety hazard must not be used for target shooting.
    d. All shooting materials, including spent brass or shells, their 
containers, and any items used as targets, must be removed and properly 
disposed of.

2. Length of Stay

    All camping within the planning area is subject to a 5-day camping 
limit within any period of 19 consecutive days. The 5-day limit may be 
reached either through 5 separate visits or 5 days of continuous 
occupation during the 19-day period. After the 5-day limit has been 
reached, campers must move outside of a 20-mile radius of the previous 
location and not return to that location for 14 days. Exceeding length 
of stay limits, as indicated by a BLM sign or map, is prohibited.

3. Camping

    a. You must only camp in sites or areas designated as open to 
camping by a BLM sign or map.
    b. Camp Areas Accessed by Vehicle or by Foot Travel: At the Kelly 
Island Campground and Wolf Flats Recreation Area visitors must camp in 
designated sites identified by a fire ring and/or picnic table. Camping 
outside of the boundaries defined by barriers such as post and cable or 
buck and pole fence is prohibited. As undeveloped camping areas within 
the Upper Snake Field Office are developed by the BLM through the 
addition of fire rings, restrooms, picnic tables, etc., visitors must 
camp in identified designated sites at the developed camping locations.
    c. Camp Areas Accessed by Floating/Boating: You must camp in 
designated sites identified by a sign or map between Palisades Dam and 
Byington boat access. You must camp in designated sites along the rest 
of the river corridor as they become designated.
    d. You must not leave personal belongings overnight in an 
unattended campsite.
    e. You must keep campsites free of trash, litter and debris during 
the period of occupancy.
    f. You must remove all personal equipment and clean campsites upon 
departure.
    g. You must not camp within a 400-meter radius of active Bald Eagle 
nests, which are indicated by a BLM sign or map. Areas within a 400-
meter radius of active Bald Eagle nests are closed to human entry from 
February 1 to July 31 each year.
    These supplementary rules supersede the Notice of Seasonal 
Restrictions and Limited Land Use, Closure Order, Idaho that the BLM 
published in the Federal Register on June 18, 1992 (57 FR 27264).

4. Permits

    You must complete and possess a self-issue permit when using 
overnight designated campsites that are exclusively accessed by boat. 
Visitors are required to provide one completed copy for the BLM and 
maintain an additional copy throughout their overnight camping trip. 
These supplementary rules supersede the Notice of Sanitation and 
Special Recreation Permit Requirements on the South Fork of the Snake 
River which the BLM published in the Federal Register on April 20, 1995 
(60 FR 19762).

5. Human Waste Disposal

    a. You must remove solid human waste and toilet paper from the 
Snake River planning area. You must use a human waste carryout system 
(e.g., sealable portable toilet, or a landfill approved biodegradable 
double bag system). The landfill approved biodegradable system must be 
made from puncture resistant materials and contain non-toxic powder and 
decay catalyst that breaks down solid waste and turns liquid waste to a 
solid for hygienic and spill-proof transport.
    Rule 5(a) does not apply where waste disposal facilities are 
provided (e.g., Kelly Island Campground and Wolf Flats Recreation 
Area).
    b. Any portable toilet system must be reusable, washable, water 
tight, and portable toilet and/or RV-dump compatible. Portable toilets 
with snap-on lids, such as ammo cans or plastic buckets, are required 
to have a rubber gasket to prevent leaks and spills. Plastic bag liners 
are not acceptable with the exception of a landfill approved 
biodegradable double bag system addressed in Rule 5(a).
    c. It is prohibited for RV owners to empty their tanks in the dump 
station at Byington boat access or other vault toilet facilities within 
the planning area.
    These supplementary rules supersede the Notice of Sanitation and 
Special Recreation Permit Requirements on the South Fork of the Snake 
River, which the BLM published in the Federal Register on April 20, 
1995 (60 FR 19762).

6. Campfires and Wood Collecting

    a. You must not cut any trees for commercial or private use. You 
must not remove branches and other parts of the trees that are still 
attached to the tree unless a BLM permit is issued.
    b. You may only collect dead and downed wood for campfires in 
reasonable amounts. The collected reasonable amount is determined by 
the amount an average person could haul or carry without the use of a 
machine.
    c. Girdling (making a band around the trunk of a tree by removing a 
strip of bark) or damaging trees in the planning area is prohibited. 
The use of chainsaws is prohibited.
    d. Fire Pan and Ash Removal: An approved fire pan is a durable, 
metal pan at least 12-inches x 12-inches wide, with at least a 3-inch 
lip around its outer edge and sufficient to contain a fire and its 
remains. Visitors must elevate fire pans off the ground to prevent 
scorching of the soil. If the fire pan does not have legs to elevate 
it, rocks must be placed underneath the corners of the fire pan. All 
ash must be removed and carried out of the river corridor in a sealed 
container or durable bag.
    e. Camp Areas Accessed by Vehicle or by Foot Travel: Unless the BLM 
installs a fire ring, you must use a fire pan and carry out all ash 
from undeveloped dispersed camping sites and public lands within the 
Snake River planning area. All fires must be fully contained in

[[Page 33351]]

a metal fire grate, fire pan, or other metal device to contain ashes. 
Mechanical stoves and other appliances that are fueled by gas and 
equipped with a valve that allows the operator to control the flame are 
allowed.
    f. You must not start or maintain a fire in sites or areas not 
designated as open for such use by a BLM sign or map.
    g. Camp Areas Accessed by Floating/Boating: You must use a fire pan 
and carry out all ash prior to abandoning the site.
    h. When starting or maintaining a fire outside of a developed 
recreation site, you must contain and dispose of fire ashes and debris 
as indicated by a BLM sign or map.
    i. You must not burn wood or other material containing nails, 
glass, or any metal.

7. General Travel Management

    a. You must not enter an area designated closed by a BLM sign or 
map by means of motorized vehicle, including off-highway vehicles 
(OHVs). Most open roads in the planning area are located within the 
developed recreation site boundaries that are identified by maps (red 
boundary lines) and/or legal descriptions available at the BLM Upper 
Snake Field Office and at the following Web site: https://www.blm.gov/id/st/en/fo/upper_snake/snake_river_plan_maps.html. Site roads and 
trails open to motorized use are shown on these maps.
    b. Roads and trails must only be used when designated as open by a 
BLM sign or map. You must only access such roads and trails by an 
allowable method of travel as indicated by a BLM sign or map. Rule 7(b) 
does not apply to holders of BLM-issued rights-of-way for maintenance 
or administrative purposes.
    c. From December 1 through April 30, the Stinking Springs Trail and 
parts of the upper bench adjacent to the Wolf Flats Recreation Area are 
closed to human and vehicle entry to protect wintering big game. The 
authorized officer has the authority to adjust the closure due to 
weather or changes in the mule deer population. BLM closure maps are 
available at the BLM Upper Snake Field Office. Outside of the closure 
period, the motorized portion of trail is open to all modes of travel, 
except snow vehicles and vehicles more than 50 inches wide. The legal 
description for the closure is:

Boise Meridian, Idaho

T. 4 N., R. 41 E.,
    Sec. 32, lands east of Kelly Canyon Road in the NE\1/4\, lands 
east of Kelly Canyon Road in the SE\1/4\NW\1/4\, lands east of Kelly 
Canyon in the NE\1/4\SW\1/4\, SE\1/4\;
    Sec. 33, a portion of the W[frac12]NE\1/4\, a portion of the 
SW\1/4\SW\1/4\SE\1/4\NE\1/4\, a portion of the NE\1/4\NW\1/4\, a 
portion of the NW\1/4\NW\1/4\, S[frac12]NW\1/4\, SW\1/4\, a portion 
of the NE\1/4\SE\1/4\, W[frac12]SE\1/4\, SE\1/4\SE\1/4\.
T. 3 N., R. 41 E.,
    Sec. 2, SW\1/4\;
    Sec. 3, a portion of the NE\1/4\NE\1/4\, W\1/2\NE\1/4\, SE\1/
4\NE\1/4\, W\1/2\, SE\1/4\;
    Sec. 4, N\1/2\SW\1/4\, SE\1/4\SW\1/4\, SE\1/4\;
    Sec. 5, NW\1/4\NE\1/4\;
    Sec. 8, a portion of lots 6 and 8;
    Sec. 9, a portion of lots 2 through 4, N\1/2\, NE\1/4\SW\1/4\, 
N\1/2\SE\1/4\, SE\1/4\SE\1/4\;
    Sec. 10, a portion of lots 1 and 2, N\1/2\NE\1/4\, SW\1/4\NE\1/
4\, NW\1/4\, N\1/2\SW\1/4\, SW\1/4\SW\1/4\, a portion of the SE\1/
4\SW\1/4\;
    Sec. 11, a portion of lots 2 through 4, N\1/2\NW\1/4\, N\1/
2\SE\1/4\SE\1/4\;
    Sec. 15, a portion of lots 7 and 8, a portion of the NW\1/
4\NW\1/4\
    Sec. 16, a portion of lots 5 and 6.

    The area described contains 3,251 acres, according to the 
official plat of the survey of the said land on file in the BLM 
Upper Snake Field Office, 1405 Hollipark Dr., Idaho Falls, ID 83401.

    These supplementary rules supersede the Notice of Emergency Closure 
of Public Lands, Idaho that the BLM published in the Federal Register 
on March 16, 1988 (53 FR 8701).

8. Vehicle Size and Trail Width

    a. You must not operate a motorized or mechanized vehicle in 
violation of trail width and/or vehicle type restrictions as indicated 
by a BLM sign or map.
    b. You must not operate any vehicle more than 50 inches wide on any 
designated OHV routes.
    c. You must not operate any vehicle more than 36 inches wide on any 
designated single track routes.

9. Boat Launch

    You may only launch a boat in designated boat launches that are 
identified by a BLM sign or map.

10. Parking Restrictions and Regulatory Signs

    You must comply with parking restrictions and regulatory 
requirements at all locations within the Snake River planning area.

11. Kelly Island Campground

    You must comply with the following regulations at Kelly Island 
Campground:
    a. Only two vehicles are permitted in a single campsite, only one 
of which may be a recreational vehicle (RV), camper, or vehicle with a 
camp trailer. No more than eight people are allowed per site.
    b. Double campsites 1, 3, and 6 can accommodate no more than four 
vehicles, only two of which may be an RV, camper, or vehicle with a 
camp trailer. No more than 16 people are allowed per double campsite. 
For all double campsites, the standard campsite fee must be doubled.
    c. All camping is subject to a 5-day stay limit.
    d. The campsite may only be occupied nightly by registered parties.
    e. Horses must be kept outside the recreation site and campground. 
All pets must be on a leash not longer than 6 feet and secured to a 
fixed object or under the control of a person, or otherwise physically 
restricted at all times.
    f. You must keep and leave your camp clean. Do not throw trash into 
the river, fire rings, or vault toilets.
    g. Fires must be fully contained in a metal fire grate, fire pan, 
or other metal device to contain ashes.
    h. Do not damage buildings, signs, trees, vegetation or other 
facilities.
    i. Visitors must obey quiet hours from 10 p.m. until 7 a.m. Do not 
use generators, radios, or other noisy devices during quiet hours.
    j. Overnight visitors must return to the campground by 10 p.m. The 
entrance gate will be locked from 10 p.m. until 7 a.m. to prevent non-
campers from entering.
    k. You must not enter Kelly Island Campground via an OHV. Do not 
remove OHVs from trailers at Kelly Island Campground.

12. Other Use Authorizations

    You must not violate any terms, conditions or stipulations of any 
permit or other authorization issued for special use of these public 
lands.

Exceptions

    The prohibition on the use of firearms in Rule 1(a) does not 
prohibit hunting by licensed hunters in legitimate pursuit of wild game 
during the proper season with appropriate firearms, as permitted by the 
Idaho Department of Fish and Game, within all developed recreation site 
boundaries after October 1.
    Hunting is prohibited within the Kelly Island Campground boundaries 
until the campground is closed for the season (closure timeframe 
varies), after which hunting by licensed hunters in legitimate pursuit 
of wild game is permitted within the boundaries. The gate must be 
closed and locked for the season before hunting (by foot) is permitted 
within the Kelly Island Campground boundaries. Campground closure will 
be advertised at the Eastern Idaho Visitor Center, the BLM Upper Snake 
Field Office, and at the following BLM recreation Web site: https://
www.blm.gov/id/st/en/fo/upper--snake/

[[Page 33352]]

recreation--sites--/Kelly--Island--Campground.html.
    Penalties: Under section 303(a) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1733(a)) and 43 CFR 8360.0-7, any 
person who violates any of these supplementary rules may be tried 
before a United States Magistrate and fined up to $1,000 and/or 
imprisoned for no more than 12 months. Such violations may also be 
subject to the enhanced fines provided for by 18 U.S.C. 3571.

Steven A. Ellis,
BLM Idaho State Director.
[FR Doc. 2011-14198 Filed 6-7-11; 8:45 am]
BILLING CODE 4310-GG-P