Proposed Idaho Statewide Supplementary Rules, 5781-5785 [2015-02068]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 80, Number 22 (Tuesday, February 3, 2015)]
[Notices]
[Pages 5781-5785]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02068]


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DEPARTMENT OF INTERIOR

Bureau of Land Management

[15X; LLWO120920.L16300000.NU0000.241A; MO 4500075770]


Proposed Idaho Statewide Supplementary Rules

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed supplementary rules.

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SUMMARY: The Bureau of Land Management (BLM) proposes to establish 
statewide supplementary rules for lands managed by the BLM in Idaho. 
These rules are necessary to protect natural resources and the health 
and safety of public land users within Idaho. These supplementary rules 
would allow BLM law enforcement personnel and partner agencies to 
address gaps in current regulations, to continue enforcing existing 
public land regulations in a manner consistent with current State of 
Idaho statutes, and provide more clarity for public land users.

DATES: Interested parties may submit written comments regarding the 
proposed supplementary rules until April 6, 2015. The BLM is not 
obligated to consider comments postmarked or received in person or by 
electronic mail after this date.

ADDRESSES: Please mail or hand-deliver comments to Keith McGrath, State 
Chief Law Enforcement Ranger, Bureau of Land Management, Idaho State 
Office, 1387 S. Vinnell Way, Boise, Idaho 83709; or email comments to 
BLM_ID_LE_SUPPRULES@blm.gov.

[[Page 5782]]


FOR FURTHER INFORMATION CONTACT: Keith McGrath, Bureau of Land 
Management, (208) 373-4046, KMcGrath@blm.gov. Persons who use a 
telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 1-(800)-877-8339 to contact the 
above individual during normal business hours. The FIRS is available 24 
hours a day, 7 days a week, to leave a message or question with the 
above individual. You will receive a reply during normal business 
hours.

SUPPLEMENTARY INFORMATION:

I. Background

    Visitors to public lands administered by the BLM in Idaho encounter 
inconsistent rules among public management agencies, both Federal and 
State, regarding appropriate conduct in recreation areas. These 
inconsistencies hamper the BLM's ability to provide a safe recreational 
experience and minimize conflicts among users, and also detract from 
the quality of the user-experience. There are gaps in the regulations 
as they pertain to certain activities that typically occur on BLM-
administered lands. The BLM proposes these supplementary rules to 
improve consistency and to enhance public safety and resource 
protection on public lands within Idaho. BLM-Idaho law enforcement 
staff (State Chief Ranger and Supervisory Ranger) have consulted with 
the Idaho Department of Fish and Game (IDFG) on these proposed 
supplementary rules. The IDFG has indicated that it supports this 
effort.
    The BLM is proposing the following rules under the authority of 43 
CFR 8365.1-6, which allows BLM State Directors to establish 
supplementary rules for the protection of persons, property, and public 
lands and resources by more clearly and effectively coordinating 
partnership arrangements with State and local law enforcement officials 
on BLM-managed lands.
    Hunting blinds: Big game such as mule deer and pronghorn antelope 
are abundant on Idaho's rangelands. The wide-open landscape provides 
little or no concealment for hunters on these lands, and blinds have 
become a key component of hunting in portions of Idaho. However, their 
increased use has often resulted in resource damage, additional litter, 
conflicts among hunters, and hazards for other land users. The BLM 
fully supports hunters having the option to utilize blinds while 
hunting on public lands; however, the BLM does not currently have 
regulations to govern their use. The BLM proposes a supplementary rule 
that mirrors IDFG best practices, as presented in the BLM/IDFG 
brochure, ``Using Big Game Hunting Blinds on BLM-Managed Lands in 
Idaho.''
    The proposed supplementary rule would:
     Require hunting blinds to be constructed of removable 
materials;
     Prohibit the permanent placement of materials;
     Require the hunter's full name and zip code to be 
permanently attached, etched, engraved or painted on the blind;
     Allow blinds to be placed no earlier than 10 days before 
the beginning of the hunting season for which the hunter has a valid 
tag and require blinds to be removed within 7 days after the close of 
that hunting season; and
     Inform users that the placement of a blind on public lands 
does not create an exclusive right of use.
    Litter: Recreational shooting is a common and accepted activity on 
BLM-administered lands. However, many areas where recreational shooting 
takes place are covered with broken glass and other materials that 
shatter or are dispersed when used as targets. The BLM proposes two 
supplementary rules pertaining to recreational shooting targets with 
the goal of reducing litter on public lands.
    The first proposal in this category would prohibit shooting of any 
object that contains glass or other material that can shatter, with the 
exception of clay pigeons commonly used as shotgun targets. Targets 
that would be prohibited under this rule would include, but not be 
limited to, televisions, computer monitors, and glass bottles. This 
rule would help reduce the likelihood that contaminants associated with 
some of these items (such as lead, cadmium, beryllium, or brominated 
flame retardant--components of televisions and monitors) will be 
released into soils and water. In addition, it is very difficult to 
clean up and remove glass or other materials that shatter. Broken glass 
is also a safety hazard to public lands users. This supplementary rule 
would not preclude the use/shooting of clay pigeons commonly used as 
targets for skeet or trap shooting because those items are typically 
made from biodegradable materials and are unlikely to cause harm.
    The second proposed rule in this category would require users 
engaged in recreational shooting to remove all target material and 
shooting-related debris from the target area. In addition to 
shatterable objects, recreational shooters sometimes use materials 
dumped illegally on public lands as targets. This proposal would help 
reduce the dispersal of trash on public lands and decrease the risk 
that potentially harmful material would be reduced to a size ingestible 
by livestock and wildlife. This requirement would not apply to shards 
from clay pigeons.
    Use and disposal of construction materials: The BLM proposes to 
prohibit the possession and/or burning of firewood, wood pallets, or 
construction debris containing nails, screws, or other metal hardware, 
including, but not limited to, wood pallets and/or construction 
materials, on public lands for other than their originally intended 
use. The BLM also proposes to prohibit the use and possession of wood 
byproduct pallets that contain metal fasteners for other than their 
intended use. These materials are frequently carried onto public lands 
for purposes other than those for which they were originally designed. 
Examples of such uses include burning, disposal, and use as targets. 
Typically, users do not remove the metal hardware before or after 
carrying the materials onto public lands. It is not practical or cost 
effective for the BLM to determine whether nails are in each fire pit, 
to remove the nails from litter piles, or to collect dispersed sharp 
metal objects. A vehicle driven over areas previously used as fire pits 
or dumpsites is likely to experience tire damage from nails and other 
metal objects. There is also significant danger of damage and/or injury 
to personal property, livestock, and other animals in the area. For 
these reasons, the BLM proposes to prohibit the possession, disposal, 
and burning of any type of firewood, wood pallets, or construction 
debris containing nails, screws, or other metal hardware.
    Public nudity: The BLM recognizes that some individuals and groups 
desire clothing-optional recreation. However, in areas where 
recreational opportunities and/or facilities draw large numbers of 
visitors, public nudity can create controversy and conflicts among 
users, and cause law enforcement concerns. The intent of the proposed 
supplementary rule is to prohibit public nudity at all developed sites, 
hot springs, and other high visitation areas. This would still allow 
lands with a lower concentration of visitors, such as wilderness areas, 
to be clothing-optional.
    Motor vehicle use: To be more consistent with Idaho law, the BLM 
proposes a supplementary rule requiring operators of motor vehicles and 
off highway vehicles to obey all traffic control devices on public 
land. Frequently, the BLM, State or counties post traffic-control 
devices on public lands for the safety of visitors and the

[[Page 5783]]

motoring public. In many places, State and county law enforcement do 
not have the resources to adequately patrol BLM-managed lands and 
enforce traffic controls on these lands. This proposed supplementary 
rule would bring consistency to all BLM-administered land throughout 
the State and promote consistency among the BLM and other agencies, 
including the State of Idaho, County Sheriff's Offices, Idaho State 
Police, and various Federal agencies where working relationships and 
partnerships in public land management exist.

II. Public Comment Procedures

    Please mail or hand-deliver comments to Keith McGrath, State Chief 
Law Enforcement Ranger, Bureau of Land Management, Idaho State Office, 
1387 S. Vinnell Way, Boise, ID 83709; or email comments to 
BLM_ID_LE_SUPPRULES@blm.gov. Written comments on the proposed 
supplementary rules should be specific and confined to issues pertinent 
to the proposed rule and should explain the reason for any recommended 
change. Where possible, comments should reference the specific section 
or paragraph of the proposal the commenter is addressing. The BLM is 
not obligated to consider, or include in the Administrative Record for 
the final supplementary rules, comments delivered to an address other 
than those listed above (See ADDRESSES section) or comments that the 
BLM receives after the close of the comment period (See DATES section), 
unless they are postmarked or electronically dated before the deadline.
    Comments, including names, street addresses, and other contact 
information for respondents, will be available for public review at the 
BLM Idaho State Office address listed in the ADDRESSES section during 
regular business hours (7:45 a.m. to 3:45 p.m., Monday through Friday, 
except Federal holidays). Before including your address, phone number, 
email address, or other personal identifying information, be aware that 
your comment--including your personal identifying information--may be 
made publicly available at any time. While you can ask us in your 
comment to withhold your personal identifying information from public 
review, we cannot guarantee we will be able to do so.

III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    The proposed 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. The 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. The 
proposed supplementary rules will not create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency. 
The proposed supplementary rules do not materially alter the budgetary 
effects of entitlements, grants, user fees, or loan programs or the 
right or obligations of their recipients; nor do they raise novel legal 
or policy issues. The rules merely contain rules of conduct for public 
use of a limited selection of public lands and provide greater 
consistency with the Idaho State Code to protect public 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 interfering 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 proposed supplementary rules be easier to understand 
if they were divided into more (but shorter) sections?
    (5) Is the description of the proposed supplementary rules in the 
SUPPLEMENTARY INFORMATION 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 proposed 
supplementary rules to the address specified in the ADDRESSES section.

National Environmental Policy Act (NEPA)

    The BLM has determined that these proposed supplementary rules are 
administrative in nature, and are therefore categorically excluded from 
environmental review under Section 102(2)(C) of NEPA, 43 CFR 46.205, 
and 43 CFR 46.210(c) and (i). These proposed supplementary rules do not 
meet any of the 12 criteria for exceptions to categorical exclusions 
listed at 43 CFR 46.215. Pursuant to the Council on Environmental 
Quality regulations (40 CFR 1508.4) and the environmental regulations, 
policies, and procedures of the Department of the Interior, the term 
``categorical exclusions'' means a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment and that have been found to have no such effect in 
procedures adopted by a Federal agency and for which neither an 
environmental assessment nor an environmental impact statement is 
required.

Regulatory Flexibility Act (RFA)

    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 merely establish rules of conduct for public use of a limited 
area of public lands and should have no effect on business entities of 
any size. Therefore, the 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 do not constitute 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, an increase in costs or 
prices, or significant adverse effects on competition, employment, 
investment, productivity, innovation, or the ability of United States-
based enterprises to compete with foreign-based enterprises in domestic 
and export markets. These rules merely establish rules of conduct for 
public use of a limited area of public lands and do not affect 
commercial or business activities of any kind.

Unfunded Mandates Reform Act

    These proposed supplementary rules do not impose an unfunded 
mandate on State, local, or tribal governments or the

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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. Therefore, 
the BLM is not required to prepare a statement containing the 
information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 
et seq.).

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

    These proposed supplementary rules do not have significant takings 
implications, nor are they capable of interfering with constitutionally 
protected property rights. Therefore, the BLM has determined that these 
rules will not cause a taking of private property or require 
preparation of a takings assessment.

Executive Order 13132, Federalism

    The proposed supplementary rules will not have a substantial direct 
effect on the States, on the relationship between the Federal 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. The proposed 
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 proposed supplementary rules do not have 
sufficient federalism implications to warrant preparation of a 
Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    The BLM has 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 Executive Order 12988.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    The BLM has found that these supplementary rules do not include 
policies that have tribal implications, as defined by Executive Order 
13175, and therefore advance consultation with Indian tribal 
governments is not required.

Information Quality Act

    In developing these proposed supplementary rules, the BLM did not 
conduct or use a study, experiment, or survey requiring peer review 
under the Information Quality Act (Section 515 of Pub. L. 106-554).

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

    These proposed supplementary rules do not constitute a significant 
energy action. The proposed supplementary rules will not have an 
adverse effect on energy supplies, production, or consumption, and have 
no connection with energy policy.

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 this supplementary rule is Keith McGrath, 
Idaho State Chief Ranger, Bureau of Land Management.
    For the reasons stated in the Preamble, and under the authority of 
43 CFR 8365.1-6, the Idaho State Director, Bureau of Land Management, 
proposes supplementary rules for public lands in Idaho, to read as 
follows:

Supplementary Rules for the State of Idaho

Definitions

    Developed recreational area or site means any site or area that 
contains structures or capital improvement primarily used by the public 
for recreational purposes. Such areas or sites include delineated 
spaces or areas for parking, camping or boat launching; sanitation 
facilities; potable water; grills or fire rings; tables; or controlled 
access.
    Motor vehicle means any motorized transportation conveyance 
designed and licensed for use on roadways, such as an automobile, bus, 
or truck and any motorized conveyance originally equipped with safety 
belts.
    Off-highway vehicle (OHV) means any motorized vehicle capable of, 
or designed for, travel on or immediately over land, water, or other 
natural terrain, 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.
    Public nudity means nudity in an open place.
    Traffic control device means any sign, painted roadway marking, or 
other device or means for controlling or directing vehicle traffic.
    On public land administered by the BLM within the State of Idaho:
    1. Hunters must comply with the following hunting blind 
regulations:
    a. All construction materials must be removable;
    b. The hunter's full name and zip code must be permanently 
attached, etched, engraved or painted on the blind;
    c. Blinds may be placed no earlier than 10 days before the 
beginning of the hunting season and must be removed within 7 days after 
the closing of the hunting season; and
    d. No hunter has exclusive right of use of a hunting blind placed 
on public lands.
    2. Persons engaged in shooting activities must not use as targets 
any objects containing glass or other material that can shatter. Clay 
pigeons are acceptable targets.
    3. Persons engaged in shooting activities on public lands must 
remove and properly dispose of shooting materials, including spent 
brass or shells, their containers, and any items used as targets, 
excluding clay pigeon fragments.
    4. No person shall dispose of, burn or possess, for other than its 
intended purpose, any type of firewood, wood pallets, pallets made of 
wood by-products, or construction debris containing nails, screws or 
other metal hardware.
    5. Public nudity is prohibited in all developed recreation areas or 
sites, visitor centers, hot springs and other high visitation areas 
located on public lands.
    6. Drivers of motorized vehicles and OHVs on public lands must 
comply with the directions of a traffic control device unless directed 
otherwise by an authorized person.
    EXEMPTIONS: The following persons are exempt from these 
supplementary rules:
    A. Any Federal, State, local and/or military personnel acting 
within the scope of their duties;
    B. Members of any organized rescue or fire-fighting force in 
performance of an official duty;
    C. Persons, agencies, municipalities, or companies holding an 
existing special-use permit and operating within the scope of their 
permit.
    PENALTIES: On public lands 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

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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. Such violations may also be subject to enhanced fines provided 
for by 18 U.S.C. 3571.

Timothy M. Murphy,
BLM Idaho State Director.
[FR Doc. 2015-02068 Filed 2-2-15; 8:45 am]
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