Proposed Supplementary Rules for the Zortman Ranger Station and Buffington Day Use Area on Public Land in Phillips County Near Zortman, MT, 60733-60736 [2016-21178]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 81, Number 171 (Friday, September 2, 2016)]
[Notices]
[Pages 60733-60736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21178]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLMTM01000.L12320000.FV0000.LVRDMT110000XXX MO#4500080126]


Proposed Supplementary Rules for the Zortman Ranger Station and 
Buffington Day Use Area on Public Land in Phillips County Near Zortman, 
MT

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed Supplementary Rules.

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SUMMARY: The Bureau of Land Management (BLM), Malta Field Office is 
proposing additional supplementary rules for the Zortman Ranger 
Station, a historic U.S. Forest Service Ranger Station now administered 
by the BLM in Zortman, Montana, and Buffington Day Use Area at the Camp 
Creek Recreation Area. The supplementary rules are necessary to 
maintain the public health and safety and to protect the environment of 
the recreation areas. They will help reduce erosion, reduce fire 
hazards, provide for public safety, prevent damage to natural 
resources, reduce user conflicts, and increase visitor satisfaction.

DATES: To ensure that comments will be considered, the BLM must receive 
written comments on the proposed supplementary rules by November 1, 
2016. In developing final supplementary rules, the BLM may not consider 
comments postmarked or received in person or by electronic mail after 
this date.

ADDRESSES: Comments may be mailed or hand delivered to the BLM Malta 
Field Office, Attn: Field Manager, 501 South 2nd Street East, Malta, MT 
59538. You may also submit comments via email to 
BLM_MT_Malta_FO@blm.gov or fax to 406-654-5150. Copies of the fee 
proposal are available at the BLM Malta Field Office, 501 South 2nd 
Street East, Malta, MT 59538 or on line at: https://www.blm.gov/mt/st/en/fo/malta_field_office.html.

FOR FURTHER INFORMATION CONTACT: Vinita Shea, Malta Field Manager, at 
the above address, or by calling 406-654-5131. Persons who use a 
telecommunications device for the deaf 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:

Public Comment Procedures

    You may mail, email, or hand-deliver comments to the Malta Field 
Office, at the addresses listed above (See ADDRESSES). Written comments 
on the proposed supplementary rules should be specific and confined to 
issues pertinent to the proposed rules, and should explain the reason 
for any recommended change. Where possible, comments should reference 
the specific section or paragraph of the proposal that 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), 
or comments that the BLM receives after the close of the comment period 
(See DATES), 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 
Malta Field Office address listed in the section ADDRESSES during 
regular business hours (8 a.m. to 4:30 p.m., Monday through Friday, 
except Federal holidays). Before including your address, phone number, 
email address, or other personal identifying information in your 
comment, you should 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 that we 
will be able to do so.

Background

    The Zortman Ranger Station, built in 1905, was part of the Lewis 
and Clark National Forest until 1965, when management of public lands 
in the area was transferred to the BLM. The site includes the four-room 
main building, a storage shed, and amphitheater which was built for the 
Lewis and Clark Bicentennial celebration. The main building is eligible 
for listing on the National Register of Historic Places. In 2013, the 
BLM partnered with the Forest Service's historic preservation team to 
repair the outside of the main building and landscape the yard to 
divert runoff which was undermining the foundation. The interior of the 
building has been inventoried and abated for asbestos and lead paint. 
The site also features an amphitheater which is used for interpretive 
presentations.
    Buffington Day Use Area is located within the Camp Creek Recreation 
Area just northeast of Zortman, Montana.

[[Page 60734]]

Buffington Day Use Area is utilized by individuals and groups as a 
parking site for day hikes, family and group gatherings such as 
picnics, reunions, church group outings, and birthday parties. In 
September 1994, the BLM completed the Record of Decision and Approved 
Phillips Resource Area Resource Management Plan, which provide for the 
maintenance and enhancement of the recreational quality of BLM land and 
resources to ensure enjoyable recreation experiences.
    The proposed supplementary rules are authorized by 43 CFR 8365.1-6, 
which states, ``The State Director may establish such supplementary 
rules as he/she deems necessary. These rules may provide for the 
protection of persons, property, and public lands and resources. No 
person shall violate such supplementary rules.''

Discussion of Proposed Supplementary Rules

    The supplementary rules are necessary to maintain the public health 
and safety, and to protect the environment and facilities of the 
recreation areas. The rules will also help reduce erosion and fire 
hazards, prevent damage to natural resources, reduce user conflicts, 
and increase visitor satisfaction.
    The proposed rules would limit the number of days that a person or 
group could rent the Zortman Ranger Station allowing more people to 
access the facility and thereby increase visitor satisfaction and 
reduce user conflicts. Game carcasses would not be allowed to be stored 
and no fish or game would be allowed to be cleaned inside the Zortman 
Ranger Station. These rules would protect facilities, assist in 
ensuring visitor satisfaction, and protect public health.
    Pets would be required to be leashed if left unattended outside or 
kenneled if left unattended inside the Zortman Ranger Station. These 
rules would protect the Ranger Station. Pets would be required to be 
leashed and would not be allowed to be left unattended at the 
Buffington Day Use Area. This rule would protect public safety. No 
cutting of standing trees or any vegetation at the Zortman Ranger 
Station or the Buffington Day Use Area would be allowed. These rules 
would prevent damage to natural resources and reduce erosion. Campfires 
would only be allowed in BLM-provided fire rings to prevent fire 
hazards.
    Visitors would be prohibited from leaving any personal property or 
refuse after vacating the Zortman Ranger Station or the Buffington Day 
Use Area, even if that property is intended for other campers or 
occupants, in order to increase visitor satisfaction and safety. Quiet 
hours at the Zortman Ranger Station would be 10:00 p.m.-7:00 a.m. and 
site usage at the Buffington Day Use Area would be 6:00 a.m.-11:00 p.m. 
These rules would enhance visitor satisfaction.
    The proposed supplementary rules would apply to the Zortman Ranger 
Station, a historic U.S. Forest Service Ranger Station now administered 
by the BLM in Zortman, Montana, and Buffington Day Use Area at the Camp 
Creek Recreation Area. Both areas comprise approximately 3 acres of 
public lands within Phillips County, Montana.

Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These supplementary rules are not significant regulatory actions 
and are not subject to review by the Office of Management and Budget 
under Executive Order 12866. The supplementary rules will result in an 
annual cost of less than $100 million or more on the economy. They will 
not adversely affect in a material way the economy, productivity, 
competition, jobs, environment, public health or safety, or State, 
local, or tribal governments or communities. These supplementary rules 
will not create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency. The 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. These rules would merely impose rules of 
conduct within the recreation sites.

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)

    Supplementary rules are made under the Visitor Services regulations 
of the Bureau of Land Management found at 43 CFR 8365.1-6. 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). The BLM's Malta Field Office has prepared a 
Categorical Exclusion (CX) document to determine that 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. The supplementary rules merely contain rules of 
conduct for certain recreational lands in Montana. These rules are 
designed to protect the environment and the public health and safety. 
The BLM has placed the CX and the Decision Record (DR) on file in the 
BLM Administrative Record at the address specified in the ADDRESSES 
section.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act of 1980 (RFA), as 
amended, 5 U.S.C. 601-612, to ensure that government regulations do not 
unnecessarily or disproportionately burden small entities. The RFA 
requires a regulatory flexibility analysis if a rule would have a 
significant economic impact, either detrimental or beneficial,

[[Page 60735]]

on a substantial number of small entities. These supplementary rules 
pertain to recreational use of specific public lands, and do not affect 
commercial or governmental entities of any size. Therefore, the BLM has 
determined under the RFA that these supplementary rules will not have a 
significant economic impact on a substantial number of small entities, 
and do not necessitate preparation of a regulatory flexibility 
analysis.

Small Business Regulatory Enforcement Fairness Act

    These fees and supplementary rules do not constitute a ``major 
rule'' as defined at 5 U.S.C. 804(2). They would not result in an 
annual effect on the economy of $100 million or more, in a major 
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 will merely 
impose reasonable restrictions on certain actions within the Malta 
Field Office fee campgrounds.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act (UMRA), 2 U.S.C. 1501 et seq., 
requires an assessment of unfunded mandates on State, local or tribal 
governments. These supplementary rules do not impose any unfunded 
mandate on State, local, or tribal governments, in the aggregate, or 
the private sector, of more than $100 million per year. The rules also 
will not have a significant or unique effect on small governments. They 
restrict certain actions within the subject fee sites. Therefore, the 
BLM is not required to prepare a statement containing the information 
required by the UMRA.

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

    These supplementary rules are not a government action capable of 
interfering with constitutionally protected property rights. The rules 
will have no effect on private lands or property. Therefore, the BLM 
has determined that these supplementary rules will not cause a taking 
of private property or require preparation of a takings assessment 
under this Executive Order.

Executive Order 13132, Federalism

    These 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 supplementary rules will have 
little or no effect on State or local government. Therefore, in 
accordance with Executive Order 13132, the BLM has determined that 
these 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 the supplementary rules will 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

    The proposed supplementary rules would merely establish rules of 
conduct for public use of a limited area of public land and would not 
affect land held for the benefit of Indians or Alaska Natives or impede 
their rights. The BLM has found that the supplementary rules do not 
include policies that have tribal implications.

Executive Order 13352, Facilitation of Cooperative Conservation

    In accordance with Executive Order 13352, the BLM has determined 
that the proposed supplementary rules would not impede facilitating 
cooperative conservation; would take appropriate account of and 
consider the interests of persons with ownership or other legally 
recognized interests in land or other natural resources; would properly 
accommodate local participation in the Federal decision-making process; 
and would provide that the programs, projects, and activities are 
consistent with protecting public health and safety.

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).

Paperwork Reduction Act

    These 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.

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

    The supplementary rules do not comprise a significant energy 
action. They will not have an adverse effect on energy supplies, 
production, or consumption. They address recreational use of specific 
public lands, and have no connection with energy policy.
    Proposed Supplementary Rules: For the reasons stated in this 
preamble, and under the authority of 43 CFR 8365.1-6, the State 
Director proposes to establish supplementary rules for public lands 
managed by the BLM, Malta Field Office. The proposed supplementary 
rules for the Zortman Ranger Station are:
    1. Rental of the Zortman Ranger Station is limited to no more than 
7 consecutive days and no more than 14 days per year per person or 
group.
    2. Campfires are allowed only in BLM-provided fire rings.
    3. Fish and game are not to be cleaned inside the building.
    4. No game carcasses are allowed in the building.
    5. Pets must be leashed and cannot be left unattended outside the 
building.
    6. Pets must be kenneled if left unattended inside the building.
    7. Quiet hours are 10:00 p.m. to 7:00 a.m.
    8. No cutting of standing trees or any vegetation is allowed at the 
site.
    9. You must not leave any personal property or refuse after 
vacating the premises. This includes any property left for the purposes 
of use by another camper or occupant.
    The proposed supplementary rules for Buffington Day Use Area are:
    1. Site occupancy is limited to day use from 6:00 a.m. to 11:00 
p.m.
    2. Campfires are allowed only in BLM-provided fire rings.
    3. Pets must be leashed and must not be left unattended.
    4. No cutting of standing trees or any vegetation is allowed at the 
site.
    5. You must not leave any personal property or refuse after 
vacating the premises. This includes any property left for the purposes 
of use by another camper or occupant.
Enforcement
    Any person who violates any of these supplementary rules may be 
tried before a United States Magistrate and fined in accordance with 18 
U.S.C. 3571, imprisoned no more than 12 months under 43 U.S.C. 1733(a) 
and 43 CFR 8560.0-7, or both. In accordance with 43 CFR 8365.1-7, State 
or local officials

[[Page 60736]]

may also impose penalties for violations of Montana law.
Exemptions
    The following persons are exempt from these supplementary rules: 
Any Federal, State, local, and/or military employees acting within the 
scope of their duties; members of any organized rescue or fire-fighting 
force performing an official duty; and persons, agencies, 
municipalities or companies holding an existing special-use permit and 
operating within the scope of their permit.

Jamie Connell,
State Director, Bureau of Land Management, Montana/Dakotas.
[FR Doc. 2016-21178 Filed 9-1-16; 8:45 am]
 BILLING CODE 4310-DN-P