Proposed Rule2022-16295
Notice of Proposed Supplementary Rule for Public Lands Managed by the Missoula Field Office in Missoula, Granite, and Powell Counties, Montana
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Published
August 4, 2022
Issuing agencies
Interior DepartmentLand Management Bureau
Abstract
The Bureau of Land Management (BLM) proposes to establish a supplementary rule for BLM-administered public lands within the jurisdiction of the Missoula Field Office. This proposed supplementary rule would allow the BLM to enforce decisions in the Missoula Resource Management Plan (RMP) that cover the general area and specific rules for the Bear Creek Flats, Blackfoot River Recreation Area, Dupont Acquired Lands, Garnet Ghost Town, Limestone Cliffs, and Sperry Grade Area. This rule is needed to further protect natural and historic resources and provide for public health and safety.
Full Text
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<title>Federal Register, Volume 87 Issue 149 (Thursday, August 4, 2022)</title>
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[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Proposed Rules]
[Pages 47669-47673]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16295]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8360
[LLMTB01000-L12200000.MA0000 212--MO# 4500157128]
Notice of Proposed Supplementary Rule for Public Lands Managed by
the Missoula Field Office in Missoula, Granite, and Powell Counties,
Montana
AGENCY: Bureau of Land Management, Interior.
ACTION: Proposed supplementary rule.
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SUMMARY: The Bureau of Land Management (BLM) proposes to establish a
supplementary rule for BLM-administered public lands within the
jurisdiction of the Missoula Field Office. This proposed supplementary
rule would allow the BLM to enforce decisions in the Missoula Resource
Management Plan (RMP) that cover the general area and specific rules
for the Bear Creek Flats, Blackfoot River Recreation Area, Dupont
Acquired Lands, Garnet Ghost Town, Limestone
[[Page 47670]]
Cliffs, and Sperry Grade Area. This rule is needed to further protect
natural and historic resources and provide for public health and
safety.
DATES: The BLM must receive your comment by October 3, 2022. Comments
received after this date may not be considered in the development of
the final supplementary rule.
ADDRESSES: You may submit comments by the following methods: email to
<a href="/cdn-cgi/l/email-protection#044648495b49505b496d77776b7168655b424b446668692a636b72"><span class="__cf_email__" data-cfemail="6c2e20213321383321051f1f0319000d332a232c0e0001420b031a">[email protected]</span></a>, or mail or hand deliver comments to
Proposed Supplementary Rule, Bureau of Land Management, Attention: Erin
Carey, Missoula Field Manager, Missoula Field Office, 3255 Fort
Missoula Road, Missoula, MT 59804.
FOR FURTHER INFORMATION CONTACT: Kelly Cole, Field Staff Law
Enforcement Ranger at <a href="/cdn-cgi/l/email-protection#741f17171b1811341618195a131b02"><span class="__cf_email__" data-cfemail="553e36363a3930153739387b323a23">[email protected]</span></a> or Erin Carey, Missoula Field
Manager at <a href="/cdn-cgi/l/email-protection#2540464457405c654749480b424a53"><span class="__cf_email__" data-cfemail="a0c5c3c1d2c5d9e0c2cccd8ec7cfd6">[email protected]</span></a>; Missoula Field Office, at (406) 329-3914.
Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services for contacting
Kelly Cole. Individuals outside the United States should use the relay
services offered within their country to make international calls to
the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
Written comments on this proposed supplementary rule should be
specific, confined to issues pertinent to this proposed supplementary
rule, and explain the reason for any recommended change. Where
possible, comments should reference the specific section or paragraph
of this proposed supplementary rule the comments are addressing. The
BLM will consider comments received before the end of the comment
period (see DATES), including those postmarked before the deadline and
delivered to the address listed earlier (see ADDRESSES). Comments,
including your name, street address, phone number, and other personally
identifiable information included in the comment will be available for
public review during regular business hours (8 a.m. to 4:30 p.m. local
time Monday through Friday, except on Federal holidays) in the Missoula
Field Office. Before including your address, phone number, email
address, or other personal identifying information in your comment, you
should be aware that your entire comment--including your personal
identifying information--may be made publicly available at any time.
While you can ask in your comment to withhold your personal identifying
information from public review, we cannot guarantee we will be able to
do so.
II. Background
The Missoula Field Office completed an RMP covering approximately
167,000 acres of public lands within its boundaries in January 2021.
The RMP is available at <a href="https://eplanning.blm.gov/eplanning-ui/project/58107">https://eplanning.blm.gov/eplanning-ui/project/58107</a>. These public lands are in Missoula, Granite, and Powell Counties
in western Montana. The Missoula Field Office needs to adopt this
proposed supplementary rule to implement decisions in the RMP. The
supplementary rule would allow enforcement of these decisions and would
protect natural resources and public health and safety.
The BLM included the proposed supplementary rule in the draft RMP
and draft environmental impact statement (EIS), which were available
for a 60-day public comment period following publication of a notice in
the Federal Register (84 FR 22513, May 17, 2019). The BLM again
included the draft supplementary rule in the final EIS, which was
subject to a 30-day public protest period following publication of a
notice in the Federal Register (85 FR 8607, February 14, 2020).
The BLM received no public comments on this proposed supplementary
rule during either of these public engagement periods.
III. Discussion of the Proposed Supplementary Rule
This proposed supplementary rule would apply to public lands and
BLM facilities managed by the Missoula Field Office.
The proposed rule conforms with management decisions contained in
the Missoula RMP (2021). The focus of an RMP is to guide the management
of resources for both protection and utilization, and to address issues
related to public health and safety. The RMP includes decisions
concerning restrictions, prohibitions, and allowable uses to address
identified issues or achieve management goals and objectives. For these
decisions to be effectively implemented, enforcement is often needed,
first to ensure the management decision is properly understood and
followed and second to provide for civil and criminal penalties should
these restrictions and prohibitions not be followed.
Although many management decisions can be implemented through
existing laws and regulations, often unique and site-specific
restrictions and prohibitions need to be clearly defined for ease of
understanding and clarity as described further below. The BLM's tools
to achieve this understanding and clarity are closure and restriction
orders, supplementary rules, and special rules.
Specifically, this proposed supplementary rule for the Missoula RMP
includes:
<bullet> Four restrictions that would apply to all public lands and
facilities managed by the BLM Missoula Field Office. These restrictions
are intended to promote public safety, reduce user conflicts and safety
hazards on public lands, and prevent resource damage. A prohibition on
burning treated lumber and wood materials containing nails and screws
is needed because such activity not only leaves garbage on public lands
but could also lead to vehicle tire damage. Limiting the use of airsoft
and paintball guns would reduce the number of false alarms to law
enforcement about the use of ``guns'' in highly visited areas. Creating
a rule to limit memorials on public lands would give managers the
flexibility to decide the appropriate uses of public lands as well as
reduce conflicts and resource damage. The intent of the 72-hour limit
on unattended personal property is to curb transient camps from
forming, along with any associated garbage that may accumulate.
<bullet> The proposed supplementary rule's provisions for the
Limestone Cliffs Special Recreation Management Area (SRMA) are needed
to protect the unique geological feature of the limestone cliffs, which
are an integral part of the SRMA, and to provide for public safety
while rock climbing along the cliffs.
<bullet> The proposed supplementary rule's provisions in Bear Creek
Flats would supplement the existing supplementary rule, finalized in
March 2004 (69 FR 10743), for the Blackfoot River, which established
consistency with the Montana Department of Fish, Wildlife and Parks'
Blackfoot River Recreation Corridor rules. The proposed Bear Creek
Flats provisions would not replace the existing rule; rather, they
would expand the existing rule to include the Bear Creek Flats
acquisition.
<bullet> The proposed supplementary rule includes two new
restrictions for lands within the Blackfoot SRMA: (1) no jumping off
any bridges along the Blackfoot River corridor, which is intended to
enhance public safety for all recreational river users; and (2) time
restrictions for day-use sites, from 10 p.m. to 5 a.m., thereby
prohibiting camping at day-use-only sites.
[[Page 47671]]
<bullet> The proposed supplementary rule's provisions in the Dupont
Acquired Lands area are needed to be consistent with conditions the BLM
agreed to when it acquired the area via donation. These conditions are
specified in the Dupont Conservation Easement signed in April 1997.
Although the BLM has complied with these conditions since the
acquisition, this supplementary rule would enable the BLM to enforce
the conditions.
<bullet> The proposed supplementary rule's provisions for Sperry
Grade are necessary to enforce a seasonal closure on human entry to the
Sperry Grade area, which would be consistent with the Montana
Department of Fish, Wildlife and Parks' closure-to-human-entry rule for
the adjacent Blackfoot-Clearwater Game Range. The purpose of the
seasonal closure is to protect the elk and elk winter range. When the
BLM acquired the Sperry Grade in 1992, the BLM decided, informed by an
environmental assessment, that the grade would be managed similarly to
the Blackfoot-Clearwater Game Range, including closing it to human
entry during the winter. This proposed supplementary rule would make
that seasonal closure on the Sperry Grade enforceable.
<bullet> The proposed supplementary rule's provisions for Garnet
Ghost Town would help reduce threats to the fragile late 19th century
buildings and artifacts that comprise the popular tourist area.
The authority for this supplementary rule is set forth at sections
303 and 310 of the Federal Land Policy and Management Act, 43 U.S.C.
1733 and 1740. The BLM is proposing this supplementary rule under the
authority of 43 Code of Federal Regulations (CFR) 8365.1-6, which
allows BLM State Directors to establish supplementary rules for the
protection of persons, property, and public lands and resources. This
provision allows the BLM to issue rules of less than national effect by
publishing the rules in the Federal Register, without codifying them in
the CFR.
IV. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
This proposed supplementary rule is not a significant regulatory
action and is not subject to review by the Office of Management and
Budget under Executive Order 12866. The proposed supplementary rule
would not have an effect of $100 million or more on the economy and
would not adversely affect in a material way productivity, competition,
jobs, the environment, public health or safety, or State, local or
Tribal governments or communities. The proposed supplementary rule
would not create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency. The proposed supplementary
rule would not materially alter the budgetary effects of entitlements,
grants, user fees, or loan programs, or the rights or obligations of
their recipients, nor does it raise novel legal or policy issues. The
proposed supplementary rule would merely impose limitations on certain
activities on certain public lands to protect natural resources and
human health and safety.
National Environmental Policy Act
The BLM analyzed this proposed supplementary rule's requirements in
the EIS associated with the Missoula RMP.
The BLM included the proposed supplementary rule in the draft RMP
and draft EIS, which were available for a 60-day public comment period.
The BLM again included the draft supplementary rule in the final EIS,
which was subject to a 30-day public protest period. The BLM received
no comments on the proposed rule's requirements during either of the
public engagement periods.
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act of 1980 (RFA),
which 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. This proposed supplementary rule
would have no effect on business entities of any size. The proposed
supplementary rule would merely impose reasonable restrictions on
certain activities on certain public lands to protect natural resources
and the environment and human health and safety. Therefore, the BLM
certifies under the RFA that this proposed supplementary rule would not
have a significant economic impact on a substantial number of small
entities.
Small Business Regulatory Enforcement Fairness Act
This proposed supplementary rule is not a ``major rule'' as defined
at 5 U.S.C. 804(2). The proposed supplementary rule would merely impose
reasonable restrictions on certain recreational activities on certain
public lands to protect natural resources, the environment, and human
health and safety. The proposed supplementary rule would 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, geographic regions, or Federal, State, or local
agencies; or
(3) Have significant adverse effects on competition, employment,
investment, productivity, innovation, or on the ability of U.S.-based
enterprises to compete with foreign based enterprises in domestic and
export markets.
Unfunded Mandates Reform Act
This proposed supplementary rule would not impose an unfunded
mandate on State, local, or Tribal governments or the private sector of
more than $100 million per year; nor would it have a significant or
unique effect on State, local, or Tribal governments or the private
sector. The proposed supplementary rule would merely impose reasonable
restrictions on certain recreational activities on certain public lands
to protect natural resources, the environment, and human health and
safety. 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)
This proposed supplementary rule would not constitute a government
action capable of interfering with constitutionally protected property
rights. The proposed supplementary rule would not address property
rights in any form and would not cause the impairment of
constitutionally protected property rights. Therefore, the BLM has
determined that this proposed supplementary rule would not cause a
``taking'' of private property or require further discussion of takings
implications under this Executive order.
Executive Order 13132, Federalism
This proposed supplementary rule would 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. Therefore, in
accordance with Executive Order 13132, the BLM has determined that the
proposed supplementary rule would not have sufficient federalism
implications to warrant preparation of a federalism assessment.
[[Page 47672]]
Executive Order 12988, Civil Justice Reform
Under Executive Order 12988, the BLM has determined that this
proposed supplementary rule would not unduly burden the judicial system
and that it meets the requirements of sections 3(a) and 3(b)(2) of
Executive Order 12988.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, the BLM has found that
this proposed supplementary rule does not include policies that have
Tribal implications and would have no bearing on trust lands or on
lands for which title is held in fee status by Indian Tribes or U.S.
Government-owned lands managed by the Bureau of Indian Affairs.
Information Quality Act
In developing this proposed supplementary rule, 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
This proposed supplementary rule would not comprise a significant
energy action. The proposed supplementary rule would not have an
adverse effect on energy supply, production, or consumption and would
have no connection with energy policy.
Executive Order 13352, Facilitation of Cooperative Conservation
In accordance with Executive Order 13352, the BLM has determined
that this proposed supplementary rule 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 associated programs, projects, and
activities are consistent with protecting public health and safety.
Paperwork Reduction Act
This proposed supplementary rule does 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. 3501-3521.
V. Proposed Rule
Author
The principal author of this proposed supplementary rule is Erin
Carey, Field Manager, BLM Missoula Office.
For the reasons stated in the preamble, and under the authority of
43 U.S.C. 1733(a) and 1740, and 43 CFR 8365.1-6, the State Director
proposes a supplementary rule for public lands and facilities in the
Missoula Field Office.
Proposed Supplementary Rule for the Missoula Field Office
Definitions
As used in this Supplementary Rule, the term:
Airsoft and paintball activities means any recreational activity
that involves the use of replica firearms to fire non-lethal, plastic
or form pellets, or paint-laden capsules, using compressed gas or
electric and/or spring driven pistons. Such activities may include
shooting targets or games/combat situations involving multiple people.
Firearms means any weapon capable of firing a projectile, including
but not limited to a rifle, shotgun, handgun, BB-gun, pellet gun, or
paintball gun.
Public lands means any lands owned by the United States and
administered by the Secretary of the Interior through the Bureau of
Land Management (BLM) without regard to how the United States acquired
ownership. This includes paved or unpaved parking lots or other paved
or unpaved areas where vehicles are parked or areas where the public
may drive a motorized vehicle, paved or unpaved roads, routes, or
trails.
Prohibited Acts on Public Lands in the Missoula Field Office
1. You must not burn treated lumber and woody materials containing
hardware (such as nails and screws) on public lands unless approved by
the authorized officer.
2. You must not:
a. Use airsoft guns and paintball guns across any designated route
of travel; across any body of water, including flowing rivers and
streams, lakes, and ponds; or within 150 yards of any man-made object,
structure, camp, or dwelling, unless such structure is specifically
designed and permitted for use in those activities;
b. Use anything other than biodegradable ammunition in airsoft and
paintball guns; or
c. Leave behind debris associated with the use of airsoft and
paintball guns after completion of those activities in areas where
airsoft and paintball guns are allowed.
3. You must not establish or erect a permanent or semi-permanent
symbol, shrine, placard, or other structure on public lands without
prior written authorization from the BLM.
4. You must not leave personal property unattended for 72 hours or
longer without prior authorization from the BLM. After that time, it is
deemed abandoned and can be duly removed and disposed of by the BLM, or
any person acting on its behalf.
5. Prohibited Acts within the Sperry Grade Area
To be consistent with Montana Fish and Wildlife and Parks
management of the Blackfoot-Clearwater Game Range, you must not enter
the BLM-administered public lands in the Sperry Grade area from
November 11 to May 14 of each year.
6. Prohibited Acts within the Dupont Acquired Lands
a. You must not camp outside of designated sites or areas.
b. You must not light or maintain a warming fire or campfire.
c. You must not operate a motor vehicle within the Dupont Acquired
Lands unless for administrative purposes upon approval by the Missoula
field manager.
d. You must not collect firewood except for predetermined
authorized use established by the Missoula field manager.
e. You must not discharge a firearm or projectile (except for legal
game hunting purposes as established by the Montana Department of Fish,
Wildlife and Parks) or engage in other recreational shooting including,
but not limited to, plinking, target shooting, or shooting varmints.
7. Prohibited Acts within the Bear Creek Flats
a. You must not camp outside of designated sites or areas.
b. You must not light or maintain a fire except in designated areas
or government-installed fire rings.
c. You must not collect firewood except for use onsite. You may
only burn dead and down wood.
d. You must not discharge a firearm or projectile (except for legal
game hunting purposes as established by the Montana Department of Fish,
Wildlife and Parks) or engage in other recreational shooting including,
but not limited to, plinking, target shooting, or shooting varmints.
8. Prohibited Acts within Garnet Ghost Town
a. You must not use any device for detecting metal, except when
allowed by permit.
b. You must not camp unless permitted by an authorized officer.
c. You must not discharge firearms, weapons, fireworks, or any
projectile, or
[[Page 47673]]
engage in other recreational shooting including, but not limited to,
plinking, target shooting, or shooting varmints.
d. You must not bring an animal into the area unless the animal is
on a leash that is not longer than 6 feet and is secured to an object
or under the control of a person or is otherwise physically restrained
at all times.
e. You must not light or maintain a fire except in designated fire
rings established by the government.
f. You must not smoke in the buildings or within 10 feet of any
building.
9. Prohibited Acts within Blackfoot Special Recreation Management
Area (SRMA)
a. You must not occupy the following day-use sites between the
hours of 10 p.m. and 5 a.m.: Daigles Eddy Day Use Site, Sheep Flats Day
Use Site, Thibodeau Rapids Day Use Site, Whitaker Bridge Day Use Site,
Red Rock Day Use Site, Belmont Day Use Site, and River Bend Day Use
Site.
b. You must not jump from any bridge over the Blackfoot River.
10. Prohibited Acts within Limestone Cliffs Area
a. You must not install new, permanent climbing hardware for new or
existing routes unless approved by the authorized officer.
b. You must not discharge a firearm or projectile (except for legal
game hunting purposes as established by the Montana Department of Fish
and Wildlife and Parks) or engage in other recreational shooting
including, but not limited to, plinking, target shooting, or shooting
varmints.
c. You must not bring an animal into the area unless the animal is
on a leash that is not longer than 6 feet and is secured to an object
or under the control of a person or is otherwise physically restrained
at all times.
Exemptions
The following persons are exempt from this supplementary rule: any
Federal, State, local, or military employees acting within the scope of
their official duties; members of any organized rescue or fire fighting
force performing an official duty; and persons who are expressly
authorized or approved by the BLM.
Enforcement
Any person who violates any part of this supplementary rule may be
tried before a U.S. Magistrate and fined in accordance with 18 U.S.C.
3571, imprisoned for no more than 12 months under 43 U.S.C. 1733(a) and
43 CFR 8360.0-7, or both. In accordance with 43 CFR 8365.1-7, State or
local officials may also impose penalties for violations of Montana
law.
(Authority: 43 U.S.C. 1733(a), 1740; 43 CFR 8365.1-6)
Theresa M. Hanley,
Acting BLM Montana State Director.
[FR Doc. 2022-16295 Filed 8-3-22; 8:45 am]
BILLING CODE 4310-JB-P
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