From: Subject: FR Doc E7-13083 Date: Tue, 10 Jul 2007 22:08:55 -0700 MIME-Version: 1.0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-13083.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3138 FR Doc E7-13083 
[Federal Register: July 6, 2007 (Volume 72, Number 129)]
[Notices]              =20
[Page 37049-37051]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jy07-100]                        =20

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management, Interior

[MT066-1220-FV]

=20
Notice of Intent To Collect Fees on Public Land in Chouteau=20
County, Montana Under the Federal Lands Recreation Enhancement Act=20
(REA) and Impose Supplementary Rules

AGENCY: Bureau of Land Management, Lewistown Field Office, Fort Benton,=20
Montana.

ACTION: Notice of intent.

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SUMMARY: The Bureau of Land Management proposes to establish fees and=20
supplementary rules for the Upper Missouri River Breaks National=20
Monument (UMRBNM) Interpretive Center for public use of the day-use=20
areas. The fees are authorized under the Federal Lands Recreation=20
Enhancement Act (REA), 16 U.S.C. 6801 et seq. The UMRBNM Interpretive=20
Center qualifies as a site wherein visitors can be charged a ``Standard=20
Amenity Recreation Fee'' authorized under section 3(4)(f) of the REA,=20
for a recreation use permit described at 43 CFR part 2930. The=20
supplementary rules, developed pursuant to 43 CFR 8365.1-6, are=20
necessary for human health and safety and to protect the natural=20
resources of the site. In accordance with BLM recreation fee program=20
policy, the business plan explains the fee collection process, as well=20
as outlining how the fees will be used at the UMRBNM Interpretive=20
Center. BLM has notified and involved the public at each stage of the=20
planning process, including the proposal to collect fees.

DATES: There will be a thirty (30) day public comment period that will=20
expire 30 days after publication of this notice. The public is=20
encouraged to participate in the public comment period. Effective 6=20
months after the publication of this notice, the Bureau of Land=20
Management, Lewistown Field Office will initiate fee collection in the=20
UMRBNM Interpretive Center, unless BLM publishes a Federal Register=20
notice to the contrary. The Central Montana Resource Advisory Council=20
(RAC) will review consideration for the new fee at least 3 months prior=20
to the proposed initiation date. BLM may not necessarily consider or=20
include in the Administrative Record for the final supplementary rules=20
comments that are received after the close of the comment period=20
described in this paragraph or comments that are delivered to an=20
address other than that listed in the following paragraph.

ADDRESSES: (1) You may mail comments on the proposed fee and=20
supplementary rules to Bureau of Land Management (BLM), Field Manager,=20
Lewistown Field Office, 920 NE Main Street, Lewistown, MT 59457; (2)=20
You may hand deliver comments to the Bureau of Land Management at the=20
same address.

FOR FURTHER INFORMATION CONTACT: June Bailey, Field Office Manager,=20
Bureau of Land Management, 920 NE Main Street, Lewistown, MT 59457,=20
406-538-1900.

SUPPLEMENTARY INFORMATION: The UMRBNM Interpretive Center is a day-use=20
site located at the head of the Wild and Scenic Upper Missouri River,=20
and the Upper Missouri River Breaks National Monument in Fort Benton,=20
Montana. Pursuant to the REA, a fee per person will be charged for day=20
use. BLM will charge separate fees for day use, educational tours, area=20
passes and group reservations of the center. These fees will be posted=20
at the UMRBNM Interpretive Center, at the Web site http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?=
from=3DleavingFR.html&log=3Dlinklog&to=3Dhttp://www.mt.blm.gov/ld=
o/um/docs/interpretivecenter.htm
, and at the Lewistown=20

Field Office in Lewistown, MT. Fees must be paid at the front desk=20
located in the lobby of the interpretive center. People holding a River=20
and Plains Society partnership pass; the America The Beautiful--The=20
National Parks and Federal Recreational Lands Pass (i.e. the=20
Interagency Annual Pass, Interagency Senior Pass, Interagency Access=20
Pass, and Interagency Volunteer Pass); the National Parks Pass with=20
Golden Eagle Hologram; and the Golden Eagle, Golden Age or Golden=20
Access Passports will be entitled to free admission to the UMRBNM=20
Interpretive Center.
    The REA provides authority for 10 years for the Secretary of the=20
Interior and the Secretary of Agriculture to establish, modify, charge,=20
and collect recreation fees for use of some Federal recreation lands=20
and waters, and contains specific provisions addressing public=20
involvement in the establishment of recreation fees, including a=20
requirement that Recreation Resource Advisory Committees or Councils=20
have the opportunity to make recommendations regarding establishment of=20
such fees. REA also directed the Secretaries of the Interior and=20
Agriculture to publish advance notice in the Federal Register whenever=20
new recreation fee areas are established under their respective=20
jurisdictions. In accordance with BLM recreation fee program policy,=20
the Lewistown Field Office UMRBNM Interpretive Center business plan=20
explains the fee collection process, and outlines how the fees will be=20
used at the UMRBNM Interpretive Center. BLM has notified and involved=20
the public at each stage of the planning process, including the=20
proposal to collect fees. Fee amounts will be posted on-site, and at=20
the Lewistown Field Office, and copies of the business plan will be=20
available at the Lewistown Field Office and the BLM Montana State=20
Office.
    The supplementary rules proposed pursuant to 43 CFR 8366.1-5 will=20
not create a serious inconsistency or otherwise interfere with an=20
action taken or planned by another agency. These proposed supplementary=20
rules do not alter the budgetary effects of entitlements, grants, user=20
fees, or loan programs or the rights or obligations of their=20
recipients; nor do they raise novel legal or policy issues. They merely=20
impose rules of conduct and other limitations on certain recreational=20
activities at a recreation site at the UMRBNM Interpretive Center to=20
protect natural resources and human health and safety. This new=20
interpretive center opened to the public on October 18, 2006. Fees have=20
not been charged at this site in the past. Information concerning the=20
proposed new fees has been available on the BLM Web site, is posted on=20
site, has been written up in local newspapers, and has been spread=20
through word of mouth from on-site volunteer hosts and local users.=20
These efforts will continue following publication of this notice, with=20
additional press releases to local news media.

Clarity of the Supplementary Rules

    Executive Order 12866 requires each agency to write regulations=20
that are simple and easy to understand. The BLM invites your comments=20
on how to make these proposed supplementary rules easier to understand,=20
including answers to questions such as the following: (1) Are the=20
requirements in the proposed supplementary rules clearly stated? (2) Do=20
the proposed supplementary rules contain technical language or jargon=20
that interferes with their clarity? (3) Does the format of the proposed=20
supplementary rules (grouping and order of sections, use of headings,=20
paragraphing, etc.) aid or reduce their clarity? (4) Would the=20
supplementary rules be easier to understand if they were divided into=20
more (but shorter) sections? (5) Is the

[[Page 37050]]

discussion of the proposed supplementary rules in the SUPPLEMENTARY=20
INFORMATION section of this preamble helpful to your understanding of=20
the proposed supplementary rules? and (6) How could this material be=20
more helpful in making the proposed supplementary rules easier to=20
understand?
    BLM welcomes public comments on this proposal, both as to the=20
proposed fee and supplementary rules. Please send any comments to the=20
address specified in the ADDRESSES section. Before including your=20
address, phone number, e-mail address, or other personal identifying=20
information in your comment, you are advised that your entire comment--
including your personal identifying information--may be made publicly=20
available at any time. While you can ask us in your comment to withhold=20
from public review your personal identifying information, we cannot=20
guarantee that we will be able to do so.

National Environmental Policy Act

    BLM prepared Environmental Impact Statement No. MT 060-02-16 (EIS)=20
to analyze the environmental impacts of the construction of the UMRBNM=20
Interpretive Center. These proposed supplementary rules are designed to=20
mitigate potential user-related issues discussed in the environmental=20
impact statement. While the EIS does not include or analyze specific=20
language for the proposed rules, it does inform the public that rules=20
for use of the area will be developed to reduce user/residential=20
conflicts and to protect important resources and values of the area.
    The EIS states that visitation to the area is expected to increase=20
with time, and this would occur in a primarily residential area. This=20
would adversely impact a quiet residential area due to increased=20
traffic on Front Street. Using Front Street and not Main Street as the=20
primary access route would create less residential impact since there=20
are fewer homes on Front Street than on Main Street.
    The proposed supplementary rules are designed to mitigate these=20
specific issues addressed in the EIS. The BLM has found that the=20
proposed supplementary rules would not constitute a major Federal=20
action significantly affecting the quality of the human environment=20
under section 102(2)(C) of the Environmental Protection Act of 1969=20
(NEPA), 42 U.S.C. 4332(2)(C). The EIS is available for review in the=20
BLM Administrative Record at the address specified in the ADDRESSES=20
section.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act of 1980 (RFA), as=20
amended, 5 U.S.C. 601-612, to ensure that Government regulations do not=20
unnecessarily or disproportionately burden small entities. The RFA=20
requires a regulatory flexibility analysis if a rule would have a=20
significant economic impact, either detrimental or beneficial, on a=20
substantial number of small entities. These proposed supplementary=20
rules should have no effect on business entities of whatever size. They=20
merely would impose reasonable restrictions on certain recreational=20
activities on the UMRBNM to protect natural resources and the=20
environment, and human health and safety.
    To determine an appropriate fee structure, BLM has worked with its=20
partners in the project, the city of Fort Benton and the River and=20
Plains Society. The River and Plains Society is responsible for=20
administering three interpretive sites in Fort Benton: The Old Fort,=20
the Agricultural Museum and Pioneer Village, and the Museum of the=20
Upper Missouri (local Fort Benton history and `tall tales'). BLM has=20
also queried managers of regional recreational facilities, including=20
the Lewis and Clark Interpretive Center, Ulm Pishkun State Park, Giant=20
Springs State Park as well as the C.M. Russell Museum, all in Great=20
Falls. As part of this process, BLM will work closely with its partners=20
in Fort Benton to assure them of appropriate and commensurate fees. BLM=20
also plans to offer an `area pass' that can be purchased at any site,=20
and allow the ticket holder admittance to any of these venues in Fort=20
Benton. In addition, the proposed fees will be consistent with fees=20
being charged for the same services at other public and BLM facilities.=20
Therefore, BLM has determined under the RFA that these proposed=20
supplementary rules would not have a significant economic impact on a=20
substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    These proposed supplementary rules are not a ``major rule'' as=20
defined at 5 U.S.C. 804(2). They would not result in an effect on the=20
economy of $100 million or more, in an increase in costs or prices, or=20
in significant adverse effects on competition, employment, investment,=20
productivity, innovation, or on the ability of United States-based=20
enterprises to compete with foreign-based enterprises in domestic and=20
export markets. They would merely impose reasonable restrictions on=20
certain activities at one recreation site within the Upper Missouri=20
River Breaks National Monument and inside the city limits of Fort=20
Benton, to protect natural resources and the environment, and human=20
health and safety. The user fees proposed for the site are comparable=20
to fees charged for similar facilities in the region and will not=20
unfairly compete with local small businesses.

Unfunded Mandates Reform Act

    These proposed supplementary rules do not impose an unfunded=20
mandate on State, local or Tribal governments or the private sector of=20
more than $100 million per year; nor do these proposed supplementary=20
rules have a significant or unique effect on State, local, or tribal=20
governments or the private sector. They would merely impose reasonable=20
restrictions on certain activities at one recreation site within the=20
UMRBNM Interpretive Center and inside the city limits of Fort Benton to=20
protect natural resources and the environment, and human health and=20
safety. Therefore, BLM is not required to prepare a statement=20
containing the information required by the Unfunded Mandates Reform Act=20
(2 U.S.C. 1531 et seq.)

Executive Order 12630, Governmental Actions and Interference With=20
Constitutionally Protected Property Rights (Takings)

    The proposed supplementary rules do not represent a government=20
action capable of interfering with constitutionally protected property=20
rights. The proposed supplementary rules would have no effect on=20
private lands or property. Therefore, the Department of the Interior=20
has determined that the rule would not cause a taking of private=20
property or require preparation of a takings assessment under this=20
Executive Order.

Executive Order 13132, Federalism

    The proposed supplementary rules would not have a substantial=20
direct effect on the States, on the relationship between the national=20
government and the States, or on the distribution of power and=20
responsibilities among the various levels of government. The proposed=20
supplementary rules would have no effect on State or local government,=20
and specifically exempt State and local government law enforcement and=20
emergency personnel and activities from the effect of the supplementary=20
rules. Therefore, in accordance with Executive Order 13132, BLM has=20
determined that these proposed supplementary rules do not have=20
sufficient federalism implications

[[Page 37051]]

to warrant preparation of a federalism assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the Office of the Solicitor determined=20
that these proposed supplementary rules would not unduly burden the=20
judicial system and that they meet the requirements of sections 3(a)=20
and 3(b)(2) of the Order.

Executive Order 13175, Consultation and Coordination With Indian Tribal=20
Governments

    Coordination and consultation as to development of the UMRBNM=20
Interpretive Center and the proposed establishment of new fees has=20
included contact with the following Tribal entities: Blackfeet, Nez=20
Perce and Little Shell Band of the Chippewa Tribes. As a result of the=20
consultation and coordination, in accordance with Executive Order=20
13175, BLM has found that these proposed fees and supplementary rules=20
for the recreation site do not include policies that have Tribal=20
implications.

Paperwork Reduction Act

    These proposed supplementary rules do not contain information=20
collection requirements that the Office of Management and Budget must=20
approve under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et=20
seq.

Author

    The principal author of these proposed supplementary rules is=20
Connie Jacobs, UMRBNM Interpretive Center, Lewistown Field Office,=20
Bureau of Land Management. The proposed supplementary rules for the=20
UMRBNM Interpretive Center will go into effect six months after the=20
publication of this notice. The supplementary rules will be posted at=20
the site, in the center and the Lewistown Field Office and on the Web=20
site http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.htm=
l&log=3Dlinklog&to=3Dhttp://www.mt.blm.gov/ldo/index.html.

    The following supplementary rules are established for the=20
interpretive center site:
    1. Rules.
    a. No parking at the site overnight; no parking lot use from 10:30=20
p.m. through 6 a.m.
    b. Vehicles and camping gear may not be left unattended in the=20
parking lot or interpretive center site for longer than 24 hours.
    c. Firearms, bows and arrows, other weapons, air rifles, paintball=20
equipment, pistols and any projectile may not be discharged in the=20
parking lot or on the interpretive center site at any time.
    d. Persons using the interpretive center will be subject to a=20
standard amenity fee. Future adjustments in the fee amount will be=20
modified in accordance with the BLM Upper Missouri River Breaks=20
National Monument Interpretive Center business plan, consultation with=20
the Central Montana Resource Advisory Council and other public notice=20
prior to a fee increase. All fee information will be on the Web site=20
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cg=
i?from=3DleavingFR.html&log=3Dlinklog&to=3Dhttp://www.blm.gov/mt/=
st/en/fo/lewistown_field_office.html and posted=20

at the Lewistown Field Office and the UMRBNM Interpretive Center. Fee=20
amounts are posted on-site, at the BLM Montana State Office, and the=20
BLM Lewistown Field Office. Copies of the adjustment schedule and the=20
Upper Missouri River Breaks National Monument Interpretive Center=20
business plan are available for inspection at on-site, at the BLM=20
Montana State Office, and at the BLM Lewistown Field Office.
    e. Motorized vehicles must remain on constructed roadways, must=20
park at designated sites only, and may not obstruct traffic flow or=20
park at handicap accessible sites without having required accessible=20
parking documentation. Cross-country vehicle travel is not allowed.
    f. Drivers must obey posted speed limits at all times.
    g. Pets must be kept on a leash within the interpretive center=20
site, and day use areas must be kept free of pet waste.
    h. Organizations making a profit, or organizations seeking to make=20
a profit at the UMRBNM Interpretive Center, are classified as=20
commercial and must obtain a special recreation permit separate from=20
the standard amenity fee at the interpretive center.
    2. Exceptions.
    Federal, state, and local law enforcement officers, government=20
employees, and BLM volunteers acting in the course of their official=20
duties are exempt from these supplementary rules. Limitations on the=20
use of motorized vehicles do not apply to emergency vehicles, fire=20
suppression and rescue vehicles, law enforcement vehicles, and other=20
vehicles performing official duties, or as approved by an authorized=20
officer of BLM.
    3. Violations of these rules are punishable by a fine not to exceed=20
$1,000 and/or imprisonment not to exceed 12 months (43 CFR 8360.0-7),=20
or the enhanced penalties established in 18 U.S.C. 3571.

    Authority: Notice of establishment of the fee area is provided=20
pursuant to 16 U.S.C. 6803(b). Supplementary Rules are established=20
pursuant to 43 CFR 8365.1-5. BLM welcomes public comments on this=20
proposal.

    Dated: April 17, 2007.
June Bailey,
Field Office Manager, Lewistown Field Office.
[FR Doc. E7-13083 Filed 7-5-07; 8:45 am]

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