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Notice of Proposed Supplementary Rule on Public Land in Oregon
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 9, 2003 (Volume 68, Number 131)]
[Notices]
[Page 40999-41001]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jy03-120]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[OR-128-6332-PD, 3-0166]
Notice of Proposed Supplementary Rule on Public Land in Oregon
AGENCY: Bureau of Land Management, Coos Bay District, Oregon, Interior.
ACTION: Proposed supplementary rule for public land within Bear Creek
Recreation Site, Coos Bay District, Oregon.
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SUMMARY: The Bureau of Land Management (BLM)'s, Coos Bay District,
Myrtlewood Field Office is proposing a supplementary rule to change the
occupancy and camping stay limit at Bear Creek Recreation Site from 14
days to 24 hours. This rule will apply to the public lands within the
Bear Creek Recreation Site in the Myrtlewood Resource Area, Coos Bay
District, Douglas County, Oregon. The supplementary rule is needed
because the area has experienced numerous and persistent site
management problems such as: Assault, illicit drug sales and use, and
public drunkenness. The supplementary rule is intended to protect the
area's natural resources and provide for public health and safety.
DATES: The BLM requests comments from the public concerning this
supplementary rule. The comment period will be open until August 8,
2003. In developing the final rule, BLM may not consider comments
postmarked or received in person or by electronic mail after this date.
ADDRESSES: Mail: Bureau of Land Management, Coos Bay District Office,
1300 Airport Lane, North Bend, OR, 97459.
Internet e-mail: coos_bay@or.blm.gov (Include Attn: ``Myrtlewood
Field Manager'')
FOR FURTHER INFORMATION CONTACT: Richard Conrad, Myrtlewood Field
Manager, 1300 Airport Lane, North Bend, OR, 97459, telephone (541) 756-
0100.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Discussion of the Supplementary Rule.
III. Procedural Matters.
I. Public Comment Procedures
Electronic Access and Filing Address
You may view an electronic version of this proposed rule at BLM's
Internet home page: www.blm.gov. You may also comment via the Internet
to www.blm.gov. 
You may also comment via the Internet
to coos_bay@or.blm.gov (Include Attn: Myrtlewood Field Manager''). If
you do not receive a confirmation from the system that we have received
your Internet message, contact us directly at (503-756-0100).
Written Comments
Written comments on the proposed supplementary rule should be
specific, confined to issues pertinent to the proposed supplementary
rule, and should explain the reason for any recommended change. Where
possible, comments should reference the specific section or paragraph
of the proposal which the comment addresses. BLM may not necessarily
consider or include in the Administrative Record for the final rule
comments which BLM receives after the close of the comment period (See
DATES) or comments delivered to an address other than those listed
above (See ADDRESSES).
Comments, including names, streets addresses, and other contact
[[Page 41000]]
information about respondents, will be available for public review at
(address) during regular business hours (7:45 a.m. to 3:45 p.m.),
Monday through Friday, except Federal holidays. Individual respondents
may request confidentiality. If you wish to request that BLM consider
withholding your name, street address, and other contact information
(such as: Internet address, FAX or phone number) from public review or
from disclosure under the Freedom of Information Act, you must state
this prominently at the beginning of your comment. BLM will honor
requests for confidentiality on a case-by-case basis to the extent
allowed by law. BLM will make available for public inspection in their
entirety all submissions from organizations or businesses, and from
individuals identifying themselves as representatives or officials of
organizations or businesses.
II. Discussion of the Supplementary Rule
This supplementary rule will apply to the public lands within the
Bear Creek Recreation Site. Bear Creek Recreation Site is an 8-site
campground located along a remote stretch of State Highway 42,
approximately 30 miles east of Myrtle Point, Oregon, or 30 miles west
of Roseburg, Oregon, within Section 9 of Township 30 South, Range 9
West of the Willamette Meridian. Since the early 1960s, Bear Creek has
been a popular stop for travelers between Roseburg and Coos Bay.
Although camping is permitted, visitor use surveys have shown the site
is used primarily as a ``highway rest stop.'' A reroute of State
Highway 42 in the late 1970s significantly diminished the rustic
character of the site as a campground. Due to its remote location and
distance from the Coos Bay District Office, it has been difficult for
BLM personnel to maintain an adequate presence at Bear Creek. As a
result, there have been numerous and persistent site management
problems such as: Assault, illicit drug sales and use, public
drunkenness, unsanitary conditions and activities, intimidation of
visitors, vandalism, litter, violation of stay limit, etc. BLM proposes
to reduce the occupancy and camping stay limit from 14 days to 24
hours. Overnight camping will still be permitted; however, after 24
hours, occupants must move with all of their personal possessions and
cannot camp on BLM administered land within a 10-mile radius for 14
days. BLM has determined this rule necessary to protect the area's
natural resources and to provide for safe public recreation, public
health, and reduce the potential for damage to the environment and to
enhance the safety of visitors and neighboring residents.
III. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
This supplementary rule is not a significant regulatory action and
is not subject to review by Office of Management and Budget under
Executive Order 12866. This supplementary rule will not have an effect
of $100 million or more on the economy. It is not intended to affect
commercial activity, but merely revises a camping stay limit. It 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 proposed
supplementary rules will not create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency.
The supplementary rules do not 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.
Clarity of the Supplementary Rules
Executive Order 12866 requires each agency to write regulations
that are simple and easy to understand. We invite your comments on how
to make the proposed supplementary rule easier to understand, including
answers to questions such as the following:
(1) Are the requirements in the proposed supplementary rule clearly
stated?
(2) Does the proposed supplementary rule contain technical language
or jargon that interferes with clarity?
(3) Does the format of the proposed supplementary rule (grouping
and order of sections, use of headings, paragraphing, etc.) aid or
reduce their clarity?
(4) Would the supplementary rule be easier to understand if they
were divided into more (but shorter) sections?
(5) Is the description of the proposed supplementary rule in the
SUPPLEMENTARY INFORMATION section of this preamble helpful in
understanding the proposed supplementary rules? How could this
description be more helpful in making the supplementary rule easier to
understand?
Please send any comments you have on the clarity of the
supplementary rule to the address specified in the ADDRESSES section.
National Environmental Policy Act
BLM has determined that this proposed supplementary rule changing
the occupancy and camping stay limit at Bear Creek Recreation Site from
14 days to 24 hours is a purely administrative action. Therefore, it is
categorically excluded from environmental review under section
102(2)(C) of the National Environmental Policy Act, pursuant to 516
Departmental Manual (DM), Chapter 2, Appendix 1. In addition, the
proposed rule does not meet any of the 10 criteria for exceptions to
categorical exclusions listed in 516 DM, Chapter 2, Appendix 2.
Pursuant to Council on Environmental Quality regulations (40 CFR
1508.4) and the environmental 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
Congress enacted the Regulatory Flexibility Act (RFA) of 1980, 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. The supplementary rules do not
pertain specifically to commercial or governmental entities of any
size, but to public recreational use of specific public lands.
Therefore, BLM has determined under the RFA that the proposed
supplementary rule would not have a significant economic impact on a
substantial number of small entities.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This supplementary rule does not constitute a ``major rule'' as
defined at 5 U.S.C. 804(2). Again, the supplementary rule merely
revises a camping stay limit. The supplementary rule has no effect on
business--commercial or industrial--use of the public lands.
Unfunded Mandates Reform Act
This supplementary rule does not impose an unfunded mandate on
state, local, or tribal governments or the private sector of more than
$100 million per year; nor does the proposed
[[Page 41001]]
supplementary rule have a significant or unique effect on state, local,
or tribal governments or the private sector. The supplementary rule
does not require anything of state, local, or tribal governments.
Therefore, 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)
The proposed supplementary rule does not represent a government
action capable of interfering with Constitutionally-protected property
rights. The rule merely revises a camping stay limit. Therefore, the
Department of the Interior has determined that the rule would not cause
a taking of private property or require further discussion of takings
implications under this Executive Order.
Executive Order 13132, Federalism [Replaces Executive Orders 12612 and
13083.]
The proposed rule 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. The rule merely revises a camping stay
limit. Therefore, in accordance with Executive Order 13132, BLM has
determined that this proposed rule does not have sufficient Federalism
implications to warrant preparation of a Federalism Assessment.
Executive Order 12988, Civil Justice Reform
Under Executive Order 12988, the Office of the Solicitor has
determined that this proposed rule would not unduly burden the judicial
system and that it meets 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, we have found that this
final rule does not include policies that have tribal implications. The
rule merely revises a camping stay limit.
Paperwork Reduction Act
This 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 et seq.
Author
The principal author of this supplementary rule is Richard Conrad,
Myrtlewood Field Manager, Coos Bay District, Bureau of Land Management
For the reasons stated in the preamble, and under the authority of
43 CFR 8365.1-6, we issue the following supplementary rule:
Elaine M. Brong,
Oregon/Washington State Director.
Supplementary Rule for Bear Creek Recreation Site
Under 43 CFR (subpart 8365.1-6), the Bureau of Land Management will
enforce the following rule on the public lands within the Bear Creek
Recreation Site, Myrtlewood Resource Area/Field Office, Coos Bay
District, Oregon.
Sec. 1 Stay limit at Bear Creek Recreation Site
You must not leave personal possessions or stay at Bear Creek
Recreation Site longer than twenty-four (24) hours. After twenty-four
(24) hours, you must leave with all of your personal possessions and
must not camp on BLM-administered land within a 10-mile radius for 14
days.
Sec. 2 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, if you violate this
supplementary rule on public lands within the boundaries established in
the rules, you 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 the enhanced fines provided for
by 18 U.S.C. 3571.
[FR Doc. 03-17390 Filed 7-8-03; 8:45 am]
BILLING CODE 4310-33-P