[Federal Register Volume 61, Number 217 (Thursday, November 7, 1996)]
[Proposed Rules]
[Pages 57605-57621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28479]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Parts 2800, 2920, 4100, 4300, 4700, 5460, 5510, 8200, 8340, 
8350, 8360, 8370, 8560, 9210, and 9260

[WO-130-1820-00 24 1A]
RIN 1004-AC30


Law Enforcement--Criminal

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed rule.

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SUMMARY: The Bureau of Land Management (``BLM'') proposes to revise and 
consolidate many of the regulations which instruct the public regarding 
requirements for the management, use and protection of public lands, 
the knowing and willful violation of which subjects you to criminal 
penalties. The existing regulations which may, if knowingly and 
willfully violated, result in criminal penalties, are often difficult 
to understand and are scattered throughout the Code of Federal 
Regulations (``CFR''). Certain sections are no longer applicable but 
continue to take up space in the CFR. BLM proposes to remove obsolete 
regulations, consolidate many of the regulations that continue to apply 
in one new part, and rewrite the remaining regulations in plain English 
so that the regulated public can understand what actions are prohibited 
on BLM land.

DATES: Submit comments by January 6, 1997. BLM will consider comments 
postmarked on or before this date in preparing the final rule.

ADDRESSES: You may hand-deliver comments to the Bureau of Land 
Management, Administrative Record, Room 401, 1620 L Street, NW., 
Washington, DC; or mail comments to the Bureau of Land Management, 
Administrative Record, Room 401LS, 1849 C Street, NW., Washington, DC 
20240. You may transmit comments electronically via the Internet to 
WOC[email protected]. Please include ``Attn: AC30'' and your name and 
address in your message. If you do not receive a confirmation from the 
system that we have received your Internet message, contact us 
directly.

FOR FURTHER INFORMATION CONTACT: Dennis McLane (208) 387-5126.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures
II. Background
III. Discussion of Proposed Rule
IV. Procedural Matters

I. Public Comment Procedures

    Written comments on the proposed rule should:
    (a) Be specific;
    (b) Be confined to issues pertinent to the proposed rule;
    (c) Explain the reason for any recommended change;
    (d) Reference the specific section or paragraph of the proposal 
which the commenter is addressing, where possible.
    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).

II. Background

    Section 303 of the Federal Land Policy and Management Act of 1976 
(``FLPMA'' or ``the Act'') authorizes criminal enforcement of 
regulations adopted by the Secretary of the Interior through BLM under 
FLPMA relating to the management, use, and protection of the public 
lands and the property located thereon. 43 U.S.C. 1733. FLPMA provides 
for criminal penalties in the amount of $1,000 or imprisonment of no 
more than 12 months, or both, for violations of the Act. Id. Federal 
laws concerning public lands and resources often prescribe criminal 
penalties in excess of those provided for in FLPMA. For example, the 
alternative fines provisions of Title 18 U.S.C. Section 3571 allows 
assessment of a fine of not more than $100,000 for misdemeanors 
punishable by imprisonment for more than 6 months. Since FLPMA allows 
imprisonment of up to 12 months for a violation, the larger penalties 
under 18 U.S.C. 3571 apply to BLM programs. The proposed rule cites 
Federal law where fines larger than those allowed by FLPMA apply. 
Proposed part 9260 also describes the law enforcement authority of BLM, 
how BLM applies criminal penalties and procedures to certain BLM 
activities, and identifies many specific prohibited acts and many other 
regulations, the knowing and willful violation of which may subject you 
to criminal penalties.
    The proposed rule would help the public and Federal, State, and 
local agencies to understand the scope of BLM law enforcement 
authority, and the Federal laws and regulations that apply to public 
lands and BLM activities.
    BLM has attempted to consolidate criminal regulations before. Part 
9260 was originally published May 20, 1980, as a final rule. The intent 
of that rulemaking was to establish a single regulatory section where 
all enforcement provisions of the various land use regulations could be 
found. The regulations in part 9260 were duplicates of the regulations 
contained in other parts of Title 43 dealing largely with non-mineral 
use or development of the public lands. BLM intended to amend part 9260 
each time a law enforcement regulation was added or amended to other 
parts of Title 43. Since BLM did not amend 9260 each time a law 
enforcement regulation was added or amended in other parts of Title 43, 
part 9260 now conflicts with other sections of 43 CFR containing law 
enforcement regulations.
    Several executive branch directives call for efficiency in the 
regulatory process. BLM is meeting the requirements of those directives 
by:
    (a) Streamlining its regulations and eliminating obsolete and 
outdated regulations;
    (b) Reviewing existing regulations to discover opportunities to 
combine related resources and concepts; and
    (c) Reducing regulatory volume and rewriting the regulatory text in 
clearer and more action-oriented language.
    In many subparts of 43 CFR, BLM's regulations currently include 
lists of prohibited acts which are similar in nature. Other subparts in 
43 CFR, especially those related to mineral development in Groups 3000 
through 3800 of 43 CFR, do not rely on lists of prohibited acts to 
enforce the law. Instead, they are made up of regulatory requirements, 
the knowing and willful violation of which may subject you to criminal 
penalties. The minerals regulations may also list acts of noncompliance 
which, if you engage in them, may subject you to criminal penalties. 
Consequently, a lessee, operator, miner or other user of the public 
lands who knowingly and willfully violates such regulatory 
requirements, including those found in

[[Page 57606]]

43 CFR Groups 3000-3800, may be subject to criminal penalties under 
FLPMA. Because of the broad nature of BLM's enforcement authority under 
FLPMA, BLM is the only Federal land management agency that does not 
consolidate all criminal regulations in one part. While this proposed 
rule would consolidate BLM's prohibited acts provisions in one part to 
reduce the number of criminal regulations, it is not possible to 
completely consolidate all of BLM's regulations which impose 
requirements on the public, the knowing and willful violation of which 
would subject a person to criminal penalties. By revising the 
regulations, BLM would make them more understandable and easier to 
locate, and bring BLM in line with other Federal land management 
agencies as much as is possible at this time.

III. Discussion of Proposed Rule

    This rule proposes to remove criminal law enforcement provisions 
from parts 2800, 2920, 4100, 4300, 4700, 5460, 5510, 8200, 8340, 8350, 
8360, 8370, 8560, and 9210, and consolidate them in a new part 9260. 
Because of BLM's overall regulatory reform program, several of these 
parts may be proposed for amendment. In this rule, BLM will refer to 
the existing section numbers it proposes to remove, even though there 
may be proposed rules that will change the section numbering of those 
parts. When this rule is prepared for publication as a final rule, BLM 
will correct any inconsistencies.
    BLM has prepared the following chart to show where in the proposed 
rule the criminal law enforcement provisions from the old CFR will be 
located. In some instances, the chart serves merely to cross reference 
existing rules with the proposed rules, rather than to indicate the 
deletion of the existing rules.

------------------------------------------------------------------------
                                                               ``Plain  
                                                              English'' 
                       Existing rules                          proposed 
                                                                 rule   
------------------------------------------------------------------------
Sec.  9260.0-1.............................................  Sec.  9260.
                                                                       1
Sec.  9260.0-3.............................................  Sec.  9260.
                                                                       2
Secs.  8340.0-5, 8372.0-5, 8360.0-5........................  Sec.  9260.
                                                                       6
Secs.  2801.3(g), 2920.1-2(e), 3715.8, 4170.2, 4340.1(b),               
 4770.5, 5462.3, 5511.5, 8224.2, 8340.0-7, 8351.2-1(f),                 
 8360.0-7, 8372.0-7(b), 8560.5, 9212.4, 9262.1.............  Sec.  9260.
                                                                       8
Secs.  2880.0-7, 3715.0-1(b), 8340.0-8.....................  Sec.  9260.
                                                                       7
None.......................................................  Sec.  9261.
                                                                       1
None.......................................................  Sec.  9261.
                                                                       2
None.......................................................  Sec.  9261.
                                                                       3
None.......................................................  Sec.  9261.
                                                                       4
Secs.  3715.6(f), 3715.8-1, 4140.1(b)(4), 4140.1(b)(7),                 
 4140.1(b)(8), 5462.2(b)(9), 5511.4(b)(1), 8365.1-4,8365.1-             
 5.........................................................  Sec.  9262.
                                                                       1
Sec.  8365.1-4(b)..........................................  Sec.  9262.
                                                                       2
Sec.  8365.1-4(b)..........................................  Sec.  9262.
                                                                       3
Sec.  8365.1-1.............................................  Sec.  9262.
                                                                       4
Sec.  8365.1-2.............................................  Sec.  9262.
                                                                       5
None.......................................................  Sec.  9262.
                                                                       6
Sec.  8365.1-4.............................................  Sec.  9262.
                                                                       7
Sec.  9212.1...............................................  Sec.  9262.
                                                                       8
Secs.  8341.1, 8365.1-3, 8365.2-4..........................  Sec.  9263.
                                                                       1
Sec.  8343.3...............................................  Sec.  9263.
                                                                       2
Secs.  2920.1-2, 3715.6(e), 4140.1(b)(1), 5462.1(a)(5),                 
 5511.4(b)(3), 8372.0-7....................................  Sec.  9264.
                                                                      20
Secs.  2801.3..............................................  Sec.  9264.
                                                                      30
Secs.  2920.1-2, 3715.6, 8365.1-2..........................  Sec.  9264.
                                                                      50
Sec.  8372.0-7.............................................  Sec.  9264.
                                                                      60
Sec.  3715.6...............................................  Sec.  9264.
                                                                      70
Sec.  4140.1(b)............................................  Sec.  9264.
                                                                      80
Secs.  5462.2, 5511.4, 9265.6..............................  Sec.  9264.
                                                                      90
Sec.  8365.1-5(b)..........................................  Sec.  9265.
                                                                       1
Sec.  8365.1-5(c)..........................................  Sec.  9264.
                                                                       1
Sec.  4770.1...............................................  Sec.  9265.
                                                                      20
None.......................................................  Sec.  9265.
                                                                      30
None.......................................................  Sec.  9265.
                                                                      31
Sec.  9268.3(e)(2)(iii)(A).................................  Sec.  9265.
                                                                      41
Sec.  9264.1(h)............................................  Sec.  9265.
                                                                      42
None.......................................................  Sec.  9265.
                                                                      43
Sec.  8365.1-5(a)(1).......................................  Sec.  9265.
                                                                      50
Secs.  4140.1(b)(3), 8365.1-5(a)(2)........................  Sec.  9265.
                                                                      60
None.......................................................  Sec.  9265.
                                                                      70
Sec.  8365.2-1.............................................  Sec.  9266.
                                                                      21
Sec.  8365.2-3.............................................  Sec.  9266.
                                                                      22
Sec.  8365.2-1(c)..........................................  Sec.  9266.
                                                                      23
Sec.  8365.2-2.............................................  Sec.  9266.
                                                                      24
Sec.  8365.2-5(a)..........................................  Sec.  9266.
                                                                      25
Sec.  8560.1-2.............................................  Sec.  9267.
                                                                       1
Sec.  8351.1-1.............................................  Sec.  9267.
                                                                      20
None.......................................................  Sec.  9267.
                                                                      40
None.......................................................  Sec.  9268.
                                                                      10
Sec.  8223.1...............................................  Sec.  9268.
                                                                      20
Sec.  8224.1...............................................  Sec.  9268.
                                                                      30
None.......................................................  Sec.  9268.
                                                                      50
None.......................................................  Sec.  9268.
                                                                      60
Secs.  8351.2-1,8364.1, 8560.1-1, 9212.2...................  Sec.  9269.
                                                                       2
Secs.  8351.2-1(a), 8364.1(a), 8560.1-1(a), 9212.2(a)......  Sec.  9269.
                                                                       3
Secs.  8364.1 (b), 9212.2(b)...............................  Sec.  9269.
                                                                       3
Secs.  8364.1(b)(6), 9212.2(b)(4)..........................  Sec.  9269.
                                                                       4
Secs.  8364.1(c)...........................................  Sec.  9269.
                                                                       5
None.......................................................  Sec.  9269.
                                                                       6
None.......................................................  Sec.  9269.
                                                                       7
None.......................................................  Sec.  9269.
                                                                       8
Secs.  8364.1(d), 9212.1(h)................................  Sec.  9269.
                                                                       9
Secs.  8351.2-1(a), 8365.1-6...............................  Sec.  9269.
                                                                      21
Secs.  8351.2-1(d), 8365.1-6(a)............................  Sec.  9269.
                                                                      22
Secs.  8365.1-6(c).........................................  Sec.  9269.
                                                                      23
None.......................................................  Sec.  9269.
                                                                      24
Secs.  8351.2-1(f), 8365.1-6...............................  Sec.  9269.
                                                                      25
------------------------------------------------------------------------

    Wherever existing rules listed specific prohibited acts, those 
prohibited acts have been relocated or referenced in the proposed rule, 
as shown in the table above, and converted to plain English. No 
substantive changes were made to these provisions. This rule specifies 
that BLM law enforcement will take action to enforce BLM regulations on 
activities occurring on BLM lands and activities on or having a clear 
potential to affect water bodies on or adjacent to BLM lands. The 
statement that BLM will regulate activities on (or having a clear 
potential to affect) water bodies on or adjacent to BLM lands is not an 
attempt to establish ownership over those waters, but an attempt to 
clarify BLM's jurisdiction for protection of resources.
    Please note that the minerals rules in Groups 3000 through 3800 of 
43 CFR, with a few exceptions, are not addressed by this rule. Although 
most of the minerals rules do not list prohibited acts, the rules are 
replete with regulatory requirements which are enforceable by law. 
Consequently, when referring to this proposed rule, do not assume that 
an activity is not criminally punishable if it is not listed among the 
prohibited acts in this rule. You are still obligated to comply with 
all requirements of BLM's regulations which govern management, use and 
protection of the public lands.
    A number of definitions have been added to section 9260.6 of the 
proposed rule, and a prohibition against hindering lawful hunting was 
added to enforce the Recreational Hunting Safety and Preservation Act 
of 1994 (16 U.S.C. 5202). This statute provides that if you hinder 
lawful hunting, you may be subject to civil penalties of not more than 
$10,000, if the violation involves the use of force or violence or the 
threatened use of force or violence, against the person or property of 
another person; and not more than $5,000 for any other violation.
    As mentioned above, the proposed rule cites Federal law where fines 
larger than those allowed by FLPMA apply. BLM would like to point out 
the inclusion of penalty provisions in the proposed rule at section 
9260.8 (i)-(j), which relates to violations of the Mineral Leasing Act, 
30 U.S.C. 181 et seq., or its implementing regulations.
    Certain violations of the Mineral Leasing Act are punishable by 
fines of no more than $500,000, or imprisonment for no more than 5 
years, or both, pursuant to 30 U.S.C. 195.
    The following sections were removed, for the reasons provided:

Part 2800

    1. Section 2800.0-5 is amended by removing paragraph (v), because 
the definition of ``willful trespass'' conflicts with the other 
trespass provisions located in proposed part 9260.

[[Page 57607]]

Part 2920

    2. Section 2920.0-5 is amended by removing paragraph (m), for the 
same reason in 1. above.
    3. Section 2920.1-2 is amended by removing paragraph (e), for the 
same reason in 1. above.
    BLM is interested in comments on the section on Wild Horses and 
Burros in the proposed rule. BLM has included the prohibitions 
regarding this program in section 9265.20 of its proposed rule without 
making substantive changes. BLM is looking for a better way to define 
when it is permissible for a person to destroy a wild horse or burro 
without BLM's authorization.
    BLM would also welcome public comments on a modification it is 
proposing in sections 9266.21 and 9266.23 of the rule. BLM's 
regulations provide that animals other than seeing-eye dogs or hearing-
ear dogs are not permitted in swimming areas, and animals brought to 
recreation sites or areas must be leashed or physically restricted at 
all times. BLM proposes to exempt service dogs from these provisions. 
To accomplish this, BLM has added a new definition of ``service 
animal'' to section 9260.6 of the proposed rule:
    Service Animal means the same as provided in the definition section 
of the regulations implementing the Americans With Disabilities Act, 28 
CFR 36. The current definition section of these regulations, 28 CFR 
36.104, defines a service animal as: Any guide dog, signal dog, or 
other animal individually trained to do work or perform tasks for the 
benefit of an individual with a disability, including, but not limited 
to, guiding individuals with impaired vision, alerting individuals with 
impaired hearing to intruders or sounds, providing minimal protection 
or rescue work, pulling a wheelchair, or fetching dropped items.
    BLM would like comments regarding any types of service dogs or 
animals that may have been omitted in this definition.

IV. Procedural Matters

National Environmental Policy Act

    BLM has prepared an environmental assessment (EA), and has found 
that the proposed rule would not constitute a major federal action 
significantly affecting the quality of the human environment under 
section 102(2)(C) of the National Environmental Policy Act of 1969, 42 
U.S.C. 4332(2)(C). BLM has placed the EA and the Finding of No 
Significant Impact (FONSI) on file in the BLM Administrative Record at 
the address specified previously. BLM invites the public to review 
these documents by contacting us at the addresses listed above (see 
ADDRESSES), and suggests that anyone wishing to submit comments in 
response to the EA and FONSI do so in accordance with the Written 
Comments section above, or contact us directly.

Paperwork Reduction Act

    This rule does not contain collections of information that require 
approval by the Office of Management and Budget under 44 U.S.C. 3501 et 
seq.

Regulatory Flexibility Act

    BLM has determined that this proposed rule would not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The 
proposed removals and revisions will reduce the overall content of the 
existing 43 CFR regulations, but will not impose any new requirements 
or burdens upon small entities.

Unfunded Mandates Reform Act

    BLM has determined that this proposed rule will not result in any 
unfunded mandate to State, local or tribal governments in the 
aggregate, or to the private sector, of $100 million or more in any one 
year.

Executive Order 12612

    The proposed rule would 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. Therefore, BLM has determined that this 
proposed rule does not have sufficient federalism implications to 
warrant preparation of a Federalism Assessment.

Executive Order 12630

    The proposed rule does not represent a government action that 
interferes with constitutionally protected property rights or would 
result in a taking of private property.

Executive Order 12866

    BLM has determined that the proposed rule is not a significant 
regulatory action under section 3(f) of Executive Order 12866. The rule 
is therefore not subject to review by the Office of Management and 
Budget under section 6(a)(3) of that order.

Executive Order 12988

    The Department of the Interior has determined that this rule meets 
the applicable standards provided in sections 3(a) and 3(b)(2) of 
Executive Order 12988.

Author

    The principle author of this proposed rule is Dennis McLane of the 
National Law Enforcement, Security, and Investigations Team, BLM, 
assisted by the Regulatory Management Group.

List of Subjects

43 CFR Part 2800

    Communications, Electric power, Highways and roads, Land Management 
Bureau, Pipelines, Public lands-rights-of-way, Reporting and 
recordkeeping requirements.

43 CFR Part 2920

    Land Management Bureau, Public lands, Reporting and recordkeeping 
requirements.

43 CFR Part 4100

    Administrative practice and procedure, Grazing lands, Land 
Management Bureau, Livestock, Penalties, Range management, Reporting 
and recordkeeping requirements.

43 CFR Part 4300

    Administrative practice and procedure, Alaska, Grazing lands, Land 
Management Bureau, Range Management, Reindeer, Reporting and 
recordkeeping requirements.

43 CFR Part 4700

    Horses, Intergovernmental relations, Land Management Bureau, 
Penalties, Public lands, Range management, Reporting and recordkeeping 
requirements, Wildlife.

43 CFR Part 5460

    Forests and forest products, Government contracts, Land Management 
Bureau, Public lands.

43 CFR Part 5510

    Forests and forest products, Land Management Bureau, Public lands.

43 CFR Part 8200

    Land Management Bureau, Public lands, Research.

43 CFR Part 8340

    Land Management Bureau, Public lands, Recreation and recreation 
areas, Traffic regulations.

43 CFR Part 8350

    Land Management Bureau, National trails system, National wild and 
scenic rivers system, Penalties, Public lands.

[[Page 57608]]

43 CFR Part 8360

    Land Management Bureau, Penalties, Public lands, Recreation and 
recreation areas.

43 CFR Part 8370

    Land Management Bureau, Penalties, Public lands, Recreation and 
recreation areas, Reporting and recordkeeping requirements, Surety 
bonds.

43 CFR Part 8560

    Land Management Bureau, Penalties, Public lands, Reporting and 
recordkeeping requirements, Wilderness areas.

43 CFR Part 9210

    Fire prevention, Land Management Bureau, Penalties, Public lands.

43 CFR Part 9260

    Continental shelf, Forests and forest products, Land Management 
Bureau, Law enforcement, Penalties, Public lands, Range management, 
Recreation and recreation areas, Wildlife.

    For the reasons stated above, and under the authority of sections 
303 and 310 of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. Secs. 1733 and 1740), chapter II, subtitle B, title 43 of the 
Code of Federal Regulations, is proposed to be amended as set forth 
below:

    Date: October 29, 1996.
Sylvia V. Baca,
Deputy Assistant Secretary of the Interior.

PART 2800--RIGHTS-OF-WAY, PRINCIPLES AND PROCEDURES

    1. The authority citation for part 2800 continues to read as 
follows:

    Authority: 43 U.S.C. 1733, 1740, 1761-1771.


Sec. 2800.0-5  [Amended]

    2. Section 2800.0-5 is amended by removing paragraph (v).
    3. Section 2800.0-5 is amended by removing the letter designations 
for the definitions, and alphabetizing the terms therein.


Sec. 2801.3  [Amended]

    4. Section 2801.3 is amended by removing paragraph (g).

PART 2920--LEASES, PERMITS AND EASEMENTS

    5. The authority citation for part 2920 continues to read as 
follows:

    Authority: 43 U.S.C. 1732, 1733 and 1740.


Sec. 2920.0-5  [Amended]

    6. Section 2920.0-5 is amended by removing paragraph (m).


Sec. 2920.1-2  [Amended]

    7. Section 2920.1-2 is amended by removing paragraph (e).
    8. Section 2920.1-2 is amended by redesignating paragraph (f) as 
paragraph (e).

PART 4100--GRAZING ADMINISTRATION--EXCLUSIVE OF ALASKA

    9. The authority citation for part 4100 continues to read as 
follows:

    Authority: 43 U.S.C. 315, 315a-315r, 1181d, 1740.

    10.-11. Section 4140.1(b) is revised to read as follows:


Sec. 4140.1  Acts prohibited on public lands.

* * * * *
    (b) Persons performing the prohibited acts related to rangelands 
under Sec. 9264.80 may be subject to civil penalties under Sec. 4170.1 
and criminal penalties under Sec. 9260.8.
* * * * *


Secs. 4170.2, 4170.2-1, 4170.2-2  [Removed]

    12.-13. Sections 4170.2, 4170.2-1, and 4170.2-2 are removed.

PART 4300--GRAZING ADMINISTRATION; ALASKA; REINDEER

    14. The authority citation for part 4300 continues to read as 
follows:

    Authority: Taylor Grazing Act of 1934, as amended (43 U.S.C. 
315, 315(a)-315(r)), section 4 of the Act of August 28, 1937 (43 
U.S.C. 1181(d)), and the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1701 et seq.).

    15. Section 4340.1 is amended by removing paragraph (b) and the 
paragraph designation ``(a)''.

PART 4700--PROTECTION, MANAGEMENT, AND CONTROL OF WILD FREE-ROAMING 
HORSES AND BURROS

    16. The authority citation for part 4700 continues to read as 
follows:

    Authority: 16 U.S.C. 1331-1340; 18 U.S.C. 47; 43 U.S.C. 315 and 
1740.

    17.-20. The heading of subpart 4770 is amended by removing 
``Prohibited Acts,''.


Secs. 4770.1, 4770.4, 4770.5  [Removed]

    21. Sections 4770.1, 4770.4, and 4770.5 are removed.


Secs. 4770.2 and 4770.3  [Redesignated as Secs. 4770.1 and 4770.2]

    22. Subpart 4770 is amended by redesignating Secs. 4770.2 and 
4770.3 as Secs. 4770.1 and 4770.2, respectively.

PART 5460--SALES ADMINISTRATION

    23. The authority citation for part 5460 continues to read as 
follows:

    Authority: 30 U.S.C. 601 et seq., 43 U.S.C. 1181e.


Secs. 5462.2 and 5462.3  [Removed]

    24.-26. Subpart 5462 is amended by removing Secs. 5462.2 and 
5462.3.

PART 5510--FREE USE OF TIMBER

    27. The authority citation for part 5510 continues to read as 
follows:

    Authority: 61 Stat. 681, as amended; 69 Stat. 367; 48 Stat. 
1269, sec. 11, 30 Stat. 414, as amended, R.S. 2478, sec. 32, 41 
Stat. 450; 30 U.S.C. 601 et seq., 43 U.S.C. 315, 48 U.S.C. 423, 43 
U.S.C. 1201, 30 U.S.C. 189.

    28.-29. Subpart 5511 is amended by removing Secs. 5511.4 and 
5511.5.

GROUP 8200--NATURAL HISTORY RESOURCE MANAGEMENT--[REMOVED]

    30. Group 8200 is removed and reserved.

PART 8340--OFF-ROAD VEHICLES

    31. The authority citation for part 8340 continues to read as 
follows:

    Authority: 43 U.S.C. 1201, 43 U.S.C. 315a, 16 U.S.C. 1531 et 
seq., 16 U.S.C. 1281c, 16 U.S.C. 670 et seq., 16 U.S.C. 4601-6a, 16 
U.S.C. 1241 et seq., and 43 U.S.C. 1701 et seq.


Sec. 8340.0-7  [Removed]

    32.-36. Section 8340.0-7 is removed.

Subpart 8341--[Amended]

    37. The heading of subpart 8341 is amended by removing the term 
``Conditions of Use'' and adding in its place ``Special Rules.''


Sec. 8341.1  [Removed]

    38. Section 8341.1 is removed.


Sec. 8341.2  [Redesignated as Sec. 8341.1]

    39. Section 8341.2 is redesignated as Sec. 8341.1.

Subpart 8343--[Removed]

    40. Subpart 8343 is removed.

Subpart 8344--[Redesignated as Subpart 8343]


Sec. 8344.1  [Redesignated as Sec. 8343.1]

    41. Subpart 8344 and Sec. 8344.1 are redesignated as subpart 8343 
and Sec. 8343.1, respectively.

PART 8350--MANAGEMENT AREAS--[REMOVED]

    42. Part 8350 is removed.

[[Page 57609]]

PART 8360--VISITOR SERVICES--[REMOVED]

    43. Part 8360 is removed.

PART 8370--USE AUTHORIZATIONS

    44. The authority citation for part 8370 continues to read as 
follows:

    Authority: 16 U.S.C. 460l-6a, 16 U.S.C. 670(g-n), 16 U.S.C. 
1271- 1287, 6 U.S.C. 1241-1249, 43 U.S.C. 1181(a), 43 U.S.C. 1201, 
43 U.S.C. 1701 et seq.
    45.-47. Section 8372.0-7 is revised to read as follows:


Sec. 8372.0-7  Civil penalties.

    Authorized as well as unauthorized users may be subject to civil 
action for unauthorized use of the public lands and their resources, or 
violations of the permit terms or stipulations, or unauthorized 
activities on or having a clear potential to affect water bodies on or 
adjacent to BLM lands.

PART 8560--WILDERNESS AREAS

    48. The authority citation for part 8560 continues to read as 
follows:

    Authority: 43 U.S.C. 1701 et seq., 16 U.S.C. 1131 et seq.


Sec. 8560.1-2  [Removed]

    49.-52. Section 8560.1-2 is removed.
    53.-54. Section 8560.5 is revised to read as follows:


Sec. 8560.5  Civil penalties.

    At the request of the Secretary of the Interior, the Attorney 
General may institute a civil action in any United States district 
court for an injunction or other appropriate order to prevent any 
person from utilizing public lands in violation of the regulations of 
this part.

PART 9210--FIRE MANAGEMENT--[REMOVED]

    55. Part 9210 is removed.

PART 9260--LAW ENFORCEMENT--CRIMINAL

    56. Part 9260 is revised to read as follows:

Subpart 9260--Law Enforcement, General

Sec.
9260.1  What is the purpose of these regulations?
9260.2  What is the Authority for these regulations?
9260.4  What are BLM law enforcement officers authorized to do?
9260.5  Do BLM law enforcement officers have special authority to 
conduct investigations concerning Federal oil and gas?
9260.6  Definitions.
9260.7  What is the scope of these regulations?
9260.8  What are the criminal penalties for violating these 
regulations?

Subpart 9261--Insignia, Badges and Identification Cards

9261.1  What does BLM's official insignia look like?
9261.2  What do the official badges of BLM law enforcement 
authorities look like?
9261.3  What do the official identification cards of BLM law 
enforcement authorities look like?
9261.4  May I use, manufacture or possess BLM insignia, badges, or 
identification cards?

Subpart 9262--Rules of Conduct on BLM Lands and Facilities

9262.1  What BLM rules must I follow when I'm on BLM lands or in BLM 
buildings or facilities?
9262.2  What are BLM's rules on using or consuming alcohol or 
controlled substances on BLM lands?
9262.3  Are there any circumstances under which I may possess a 
controlled substance on BLM lands?
9262.4  What BLM rules concerning public health and sanitation and 
hazardous materials must I follow while I'm on BLM lands?
9262.5  What BLM rules must I follow while I camp on or occupy BLM 
lands?
9262.6  May I use a bicycle or mechanical equipment on BLM lands?
9262.7  What BLM rules concerning public disturbances and dangerous 
activities must I follow while I'm on BLM lands?
9262.8  What BLM rules must I follow if I want to use fire on BLM 
lands?

Subpart 9263--Motor Vehicle Use on BLM Lands

9263.1  What rules must I follow while I operate a motor vehicle or 
use a trailer on BLM lands?
9263.2  What standards must my vehicle comply with while on BLM 
lands?

Subpart 9264--Resource Use and Development of BLM Lands for Commercial 
or Other Uses That Must Be Authorized by BLM

9264.1  For what types of activities does BLM require authorization 
for use and development of BLM lands and resources?

General Rules When Your Use Is Authorized by BLM

9264.20  What rules must I follow when BLM has authorized my use on 
BLM lands?
9264.30  Must I get BLM authorization to install oil and gas 
pipelines or facilities on BLM lands?
9264.50  May I occupy a residence on BLM lands?

Recreation Uses and Events

9264.60  What rules must I follow to participate in or sponsor 
special recreation uses or events on BLM lands?

Use and Occupancy for Development of Locatable Mineral Deposits

9264.70  What BLM rules must I follow if I want to explore for, mine 
or process locatable minerals on BLM lands?

Rangelands

9264.80  What BLM rules must I follow while I'm on public land 
rangelands?

Forest Resources

9264.90  What BLM rules concerning forest and vegetative resources 
must I follow while I'm on BLM lands?

Subpart 9265--Public Use and Collection of BLM Resources

General Rules for Public Use of BLM Resources

9265.1  What resources may I collect from BLM lands for 
noncommercial purposes?

Wild Horses and Burros

9265.20  What BLM rules must I follow when I handle BLM wild horses 
and burros?

Cave Resources

9265.30  What BLM rules concerning cave resources must I follow 
while I'm on BLM lands?
9265.31  Can I possess or sell cave resources?

Fish and Wildlife Resources

9265.41  Must I have a valid public land management area stamp to 
hunt, trap, or fish on BLM lands?
9265.42  Must I obey Federal, State, and local laws and regulations 
concerning conserving and protecting fish, wildlife, and plant 
resources while I'm on BLM lands?
9265.43  Is Alaska subsistence use of fish and wildlife resources 
regulated by BLM and other Federal land management agencies?
9265.44  Can I hinder lawful hunting on BLM lands?

Cultural and Natural Resources

9265.50  What BLM rules concerning cultural resources must I follow 
while I'm on BLM lands?
9265.60  What BLM rules concerning natural features or resources 
like plants, soil and minerals must I follow while I'm on BLM lands?

Water Resources

9265.70  What BLM rules must I follow when I use water resources 
that are on BLM lands?

Subpart 9266--Recreation Sites and Areas

General Rules of Public Conduct and Use of BLM Recreation Sites and 
Areas

9266.21  What BLM rules concerning public health and safety must I 
follow while I'm in a BLM recreation site or area?
9266.22  What BLM rules must I follow while I occupy or use BLM 
recreation sites and areas?

[[Page 57610]]

9266.23  What BLM rules must I follow if I want to bring an animal 
into a BLM recreation site or area?
9266.24  What BLM rules must I follow if I want to use audio devices 
or motorized equipment in a BLM recreation site or area?
9266.25  May I discharge or use fireworks, firearms or weapons in a 
BLM recreation site or area?

Subpart 9267--Congressionally Designated Management Areas

General Rules of Public Conduct and Use of BLM National Wilderness 
Areas

9267.1  What BLM rules must I follow while I'm in a National 
Wilderness Area?

General Rules of Public Conduct and Use of BLM National Scenic Trails 
and Areas

9267.20  May I operate a motor vehicle on a National Scenic Trail or 
area?

General Rules of Public Conduct and Use of BLM National Conservation 
Areas

9267.40  What BLM rules must I follow while I'm in the San Pedro 
Riparian National Conservation Area?
9267.43  What other BLM rules must I follow while I'm in the Snake 
River Birds of Prey National conservation Area?

Subpart 9268--Administratively Established Management Areas

General Rules of Public Conduct and Use of BLM Administratively 
Established Management Areas

9268.10  What BLM rules must I follow while I'm in an outstanding 
natural area?
9268.20  What BLM rules must I follow while I'm in a research 
natural area?
9268.30  What BLM rules must I follow while I'm in a Fossil Forest 
Research Natural Area?
9269.50  What BLM rules must I follow while I'm in a primitive area?

General Rules of Public Conduct and Use of BLM Resource Conservation 
Areas

9268.60  What BLM rules must I follow while I'm in the Empire-
Cienega Resource Conservation Area?

Subpart 9269--Local Closures, Restrictions, and Rules

Orders to Close or Restrict Use of A Described Area

9269.1  May BLM issue orders to close or restrict my use of a 
described area?
9269.2  Under what circumstances may BLM issue orders to close or 
restrict my use of a described area?
9269.3  What must BLM include in each order that closes or restricts 
use of a described area?
9269.4  Must BLM orders closing or restricting use of a described 
area be posted?
9269.5  Must an order closing or restricting use of a described area 
be published in the Federal Register before it becomes effective?
9269.6  What is the maximum duration of a closure or restriction 
order under this section?
9269.7  What must BLM do to close or restrict use of a described 
area for longer than 12 months?
9269.8  Must BLM consult with the State fish and game department for 
closures and restrictions related to hunting and fishing?
9269.9  What are the penalties for violating a closure or 
restriction order?

Supplemental and Special Rules

9269.21  What are supplemental and special rules?
9269.22  Where can I see a copy of a supplemental or special rule 
affecting a particular area?
9269.23  Must a supplemental or special rule be published in the 
Federal Register before it becomes effective?
9269.24  Must BLM consult with the State fish and game department 
for supplemental and special rules relating to hunting and fishing?
9267.25  What are the penalties for violating a supplemental or 
special rule?

    Authority: 16 U.S.C. 460 l-6a; 16 U.S.C. 470ii; 16 U.S.C. 432; 
16 U.S.C. 670h; 16 U.S.C. 712; 16 U.S.C 1246(i); 16 U.S.C. 1281; 16 
U.S.C. 1336; 16 U.S.C. 4303; 30 U.S.C. 1701 et seq.; 43 U.S.C. 315a; 
43 U.S.C. 1061-1066; 43 U.S.C. 1201; 43 U.S.C. 1733(a); 43 U.S.C. 
1740; and Executive Order 11644.

Subpart 9260--Law Enforcement, General


Sec. 9260.1  What is the purpose of these regulations?

    The regulations in this part describe the law enforcement powers 
and authorities of the Bureau of Land Management (BLM) and identify 
many of the activities which are prohibited under BLM regulations, 
especially those related to use of the surface of the public lands. 
These regulations also describe criminal penalties for committing the 
listed prohibited acts or for violating other applicable regulatory 
requirements. With a few exceptions, the regulations in this part do 
not describe the requirements related to mineral development on the 
public lands under Groups 3000 through 3800 of this title which are 
equally enforceable by law. To the extent any miner, operator, lessee 
or user of BLM lands knowingly or willfully violates regulatory 
requirements or prohibitions in Groups 3000 through 3800 with respect 
to the management, use, and protection of the public lands, that person 
is subject to the criminal penalties under section 303 of FLPMA.


Sec. 9260.2  What is the authority for these regulations?

    The primary authority for BLM's law enforcement program and for the 
regulations in this part is the Federal Land Policy and Management Act 
of 1976 (FLPMA) (43 U.S.C. 1733). BLM is also authorized, under various 
other Federal statutes, to enforce certain provisions of those 
statutes. FLPMA authorizes the Secretary of the Interior to:
    (a) Issue regulations pertaining to the management, use, and 
protection of the public lands and property located on public lands. 
Violation of a regulation issued under FLPMA is punishable as a 
criminal offense;
    (b) Authorize Federal personnel to enforce Federal laws and 
regulations relating to the public lands and their resources;
    (c) Enter into contracts with local officials with law enforcement 
authority to enforce Federal laws and regulations relating to the 
public lands or their resources when he or she determines that such 
assistance is necessary; and
    (d) Cooperate with regulatory and law enforcement officials of any 
State or political subdivision of a State in enforcing the laws or 
ordinances of the State or subdivision. This cooperation includes 
entering into agreements to provide law enforcement services on public 
lands. The agreement may also reimburse a State or its subdivision for 
expenditures incurred in providing law enforcement services.


Sec. 9260.4  What are BLM law enforcement officers authorized to do?

    BLM law enforcement officers are authorized to:
    (a) Under FLPMA (43 U.S.C. 1733(c)(1)):
    (1) Carry firearms;
    (2) Execute and serve any warrant or other process issued by a 
court or officer of competent jurisdiction;
    (3) Make arrests without warrant or process for a:
    (i) Misdemeanor he or she sees or has reasonable grounds to believe 
is being committed in his or her presence; or
    (ii) Felony, if he or she has reasonable grounds to believe that 
the person to be arrested has committed or is committing a felony;
    (4) Search without warrant or process any person, place, or vehicle 
according to any Federal law or rule of law; and
    (5) Seize without warrant or process any piece of evidence as 
provided by Federal law.
    (b) Under 43 U.S.C. 1466, take oaths, affirmations, affidavits and 
depositions with the same force and effect as if administered or taken 
before an officer having a seal.

[[Page 57611]]

Sec. 9260.5  Do BLM law enforcement officers have special authority to 
conduct investigations concerning Federal oil and gas?

    Yes. Under the Federal Oil and Gas Royalty Management Act (30 
U.S.C. 1701 et seq.), BLM law enforcement officers may conduct 
investigations relating to oil and gas removal from BLM lands and 
Indian lands. In connection with oil and gas investigations, a law 
enforcement officer has authority to:
    (a) Require any person to submit a written affidavit;
    (b) Administer oaths;
    (c) Subpoena witnesses;
    (d) Subpoena books, papers, records, and documents;
    (e) Order testimony to be taken by deposition; or
    (f) Stop and inspect any motor vehicle on BLM lands or Indian lands 
if the law enforcement officer has probable cause to believe that the 
vehicle is carrying oil from a lease site on those lands. The law 
enforcement officer may stop the vehicle to determine whether the 
driver has documentation required by law for the oil.


Sec. 9260.6  Definitions.

    As used in this part and in other provisions found in 43 CFR: 
Alcoholic beverage means beer, wine, distilled spirits, and any other 
beverage defined as such by State law.
    Archeological resource means the same as defined in part 7 of this 
Title.
    BLM lands means public lands defined in the FLPMA as any land and 
interest in land owned by the United States within the several States 
and administered by the Secretary of the Interior through the Bureau of 
Land Management, without regard to how the United States acquired 
ownership.
    Campfire means a controlled fire occurring out of doors that is no 
larger than 3 feet in diameter.
    Camping means:
    (1) Erecting a tent or shelter made of natural or synthetic 
material;
    (2) Preparing a sleeping bag or other bedding material for use; or
    (3) Parking a motor vehicle, motor home or trailer, or mooring of a 
vessel for the apparent purpose of overnight occupancy.
    Commercial filming and/or photography means the filming of a motion 
picture or television production or the making of a soundtrack, which 
involves the use of professional casts, settings or crews by any person 
other than bona fide newsreel or news television personnel; or the 
taking of still photographs for the purpose of commercial advertising.
    Commercial recreation use includes, but is not limited to, guiding, 
outfitting, sponsoring, organizing, or providing for recreational use 
of or events on BLM lands for business or financial gain. The following 
are considered commercial uses:
    (1) When any fee, charge, or other compensation which is strictly a 
sharing of, or is in excess of, actual expenses incurred for the 
purposes of the activity or use is collected by a permittee, operator, 
or his agent;
    (2) Activities conducted by profit making organizations, even if 
that part of their activity that requires a permit is not profit 
making; and
    (3) Activities conducted by nonprofit groups when they are for 
business or financial gain.
    Competitive use is any formally organized or structured use, event, 
or activity on BLM lands in which there are the elements of competition 
between two or more contestants, registration of participants, and/or a 
predetermined course or area is designated. The term also applies to 
one or more individuals contesting an established record such as speed 
or endurance of a person or animal, foot races, water craft races, 
survival exercises, war game trials or experiences or other similar 
exercises.
    Controlled substance means a drug or other substance, or immediate 
precursor, included in schedule I, II, III, IV, or V of 21 U.S.C. 812, 
or in 21 CFR 1308.11 through 1308.15. The term does not include 
distilled spirits, wine, malt beverages, or tobacco, as those terms are 
defined or used in subtitle E of the Internal Revenue Code of 1986.
    Dangerous activity means any action which could reasonably be 
construed as having an undue risk of danger or harm to yourself or 
others.
    Event means a single structured, organized, consolidated or 
scheduled meeting, gathering, or occurrence on BLM lands. An event may 
be several related activities.
    Fined in accordance with the applicable provisions of Title 18 of 
the United States Code means the maximum fine provided for the various 
classifications of offenses in Title 18 of the United States Code 
Section 3571--Alternative Fines.
    Hazard or nuisance means a condition that is dangerous to health, 
offensive to community moral standards, or an obstruction of the 
public's use and enjoyment of public lands.
    Hazardous or injurious device means a device which, when assembled 
or placed, is capable of causing bodily injury, or damage to property, 
by the action of any person making contact with such device subsequent 
to the assembly or placement. This term includes:
    (1) Guns, ammunition, or explosive devices attached to trip wires 
or other triggering mechanisms;
    (2) Sharpened stakes;
    (3) Lines or wires with or without hooks attached;
    (4) Nails placed with the sharpened ends positioned in an upright 
manner; and
    (5) Tree spiking devices including spikes, nails or other objects 
which are hammered, driven, fastened, or placed into or on any timber, 
whether or not severed from the stump.
    Highway, road or trail means a way or place that is publicly 
maintained and open to the public for vehicular travel without regard 
to which public agency has jurisdiction, operates or maintains it.
    Historical resource means any structural, architectural, 
archaeological, artifactual or other material remains of past human 
life or activities which are of historical or cultural interest. This 
term includes historic property, as that term is defined in 36 CFR part 
800. This term also includes, but is not limited to:
    (1) Historic or pre-historic objects, or any piece or portion of 
objects, made or used by humans, such as historic or pre-historic:
    (i) Pottery;
    (ii) Basketry;
    (iii) Bottles;
    (iv) Weapons;
    (v) Weapon projectiles;
    (vi) Tools; and
    (vii) Structures or portions of structures; and
    (2) The physical site, location, or context in which the objects 
like those listed in paragraph (1) of this definition are found, or 
human skeletal materials or graves which are related to or located in 
an historic property.
    Law enforcement officer means a BLM law enforcement ranger or 
criminal investigator who has been delegated law enforcement authority 
by the Director to enforce Federal laws and regulations relating to the 
public lands and their resources.
    Licensed practitioner means a physician, dentist, veterinarian, 
scientific investigator, pharmacy, hospital, or other person licensed, 
registered, or otherwise permitted, by the United States or the 
jurisdiction in which he practices or does research, to distribute, 
dispense, conduct research with respect to, administer, or use in 
teaching or chemical analysis, a controlled substance in the course of 
professional practice or research.
    Mechanical equipment means any device for transporting personnel or

[[Page 57612]]

material with wheels, tracks, or skids, or by flotation, for traveling 
over land, water, or snow, and is propelled by a nonliving power source 
contained or carried on or within the device; or a bicycle or hang-
glider.
    Motor Vehicle means any motorized vehicle capable of, or designed 
for, travel or operation on or immediately over land or water.
    Occupancy means the same as defined in 43 CFR 3715.0-5.
    Other vegetative resource means the same as defined in 43 CFR part 
5400.
    Outstanding natural area means an area of unusual natural 
characteristics where management of recreation activities is necessary 
to preserve those characteristics.
    Paleontological resources means the remains or trace(s) of a plant 
or animal which has been preserved by natural processes in the earth's 
crust or exposed on the surface. The term does not mean energy 
minerals, such as coal, oil and gas, oil shale, bitumen, lignite, 
asphaltum and tar sands, even though they are of biologic origin.
    Person means, depending on the context, individual, corporation, 
company, partnership, trust, firm, association of persons, or State or 
political sub-divisions of a State.
    Pollute or contaminate water means to discharge or place in water 
any of the following substances: dredged spoil, solid waste, 
incinerator residue, filter backwash, sewage, garbage, sewage sludge, 
munitions, chemical wastes, biological materials, radioactive 
materials, heat, wrecked or discarded equipment, rock, sand, cellar 
dirt and industrial, municipal, and agricultural waste.
    Primitive area means an area that is composed of natural, 
undeveloped lands that are essentially unaffected by civilization and 
located where the natural environment can be preserved by management of 
recreation activities and exclusion of additional roads and commercial 
developments.
    Public disturbance means any activity that interferes with the 
public's enjoyment of BLM land.
    Range improvements means the same as defined in 43 CFR part 4100.
    Recreation sites and areas means sites and areas that contain 
structures or capital improvements primarily used by the public for 
recreation purposes. Such sites or areas include:
    (1) Delineated spaces for parking, camping or boat launching;
    (2) Sanitary facilities;
    (3) Potable water systems;
    (4) Grills or fire rings;
    (5) Tables;
    (6) Visitor Centers;
    (7) Shelters; and
    (8) Display panels or controlled access.
    Research natural area means an area that is established and 
maintained for the primary purpose of research and education because 
the land has one or more of the following characteristics:
    (1) A typical representation of a common plant or animal 
association;
    (2) An unusual plant or animal association;
    (3) A threatened or endangered plant or animal species;
    (4) A typical representation of common geologic, soil, or water 
features; or
    (5) Outstanding or unusual geologic, soil, or water features.
    Scientific resource means any resource, object or area that is of 
significant interest or of such unique or unusual character as to 
warrant a need for scientific study.
    Service animal means the same as provided in the definition section 
of the regulations implementing the Americans With Disabilities Act, 28 
CFR part 36.
    Special area is a(n):
    (1) National Trail;
    (2) National Wild and Scenic River;
    (3) National Wilderness Area;
    (4) National Conservation Area;
    (5) Area of Critical Environmental Concern;
    (6) Area covered by joint agreement between the Bureau of Land 
Management and a State government as provided for in Title II of the 
Sikes Act; or
    (7) Area where BLM determines the resources require special 
management and control measures for their protection.
    Timber means the same as defined in 43 CFR part 5400.
    Wild horses and burros means the same as defined in 43 CFR part 
4700.


Sec. 9260.7  What is the scope of these regulations?

    The regulations in this part apply to, and the BLM law enforcement 
program extends to, BLM lands, lands administered by BLM, property on 
BLM lands, other resources of BLM lands, and activities on or having a 
clear potential to affect water bodies on or adjacent to BLM lands.


Sec. 9260.8  What are the criminal penalties for violating these 
regulations in this part?

------------------------------------------------------------------------
                   If                                  Then             
------------------------------------------------------------------------
(a) You do not pay any fee required      You may be brought before a    
 under 43 CFR part 8372 for a special     designated United States      
 use or event on BLM lands.               magistrate judge and fined in 
                                          accordance with the applicable
                                          provisions of Title 18 of the 
                                          United States Code pursuant to
                                          the Land and Water            
                                          Conservation Fund Act (16     
                                          U.S.C. 460l-6a).              
(b) You willfully violate any of the     You may be brought before a    
 prohibited acts listed in this part      designated United States      
 within established grazing districts     magistrate judge and fined in 
 on BLM lands.                            accordance with the applicable
                                          provisions of Title 18 of the 
                                          United States Code pursuant to
                                          the Taylor Grazing Act (43    
                                          U.S.C. 315a).                 
(c) You do not pay any fees required by  You may be brought before a    
 the Land and Water Conservation Fund     designated United States      
 Act or 36 CFR part 71 or both.           magistrate judge and fined in 
                                          accordance with the applicable
                                          provisions of Title 18 of the 
                                          United States Code pursuant to
                                          the Land and Water            
                                          Conservation Fund Act (16     
                                          U.S.C. 460l-6a).              
(d) You are hunting, trapping or         You may be brought before a    
 fishing on BLM lands and do not have     designated United States      
 in your possession a valid BLM public    magistrate judge and fined in 
 land management area stamp required by   accordance with the applicable
 BLM under Sec.  9265.41 and the State    provisions of Title 18 of the 
 fish and game agency under the Sikes     United States Code and/or     
 Act (16 U.S.C. 670(j))..                 imprisonment not to exceed 6  
                                          months pursuant to the Sikes  
                                          Act (16 U.S.C. 670(j)(1)).    
(e) You violate any prohibited act of    You may be brought before a    
 this part on BLM lands within units of   designated United States      
 the National Trails System, National     magistrate judge and fined in 
 Wild and Scenic Rivers System, or        accordance with the applicable
 within areas subject to a                provisions of Title 18 of the 
 comprehensive plan and cooperative       United States Code and/or     
 agreement with State fish and game       imprisonment not to exceed 6  
 agencies for the conservation and        months pursuant to the        
 rehabilitation of wildlife, fish, and    National Trails System Act (16
 game.                                    U.S.C. 1246(i)), the National 
                                          Wild and Scenic Rivers Act (16
                                          U.S.C. 1281(c)), or the Sikes 
                                          Act (16 U.S.C. 670(j)(2)).    

[[Page 57613]]

                                                                        
(f) You violate any other Federal law    You may be brought before a    
 or regulation related to the public      designated United States      
 lands and resources, or any other        magistrate judge and may be   
 applicable Federal law or regulation     subject to the maximum penalty
 on any BLM lands.                        authorized by the applicable  
                                          provisions of those Federal   
                                          laws or regulations.          
(g) You knowingly and willfully violate  If you are an individual, you  
 any of regulatory requirements in 43     may be brought before a       
 CFR applicable to members of the         designated United States      
 public or any of the prohibited acts     magistrate judge and fined in 
 listed in this part on any BLM land.     accordance with the applicable
                                          provisions of Title 18 of the 
                                          United States Code or         
                                          imprisonment for no more than 
                                          12 months, or both, pursuant  
                                          to FLPMA (43 U.S.C. 1733(a)). 
                                          If you are a corporation, you 
                                          may be brought before a       
                                          designated United States      
                                          magistrate judge and fined in 
                                          accordance with the applicable
                                          provisions of Title 18 of the 
                                          United States Code pursuant to
                                          FLPMA.                        
(h) You knowingly and willfully do not   You may be brought before a    
 comply with one of the requirements of   designated United States      
 this part.                               magistrate judge and fined in 
                                          accordance with the applicable
                                          provisions of Title 18 of the 
                                          United States Code or         
                                          imprisonment for no more than 
                                          12 months, or both, pursuant  
                                          to the FLPMA (43 U.S.C.       
                                          1733(a)).                     
(i) You knowingly organize or            You may be brought before a    
 participate in any scheme,               designated United States      
 arrangement, plan or agreement to        magistrate judge and fined no 
 circumvent or defeat the provisions of   more than $500,000 or         
 the Mineral Leasing Act, as amended,     imprisoned for no more than 5 
 30 U.S.C. 181 et seq., or its            years, or both, pursuant to 30
 implementing regulations.                U.S.C. 195, 101 Stat. 1330-260
                                          (1987).                       
(j) You knowingly seek to obtain or      You may be brought before a    
 obtain any money or property by means    designated United States      
 of false statements of material facts    magistrate judge and fined no 
 or failing to state material facts       more than $500,000 or         
 concerning.                              imprisoned for no more than 5 
    (1) The value of any lease or         years, or both, pursuant to 30
 portion thereof issued under the         U.S.C. 195, 101 Stat. 1330-260
 Mineral Leasing Act, as amended, 30      (1987).                       
 U.S.C. 181 et seq;.                                                    
    (2) The availability of any land                                    
 for leasing under the Mineral Leasing                                  
 Act, as amended, 30 U.S.C. 181 et seq;.                                
    (3) The ability of any person to                                    
 obtain leases under the Mineral                                        
 Leasing Act, as amended, 30 U.S.C. 181                                 
 et seq.; or.                                                           
    (4) The provisions of the Mineral                                   
 Leasing Act, as amended, 30 U.S.C. 181                                 
 et seq., and its implementing                                          
 regulations.                                                           
------------------------------------------------------------------------


BILLING CODE 4310-84-P


Subpart 9261--Insignia, Badges and Identification Cards


Sec. 9261.1  What does BLM's official insignia look like?
[GRAPHIC] [TIFF OMITTED] TP07NO96.000



[[Page 57614]]




Sec. 9261.2  What do the official badges of BLM law enforcement 
authorities look like?
[GRAPHIC] [TIFF OMITTED] TP07NO96.001

Sec. 9261.3  What do the official identification cards of BLM law 
enforcement authorities look like?
[GRAPHIC] [TIFF OMITTED] TP07NO96.002


BILLING CODE 4310-84-C


Sec. 9261.4  May I use, manufacture or possess BLM insignia, badges or 
identification cards?

    Unless BLM has authorized it, you must not:
    (a) Manufacture, sell, or possess any imitation of or any insignia, 
badge, or identification card illustrated in Secs. 9261.1 through 
92.61.3;
    (b) Make or execute any engraving, photograph, print, or impression 
of an insignia, badge, or identification card, or insignia like those 
illustrated in Secs. 9261.1 through 92.61.3; or
    (c) Possess BLM insignia, badges or identification cards. If you 
are not authorized to possess a BLM insignia, badge, or identification 
card, BLM law enforcement officers may seize it.

Subpart 9262--Rules of Conduct on BLM Lands and Facilities


Sec. 9262.1  What BLM rules must I follow when I'm on BLM lands or in 
BLM buildings or facilities?

    (a) If you are on BLM lands or in buildings or facilities 
administered by or used to administer BLM lands and resources, you must 
not:
    (1) Resist, evade, or attempt to flee, in order to avoid arrest or 
being issued a citation by a law enforcement officer performing 
official duties;
    (2) Interfere with any BLM employee or volunteer performing 
official duties;
    (3) Threaten, commit a battery upon, or assault any BLM employee or 
volunteer performing official duties or on account of performing 
official duties;
    (4) Give a false or fraudulent report of an emergency situation or 
give false information concerning a crime or violation;
    (5) Give false or fraudulent information to a law enforcement 
officer;
    (6) Provide false or fraudulent information or documents, or 
conceal a material fact relevant to use authorizations or permits;
    (7) Knowingly and willfully make payment for any product, use 
authorization, fee or service with insufficiently funded checks;
    (8) Remove, deface, destroy, transport, or convert to private use, 
property owned, operated, maintained, administered by, or in the 
custody of BLM;
    (9) Tamper with, damage or destroy any improvements, signs, 
structures, wells, pipelines or dams, administered by BLM;
    (10) Enter any building, structure or enclosed area or any portion 
of any building, structure or enclosed area owned or controlled by the 
United States not open to the public;
    (11) Use, place, or cause to be placed a hazardous or injurious 
device with disregard for the safety of another;
    (12) Create a hazard or nuisance;
    (13) Prevent or obstruct free passage or transit over or through 
the BLM lands by force, threat, intimidation, fences, signs, barriers 
or locked gates;
    (14) Damage, remove, transport, or possess property belonging to 
another person without permission;
    (15) Intimidate, endanger, assault, injure, or interfere with any 
person; or
    (16) Place a vehicle or other object where it impedes or is a 
hazard to the safety or convenience of any person. A law enforcement 
officer may remove or have removed a vehicle or other object which 
impedes or is a hazard to the safety or convenience of any person, or 
which has been left where it impairs any area of BLM lands.
    (b) You must obey the lawful order of a law enforcement officer 
performing official duties.

[[Page 57615]]

Sec. 9262.2  What are BLM's rules on possessing, using, or consuming 
alcohol or controlled substances on BLM lands?

    If you are on BLM lands, you must not:
    (a) Sell or give an alcoholic beverage to a person under 21 years 
of age, except where a lower age limit is allowed by State law;
    (b) Possess or consume an alcoholic beverage if you are under 21 
years old, unless a lower age limit is allowed by State law;
    (c) Sell alcoholic beverages without required State or local permit 
or license;
    (d) Consume alcoholic beverages in areas where BLM or State or 
Federal law prohibits it;
    (e) Cultivate, manufacture, deliver, distribute or traffic a 
controlled substance. Delivery means the actual, attempted or 
constructive transfer of a controlled substance whether or not there 
exists an agency relationship. You may distribute or deliver a 
controlled substance if you are a licensed practitioner and act 
according to law;
    (f) Possess a controlled substance, including any amount of 
marijuana over 28.5 grams; or
    (g) Possess any amount of marijuana up to and including 28.5 grams.


Sec. 9262.3  Are there any circumstances under which I may possess a 
controlled substance on BLM lands?

    Yes. You may possess a controlled substance if you are a licensed 
practitioner acting according to law, or you obtained the substance 
either directly or pursuant to:
    (a) A valid prescription or order from a licensed practitioner 
acting in the course of professional practice; or
    (b) Federal or State law.


Sec. 9262.4  What BLM rules concerning public health, sanitation, and 
hazardous materials must I follow while I'm on BLM lands?

    (a) You must not:
    (1) Litter.
    (2) Drain or dump sewage or solid waste, except in places or 
receptacles provided for that purpose. You may drain wash water unless 
BLM has prohibited it by supplementary or special rule.
    (3) Dump, leave, or dispose of any household, commercial, hazardous 
or petroleum products, or industrial trash, refuse, or waste.
    (4) Pollute or contaminate water.
    (5) Generate, store, treat, transport, dispose of, discharge, or 
otherwise handle any hazardous waste identified in 42 U.S.C. 6901 et 
seq., unless you have a valid permit issued under 42 U.S.C. 6925. 
Section 6925 sets the standards and procedures for permits for the 
treatment, storage, or disposal of hazardous waste under the Resource 
Conservation and Recovery Act (RCRA).
    (b) You must:
    (1) Report immediately to the nearest BLM office that you 
discharged or spilled hazardous material or waste, oil, flammable 
material or substance, sewage, or any other harmful substance or 
pollutant on BLM land.
    (2) Use refuse containers and disposal facilities only for purposes 
for which they are supplied.
    (3) Comply with all other requirements of RCRA.


Sec. 9262.5  What BLM rules must I follow while I camp on or occupy BLM 
lands?

    On BLM lands, unless BLM has authorized it, you must not:
    (a) Occupy or camp longer than 14 consecutive days out of every 90 
consecutive days in the same site or within a 25-mile radius of that 
site unless BLM authorizes a different time period; or
    (b) Leave personal property unattended longer than 14 days (12 
months in Alaska). Personal property left unattended longer than 14 
consecutive days (12 months in Alaska), without BLM's permission:
    (1) Will be considered abandoned;
    (2) May be removed by BLM; and
    (3) Is subject to disposition under the Federal Property and 
Administrative Services Act of 1949, as amended (40 U.S.C. 484(m)).


Sec. 9262.6  May I use a bicycle or mechanical equipment on BLM lands?

    You may use bicycles or mechanical equipment on BLM lands unless an 
area, road or trail is closed to that use. You must obey all special or 
supplemental rules and posted signs or other notices regarding 
closures.


Sec. 9262.7  What BLM rules concerning public disturbances and 
dangerous activities must I follow while I'm on BLM lands?

    On BLM lands, unless BLM has authorized it, you must not cause a 
public disturbance or create a risk to other persons by engaging in 
activities which include, but are not limited to:
    (a) Making unreasonable noise;
    (b) Discharging a firearm or any other implement capable of taking 
human life, causing injury, or damaging property:
    (1) In or within 150 yards of a residence, building, campsite, 
recreation site or occupied area;
    (2) Across or on a publicly maintained highway, road, or trail 
currently open for public motor vehicle traffic or an adjacent body of 
water; or
    (3) At glass bottles or other materials being used for targets that 
have a tendency to break into hazardous fragments with sharp edges and 
projections; or
    (c) Using or possessing firearms, fireworks, explosives, or other 
devices or materials in violation of other Federal, State, or local 
laws, regulations, and ordinances.


Sec. 9262.8  What BLM rules must I follow if I want to use fire on BLM 
lands?

    (a) Unless BLM authorized it, you must not:
    (1) Start or ignite a fire. However, BLM does allow campfires and 
the industrial flaring of gas on BLM lands if you comply with BLM 
regulations and orders and obtain any necessary authorizations.
    (2) Discharge a tracer or incendiary device.
    (3) Burn timber, trees, slash, brush, tundra or grass except in 
campfires.
    (4) Leave a fire without extinguishing it except to report that it 
has spread beyond control.
    (5) Resist or interfere with the efforts of firefighter(s) to 
extinguish a fire.
    (b) You must:
    (1) Remove all flammable material from around the campfire before 
you build, attend, maintain or use a campfire, to prevent the fire from 
spreading.
    (2) Have in your possession a valid campfire permit before you 
build, attend, maintain or use a campfire, when BLM requires a permit.
    (3) Obey the conditions of the campfire permit, when BLM requires a 
permit.
    (4) Obey State and local laws, regulations and ordinances 
concerning fire prevention restrictions, including but not limited to:
    (i) Fireworks;
    (ii) Spark arresters (A spark arrester is a device that meets the 
U.S. Department of Agriculture--Forest Service Standard 5100-1a);
    (iii) Interfering with emergency operations;
    (iv) Arson;
    (v) Campfire permits; or
    (vi) Use of flammable substances and materials.

Subpart 9263--Motor Vehicle Use on BLM Lands


Sec. 9263.1  What rules must I follow while I operate a motor vehicle 
or use a trailer on BLM lands?

    (a) While you operate a motor vehicle or use a trailer on BLM lands 
you must:
    (1) Obey State and local laws, regulations, and ordinances relating 
to the use, standards, registration, operation, and inspection of 
motorized vehicles and trailers. If State and local

[[Page 57616]]

laws, regulations, or ordinances do not exist or are less stringent 
than the regulations in this part, these regulations are the minimum 
standards and apply to you and your motor vehicle.
    (2) Obey traffic control signs and devices.
    (3) Obey posted parking restrictions.
    (4) Yield to pedestrians, bicycles, saddle horses, pack animals, or 
animal drawn vehicles.
    (5) Yield to emergency vehicles.
    (6) Stop when a law enforcement officer directs you to do so.
    (7) Obey the posted speed limit.
    (8) Obey the terms and conditions of the applicable designation 
pertaining to areas and trails under 43 CFR subpart 8342. BLM 
designates public lands as being open, limited, or closed to motor 
vehicle use.
    (b) You must not use or operate a motor vehicle or trailer on BLM 
lands:
    (1) In any location closed to motor vehicle use;
    (2) At a speed greater than is reasonable or prudent or at a speed 
which endangers the safety of other persons or property;
    (3) In a reckless, careless or negligent manner;
    (4) While under the influence of alcohol or controlled substances 
or both (The standards for establishing under the influence are those 
prescribed by State law in the State where the offense occurs);
    (5) In a manner causing, or likely to cause damage to or 
disturbance of the soil, water, wildlife, wildlife habitat, 
improvements, cultural, paleontological, or vegetative resources; or
    (6) In a manner that would block, restrict, or otherwise interfere 
with the lawful use of a road, trail, gate, or other area of access.


Sec. 9263.2  What standards must my vehicle comply with while on BLM 
lands?

    Your vehicle must be equipped with:
    (a) Lighted headlights and taillights during night hours, which 
means the hours from a half-hour after sunset to a half-hour before 
sunrise. If you are driving a motor vehicle on BLM lands during night 
hours, your vehicle must comply with the following:
    (1) Headlights must be powerful enough to illuminate an object at 
300 feet at night under normal atmospheric conditions;
    (2) Two- or three-wheeled vehicles, single tracked vehicles, and 
other vehicles commonly referred to as all-terrain vehicles must have 
at least one headlight;
    (3) Vehicles with four or more wheels or more than a single track 
must have at least two headlights;
    (4) Double tracked snow machines with a maximum capacity of two 
people must have at least one headlight; and
    (5) Taillights must be red and capable of being seen at a distance 
of 500 feet from the rear at night under normal atmospheric conditions. 
Vehicles must have at least the same number of taillights as 
headlights;
    (b) Brakes in good working condition;
    (c) A functional muffler or be equipped with a muffler cutout, 
bypass, or similar device. Your vehicle must not produce excessive 
noise; and
    (d) Seat belts for each front seat passenger that conform to United 
States Department of Transportation standards. Each front seat 
passenger must be restrained by a seat belt while your vehicle is in 
motion. Children must be restrained in car seat safety devices or seat 
belts, according to provisions of State law.

Subpart 9264--Resource Use and Development of BLM Lands for 
Commercial or Other Uses That Must Be Authorized by BLM


Sec. 9264.1  For what types of activities does BLM require 
authorization for use and development of BLM lands and resources?

    If you want to use, occupy or develop BLM lands for commercial 
purposes or other purposes that involve altering the natural terrain or 
removal of resources, you may need to obtain a use authorization, 
lease, permit or other authorization from BLM. Please consult the 
specific subpart(s) in 43 CFR which govern the activity in which you 
would like to engage. The following listing, though not intended to be 
a complete listing, describes many of the activities and uses in which 
you must not be engaged without obtaining the necessary authorization 
from BLM:
    (a) Use of a right-of-way;
    (b) Use, development or processing of BLM resources, including but 
not limited to, oil and gas, coal, hardrock minerals, mineral 
materials, and timber;
    (c) Temporary uses of land;
    (d) Use of easements;
    (e) Special recreation uses;
    (f) Exploration, mining, milling, or beneficiation;
    (g) Commercial filming and/or photography;
    (h) Selling materials;
    (i) Free use of resources;
    (j) Livestock grazing;
    (k) Road building and/or use of other means of access or 
transportation;
    (l) Installing utilities;
    (m) Developing communication and/or navigation sites;
    (n) Cultivating crops;
    (o) Developing trash dumps;
    (p) Construction of any kind;
    (q) Developing canals and ditches;
    (r) Putting up billboards or no trespassing signs;
    (s) Putting up gates or fences;
    (t) Selling objects to the public;
    (u) Manufacturing;
    (v) Generation of electricity; or
    (w) Fluid minerals injection or storage.

General Rules When Your Use is Authorized by BLM


Sec. 9264.20  What rules must I follow when BLM has authorized my use 
on BLM lands?

    When you have been authorized to use, occupy, or develop BLM lands 
or resources, you must:
    (a) Comply with the terms, stipulations or conditions set out in 
the use authorization;
    (b) Not continue to use, occupy, or develop BLM lands or resources 
after the use authorization expires or is revoked, suspended, 
terminated or canceled or for purposes other than those for which BLM 
approves or authorizes it;
    (c) Comply with any BLM notice or order;
    (d) Comply with requirements for restoration, revegetation or 
curtailment of erosion of the land surface, or any other reclamation 
measure BLM determines necessary; and
    (e) Comply with all other applicable rules and regulations.


Sec. 9264.30  Must I get BLM authorization to install oil and gas 
pipelines or facilities on BLM lands?

    Yes. On BLM lands which are outside of the boundaries of an oil and 
gas leasehold and of any tracts committed to an approved agreement 
under 43 CFR subpart 3130, you must not install oil or gas pipelines or 
facilities without a right-of-way, temporary use permit, or other 
authorization required by 43 CFR part 2800. On BLM lands which are 
within the boundaries of an oil and gas leasehold or any tracts 
committed to an approved agreement under 43 CFR subpart 3130, you must 
not install oil or gas pipelines or facilities without complying with 
the oil and gas lease terms or the terms of the agreement and with an 
approved plan of operations.


Sec. 9264.50  May I occupy a residence on BLM lands?

    (a) Yes, but only if BLM issued you a lease, permit or other 
authorization under 43 CFR part 2900 or 43 CFR subpart 3715. You must 
have a use authorization to place, construct, maintain, or use any of 
the following on BLM lands:
    (1) Cabins;

[[Page 57617]]

    (2) Buildings;
    (3) Trailers;
    (4) Motor homes;
    (5) Tents; or
    (6) Other structures, vehicles or equipment used for residential 
occupancy or other purposes.
    (b) You must not occupy BLM lands beyond the time limits provided 
in Sec. 9262.5(a).

Recreation Uses or Events


Sec. 9264.60  What rules must I follow to participate in or sponsor 
special recreation uses or events on BLM lands?

    (a) You must:
    (1) Have a proper BLM permit required by 43 CFR subpart 8372 to 
conduct a commercial use, a competitive event, an event involving 50 or 
more vehicles, or any use or event in a special area.
    (2) Pay any fee required under 43 CFR subpart 8372;
    (3) Post a copy of any permit where all the participants can read 
it;
    (4) Show a copy of the special recreation permit to a BLM employee 
or a participant, if he or she requests to see it; and
    (5) Comply with all other applicable rules and regulations.
    (b) You must not knowingly and willfully participate in an event or 
use subject to the permit requirements of 43 CFR subpart 8372 if BLM 
has not issued a permit for that event or use.

Use and Occupancy for Development of Locatable Mineral Deposits


Sec. 9264.70  What BLM rules must I follow if I want to explore for, 
mine or process locatable minerals on BLM lands?

    (a) Unless BLM has authorized it, you must not:
    (1) Place, construct, maintain, or use residences or structures for 
occupancy, including but not limited to: cabins, buildings, trailers, 
motor homes, tents, or other structures and vehicles or other equipment 
used for occupancy not meeting:
    (i) The conditions of occupancy under 43 CFR 3715.2 or 3715.2-1; or
    (ii) Any of the standards of occupancy under 43 CFR 3715.5;
    (2) Occupy the land before BLM approves a plan of operation or its 
modification as required by 43 CFR subparts 3802 or 3809;
    (3) For activities that do not require a plan of operations under 
43 CFR subpart 3802 or that are defined as casual use or notice 
activities under 43 CFR subpart 3809, occupy the land before consulting 
with BLM as required by 43 CFR 3715.3;
    (4) Occupy the land after BLM has made a determination of non-
concurrence because the proposed occupancy or fencing does not conform 
to 43 CFR 3715.2, 3715.2-1 or 3715.5;
    (5) Prevent or obstruct free passage or transit over or through the 
public lands by force, threat, or intimidation. Reasonable security and 
safety measures in accordance with 43 CFR subpart 3715 are allowed;
    (6) Place, construct, or maintain enclosures, gates or fences, or 
signs intended to exclude the general public without BLM's concurrence;
    (7) Cause a fire or safety hazard, or create a public nuisance;
    (8) Conduct activities that do not involve prospecting, mining, or 
processing operations or uses reasonably incident thereto, including, 
but not limited to:
    (i) Non-mining related habitation;
    (ii) Cultivation;
    (iii) Animal maintenance or pasturage, and development of small 
trade or manufacturing concerns;
    (iv) Storage, treatment, processing, or disposal of non-mineral, 
hazardous or toxic materials or waste that are generated elsewhere and 
brought onto BLM lands; or
    (v) Recycling or reprocessing of manufactured material such as 
scrap electronic parts, appliances, photographic film, and chemicals;
    (vi) Searching for buried treasure, treasure trove or 
archaeological specimens; or
    (9) Operate hobby and/or curio shops, cafes, tourist stands, or 
hunting and fishing camps.
    (b) You must:
    (1) Comply with any BLM order issued under 43 CFR subpart 3715 
within the time frames the order provides;
    (2) Comply with the notification, application, and other 
requirements under 43 CFR 3715.4 relating to an existing use or 
occupancy; and
    (3) Comply with all other applicable rules and regulations.
    (c) If a miner or user of BLM lands knowingly and willfully violate 
the requirements of part 3715 of this title, that person may be subject 
to arrest and/or trial as provided in that part.

Rangelands


Sec. 9264.80  What BLM rules must I follow while I'm on public land 
rangelands?

    (a) On all public lands, you must not:
    (1) Allow livestock or other privately owned or controlled animals 
to graze on or be driven across BLM lands unless you have a lease or 
permit and an annual grazing authorization. If you have a grazing bill 
which has not been paid to BLM, you do not have grazing authorization;
    (2) Graze or drive more livestock than the number authorized;
    (3) Graze or drive livestock in an area or at a time different from 
that authorized;
    (4) Install, use, maintain, modify, and/or remove range 
improvements without BLM authorization;
    (5) Cut, burn, spray, destroy, or remove vegetation without BLM 
authorization;
    (6) Damage or remove U.S. property without BLM authorization;
    (7) Molest, harass, injure, poison, or kill livestock authorized to 
graze on these lands or remove authorized livestock without the owner's 
consent; or
    (8) Knowingly and willfully make a false statement or 
representation in base property certifications, grazing applications, 
range improvement permit applications, cooperative agreements, actual 
use reports and/or amendments thereto.
    (b) On all public lands you must:
    (1) Comply with the terms and conditions of your permit, lease, or 
other grazing use authorization;
    (2) Comply with the requirement under 43 CFR 4130.5(c) having to do 
with counting and tagging livestock;
    (3) Re-close any gate or other entry during periods of livestock 
use; and
    (4) Comply with all other applicable rules and regulations.

Forest Resources


Sec. 9264.90  What BLM rules concerning forest and vegetative resources 
must I follow while I'm on BLM lands?

    (a) On BLM lands, you must not:
    (1) Cut, remove, or otherwise damage any timber, tree, or other 
vegetative resource, unless BLM has authorized you to do so by a timber 
sales contract, sales permit, free use permit, Federal law or 
regulation, or as allowed under other applicable regulations in this 
title;
    (2) Cut any standing tree, under sale permit or timber sale 
contract, before a BLM employee has marked it or has otherwise 
designated it for cutting;
    (3) Remove any timber or other vegetative resource cut under sale 
permit or timber sale contract, except to a place designated for 
scaling or measurement. Once you move the timber or vegetative resource 
to the place designated for scaling or measurement, you must not remove 
it from that place before it is scaled, measured, counted, or otherwise 
accounted for by a BLM employee;
    (4) Stamp, mark with paint, tag, or otherwise identify any tree or 
other vegetative resources in a manner similar to that BLM employees 
use to mark or designate a tree or other vegetative

[[Page 57618]]

resources for cutting, removal, or transportation;
    (5) Transport timber or other vegetative resources without a valid 
haul ticket except as authorized by Federal law or regulation;
    (6) Negligently or intentionally destroy or injure any timber or 
other vegetative resource during operations under a forest product sale 
contract, sale permit, or free use permit;
    (7) Use timber obtained under a free use permit for any purpose 
other than for firewood, fencing, building, or other agricultural, 
mining, manufacturing, and domestic purposes as provided for in 43 CFR 
subpart 5511;
    (8) Export timber cut under a free use permit from the State in 
which it was cut, except as provided in 43 CFR 5511.1-1(e); or
    (9) Cut timber under a free use permit for sale, barter, 
speculation, or use by others than the permittee.
    (b) You must:
    (1) Have in your possession any permit or forest sale contract BLM 
may require if you are a purchaser or a purchaser's agent harvesting or 
removing forest products (If a BLM employee or any official of a 
cooperating law enforcement agency acting as a sale inspector, 
administrator, contracting officer, or law enforcement officer asks to 
see your permit or sale contract, you must show it to him or her);
    (2) Obey State and local laws and ordinances relating to local 
permits, tagging, and transportation of timber and other vegetative 
resources;
    (3) Obey BLM's regulations on export and substitution in 43 CFR 
subpart 5400; and
    (4) Comply with all other applicable rules and regulations.

Subpart 9265--Public Use and Collection of BLM Resources

General Rules for Public Use of BLM Resources


Sec. 9265.1  What resources may I collect from BLM lands for 
noncommercial purposes?

    Except on recreation sites and areas, or where otherwise prohibited 
and posted, you may collect from BLM lands reasonable amounts of the 
following for noncommercial purposes:
    (a) Commonly available renewable resources such as non-threatened 
or non- endangered species of flowers, berries, nuts, seeds, cones and 
leaves;
    (b) Nonrenewable resources such as rocks, mineral specimens, common 
invertebrate fossils and semiprecious gemstones;
    (c) Water resources for personal consumption;
    (d) Petrified wood as provided under 43 CFR subpart 3622;
    (e) Mineral materials as provided under 43 CFR subpart 3621;
    (f) Coal as provided under 43 CFR part 3440; and
    (g) Dead and down forest products for use in campfires on BLM 
lands. If you want to collect other forest products, you must comply 
with 43 CFR subpart 5500.

Wild Horses and Burros


Sec. 9265.20  What BLM rules must I follow when I handle BLM wild 
horses and burros?

    (a) You must not:
    (1) Maliciously or negligently injure or harass a wild horse or 
burro;
    (2) Remove or attempt to remove a wild horse or burro from BLM 
lands without BLM's authorization;
    (3) Destroy a wild horse or burro without BLM's authorization 
except as an act of mercy;
    (4) Sell or attempt to sell, directly or indirectly, a wild horse 
or burro or its remains;
    (5) Commercially exploit a wild horse or burro as defined at 43 CFR 
part 4700;
    (6) Brand a wild horse or burro;
    (7) Remove or alter a freeze mark on a wild horse or burro; or
    (8) Accept a horse or burro bearing a BLM freeze mark for slaughter 
or destruction which is not accompanied by a certificate that title to 
the animal has been transferred out of BLM.
    (b) You must:
    (1) Treat wild horses and burros humanely in accordance with 43 CFR 
part 4700;
    (2) Comply with BLM orders, terms, and conditions established under 
43 CFR subpart 4770;
    (3) Comply with terms and conditions of the Private Maintenance and 
Care Agreement; and
    (4) Keep for one year the certificate of title to a horse or burro 
bearing a BLM freeze mark after you have accepted the animal for 
slaughter or destruction.

Cave Resources


Sec. 9265.30  What BLM rules concerning cave resources must I follow 
while I'm on BLM lands?

    Unless BLM has authorized it, you must not:
    (a) Destroy, disturb, deface, mar, alter, remove, or harm a 
significant cave which is described at 43 CFR part 37;
    (b) Alter the free movement of any animal or plant life into or out 
of a significant cave;
    (c) Enter a significant cave with the intention of committing any 
act described in paragraphs (a) or (b) of this section; or
    (d) Counsel, procure, solicit, or employ any other person to 
violate any provision of this section.


Sec. 9265.31  Can I possess or sell cave resources?

    No. Unless BLM has authorized it, you must not possess, consume, 
sell, barter, or exchange, or offer for sale, barter or exchange, any 
cave resource, as defined in 43 CFR part 37, from a significant cave 
with knowledge or reason to know that the resource was removed from a 
significant cave.

Fish and Wildlife Resources


Sec. 9265.41  Must I have a valid public land management area stamp to 
hunt, trap, or fish on BLM lands?

    Yes. If you want to hunt, trap, or fish on BLM lands, you must have 
in your possession a valid public land management area stamp when BLM 
and the State fish and game agency require it pursuant to a 
conservation and rehabilitation program implemented under the Sikes Act 
(16 U.S.C. 670(j)).


Sec. 9265.42  Must I obey Federal, State, and local laws and 
regulations concerning conserving and protecting fish, wildlife, and 
plant resources while I'm on BLM lands?

    Yes. On BLM lands you must obey Federal, State, or local laws, 
regulations, or ordinances concerning conservation or protection of 
fish, wildlife or plant resources including, but not limited to those 
concerning:
    (a) Hunting, trapping, fishing, catching, molesting, killing, 
possessing, transporting, buying, selling, or bartering any kind of 
wild animal or its parts;
    (b) Taking the eggs of any bird or fish that came from BLM lands; 
or
    (c) Taking or interfering with a threatened or endangered species.


Sec. 9265.43  Is Alaska subsistence use of fish and wildlife resources 
regulated by BLM and other Federal land management agencies?

    Yes. The Alaska National Interest Lands Conservation Act (16 U.S.C. 
3101 et seq.) requires Federal land management agencies in Alaska to 
provide a management and regulatory program for the subsistence use of 
fish and wildlife resources when such a program has not been provided 
for by the State of Alaska. On BLM lands in Alaska, you must not 
violate any of the subsistence management provisions of 50 CFR part 
100.


Sec. 9265.44  Can I hinder lawful hunting on BLM lands?

    No. On BLM lands, you must not engage in any physical conduct that

[[Page 57619]]

significantly hinders lawful hunting. The Recreational Hunting Safety 
and Preservation Act of 1994 (16 U.S.C. 5202) provides that if you 
violate this regulation you may be subject to civil penalties of not 
more than $10,000, if the violation involved the use of force or 
violence or the threatened use of force or violence, against the person 
or property of another person; and not more than $5,000 for any other 
violation.

Cultural and Natural Resources


Sec. 9265.50  What BLM rules concerning cultural resources must I 
follow while I'm on BLM lands?

    On BLM lands, unless BLM has authorized it, or as allowed in 
Sec. 9265.1-1, you must not deface, disturb, remove or destroy any 
scientific, archaeological, or historic resource.


Sec. 9265.60  What BLM rules concerning natural features or resources 
like plants, soil and minerals must I follow while I'm on BLM lands?

    Unless BLM has authorized it, you must not:
    (a) Deface, remove or destroy natural features or resources 
including plants or their parts, soil, rocks or minerals; or
    (b) Use explosive, motorized or mechanical devices, except metal 
detectors, to help you collect resources under Sec. 9265.1.

Water Resources


Sec. 9265.70  What BLM rules must I follow when I use water resources 
that are on BLM lands?

    Unless BLM has authorized it or as allowed under Sec. 9265.1, you 
must not:
    (a) Divert, transport, or remove any water resource owned by or 
reserved to the United States and administered by BLM; or
    (b) Develop, construct or maintain any improvements, structures, 
wells, pipelines or dams with the intent of diverting, transporting, or 
removing any water resources owned by or reserved to the United States 
and administered by BLM.

Subpart 9266--Recreation Sites and Areas

General Rules of Public Conduct and Use of BLM Recreation Sites and 
Areas


Sec. 9266.21  What BLM rules concerning public health and safety must I 
follow while I'm in a BLM recreation site or area?

    Unless BLM has authorized it, you must not:
    (a) Clean fish, game, other food, clothing or household articles at 
any outdoor hydrant, pump, faucet or fountain, or restroom water 
faucet;
    (b) Deposit human waste except in toilet or sewage facilities 
provided for that purpose; or
    (c) Bring an animal, except a Service Animal, to a swimming area.


Sec. 9266.22  What BLM rules must I follow while I occupy or use BLM 
recreation sites and areas?

    (a) Unless BLM has authorized it, you must not:
    (1) Pitch a tent, park a trailer, erect a shelter or place camping 
equipment in an area other than where designated;
    (2) Leave personal property unattended longer than 24 hours in an 
area posted for day use or 72 hours in other areas. Personal property 
left unattended beyond the time limit:
    (i) Will be considered abandoned;
    (ii) May be removed by BLM; and
    (iii) Is subject to disposition under the Federal Property and 
Administrative Services Act of 1949, as amended (40 U.S.C. 484(m));
    (3) Build a fire except in a stove, grill, fireplace or ring where 
BLM provides one;
    (4) Enter or use a site or a portion of a site when posted closed 
to public use;
    (5) Occupy a site with more persons or vehicles than the posted 
limit;
    (6) Move any BLM table, stove, barrier, litter receptacle or other 
campground equipment; or
    (7) Camp in a site or area posted for day use only.
    (b) You must:
    (1) Pay any fees imposed under the Land and Water Conservation Fund 
Act (16 U.S.C. 460 l-6a),as amended, and 36 CFR part 71, or both;
    (2) Have BLM permission to reserve any portion of a site or area 
for another person or party; and
    (3) Comply with conditions established and posted by BLM.


Sec. 9266.23  What BLM rules must I follow if I want to bring an animal 
into a BLM recreation site or area?

    Unless the animal is a Service Animal performing a service function 
for a person with a disability, the animal must either be:
    (a) On a leash not longer than 6 feet and secured to a fixed object 
or under control of a person; or
    (b) Otherwise physically restricted at all times.


Sec. 9266.24  What BLM rules must I follow if I want to use audio 
devices or motorized equipment in a BLM recreation site or area?

    You must not operate or use any audio device or motorized equipment 
at times and in a manner that makes noise that unreasonably disturbs 
others. Audio devices include radios, televisions, musical instruments, 
public address systems or other noise producing devices. Motorized 
equipment includes, but is not limited to, motor vehicles, vehicle 
engines, model airplanes and cars, and generators.


Sec. 9266.25  May I discharge or use fireworks, firearms or weapons in 
a BLM recreation site or area?

    No. You must not discharge or use fireworks, firearms, or weapons 
in a BLM recreation site or area or over or from water bodies on or 
adjacent to BLM lands.

Subpart 9267--Congressionally Designated Management Areas

General Rules of Public Conduct and Use of BLM National Wilderness 
Areas


Sec. 9267.1  What BLM rules must I follow while I'm in a National 
Wilderness Area?

    Certain activities in wilderness areas may be allowed as provided 
in the Wilderness Act or subsequent legislation establishing a 
particular wilderness area, or as specifically provided for in 43 CFR 
subpart 8560. Unless your activities are authorized by specific 
legislation or by BLM, on BLM lands in wilderness areas, you must not:
    (a) Conduct commercial enterprises;
    (b) Build, construct or maintain any:
    (1) Temporary or permanent roads;
    (2) Aircraft landing strips;
    (3) Heliports, or helispots; or
    (4) Structures or installations, including motels, summer homes, 
stores, resorts, organization camps, hunting and fishing lodges, 
electronic installations, or similar structures and uses;
    (c) Use any motorized equipment, motor vehicles, bicycles, 
motorboats or other forms of mechanical transport;
    (d) Land any aircraft, or drop or pick up any material, supplies, 
or person by means of aircraft, including a helicopter, hang-glider, 
hot air balloon, parasail, or parachute;
    (e) Deface, disturb, remove or destroy plants or their parts, soil, 
rocks or minerals except down and dead forest products where allowed 
for use in campfires;
    (f) Enter into or use wilderness areas without a wilderness permit, 
when BLM requires it;
    (g) Conduct or participate in any competitive use; or
    (h) Physically alter or deface a natural rock surface for any 
purpose. If you are mountain or rock climbing or are exploring caves, 
you must not:
    (1) Use any type of drill or permanent fixed anchor, including 
expansion bolts;
    (2) Construct or place permanent artificial hand or foot holds; or

[[Page 57620]]

    (3) Use glue, epoxies, or other fixatives on a natural surface to 
facilitate climbing.

General Rules of Public Conduct and Use of BLM National Scenic 
Trails and Areas


Sec. 9267.20  May I operate a motor vehicle on a National Scenic Trail 
or area?

    You may operate a motor vehicle:
    (a) If you are a member of a Federal, State or local agency and you 
must use a motor vehicle to meet emergencies involving health, safety, 
fire suppression, or law enforcement;
    (b) If you are an adjacent landowner or land user and BLM 
determines that you require reasonable access to your lands, interests 
in lands, or timber rights; or
    (c) On roads that are designated segments of the National Scenic 
Trail System posted as open to motorized vehicles.

General Rules of Public Conduct and Use of BLM National 
Conservation Areas


Sec. 9267.40  What BLM rules must I follow when I'm in the San Pedro 
Riparian National Conservation Area?

    On BLM lands in the San Pedro Riparian National Conservation Area, 
unless BLM has authorized it, you must not:
    (a) Use or operate any unlicensed motor vehicle;
    (b) Place or set any wildlife traps, except for health and safety 
or administrative purposes as determined by BLM;
    (c) Discharge a firearm for the purposes of target shooting and 
plinking or both;
    (d) Discharge a firearm in, or fire into, the area between 
Charleston Road and Highway 92;
    (e) Camp or occupy lands in the conservation area longer than 7 
days within any period of 21 consecutive days;
    (f) Camp in areas outside developed campgrounds without a BLM 
permit;
    (g) Build or maintain a campfire outside an area designated for 
that purpose;
    (h) Camp overnight in a Research Natural Area;
    (i) Tether or corral horse(s) in campgrounds or picnic areas where 
facilities for horses have not been provided; or
    (j) Use a metal detector.


Sec. 9267.43  What other BLM rules must I follow when I'm in the Snake 
River Birds of Prey National conservation Area?

    You must not:
    (a) Discharge a firearm during a period of time from March 1 to 
August 31, inclusive. You may discharge a firearm for the purposes of a 
lawful hunt during an established hunting season. The State of Idaho 
Department of Fish and Game establishes the hunting season; or
    (b) Enter the Idaho National Guard Military Area. Idaho Military 
Division (IMD) personnel, National Guard units operating under IMD 
authorization, BLM personnel, and livestock operators authorized by BLM 
are exempt from this prohibition.

Subpart 9268--Administratively Established Management Areas

General Rules of Public Conduct and Use of BLM Administratively 
Established Management Areas


Sec. 9268.10  What BLM rules must I follow while I'm in an outstanding 
natural area?

    On BLM lands in outstanding natural areas, you must not use, 
occupy, construct, or maintain authorized facilities in a manner that 
unnecessarily detracts from the quality of the outstanding natural 
features of the area.


Sec. 9268.20  What BLM rules must I follow while I'm in a research 
natural area?

    Unless BLM has authorized it, you must not use, occupy, construct, 
or maintain facilities in a manner that is destructive or inconsistent 
with the purpose of the research natural area.


Sec. 9268.30  What BLM rules must I follow while I'm in a Fossil Forest 
Research Natural Area?

    On BLM lands in the Fossil Forest Research Natural Areas, unless 
BLM has authorized it, you must not:
    (a) Collect, excavate, or remove petrified wood either for free use 
as permitted under 43 CFR 3622.3 of this title or for commercial sale 
as permitted under 43 CFR 3610.1;
    (b) Operate motorized vehicles; or
    (c) Collect, excavate, remove, destroy, deface, damage, vandalize, 
or otherwise alter any paleontological resources.


Sec. 9268.50  What BLM rules must I follow while I'm in a primitive 
area?

    On BLM lands in primitive areas, unless BLM has authorized it, you 
must not:
    (a) Operate a motorized vehicle or land an aircraft except for 
essential search and rescue, fire control, or other emergency or 
administrative operations;
    (b) Construct facilities in or on a primitive area except in 
connection with authorized nonrecreation uses and as necessary for the 
protection and administration of the area; or
    (c) Conduct nonrecreational authorized activities except under 
conditions specified by BLM to preserve the primitive characteristics 
of the area.

General Rules of Public Conduct and Use of BLM Resource 
Conservation Areas


Sec. 9268.60  What BLM rules must I follow while I'm in the Empire-
Cienega Resource Conservation Area?

    On BLM lands in the Empire-Cienega Resource Conservation Area, 
unless BLM has authorized it, you must not:
    (a) Build or maintain a campfire during high or extreme fire danger 
periods (Local BLM fire management personnel determine high or extreme 
fire danger periods. Members of the public may obtain this information 
from local BLM offices or by notices and signs placed at the affected 
public land areas); or
    (b) Camp or occupy longer than 14 days within 6 consecutive months.

Subpart 9269--Local Closures, Restrictions, and Rules

Orders to Close or Restrict Use of a Described Area


Sec. 9269.1  May BLM issue orders to close or restrict my use of a 
described area?

    Yes. Subject to the continuing operation of the public land laws 
and the mining law and the rights created under them, BLM may issue 
orders to close or restrict your use of a described area over which BLM 
has jurisdiction for a reasonable time period.


Sec. 9269.2  Under what circumstances may BLM issue orders to close or 
restrict my use of a described area?

    In order to protect the public and assure the proper use, 
conservation and protection of resources, BLM may issue closure orders 
which restrict public use and travel within described areas of BLM 
lands for a reasonable time period in order to do one or more of the 
following:
    (a) Prevent or control fires or other unsafe conditions;
    (b) Prevent or control disease;
    (c) Prevent interference or delay of authorized mineral 
development, timber and livestock operations, or other authorized use 
of the lands;
    (d) Protect property, roads, or trails and prevent excessive 
erosion;
    (e) Protect threatened, endangered, rare, unique, or vanishing 
species of plants, animals, birds or fish, or special biological 
communities and prevent unnecessary destruction of all other plant life 
and wildlife habitat;
    (f) Protect the natural environment and resources and objects or 
places of historical and cultural value or

[[Page 57621]]

archeological, geological or paleontological interest;
    (g) Protect scientific studies, resources, experiments or 
investigations and preserve scientific values;
    (h) Protect public safety;
    (i) Protect public health; or
    (j) Establish reasonable rules of public conduct for a described 
area, including, but not limited to:
    (1) Overnight camping restrictions;
    (2) Restrictions on number of camping occupants per site;
    (3) Motorized vehicle operation and parking restrictions;
    (4) Camping and occupancy stay limits;
    (5) Restrictions on shooting or discharging firearms;
    (6) Use permit requirements;
    (7) Collecting and gathering plant, animal, or mineral resources;
    (8) Building, maintaining, attending or using a fire; or
    (9) Restrictions that are complimentary to existing State and local 
laws and regulations concerning use of BLM lands and resources.


Sec. 9269.3  What must BLM include in each order that closes or 
restricts use of a described area?

    Each order BLM issues must:
    (a) Describe the area, lands, roads, trails or waterways that are 
closed or restricted;
    (b) Specify the uses that are restricted;
    (c) Specify the times of day or other reasonable period of time 
during which the area is closed and/or uses are restricted, including a 
date certain upon which the closure will end--if a closure is 
reasonably necessary for a longer time period, BLM will issue an order 
to extend the closure;
    (d) Identify those persons who may, depending on the circumstances 
warranting the closure or restriction, be exempt from the closure or 
restriction, including one or more of the following:
    (1) Persons with a permit specifically authorizing access to or use 
in the otherwise closed or restricted area;
    (2) Owners or lessees of land in the area;
    (3) Residents in the area;
    (4) Any Federal, State, or local officer, or member of an organized 
rescue or fire fighting force in the performance of an official duty;
    (5) Persons engaged in a business, trade, or occupation in the 
area;
    (6) Any other person meeting exemption requirements specified in 
the order, including any person who has rights or interests established 
under the public land laws or mining law, such as grazing allottees and 
mining claim holders; and
    (e) Describe each circumstance listed in Sec. 9269.2 which 
reasonably warrant the closure or restriction.


Sec. 9269.4  Must BLM orders closing or restricting use of a described 
area be posted?

    Yes. BLM orders closing or restricting use of an area must be 
posted:
    In the local BLM Office with jurisdiction over the area to which 
the order applies; and at places near and/or within the area to which 
the closure or restriction applies, in a manner and location that 
reasonably notifies users. If you are planning to use or visit BLM 
lands, BLM advises you to contact a local BLM office to get further 
information about specific closures or restrictions which may be 
applicable to the area you plan to use or visit.


Sec. 9269.5  Must an order closing or restricting use of a described 
area be published in the Federal Register before it becomes effective?

    Yes. Before an order can become effective, BLM must publish it in 
the Federal Register. BLM will specify in the published notice the 
reason why a deferred effective date and advanced public participation 
would be impracticable, unnecessary, or contrary to the public 
interest.


Sec. 9269.6  What is the maximum duration of a closure or restriction 
order under this section?

    BLM may issue a closure or restriction order for a reasonable time 
period, not to exceed 12 months.


Sec. 9269.7  What must BLM do to close or restrict use of a described 
area for longer than 12 months?

    In order for BLM to extend a closure order beyond 12 months, BLM 
will comply with the notice and comment provisions of the 
Administrative Procedure Act (5 U.S.C. 553).


Sec. 9269.8  Must BLM consult with the State fish and game department 
for closures and restrictions relating to hunting and fishing?

    Yes. Except in emergencies, closures and restrictions relating to 
hunting and fishing are put in effect only after BLM consults with the 
appropriate State fish and game department (see 43 U.S.C. 1732(b) and 
43 CFR part 24).


Sec. 9269.9  What are the penalties for violating a closure or 
restriction order?

    If you violate a closure or restriction order, you are subject to 
the penalties provided in 43 CFR 9260.8.

Supplemental and Special Rules


Sec. 9269.21  What are supplemental and special rules?

    BLM issues supplemental and special rules to protect people, 
property, BLM lands, and resources. Supplemental and special rules are 
local in scope and may be temporary in duration, and are meant to 
conform to State and local needs and specific resource management 
planning objectives. They are enforceable as provided in Sec. 9269.25 
of this title.


Sec. 9269.22  Where can I see a copy of a supplemental or special rule 
affecting a particular area?

    You may inspect rules:
    (a) In each local BLM Office having jurisdiction over the lands, 
sites or facilities affected; and
    (b) As posted near and/or within the lands, waters, sites or 
facilities affected.


Sec. 9269.23  Must a supplemental or special rule be published in the 
Federal Register before it becomes effective?

    Yes. Before a supplemental or special rule becomes effective, BLM 
must comply with the requirements of the Administrative Procedures Act 
(5 U.S.C. 553), including publishing the rule in the Federal Register 
and a public comment period. BLM may also publish supplemental and 
special rules in a newspaper of general circulation in the affected 
vicinity, or make the rule available to the public in another way BLM 
considers appropriate.


Sec. 9269.24  Must BLM consult with the State fish and game department 
for supplemental and special rules relating to hunting and fishing?

    Yes. Supplemental and special rules relating to hunting and fishing 
are put in effect only after BLM consults with appropriate State fish 
and game departments (see 43 U.S.C. 1732(b) and 43 CFR part 24).


Sec. 9269.25  What are the penalties for violating a supplemental or 
special rule?

    If you do not comply with a supplemental or special rule, you are 
subject to the penalties provided in 43 CFR 9260.8.

[FR Doc. 96-28479 Filed 11-6-96; 8:45 am]
BILLING CODE 4310-84-P