[Federal Register Volume 65, Number 171 (Friday, September 1, 2000)]
[Notices]
[Pages 53516-53521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22435]



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Part VII





Department of the Interior





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Bureau of Land Management



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Interim Final Supplementary Rules on Public Land in Utah; Notice

  Federal Register / Vol. 65, No. 171 / Friday, September 1, 2000 / 
Notices  

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[UT-030-1652-PA-24 1A]
RIN 1004-AD40


Notice of Interim Final Supplementary Rules on Public Land In 
Utah

AGENCY: Bureau of Land Management, Utah State Office, Utah.

ACTION: Interim final Supplementary Rules for public land within Grand 
Staircase-Escalante National Monument, and at associated facilities, 
Cedar City Field Office, Utah.

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SUMMARY: The Bureau of Land Management's Cedar City Field Office (BLM) 
is publishing interim final supplementary rules. These supplementary 
rules will apply to public assemblies, meetings, gatherings, 
demonstrations, parades, and similar activities on the public lands 
within Grand Staircase-Escalante National Monument (the Monument), and 
at Monument offices, visitor centers, and other facilities. The 
supplementary rules governing where protesters may demonstrate are 
needed in order to protect the Monument's natural resources, access to 
public facilities, and the public health and safety.

DATES: The interim final supplementary rules will be effective 
September 1, 2000, but we will accept comments and publish final 
supplementary rules that respond to comments. You should submit your 
comments by October 2, 2000. In developing final supplementary rules, 
BLM may not consider comments postmarked or received in person or by 
electronic mail after this date.

ADDRESSES: Mail: Director (630), Bureau of Land Management, 
Administrative Record, Room 401 LS, 1849 C Street, NW, Washington, D.C. 
20240.
    Personal or messenger delivery: Room 401, 1620 L Street, NW, 
Washington, DC 20036.
    Internet e-mail: [email protected]. (Include ``Attn: GSENM'')

FOR FURTHER INFORMATION CONTACT: Keith Aller, Utah State Office, 801-
539-4085.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

    Your comments on the interim final supplementary rules should be 
specific, should be confined to issues pertinent to the interim final 
supplementary rules, and should explain the reason for any recommended 
change. Where possible, your comments should reference the specific 
section or paragraph of the proposal that you are addressing. BLM may 
not necessarily consider or include in the Administrative Record for 
the final supplementary rules comments that BLM receives after the 
close of the comment period (see DATES) or comments delivered to an 
address other than those listed above (see ADDRESSES).
    BLM will make your comments, including your name and address, 
available for public review at the Washington Office of BLM address 
listed in ADDRESSES above during regular business hours (7:45 a.m. to 
4:30 p.m., Monday through Friday, except Federal holidays). We will 
also keep copies of the comments at the--
     Utah State Office, 324 South State Street, 4th Floor, Salt 
Lake City, Utah 84111;
     Cedar City Field Office, 176 East D.I. Sargent Drive, 
Cedar City, Utah 84720; and
     Monument Headquarters, 180 West 300 North, Kanab, Utah 
84741.
    Under certain conditions, BLM can keep your personal information 
confidential. You must prominently state your request for 
confidentiality at the beginning of your comment. BLM will consider 
withholding your name, street address, and other identifying 
information on a case-by-case basis to the extent allowed by law. BLM 
will make available to the public all submissions from organizations 
and businesses and from individuals identifying themselves as 
representatives or officials of organizations or businesses.

II. Background

    The President designated Grand Staircase-Escalante National 
Monument under the Antiquities Act on September 18, 1996. In doing so, 
he assigned management responsibility for the Monument to BLM.
    The BLM provided for substantial public participation and 
coordination during the development of Grand Staircase-Escalante 
National Monument Management Plan. This public participation included: 
15 scoping workshops; a science symposium; receipt and analysis of more 
than 6,800 comments on the draft plan; 13 draft plan open house 
sessions; and 13 notices published in the Federal Register related to 
the development of the plan. Provisions in the Plan related to the 
protection of persons, property, and public lands and resources.

III. Discussion of the Supplementary Rules

    These supplementary rules will apply to the public lands within 
Grand Staircase-Escalante National Monument managed by the Bureau of 
Land Management. BLM has determined these supplementary rules necessary 
to implement the provisions of the Plan related to the protection of 
persons, property, and public lands and resources. Our objective is to 
provide a quality recreational experience to the general public, with 
minimal amounts of conflicts among users, and to prevent degradation of 
the public lands and resources. To accomplish this objective, we are 
promulgating these supplementary rules, which are directed at the 
physical impacts of public demonstrations, parades, assemblies, and 
similar activities on the Monument, its natural resources, its offices 
and other structures, and its personnel and visitors. The supplementary 
rules are not directed at the subject matter of these activities.
    The interim supplementary rules require you to obtain a permit from 
BLM before conducting a public demonstration or other activity covered 
by the supplementary rules.
    You may read maps of the areas to which these supplementary rules 
apply at the BLM Cedar City Field Office, 176 East D.l. Sargent Drive, 
Cedar City, Utah 84720, and at the Utah State Office, 324 South State 
Street, Suite 301, Salt Lake City, Utah 84145, where they are included 
in Grand Staircase-Escalante National Monument Management Plan. You may 
also find this information in the following Monument offices:
     Grand Staircase-Escalante National Monument, Kanab 
Headquarters, 180 West 300 North, Kanab, Utah 84741, (435) 644-4300
     Grand Staircase-Escalante National Monument, Escalante 
Interagency Office, PO Box 225 (755 West Main Street), Escalante, Utah 
84726, (435) 826-5600
     Grand Staircase-Escalante National Monument, Cannonville 
Visitor Center, 10 Center Street, P.O. Box 189961, Cannonville, Utah 
84718 (435) 679-8980 (Open Seasonally March-November)
    The first section of the supplementary rules explains that they are 
necessary to protect the Monument's natural resources and the public 
health and safety, relating the supplementary rules to the purposes of 
the Monument as stated in the President's Proclamation of September 18, 
1996.
    Section 2 of the supplementary rules lays out the regulatory 
authority for issuing the supplementary rules, and explains that 
potential damage to sensitive resources and possible interference with 
other users justifies establishing a permit system to regulate

[[Page 53517]]

public assemblies, parades, demonstrations, and similar events.
    Section 3 explains the scope of the supplementary rules by defining 
``public demonstration.'' The supplementary rules covers group or 
individual protests, assemblies, picketing, parades, marching, 
speechmaking, placing signs or banners, and all other like forms of 
conduct that involve the communication or expression of views or 
grievances. It explains that an element of the definition is the intent 
or likelihood of attracting a crowd. This section also makes it clear 
that wearing a tee-shirt with a slogan or driving a car with a bumper 
sticker does not constitute a demonstration.
    Section 4 of the supplementary rules answers the question where BLM 
will allow these activities by stating as a general rule that we will 
allow them anywhere within the Monument and at associated facilities. 
However, under paragraph b. of this section, BLM will designate certain 
specific areas or locations, both within the Monument and at Monument 
facilities, where we will not allow public demonstrations under any 
circumstances, regardless of their size or nature. These would 
include--
     All entryways at visitor centers, including entrances to 
restrooms,
     BLM administrative offices,
     Areas with sensitive habitat,
     Scientific and historical sites, including paleontological 
and archaeological sites
     Inherently dangerous sites, and
     Areas with fragile or scarce features and resources such 
as sandstone arches or endangered species.
    We anticipate that most activities covered by these supplementary 
rules will occur at or near visitor centers and other facilities 
frequented by the public. Other areas will also generally be open to 
public demonstrations. However, as resource inventories proceed, BLM 
may close some of these open areas to protect sensitive environments 
and resources. We will mark such further closures on the maps provided 
for in this section.
    BLM can issue permits on an expedited basis for demonstrations in 
areas open to this activity at or near public facilities like visitor 
centers. For other areas, however, that are not closed to 
demonstrations, permits may require additional time to process, because 
of the need to perform environmental analyses, cultural resource 
surveys, and so forth.
    Finally, paragraph c. authorizes BLM to suggest alternative sites 
for your activity if we cannot allow it at your preferred location.
    Section 5 sets forth the procedures for applying for and obtaining 
permits under these supplementary rules. Applicants must use the form 
now used under 43 CFR part 2920 to apply for general land use permits, 
and must provide BLM with common sense information about their intended 
activity, including the name of the applicant, the time and place 
proposed for the activity, the approximate number of participants, and 
a list of equipment to be used. This section also gives BLM discretion 
to ask for additional information if necessary.
    Section 6 explains how BLM will decide whether to issue a permit, 
based on the size and location of the proposed activity. For areas 
where these activities are normally allowed, BLM will, without regard 
to the subject matter of the activity, determine whether we can give 
you a permit for your proposed activity, considering the size of your 
gathering, the type of equipment (such as vehicles or sound equipment) 
you propose to use, competing uses, and other appropriate factors. BLM 
may also impose restrictions on some types of activities in some 
classes of land. For example, we may prohibit leafleting in wilderness 
study areas, where litter would be particularly offensive.
    Section 7 provides that BLM will not issue multiple permits for the 
same location, but explains that we may issue permits for competing 
events in the same general area.
    Section 8 allows BLM to impose terms and conditions on these 
permits in order to protect Monument resources, and preserve the public 
health and safety.
    Section 9 provides that BLM will not collect any permit fees, or 
charge for cost recovery, require a bond or other financial guarantee, 
or require liability insurance.
    Section 10 covers permit revocations. BLM has discretion to revoke 
your permit if your activity causes the consequences that would have 
caused us to deny the permit in the first place, had we anticipated 
those consequences. That is, we may revoke your permit if your 
demonstration or assembly substantially impairs the environment of the 
Monument, or its resources, or substantially interferes with visitors 
to the Monument and its facilities, or Monument operations. BLM may 
also revoke your permit if you violate its terms or conditions.
    Section 11 lists the acts that are prohibited by these 
supplementary rules:
     Conducting or participating in public assemblies, 
meetings, parades, demonstrations, and so forth, that are not 
authorized by a permit;
     Violating permits terms or conditions;
     Refusing to leave upon direction by a law enforcement 
officer after BLM has revoked your permit; or
     Obstructing pedestrians or vehicles, or physically 
harassing visitors.
    Finally, section 12 directs you to the statutory sources for the 
possible fines and other penalties, you will be subject to if you 
violate any of these supplementary rules. These sources include the 
United States Criminal Code in Title 18 of the United States Code, the 
Taylor Grazing Act, and the Federal Land Policy and Management Act.
    BLM finds good cause to publish these supplementary rules effective 
the date of publication, without prior notice and opportunity for 
public comment, because of the imminent need for regulatory authority 
to manage political protests and other public demonstrations during 
periods of heaviest public visitation at Grand Staircase-Escalante 
National Monument.
    There have been several protests and demonstrations at Monument 
visitor centers, primarily on holiday weekends. The demonstrations 
centered around the front steps to the building. This effectively cut 
off visitor access to the building during the demonstrations. Holiday 
weekends are busy times at Monument visitor centers. While these 
demonstrations were going on, numerous visitors turned away and did not 
get the information they wanted and needed to ensure their own safety 
and the protection of Monument resources.
    The parking lots of these offices and visitor centers serve as 
emergency staging areas for search and rescue operations, and access to 
and from these areas is vital to these operations. The parking lots 
also occasionally serve as staging areas when wildfire operations are 
going on in the area, as was the case on Memorial Day weekend 2000. 
Disruptions in the parking area interfere with these emergency 
operations, as well as BLM's day to day administrative operations.
    The supplementary rules that go into effect upon publication of 
this notice do not substantially interfere with the right of protestors 
and demonstrators to speak and peaceably to assemble. They do allow BLM 
to keep entryways, emergency staging areas, and other areas essential 
to administration of the Monument clear, and also to protect the 
natural values of the Monument in case protesters wish to stage 
demonstrations away from visitor centers and in the Monument itself.

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    The next likely occasion for conflicts between the right to speak 
and assemble and heavy public visitation and need for access will be 
Labor Day Weekend, 2000, in less than 30 days. The need to use these 
places for emergency staging is unpredictable but ongoing in this 
intense wildfire season.
    The supplementary rules promulgated today will enable BLM to 
prevent demonstrators from staging their activities in areas that 
interfere with public access, but to allow them to demonstrate in areas 
readily visible to Monument visitors and others.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These supplementary rules are not a significant regulatory action 
and are not subject to review by Office of Management and Budget under 
Executive Order 12866. These supplementary rules will not have an 
effect of $100 million or more on the economy. They are not intended to 
affect commercial activity, but rather gatherings of people on certain 
public lands. They are directed at controlling the physical effects of 
the gatherings on the land and its resources themselves, on public 
health and safety, and on other users. They will not adversely affect, 
in a material way, the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities. These interim final supplementary rules 
will not create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency. The supplementary rules do 
not alter the budgetary effects of entitlements, grants, user fees, or 
loan programs or the right or obligations of their recipients; nor do 
they raise novel legal or policy issues. While the supplementary rules 
are directed at exercises of First Amendment rights of speech and 
assembly, and therefore are subject to careful scrutiny, there are 
ample precedents at all levels of government for requiring permits for 
parades and other similar demonstrations.

Clarity of the Supplementary Rules

    Executive Order 12866 requires each agency to write regulations 
that are simple and easy to understand. We invite your comments on how 
to make these interim final supplementary rules easier to understand, 
including answers to questions such as the following:
    (1) Are the requirements in the interim final supplementary rules 
clearly stated?
    (2) Do the interim final supplementary rules contain technical 
language or jargon that interferes with their clarity?
    (3) Does the format of the interim final supplementary rules 
(grouping and order of sections, use of headings, paragraphing, etc.) 
aid or reduce their clarity?
    (4) Would the supplementary rules be easier to understand if they 
were divided into more (but shorter) sections? (A ``section'' appears 
in bold type and is preceded by the abbreviation ``Sec.'' and a 
numbered heading, for example, ``Sec. 4 Where may I hold the public 
demonstrations covered by these supplementary rules?''.)
    (5) Is the description of the interim final supplementary rules in 
the SUPPLEMENTARY INFORMATION section of this preamble helpful in 
understanding the interim final supplementary rules? How could this 
description be more helpful in making the supplementary rules easier to 
understand?
    Please send any comments you have on the clarity of the 
supplementary rules to the address specified in the ADDRESSES section.

National Environmental Policy Act

    BLM has prepared an environmental assessment (EA) and has found 
that the interim final supplementary rules would not constitute a major 
Federal action significantly affecting the quality of the human 
environment under section 102(2)(C) of the Environmental Protection Act 
of 1969 (NEPA), 42 U.S.C. 4332(2)(C). The supplementary rules enable 
BLM to regulate public demonstrations that have historically occurred 
exclusively at BLM offices and visitor centers, and to manage them in 
such a way that they do not interfere with public access to these 
facilities and with BLM emergency and other administrative functions. 
The supplementary rules also allow BLM to decide whether other areas 
that may have sensitive habitats or other natural features should be 
closed to such activities. To the extent that the regulated activities 
are likely to occur exclusively at improved facilities, they are likely 
to have no appreciable effect on the human environment. Since the 
supplementary rules allow BLM to limit the locations of demonstrations 
that may in the future take place in backcountry areas, the 
supplementary rules will prevent such activities from having negative 
effects on the environment. A detailed statement under NEPA is not 
required. BLM has placed the EA and the Finding of No Significant 
Impact (FONSI) on file in the BLM Administrative Record at the address 
specified in the ADDRESSES section. BLM invites the public to review 
these documents 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.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act of 1980, as 
amended, 5 U.S.C. 601-612, to ensure that Government regulations do not 
unnecessarily or disproportionately burden small entities. The RFA 
requires a regulatory flexibility analysis if a rule would have a 
significant economic impact, either detrimental or beneficial, on a 
substantial number of small entities. The supplementary rules do not 
pertain specifically to commercial or governmental entities of any 
size, but to public and private organizations, groups, and individuals 
who wish to stage political protests and demonstrations, conduct 
parades and meetings, and otherwise to express their views on the 
public lands and at the public facilities of Grand Staircase-Escalante 
National Monument. Therefore, BLM has determined under the RFA that 
these interim final supplementary rules would not have a significant 
economic impact on a substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    These supplementary rules do not constitute a ``major rule'' as 
defined at 5 U.S.C. 804(2). Again, the supplementary rules pertain only 
to public and private organizations, groups, and individuals who wish 
to stage political protests and demonstrations, conduct parades and 
meetings, and otherwise to express their views in one locale, the 
public lands and facilities of Grand Staircase-Escalante National 
Monument in Utah. In this respect, the regulation of these activities 
is limited to that necessary to protect the public lands and facilities 
and those, including small business concessioners and outfitters, who 
use them. The supplementary rules have no effect on business--
commercial or industrial--use of the public lands.

Unfunded Mandates Reform Act

    These supplementary rules do not impose an unfunded mandate on 
State, local, or tribal governments or the private sector of more than 
$100 million per year; nor do these interim final supplementary rules 
have a significant or unique effect on State, local, or tribal 
governments or the private sector. The supplementary rules do not 
require

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anything of State, local, or tribal governments. Therefore, BLM is not 
required to prepare a statement containing the information required by 
the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.)

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

    The supplementary rules do not represent a government action 
capable of interfering with constitutionally protected property rights. 
The supplementary rules do not address property rights in any form, and 
do not cause the impairment of anyone's property rights. Therefore, the 
Department of the Interior has determined that the supplementary rules 
would not cause a taking of private property or require further 
discussion of takings implications under this Executive Order.

Executive Order 13132, Federalism

    The supplementary rules will not have a substantial direct effect 
on the States, on the relationship between the national government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government. The supplementary rules affect land 
in only one State, Utah, and do not address jurisdictional issues 
involving the State government. Therefore, in accordance with Executive 
Order 13132, BLM has determined that these interim final supplementary 
rules do not have sufficient Federalism implications to warrant 
preparation of a Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the Office of the Solicitor has 
determined that these interim final supplementary rules would not 
unduly burden the judicial system and that it meets the requirements of 
sections 3(a) and 3(b)(2) of the Order.

Paperwork Reduction Act

    The Office of Management and Budget has approved the information 
collection requirements in the interim final supplementary rules under 
the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq., and has 
assigned clearance number 1004-0009. The section of these interim final 
supplementary rules with information collection requirements is section 
5(b), and BLM estimates the public reporting burden of this section to 
average, respectively, 5.955 hours per response. This estimate includes 
the time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information.
    Send comments regarding this burden estimate or any other aspect of 
this collection of information, including suggestions for reducing the 
burden, to Information Collection Clearance Officer, Bureau of Land 
Management, U.S. Department of the Interior, 1849 C Street, NW, Mail 
Stop 401-LS, Washington, DC 20240, and Desk Officer for the Department 
of the Interior, Office of Information and Regulatory Affairs, Office 
of Management and Budget, New Executive Office Building, Washington, DC 
20503, Attention: 1004-AD40.

Author

    The principal author of these supplementary rules is Jeff Long of 
the Monument staff, BLM, assisted by Ted Hudson of the Regulatory 
Affairs Group, Washington Office, BLM, and Kimberly Fondren of the 
Office of the Solicitor, Department of the Interior.
    For the reasons stated in the Preamble, and under the authority of 
43 CFR 8365.1-6, the Utah State Director, Bureau of Land Management, 
issues supplementary rules for Grand Staircase-Escalante National 
Monument, to read as follows:

    Dated: August 21, 2000.
Sally Wisely,
State Director.

Supplementary Rules for Grand Staircase-Escalante National Monument

Permits for Public Assemblies, Demonstrations, Parades, Meetings, 
Gatherings, and Other Special Events

Sec.
1  Why is BLM promulgating these Supplementary Rules?
2  Under what authorities does BLM promulgate these Supplementary 
Rules?
3  What is a public demonstration?
4  Where may I hold the public demonstrations covered by these 
supplementary rules?
5  What are the procedures for obtaining a permit under these 
supplementary rules?
6  What will BLM consider in deciding whether to issue or deny a 
permit?
7  How will BLM accommodate competing or multiple protests, 
assemblies or demonstrations?
8  What terms and conditions will BLM include in my permit?
9  What fees must I pay for a permit?
10  When may BLM revoke my permit?
11  Prohibited acts.
12  Penalties.


    Authority: 43 CFR 8365.1-6.

Sec. 1--Why is BLM Promulgating These Supplementary Rules?

    a. Grand Staircase-Escalante National Monument (the Monument) was 
designated by the President of the United States in a proclamation on 
September 18, 1996, in order to set apart and reserve the public lands 
in the area that comprises the Monument for the purpose of protecting 
the unspoiled natural areas, frontier qualities, and scientific, 
cultural, and historical objects found there. By virtue of this 
proclamation and the completion of the final Grand Staircase-Escalante 
National Monument Management Plan, the Bureau of Land Management (BLM) 
has determined that the Monument is a ``special area'' whose resources 
require special management and control measures for their protection, 
and where you must obtain permits for certain activities, including 
public demonstrations.
    b. These supplementary rules are necessary to protect the 
Monument's natural resources and the public health and safety.

Sec. 2  Under What Authorities Does BLM Promulgate These Supplementary 
Rules?

    a. 43 CFR 8372.0-5 (g) defines a special area as an area 
established as a component of the National Trails System, the National 
Wild and Scenic Rivers System, the National Wilderness System, an 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 any 
other area where BLM determines that the resources require special 
management and control measures for their protection.
    b. 43 CFR 8365.1-6, issued under section 303 of the Federal Land 
Policy and Management Act (43 U.S.C. 1733), authorizes BLM State 
Directors to issue supplementary rules that may provide for the 
protection of persons, property, and public lands and resources.

Sec. 3  What is a Public Demonstration?

    a. For purposes of these supplementary rules, public demonstration 
means public group or individual protests, assemblies, picketing, 
parades, marching, speechmaking, placement of signs or banners, and all 
other like forms of conduct that involve the communication or 
expression of any views or grievances. An essential element of a 
demonstration is that it is conduct that has the effect of, or intent 
or propensity to, draw a crowd of onlookers.

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    b. Public demonstrations do not include casual use of the public 
lands by visitors or tourists that does not have an intent or 
propensity to attract a crowd or onlookers. Such demonstrations 
specifically do not include slogans displayed on vehicles or other 
equipment or as part of wearing apparel, such as on bumper stickers or 
tee-shirts. They also do not include demonstrations of recreational or 
educational activities, such as demonstrations of outdoor skills or 
archaeological techniques.

Sec. 4  Where may I hold the public demonstrations covered by these 
supplementary rules?

    a. Except as provided in paragraphs b. and c. of this section, BLM 
will permit public demonstrations, parades, assemblies, and similar 
activities anywhere within the Monument and at associated facilities 
and visitor centers outside the Monument boundaries.
    b. BLM will designate on a map, which will be available in the 
Cedar City Field Office, and at the Monument offices in Kanab, 
Escalante, and Cannonville, Utah, the locations not available for 
public demonstrations. BLM will impose this designation only where we 
find, in writing, that such activities would likely:
    1. Cause injury or damage to sensitive Monument resources, 
including but not limited to archaeological and paleontological sites, 
endangered species and other sensitive wildlife habitat, and delicate 
natural formations;
    2. Impair an unspoiled natural area and its frontier qualities, 
where there would be no reasonable mitigation measures available;
    3. Substantially interfere with interpretative, visitor service, or 
other program activities, or with the administrative activities of BLM;
    4. Substantially impair the operation of public use facilities or 
services; or
    5. Present a clear and present danger to the public health and 
safety.
    c. If BLM finds that we cannot permit your activity at a specific 
location, we may suggest other nearby locations that are more 
appropriate or are not subject to a conflicting permit BLM has already 
issued or approved.

Sec. 5  What are the procedures for obtaining a permit under these 
supplementary rules?

    The following permit procedures apply to all public lands within 
Grand Staircase-Escalante National Monument and at associated 
facilities outside the boundaries of the Monument that are open to 
public demonstrations under sec. 2 of these supplementary rules:
    a. When must I obtain a permit under these supplementary rules? You 
must obtain a permit before conducting public demonstrations, as 
defined in sec. 2 of these supplementary rules.
    b. Where must I submit my application? You may submit your 
application to any Monument office or the Cedar City District Office. 
You may obtain an application form at any BLM office.
    c. What must I include in my application? Your application for this 
permit must include--
    1. your name;
    2. the date, time, duration, and format or layout of the proposed 
event;
    3. the specific location you wish to use, identified by legal 
description or site name, whichever BLM finds appropriate;
    4. your estimate of the number of persons expected to attend;
    5. whether you propose to distribute or sell printed materials or 
any other materials at the permit site as part of your activity;
    6. a statement of the type of vehicles, sound equipment, or other 
equipment or props, if any, that you wish to use (if applicable); and
    7. any other information required by BLM and/or the permit 
application form.
    c. Must I specify the subject matter of my public demonstration? 
Your application does not need to include the subject matter of your 
activity.
    d. When and how will BLM handle my application? BLM will make its 
decision within 7 business days. We will issue a permit for a 
demonstration on land open for this purpose upon proper application 
unless:
    1. BLM has issued a permit or will approve a prior application for 
a permit for the same time and place;
    2. BLM finds that the event presents a clear and present danger to 
the public health or safety; or
    3. The event is of such nature or duration that BLM finds that, 
applying the criteria in sec. 4 of these supplementary, we cannot 
reasonably accommodate it in the particular location applied for, 
considering such things as--
    i. damage to Monument resources or facilities;
    ii. interference with lawful occupancy and use by others; or
    iii. disruption of public use of facilities.
    4. You apply for a permit for an area that BLM has identified under 
sec. 4 of these supplementary rules as not available for 
demonstrations.
    e. How does BLM deny permits? If BLM denies your permit, we will 
inform you in writing of the reason(s) for the denial.

Sec. 6  What Will BLM Consider in Deciding Whether to Issue or Deny a 
Permit?

    a. BLM will consider the following factors in deciding whether to 
issue or deny a permit for a public demonstration at a particular site:
    1. Whether the site can accommodate the type and size of vehicles, 
sound equipment, or other equipment or props, if any, that you wish to 
use;
    2. Whether the site can accommodate the number of participants you 
expect for the demonstration;
    3. Competing uses of the specific location you wish to use; and
    4. Other factors that BLM deems appropriate in order to protect 
public health and safety and to preserve Monument resources against 
degradation.
    b. BLM will not consider the subject matter of your proposed 
demonstration in deciding whether to issue or deny a permit.
    c. BLM will weigh the impact of your proposed demonstration, 
considering the factors listed in paragraph (a) of this section, in 
light of the following criteria:
    1. The demonstration must not impair an unspoiled natural area and 
its frontier qualities, where there would be no reasonable mitigation 
measures available;
    2. The demonstration must not unreasonably interfere with other 
users of the public lands; and
    3. The demonstration must not impair public access to Monument 
facilities.
    c. If BLM concludes that your permit must be denied under paragraph
    b. Of this section, we will suggest an alternative site or other 
content-neutral changes in your public demonstration that would enable 
us to issue you a permit.

Sec. 7  How Will BLM Accommodate Competing or Multiple Protests, 
Assemblies or Demonstrations?

    If two or more applicants apply for permits under these 
supplementary rules for events at the same time and location, BLM will 
not issue multiple permits for the same location, but may, in 
consultation with the applicants, issue permits for events in the same 
general area.

Sec. 8  What Terms and Conditions Will BLM Include in My Permit?

    Your permit will set out the terms and conditions for its use, 
including but not limited to the following:
    a. BLM will allow distribution and sale of printed materials, 
including

[[Page 53521]]

leaflets, newspapers, pamphlets, books, and flyers related to the 
demonstration, at the permit site. The permit will state the terms and 
conditions for such distribution, if you propose it as part of your 
activity.
    b. The permit may contain conditions to ensure the protection of 
monument areas from degradation of the resource and interference with 
other lawful uses and users. Such conditions may include reasonable 
limitations on the equipment you may use and the time and area within 
which BLM will allow the demonstration.
    c. BLM will issue permits for no more than 7 days. We may extend 
permits for another 7 days, upon a new application, except where 
another applicant has previously requested use of the same location.

Sec. 9  What Fees Must I Pay for a Permit?

    BLM will not require payment of a fee for any permit issued under 
these supplementary rules. BLM also will not require recovery of our 
administrative costs, or posting of a bond or other financial 
guarantee, or require liability insurance.

Sec. 10  When May BLM Revoke My Permit?

    a. BLM may revoke a permit if you or your activity--
    1. Causes injury or damage to Monument resources;
    2. Substantially impairs the unspoiled naturalness and frontier 
qualities of the Monument, or the peace and good order at associated 
facilities, including visitor centers and offices;
    3. Substantially interferes with interpretative, visitor service, 
or other program activities, or with the administrative activities of 
BLM;
    4. Substantially impairs the operation of public use facilities or 
services;
    5. Presents a clear and present danger to the public health and 
safety; or
    6. Violates any of the terms and conditions of the permit.
    b. BLM will provide, in writing, the reason(s) for revocation. When 
BLM makes a revocation under emergency circumstances, BLM may 
immediately revoke your permit by notifying you verbally, and provide 
you written confirmation within 72 hours.

Sec. 11  Prohibited Acts

    While engaged in activities covered under these supplementary 
rules, you must not--
    a. Conduct, participate in, or engage in any public demonstrations 
that are not authorized by a permit;
    b. Violate stipulations or conditions of a permit;
    c. Refuse to disperse, when a BLM law enforcement officer or State 
or local law enforcement officer acting under an agreement with BLM 
directs you to do so, after BLM has revoked a permit;
    d. Obstruct or impede pedestrians or vehicles; or
    e. Harass Monument visitors with physical contact. For purposes of 
these supplementary rules, physical contact means contact that is 
criminally actionable under State law as assault or battery.

Sec. 12  Penalties

    a. Under the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1733(a)), if you knowingly and willfully violate or fail to 
comply with any of the supplementary rules provided in this notice, you 
may be subject to a fine under 18 U.S.C. 3571 or other penalties in 
accordance with 43 U.S.C. 1733.
    b. Under the Taylor Grazing Act of 1968 (16 U.S.C. 1246(i)), if you 
willfully violate or fail to comply with any of the supplementary rules 
provided in this notice on any grazing district, you may be subject to 
a fine in accordance with 18 U.S.C. 3571 or other penalties under 16 
U.S.C. 1246(i).

[FR Doc. 00-22435 Filed 8-31-00; 8:45 am]
BILLING CODE 4310-33-P