[Federal Register Volume 67, Number 74 (Wednesday, April 17, 2002)]
[Rules and Regulations]
[Pages 19092-19094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9373]



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Part IV





Department of the Interior





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Bureau of Reclamation



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43 CFR Part 423



Public Conduct on Bureau of Reclamation Lands and Projects; Final Rule

  Federal Register / Vol. 67, No. 74 / Wednesday, April 17, 2002 / 
Rules and Regulations  

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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

43 CFR Part 423

RIN 1006-AA44


Public Conduct on Bureau of Reclamation Lands and Projects

AGENCY: Bureau of Reclamation, Interior.

ACTION: Final rule with request for comments.

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SUMMARY: The Bureau of Reclamation (Reclamation) is issuing this rule 
to establish regulations regarding public conduct on all Reclamation 
lands (including waters) and Reclamation projects. Reclamation is 
required by law to issue this rule in order to provide for the security 
of dams, facilities, and resources under its jurisdiction.

DATES: This rule is effective on April 17, 2002, and shall expire on 
April 17, 2003. Reclamation must receive any comments on this final 
rule no later than June 17, 2002.

ADDRESSES: Any comments on this rule should be sent to Bureau of 
Reclamation, P.O. Box 25007, Denver, CO 80225, Attention: John Lambert, 
D-6020.

FOR FURTHER INFORMATION CONTACT: Larry Todd, Director, Operations, 
Bureau of Reclamation, 1849 C Street, NW., Washington, DC 20240, 
telephone (202) 513-0615.

SUPPLEMENTARY INFORMATION:

I. Background

    On September 11, 2001, terrorists launched attacks on targets 
within the United States killing large numbers of people and damaging 
properties of national significance. Reclamation is responsible for 
protecting 348 reservoirs and more than 500 Federal dams, 58 
hydroelectric power plants, and over 8 million acres of Federal 
property including 300 recreation areas, many of national significance. 
Additionally, Reclamation projects host 90 million visitors each year. 
Personnel, vehicles or water vessels operating at Reclamation lands, 
facilities, and waters could gain unauthorized access to these lands, 
facilities, and water, threaten the safety of Reclamation employees and 
visitors, or launch terrorist attacks or commit other criminal acts 
against dams, power plants, property, and adjacent population centers.
    Public Law 107-69 (November 12, 2001) provides for law enforcement 
authority within Reclamation projects and on Reclamation lands and 
section 1(a) of this law requires us to ``issue regulations necessary 
to maintain law and order and protect persons and property within 
Reclamation projects and on Reclamation lands.'' This regulation 
establishes rules and regulations governing public conduct on all 
Reclamation lands and Reclamation projects, including all waters 
subject to the jurisdiction of Reclamation. The regulation establishes 
the minimum rules and regulations necessary for law enforcement 
officers to ensure the safety of the public and Reclamation employees, 
to protect critical water and power resource facilities, and to address 
potential criminal activities against Reclamation facilities and 
individuals within those facilities. Further, many of these regulations 
are derived from long-standing National Park Service regulations, which 
are well-known and well-understood by the public, and which in most, if 
not all, cases were subject to public comment and review when first 
proposed.

II. Determination To Issue Final Rule Effective in Less Than 30 
Days

    We did not publish a notice of proposed rulemaking for this 
regulation. In keeping with the requirements of 5 U.S.C. 553 (b), we 
find that good reason exists for not publishing a notice of proposed 
rulemaking. In keeping with the requirements of 5 U.S.C. 553 (d)(3), we 
also find that good reason exists for making this regulation effective 
in less than 30 days after publication in the Federal Register. 
National security officials warn that future terrorist attacks against 
high visibility civilian targets, including dams and power plants, may 
be anticipated. The measures contemplated by the rule are intended to 
prevent future terrorist attacks against Reclamation lands, facilities, 
and waters, and to protect visitors to and population centers adjacent 
to these lands, facilities, and waters. In addition, the rule is 
necessary to deal with a large increase in tourism and visitation to 
Reclamation lands, facilities, and recreation areas with the coming of 
Spring, Reclamation Centennial activities, and other upcoming events. 
To delay the effective date of this rule is impractical and contrary to 
the public interest because it may render individuals and facilities 
vulnerable to subversive activity, sabotage, or terrorist attack. 
Immediate action is required to accomplish these objectives. The 
regulations will expire one year from the date they take effect, which 
will be the date of publication. Reclamation will accept and consider 
comments on this rule for 60 days after the date of publication. 
Reclamation is in the process of developing a more comprehensive public 
conduct rule, and it will use comments received on this rule in 
finalizing the comprehensive rule.

III. Procedural Matters

National Environmental Policy Act

    We have analyzed this rule in accordance with the criteria of the 
National Environmental Policy Act and Department Manual 516 DM. This 
rule does not constitute a major Federal action significantly affecting 
the quality of the human environment. An environmental assessment is 
not required. The rule is categorically excluded from NEPA review under 
40 CFR 1508.4, Departmental Manual 516 DM 2, Appendix 1, paragraph 
1.10.

Executive Order 12866, Regulatory Planning and Review

    Under Executive Order (E.O.) 12866, (58 FR 51735, Oct. 4, 1993), an 
agency must determine whether a regulatory action is significant and 
therefore subject to Office of Management and Budget (OMB) review and 
the requirements of the E.O. Executive Order 12866 defines a 
``significant regulatory action'' as a regulatory action meeting any 
one of four criteria specified in the E.O. This rulemaking is 
considered a significant regulatory action under criterion number 4, 
because it raises novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the E.O. We have therefore submitted the regulation to OMB for review.

Regulatory Flexibility Act

    The Department of the Interior certifies that this document will 
not have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq). A 
Regulatory Flexibility Analysis is not required. Accordingly, a Small 
Entity Compliance Guide is not required.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Fairness Act. The rule:
    (1) Will not have an annual effect on the economy of $100 million 
or more.
    (2) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    (3) Will not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or

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the ability of U.S.-based enterprises to compete with foreign-based 
enterprises.

Unfunded Mandates Reform Act of 1995

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. Moreover, the rule does not have a significant or unique effect 
on State, local, or tribal governments or the private sector. A 
statement containing the information required by the Unfunded Mandates 
Reform Act (2 U.S.C. 1531 et seq) is not required.

Executive Order 12630, Takings

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. Thus, a takings implication 
assessment is not required. This rule only addresses the possible 
consequences of public conduct on Reclamation lands and Reclamation 
projects.

Paperwork Reduction Act

    This rule does not require any information collection under the 
Paperwork Reduction Act. Therefore, an OMB Form 83-I is not required.

Executive Order 13132, Federalism

    In accordance with Executive Order 13132, this rule does not have 
Federalism implications. A Federalism assessment is not required. The 
rule will not affect the roles, rights, and responsibilities of States 
in any way. The rule will not result in the Federal Government taking 
control of traditional State responsibilities, nor will it interfere 
with the ability of States to formulate their own policies. In 
addition, the rule will not affect the distribution of power, the 
responsibilities among the various levels of government, nor preempt 
State law.

Executive Order 12988, Civil Justice Reform

    In accordance with Executive Order 12988, the Department's Office 
of the Solicitor has determined that this rule does not unduly burden 
the judicial system and meets the requirements of section 3(a) and 
3(b)(2) of the Executive Order.

Executive Order 13211, Energy Impacts

    In accordance with Executive Order 13211, the rule will not have a 
significant adverse effect on the supply, distribution, and use of 
energy. Therefore, a Statement of Energy Effects is not required.

IV. Comments on this Rule

    If you wish to comment on this rule, you may submit your comments 
by one of two methods. You may mail comments to: Bureau of Reclamation, 
P.O. Box 25007, Denver, CO 80403, Attn: Diana Trujillo, D-5300. You may 
also hand-deliver comments to the Bureau of Reclamation, Denver Federal 
Center, 6th and Kipling, Building 67, Room 124, Lakewood, Colorado. Our 
practice is to make comments, including names and home addresses of 
respondents, available for public review during regular business hours. 
Individual respondents may request that we withhold their home address 
from the rulemaking record. We will honor the request to the extent 
allowable by law. There also may be circumstances in which we would 
withhold from the rulemaking record a respondent's identity, as 
allowable by law. If you wish us to withhold your name and/or address, 
you must state this prominently at the beginning of your comment. 
However, we will not consider anonymous comments. We will make all 
submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, available for public inspection in their entirety.

List of Subjects in 43 CFR Part 423

    Law Enforcement, Public Conduct, Reclamation Lands and Reclamation 
Projects.

    Dated: April 3, 2002.
Bennett W. Raley,
Assistant Secretary--Water and Science.

    For the reasons stated in the preamble, the Bureau of Reclamation 
amends title 43 of the Code of Federal Regulations by adding a new part 
423 to read as follows:

PART 423--PUBLIC CONDUCT ON RECLAMATION LANDS AND PROJECTS

Sec.
423.1  Purpose and applicability of this part.
423.2  Definitions of terms used in this part
423.3  Prohibition of trespassing, tampering, and vandalism.
423.4  Restrictions on water vessel operation.
423.5  Applicability of State law to vehicle operation.
423.6  Restrictions on weapons.
423.7  Prohibition of disorderly conduct.
423.8  Prohibition on interfering with agency functions.
423.9  Prohibition of explosives.
423.10  Criminal penalty for violations of this part.


    Authority: 43 U.S.C. 373b, 16 U.S.C. 460 l-31


Sec. 423.1  Purpose and applicability of this part.

    The purpose of this part is to maintain law and order and protect 
persons and property on Reclamation lands, as defined in this part and 
at Reclamation projects as defined in this part. This part shall not 
apply where the Federal government has no ownership interest.


Sec. 423.2  Definitions of terms used in this part.

    Disorderly conduct means committing any of the following acts with 
the intent to cause or create a risk of public alarm, nuisance, 
jeopardy or violence:
    (1) Fighting or threatening, or violent behavior;
    (2) Language, utterance, gesture, or display or act that is 
obscene, physically threatening or menacing, or that is likely to 
inflict injury or incite an immediate breach of the peace;
    (3) Unreasonable noise, considering the nature and purpose of the 
person's conduct, location, time of day or night, and other factors 
that would govern the conduct of a reasonably prudent person under the 
circumstances; or
    (4) Creating or maintaining a hazardous or physically offensive 
condition.
    Reclamation means the Bureau of Reclamation of the United States 
Department of the Interior.
    Reclamation lands means all real property administered by the 
Commissioner of Reclamation, and includes all acquired and withdrawn 
lands and water areas under the jurisdiction of Reclamation.
    Reclamation projects means any water supply projects or water 
delivery projects constructed or administered by Reclamation under the 
Federal reclamation laws, and Acts supplementary thereto and amendatory 
thereof.
    Vehicle means every device in, upon, or by which a person or 
property is or may be transported or drawn on land, except devices 
moved by human power or used exclusively upon stationary rails or 
track.
    Vessel means every type or description of craft that is used or 
capable of being used as a means of transportation on water. Any 
buoyant device that permits or is capable of free flotation is a 
vessel. A seaplane is not a vessel.
    Weapon means any of the following:
    (1) A firearm, which is a loaded or unloaded pistol, rifle, shotgun 
or other device which is designed to, or may be readily converted to 
expel a projectile by the ignition of a propellant;

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    (2) A compressed gas or spring-powered pistol or rifle, irritant 
gas device, explosive device; or
    (3) Any other implement designed to discharge missiles.


Sec. 423.3  Prohibition of trespassing, tampering, and vandalism.

    (a) The following activities are prohibited:
    (1) Trespassing, entering, or remaining in or upon property or real 
property not open to the public (closed area), except with the express 
invitation or consent of the person having lawful control of the 
property, real property, or water;
    (2) Tampering or attempting to tamper with property or real 
property, or moving, manipulating, or setting in motion any of the 
parts thereof, except when such property is under one's lawful control 
or possession; and
    (3) Vandalism or destroying, injuring, defacing, or damaging 
property or real property that is not under one's lawful control or 
possession.
    (b) Reclamation reserves the right to close and restrict public 
access to Reclamation lands and Reclamation projects subject to this 
part for security or public safety reasons. Each closure order or order 
restricting public access must:
    (1) Identify the facilities, lands or waters that are closed or 
restricted as to public use;
    (2) Specify the uses that are restricted;
    (3) Specify the period of time during which the closure or 
restriction shall apply (including indefinite periods, if necessary); 
and
    (4) Be posted at places near or within the area to which the 
closure or restriction applies, in such manner and location as is 
reasonable to bring prohibitions to the attention of the public.
    (c) Within 15 days of the beginning of the closure or restriction, 
Reclamation will publish the closure or restriction in the Federal 
Register, unless the Commissioner determines that publication is 
contrary to national security or the public interest.


Sec. 423.4  Restrictions on water vessel operation.

    The following are prohibited:
    (a) Operating a vessel in a closed area;
    (b) Failing to observe restrictions established by a regulatory 
marker (i.e., signs, buoys);
    (c) Operating a vessel, or knowingly allowing another person to 
operate a vessel, in a reckless or negligent manner, or in a manner 
that endangers or is likely to endanger a person or property; and
    (d) Operating a vessel when under the influence of alcohol or 
legally-used controlled substance that may endanger life or property.


Sec. 423.5  Applicability of State law to vehicle operation.

    Any person operating a vehicle within Reclamation lands or 
Reclamation projects is subject to State laws in effect at the time.


Sec. 423.6  Restrictions on weapons.

    (a) Carrying or possessing a weapon in violation of applicable 
Federal or State law is prohibited.
    (b) Discharge of a weapon, except where allowed by State law, is 
prohibited.
    (c) Authorized Federal, State, local and tribal law enforcement 
officers may carry and use weapons in the performance of their official 
duties.


Sec. 423.7  Prohibition of disorderly conduct.

    Disorderly conduct is prohibited.


Sec. 423.8  Prohibition on interfering with agency functions.

    The following are prohibited:
    (a) Threatening, resisting, intimidating, or intentionally 
interfering with a government employee or agent engaged in an official 
duty, or on account of the performance of an official duty;
    (b) Violating the lawful order of a government employee or agent 
authorized to maintain order and control public access and movement 
during law enforcement actions, and emergency operations that involve a 
threat to public safety or Reclamation resources, or other activities 
where the control of public movement and activities is necessary to 
maintain order and public safety;
    (c) Knowingly giving a false or fictitious report or other false 
information to an authorized person investigating an accident or 
violation of law or regulation; and
    (d) Knowingly giving a false report or false information for the 
purpose of misleading a government employee or agent in the conduct of 
official duties.


Sec. 423.9  Prohibition of explosives.

    Using, possessing, storing, or transporting explosives, blasting 
agents, or explosive materials is prohibited except as allowed by State 
and Federal law and as authorized by Reclamation.


Sec. 423.10  Criminal penalty for violations of this part.

    In accordance with Section 1(b) of Public Law 107-69, anyone 
responsible for violation of the provisions of this part is subject to 
a fine under subchapter 227, subchapter C of title 18 United States 
Code, can be imprisoned for not more than 6 months, or both.

[FR Doc. 02-9373 Filed 4-16-02; 8:45 am]
BILLING CODE 4310-MN-P