[Federal Register Volume 68, Number 189 (Tuesday, September 30, 2003)]
[Notices]
[Pages 56310-56312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24668]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[OR-090-03-0158]


Notice of Proposed Supplementary Rules on Public Land In Oregon

AGENCY: Bureau of Land Management, Eugene District, Oregon.

ACTION: Proposed supplementary rules for public land within the West 
Eugene Wetlands, Eugene District, Oregon.

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SUMMARY: The Bureau of Land Management (BLM)'s Siuslaw Resource Area is 
proposing supplementary rules. These rules will apply to the public 
lands within the West Eugene Wetlands in the Siuslaw Resource Area, 
Eugene District, Lane County, Oregon. The rules are needed in order to 
protect the area's natural resources and provide for public health and 
safety.

DATES: You should submit your comments by October 30, 2003. In 
developing final rules, BLM may not consider comments postmarked or 
received in person or by electronic mail after this date.

ADDRESSES: You may comment on the proposed supplementary rules in 3 
ways.
    Personal delivery: Bureau of Land Management, Siuslaw Resource 
Area, 2890 Chad Drive, Eugene, Oregon, 97408;
    Mail: Bureau of Land Management, Siuslaw Resource Area/Field 
Office, at P.O. Box 10226, Eugene, Oregon, 97440-2226; or Internet 
email: [email protected].

FOR FURTHER INFORMATION CONTACT: Steve Calish, Siuslaw Resource Area 
Manager, 2890 Chad Drive, Eugene, Oregon, 97408, telephone (541) 683-
6600.

I. Public Comment Procedures
II. Discussion of the Supplementary Rules
III. Procedural Matters

I. Public Comment Procedures

    Please submit your comments on issues related to the proposed 
supplementary rules, in writing, according to the ADDRESSES section 
above. Comments on the proposed supplementary rules should be specific, 
should be confined to issues pertinent to the proposed 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 rule 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 Siuslaw Resource Area address listed 
in ADDRESSES above during regular business hours (7:45 a.m. to 4:15 
p.m., Monday through Friday, except Federal holidays).
    Under certain conditions, BLM can keep your personal information 
confidential. You must prominently state your request for 
confidentiality at

[[Page 56311]]

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. Discussion of the Supplementary Rules

    These rules will apply to the public lands within the West Eugene 
Wetlands, including any lands acquired within the described lands 
subsequent to the adoption of these rules. The West Eugene Wetlands is 
located in the southern Willamette Valley, in and immediately west of 
the City of Eugene, Oregon, within Sections 27, 28, 29, 30, 31, 32, 33, 
34 and 35 of Township 17 South, Range 4 West of the Willamette 
Meridian, and sections 4 and 5 of Township 18 South, Range 4 West of 
the Willamette Meridian. These rules will be applicable to BLM lands 
located south of Royal Avenue only. BLM has determined these rules 
necessary to protect the area's natural resources and to provide for 
safe public recreation, public health, and reduce the potential for 
damage to the environment and to enhance the safety of visitors and 
neighboring residents.

III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    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 contain rules of personal conduct for 
public use of certain public lands. 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 proposed supplementary rules will not 
create a serious inconsistency or otherwise interfere with an action 
taken or planned by another agency. The supplementary rules do not 
alter the budgetary effects of entitlements, grants, user fees, or loan 
programs or the right or obligations of their recipients; nor do they 
raise novel legal or policy issues.

Clarity of the Supplementary Rules

    Executive Order 12866 requires each agency to write regulations 
that are simple and easy to understand. We invite your comments on how 
to make these proposed supplementary rules easier to understand, 
including answers to questions such as the following:
    (1) Are the requirements in the proposed supplementary rules 
clearly stated?
    (2) Do the proposed supplementary rules contain technical language 
or jargon that interferes with their clarity?
    (3) Does the format of the proposed 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?
    (5) Is the description of the proposed supplementary rules in the 
SUPPLEMENTARY INFORMATION section of this preamble helpful in 
understanding the proposed supplementary rules? How could this 
description be more helpful in making the supplementary 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) designated EA-08-
01, dated June 18, 2001, which covers the West Eugene Wetlands 
Recreation, Access and Environmental Education Plan, and has found that 
the proposed 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 merely contain 
rules of conduct for certain lands in Oregon. These rules are designed 
to protect the environment and the public health and safety. 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. It can also be found at http://www.edo.or.blm.gov/nepa/ea_archive.htm. 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 ``Public comment procedure'' 
section above.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act (RFA) of 1980, as 
amended, 5 U.S.C. 601-612, to ensure that Government regulations do not 
unnecessarily or disproportionately burden small entities. The RFA 
requires a regulatory flexibility analysis if a rule would have a 
significant economic impact, either detrimental or beneficial, on a 
substantial number of small entities. The supplementary rules do not 
pertain specifically to commercial or governmental entities of any 
size, but merely contains rules of personal conduct for public 
recreational use of specific public lands. Therefore, BLM has 
determined under the RFA that these proposed 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 merely 
contain rules of conduct for recreational use of certain public lands. 
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 proposed supplementary rules have a 
significant or unique effect on state, local, or tribal governments or 
the private sector. The supplementary rules do not require anything of 
state, local, or tribal governments. Therefore, BLM is not required to 
prepare a statement containing the information required by the Unfunded 
Mandates Reform Act (2 U.S.C. 1531 et seq.)

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

    The proposed supplementary rules do not represent a government 
action capable of interfering with constitutionally protected property 
rights because all rules are only effective on public lands. Therefore, 
the Department of the Interior has determined that the rule would not 
cause a taking of private property or require further discussion of 
takings implications under this Executive Order.

[[Page 56312]]

Executive Order 13132, Federalism (Replaces Executive Orders 12612 and 
13083)

    The proposed 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. Therefore, in 
accordance with Executive Order 13132, BLM has determined that this 
proposed supplementary rules does not have sufficient Federalism 
implications to warrant preparation of a Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the Office of the Solicitor has 
determined that this proposed 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.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, we have found that this 
final rule does not include policies that have tribal implications. The 
supplementary rules would not apply to Indian lands or resources, or 
trust lands or resources.

Paperwork Reduction Act

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

Author

    The principal author of these supplementary rules is Pat Johnston, 
wetlands project manager, Bureau of Land Management, Siuslaw Resource 
Area.

Supplementary Rules for the West Eugene Wetlands

    Sec. 1 Rules of conduct: Under 43 CFR 8365.1-6, the Bureau of Land 
Management will enforce the following rules on the public lands within 
the West Eugene Wetlands, Siuslaw Resource Area, Eugene District 
Office, Oregon. You must follow these rules:
    a. You must not litter.
    b. You must not enter areas that are posted or otherwise 
delineated, fenced, or barricaded to close them to public use.
    c. You must not use or occupy any area one hour after sunset 
through one hour before sunrise, unless you are traveling on the Fern 
Ridge Bike Path.
    d. You must not discharge fireworks, firearms, air guns, slingshots 
or use any other projectile launching device.
    e. You must not leave personal property unattended.
    f. You must not use or operate motorized vehicles on the Fern Ridge 
Bike Path, or operate motorized or non-motorized vehicles off those 
roads or paths or parking areas specifically designated for vehicle 
use. Motor vehicles being used by duly authorized emergency response 
personnel, including police, ambulance and fire suppression, as well as 
BLM or BLM-authorized vehicles being used for official duties, are 
excepted.
    g. You must not build or use campfires or other open flame fires. 
You must not smoke when it is determined by the authorized officer that 
smoking must be prohibited to protect natural resources and/or adjacent 
properties from wildfire hazard.
    h. You must not possess, disturb, or collect any natural resource 
unless specifically permitted by the authorized officer.
    i. You must not allow entry of pets or livestock into areas closed 
to pet or livestock use. Livestock are not permitted south of Royal 
Avenue. Pets must be restrained on a leash not to exceed six feet in 
length or be physically restricted at all times. Pet owners must clean 
up pet waste and pack it out or dispose of in garbage receptacle.
    j. You must not possess or consume alcoholic beverages.
    k. You must not possess glass beverage containers.
    Sec. 2 Penalties: On public lands, under section 303(a) of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1733(a)) and 
43 CFR 8360.0-7 any person who violates any of these supplementary 
rules within the boundaries established in the rules may be tried 
before a United States Magistrate and fined no more than $1,000 or 
imprisoned for no more than 12 months, or both. Such violations may 
also be subject to the enhanced fines provided for by 18 U.S.C. 3571.

Elaine M. Brong,
Oregon State Director.
[FR Doc. 03-24668 Filed 9-29-03; 8:45 am]
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