[Federal Register Volume 69, Number 94 (Friday, May 14, 2004)]
[Notices]
[Pages 26882-26883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10919]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[OR-035-1430-NJ]


Supplementary Rules for Public Lands in Umatilla County, OR

AGENCY: Oregon State Office, Bureau of Land Management, Interior.

ACTION: Interim final supplementary rule.

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SUMMARY: The Bureau of Land Management (BLM) is publishing interim 
final supplementary rules regulating conduct on specific public lands 
in Umatilla County, Oregon, on and in the immediate vicinity of 
Umatilla Butte. The supplementary rules notify the public that certain 
unauthorized roads will be closed and that some activities will no 
longer be allowed, including: motor vehicle operation, discharge of 
firearms, possessing or igniting fireworks, and building, starting or 
maintaining any fire. The public is welcome to visit Umatilla Butte, 
but we have determined that certain illegal activities must be 
curtailed for the public to visit in safety.

DATES: The interim final supplementary rules are effective May 14, 
2004. You must submit your comments to BLM at the appropriate address 
below on or before July 13, 2004. BLM will not necessarily consider any 
comments received after the above date in making its decisions on the 
final rule.

ADDRESSES: Address all comments concerning this rule to: Field Office 
Manager, Bureau of Land Management, Baker City Field Office, 3165 10th 
Street, Baker City, Oregon 97814.
    Direct internet response: http://[email protected].

FOR FURTHER INFORMATION CONTACT: Baker City Field Office Manager Penny 
Dunn-Woods, at 541-523-1256. Persons who use a telecommunications 
device for the deaf (TDD) may contact this individual by calling the 
Federal Information Relay Service (FIRS) at (800) 877-8339, 24 hours a 
day, 7 days a week.

SUPPLEMENTARY INFORMATION:

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

I. Public Comment Procedures

Electronic Access and Filing Address

    You may view an electronic version of this rule at BLM's Internet 
home page: www.blm.gov. You may comment via the Internet by accessing 
our automated commenting system located at www.blm.gov/nhp/news/regulatory/index.html and following the instructions there. Please also 
include your name and return address in your Internet message. If you 
do not receive a confirmation that we have received your electronic 
message, contact us directly at 541-523-1256.

Written Comments

    Written comments on the rule should be specific, confined to issues 
pertinent to the rule, and should explain the reason for any 
recommended change. Where possible, comments should reference the 
specific section or paragraph of the proposal which the commenter is 
addressing. BLM may not necessarily consider or include in the 
Administrative Record for the final rule comments which BLM receives 
after the close of the comment period (See DATES) or comments delivered 
to an address other than those listed above (See ADDRESSES).
    Comments, including names, streets addresses, and other contact 
information of respondents, will be available for public review at 
Bureau of Land Management, Baker Field Office, 3165 10th St., Baker 
City, OR 97814 during regular business hours (7:45 a.m. to 4:30 p.m.), 
Monday through Friday, except Federal holidays. Individual respondents 
may request confidentiality. If you wish to request that BLM consider 
withholding your name, street address, and other contact information 
(such as: Internet address, FAX or phone number) from public review or 
from disclosure under the Freedom of Information Act, you must state 
this prominently at the beginning of your comment. BLM will honor 
requests for confidentiality on a case-by-case basis to the extent 
allowed by law. BLM will make available for public inspection in their 
entirety all submissions from organizations or businesses, and from 
individuals identifying themselves as representatives or officials of 
organizations or businesses.

II. Background

    The Bureau of Land Management (BLM) manages property in Umatilla 
County, Oregon known as Umatilla Butte. The legal description for the 
butte is: Township 5 North, Range 28 East, East \1/2\ East \1/2\ of 
Section 28, of the Willamette Meridian. This location is just west of 
the community of Charleston, which is north of Hermiston, Oregon. 
Scattered housing is found in close proximity to the butte on the west, 
east, and south sides. Paved and gravel roads circle the butte. Several 
unauthorized ``roads'' have evolved on the butte, usually leading to 
trash dumping or firearms shooting sites.
    Illegal activities on the butte have resulted in numerous 
complaints to BLM from neighbors, officials from Umatilla County, and 
the Umatilla County Sheriff's Department. These activities have 
included: trash dumping (household, batteries, tires), methamphetamine 
lab dumping (seven sites alone were found in 2001), vehicle oil 
changing, abandoned vehicles, and fires. Firearms target shooting has 
resulted in bullets impacting around residences, on other private 
property, and near hikers in the area. Fires in the dump areas have the 
potential to burn hazardous materials and produce toxic fumes. The 
methamphetamine lab dump sites include discarded propane tanks which 
also pose a significant health and safety risk if engulfed in a fire.
    The primary means for illegal dumping, including methamphetamine 
lab waste, is through the use of motorized vehicles. Vehicles are 
driven onto the butte using illegal roads and even by creating new 
roads and routes in order to access dumping sites. This activity also 
causes undue erosion of the butte, which in turn has the potential of 
creating additional hazards to those driving on these illegal roads, to 
the resource, others using the butte and to land owners nearby.
    Because motorized vehicles facilitate the ability to accomplish 
most of the illegal dumping and start fires, this rule would close the 
butte to motorized vehicles. Foot and non-motorized access is still 
allowed and encouraged.

III. Discussion of Rule

Why Is This Rule Being Published as Interim Final?

    Because of significant health and safety risks to the public caused 
by activities that this rule would prohibit, including risks both to 
visitors to Umatilla Butte and residents in the

[[Page 26883]]

immediate area of the butte, BLM needs to curtail certain dangerous 
activities. The Umatilla County Sheriff's Office and the adjacent land 
owners are requesting that the BLM take immediate and aggressive action 
to stop these behaviors.
    Because of the immediate and ongoing hazards to the public's health 
and safety and because of the need to protect natural resources from 
continued hazardous materials dumping, erosion, and fires, we find good 
cause to publish these rules as interim final, effective May 14, 2004, 
and allowing 60 days for public comment.

IV. Procedural Matters

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

    The rule does not represent a government action capable of 
interfering with Constitutionally protected property rights. Therefore, 
the Department of the Interior has determined that the rule would not 
cause a taking of private property or require further discussion of 
takings implications under this Executive Order.

Executive Order 13132, Federalism [Replaces Executive Orders 12612 and 
13083.]

    The rule will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. Therefore, in accordance with Executive Order 
13132, BLM has determined that this rule does not have sufficient 
Federalism implications to warrant preparation of a Federalism 
Assessment.

Executive Order 12988, Civil Justice Reform

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

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments [Replaces Executive Order 13084]

    In accordance with Executive Order 13175, we have found that this 
final rule does not include policies that have tribal implications.

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 this interim final rule is Tom Averett, 
Baker Field Office, Baker City, Oregon assisted by Jim Huff, Oregon 
State Office, BLM.
    For the reasons stated in the preamble, and under the authority of 
43 CFR 8365.1-6 Supplementary Rules, the Oregon/Washington State 
Director, Bureau of Land Management, issues supplementary rules for 
public lands in the area known as Umatilla Butte, to read as follows:

Sec. 1 Prohibited acts.

    (a) Prohibited acts. Within the area you must not:
    (1) Operate any motorized vehicle.
    (2) Discharge any firearm.
    (3) Start, build or maintain any fire.
    (4) Light or discharge any fireworks or incendiary devices.
    (b) Exemptions. The following are exempt from prosecution under the 
prohibited acts:
    1. Any person operating a motorized vehicle on a publicly 
maintained State or County road;
    2. Any Federal, State or local officer or employee in the scope of 
their duties;
    3. Members of any organized rescue or fire-fighting force in the 
performance of official duty; and
    4. Any person authorized in writing by BLM.

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 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, Bureau of Land Management.
[FR Doc. 04-10919 Filed 5-13-04; 8:45 am]
BILLING CODE 4310-33-P