[Federal Register Volume 69, Number 126 (Thursday, July 1, 2004)]
[Notices]
[Pages 39957-39959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14881]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NM-090-9922-EK]


Supplemental Rule Requiring Permits To Enter Bureau of Land 
Management (BLM) Lands in Potter County, TX

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of supplementary rule.

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SUMMARY: The BLM's Amarillo Field Office is issuing a supplementary 
recreational permit rule. This rule is being issued to protect the 
unique natural resources present on BLM lands known as the Cross Bar 
from damage through over use by the public. On those public lands 
administered by the BLM in Potter County, Texas (Sections 33, 34, 35, 
36, 37, 38, 39, 40, 41, 42, 43, 45, and 48 in Block 5 of G.M. Survey; 
Sections 1, 3, and 4 in Block 4 of G.M. Survey; Sections 19, 21, 27, 
29, and 35 in Block 21-W of G.C.&S.F.R.R. Survey), it is prohibited for 
members of the public to enter without permit authorization.

FOR FURTHER INFORMATION CONTACT: Paul Tanner, Natural Resource 
Specialist, BLM, Amarillo Field Office, 801 S. Fillmore Street, Suite 
500, Amarillo, Texas 79101-3545, (806) 356-1008.

Discussion of the Supplementary Rule

    This supplemental rule is to protect the unique natural resources 
present on the Cross Bar from damage through over use by the public. 
Cross Bar is approximately 12,000 acres of BLM lands acquired from 
Humble Oil and

[[Page 39958]]

Refining Company on March 6, 1931, under the Acts of February 15, 1928, 
and January 25, 1929, which gave the Department of the Interior 
approval to acquire helium land to produce and transport helium gas. 
Due to the elimination of the Bureau of Mines (BOM) in 1997, the Helium 
Operations was transferred to the BLM. Thus management of these 
acquired lands and minerals then came under the authority of the 
Federal Land Policy and Management Act. Totally surrounded by private 
lands the Cross Bar BLM lands overlie an active gas field and helium 
storage dome. The Cross Bar property was completely closed to all 
public use from its 1931 acquisition until 1997 when the U.S. BOM 
Office in Amarillo, Texas, became part of the BLM. In spite of there 
being no legal physical access to the property, approximately 10,000 
visitor-days use occur there each year. The Cross Bar is the only BLM-
managed land in the State of Texas. Amarillo and its metropolitan area 
has a population of over 200,000 individuals and is only a 20-minute 
drive from the property. Unlimited public access to the Cross Bar 
property could cause unacceptable impacts by the public in a short 
period of time. The Cross Bar is adjacent to a highly utilized off-
highway vehicle (OHV) area on the Canadian River owned by the State of 
Texas. The public utilizing the Canadian Riverbed for OHV purposes 
frequently cuts fences and drives their OHV's onto the Cross Bar lands. 
Large numbers of people walk onto the property from the river during a 
variety of hunting seasons. In order to control numbers and prevent 
over use of this unique area, BLM proposes to allow public access only 
under a closely controlled and monitored permit system.

Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    This supplementary rule is not a significant regulatory action and 
is not subject to review by the Office of Management and Budget under 
Executive Order 12866. This supplementary rule will not have an effect 
of $100 million or more on the economy. It 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. This supplementary rule will not create a 
serious inconsistency or otherwise interfere with an action taken or 
planned by another agency. This supplementary rule does not alter the 
budgetary effects of entitlements, grants, user fees, or loan programs 
or the right or obligations of their recipients; nor does it raise 
novel legal or policy issues. The supplementary rule simply requires 
the public to acquire a permit prior to recreating on the Cross Bar BLM 
lands to protect natural and cultural resources.

Clarity of the Regulations

    Executive Order 12866 requires each agency to write regulations 
that are simple and easy to understand. We invite your comments on how 
to make this supplementary rule easier to understand, including answers 
to questions such as the following:
    1. Are the requirements in the supplementary rule clearly stated?
    2. Does the supplementary rule contain technical language or jargon 
that interferes with their clarity?
    3. Does the format of the supplementary rule (grouping and order of 
sections, use of headings, paragraphing, etc.) aid or reduce clarity?
    4. Is the description of the supplementary rule in the 
SUPPLEMENTARY INFORMATION section of this preamble helpful in 
understanding the supplementary rule? How could this description be 
more helpful in making the supplementary rule easier to understand?
    Please send any comments you have on the clarity of the rule to the 
address specified in the FOR FURTHER INFORMATION CONTACT section.

National Environmental Policy Act

    The environmental effects of the proposed rule have been analyzed 
separately by Environmental Assessment 090-2004-002 dated April 2004 
that anticipates this supplementary rule. In this document, BLM found 
that the supplementary 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 
(NEPA), 42 U.S.C. 4332(2)(C). The Finding of No Significant Impact was 
signed April 12, 2004. A detailed statement under NEPA is not required. 
The BLM has placed the Environmental Assessment and the Finding of No 
Significant Impact on file in the BLM Administrative Record at the 
address specified in the FOR FURTHER INFORMATION CONTACT section.

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. This supplementary rule simply 
requires the public to obtain a permit prior to recreating on the Cross 
Bar BLM lands to protect natural and cultural resources, and does not 
affect commercial or business activities of any kind. Therefore, BLM 
has determined under the RFA that this supplementary rule would not 
have a significant economic impact on a substantial number of small 
entities.

Small Business Regulatory Enforcement Fairness Act

    This supplementary rule is not a ``major rule'' as defined at 5 
U.S.C. 804(2). The supplementary rule requires the public to obtain a 
permit prior to recreating on the Cross Bar BLM lands to protect 
natural and cultural resources, and does not affect commercial or 
business activities of any kind.

Unfunded Mandates Reform Act

    This supplementary rule does not impose an unfunded mandate on 
State, local, or tribal governments or the private sector of more than 
$100 million per year; nor does it have a significant or unique effect 
on State, local, or tribal governments or the private sector. The 
supplementary rule requires the public to obtain a permit prior to 
recreating on the Cross Bar BLM lands to protect natural and cultural 
resources, and does not affect tribal, commercial, or business 
activities of any kind. Therefore, the 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 rule does not represent a Government action 
capable of interfering with Constitutionally-protected property rights. 
It requires the public to acquire a permit prior to recreating on the 
Cross Bar BLM lands to protect natural and cultural resources, and does 
not affect anyone's property rights. Therefore, the Department of the 
Interior has determined that this rule will not cause a taking of 
private property or require further discussion of takings implications 
under this Executive Order.

[[Page 39959]]

Executive Order 13132, Federalism

    The supplementary 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. The supplementary rule does not come into 
conflict with any state law or regulation. Therefore, in accordance 
with Executive Order 13132, the BLM has determined that the 
supplementary 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 will 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 the 
supplementary rule does not include policies that have tribal 
implications. None of the lands included in this rule affects Indian 
lands or Indian rights.

Paperwork Reduction Act

    The supplementary rule does 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. The 
information collection requirements contained in this rule are exempt 
from the provisions of the Paperwork Reduction Act of 1995, 44 U.S.C. 
3518(c)(1). Federal criminal investigations or prosecutions may result 
from this rule and are exempt from the Paperwork Reduction Act.

Authors

    The principal author of this supplementary rule is Paul W. Tanner, 
Natural Resource Specialist for the Bureau of Land Management.

Supplementary Rule

    Under 43 CFR 8365.1-6, the BLM will enforce the following rule on 
public lands in Potter County, Texas:
    1. On those public lands administered by the BLM in Potter County, 
Texas (Sections 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 45, and 48 
in Block 5 of G. M. Survey; Sections 1, 3, and 4 in Block 4 of G.M. 
Survey; Sections 19, 21, 27, 29, and 35 in Block 21-W of G.C.& S.F.R.R. 
Survey), it is prohibited for members of the public to enter without 
permit authorization.
    2. Permits will be available at the BLM, Amarillo Field Office, 801 
S. Fillmore St., Suite 500, Amarillo, Texas, from Monday through 
Friday, 7:30 a.m. to 4:30 p.m. The permits will be for day use only, 
but use can be for any day of the week. Until such time as legal 
physical access is acquired to the Cross Bar BLM lands, the permits 
will only cover use by the recreating public willing to walk into the 
property from the Canadian River.
    3. This special rule is in addition to existing rules and 
regulations previously established under title 43 CFR, as well as other 
Federal laws applicable to the use of public lands.

Penalties

    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, if you violate this 
supplementary rule on public lands within the boundaries established in 
the rule, you 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.

    Dated: May 19, 2004.
Carsten F. Goff,
Acting State Director.
[FR Doc. 04-14881 Filed 6-30-04; 8:45 am]
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