[Federal Register Volume 70, Number 144 (Thursday, July 28, 2005)]
[Notices]
[Pages 43713-43715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14941]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[OR-090-03-0158; HAG 05-0084]


Final Supplementary Rules for Public Land Within the West Eugene 
Wetlands, Eugene District, OR

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of final supplementary rules.

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SUMMARY: The Bureau of Land Management (BLM)'s Siuslaw Resource Area is 
publishing these final supplementary rules for use on public lands 
within the West Eugene Wetlands in the Siuslaw Resource Area, Eugene 
District, Lane County, Oregon. The final supplementary rules address 
issues of conduct for such things as occupancy, motor vehicle use, 
firearms and campfires. The final supplementary rules are needed in 
order to protect the area's natural resources and provide for public 
health and safety. The rules are needed in order to promote consistency 
with the ordinances that govern adjacent City of Eugene lands.

EFFECTIVE DATE: July 28, 2005.

ADDRESSES: Personal delivery: BLM, Siuslaw Resource Area, 2890 Chad 
Drive, Eugene, Oregon, 97408; Mail: BLM, Siuslaw Resource Area/Field 
Office, at P.O. Box 10226, Eugene, Oregon, 97440-2226; or Internet e-
mail: [email protected].

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

I. Background
II. Discussion of the Supplementary Rules
III. Procedural Matters

I. Background

    A ``Notice of Proposed Establishment of Supplementary Rules'' was 
published in the Federal Register on September 30, 2003 (68 FR 56310). 
The notice provided for a thirty day comment period that ended on 
October 30, 2003. We received no comments on the proposed supplementary 
rules.

II. Discussion of the Supplementary Rules

    These final supplementary rules 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 apply 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.
    In accordance with the Administrative Procedure Act, 5 U.S.C. 
553(d)(3), BLM for good cause finds it necessary to make these 
supplementary rules effective the date of publication. Due to the 
current extraordinary drought conditions in Oregon, it is essential 
that the fire control measures in the supplementary rules be effective 
immediately. Further, the supplementary rules are not controversial; no 
comments were received during the public comment period.
    Private Lands: This order is in no way intended to affect the legal 
rights, or existing rights-of-way, of adjacent private land owners.

III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These final 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 final 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 final supplementary rules will 
not create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency. The final 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.

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,

[[Page 43714]]

Access and Environmental Education Plan, and has found that the final 
supplementary rules do 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://frwebgate.access.gpo.gov /
cgibin/leaving.cgi?from=leavingFR.html& log=linklog&to=http://www.edo.or.blm.gov/nepa/ea_archive.htm.

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 final supplementary rules will 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 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 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 final 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 will 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 final 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 
final 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 final supplementary rules 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 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, 2890 Chad Drive, Eugene, Oregon 97408, telephone (541) 683-6600.

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.

[[Page 43715]]

    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.
    On public lands fitting the criteria in the Sikes Act (16 U.S.C. 
670), under section 303(a) of the Federal Land Policy and Management 
Act of 1976, 43 U.S.C. 1733(a) and 16 U.S.C. 670j(a)(2), any person who 
violates any of these supplementary rules on public lands within the 
boundaries established in the rules may be tried before a United States 
Magistrate and fined no more than $500.00 or imprisoned for no more 
than six months, or both. Such violations may also be subject to the 
enhanced fines provided for by 18 U.S.C. 3571.

Elaine M. Brong,
State Director, Oregon State Office, Bureau of Land Management.
[FR Doc. 05-14941 Filed 7-27-05; 8:45 am]
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