[Federal Register Volume 71, Number 196 (Wednesday, October 11, 2006)]
[Notices]
[Pages 59811-59814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16709]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CO-910-06-7122-PN-C002]


Notice of Proposed Amended Supplementary Rules for Public Land 
Administered by the Bureau of Land Management in Colorado Relating to 
the Unlawful Use of Alcohol by Underage Persons, Driving Under the 
Influence of Alcohol and/or Drugs, and Firearms and Drug Paraphernalia 
Use and Possession on Public Land

AGENCY: Bureau of Land Management, Interior.

[[Page 59812]]


ACTION: Proposed amended supplementary rules for public land within the 
State of Colorado.

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SUMMARY: The Bureau of Land Management (BLM) is proposing to amend the 
supplementary rules established in 2003 (68 FR 1858, January 14, 2003) 
for the public lands within the State of Colorado. The rules relate to 
the illegal use of alcohol and drugs on the public lands. The amended 
supplementary rules are necessary to protect natural resources and the 
health and safety of public land users. These amended supplementary 
rules will allow BLM personnel to continue enforcement of existing 
public land regulations pertaining to alcohol and drug use in a manner 
consistent with current state laws as contained in the Colorado Revised 
Statutes.

DATES: Comments on the proposed supplementary rules must be received or 
postmarked by December 11, 2006 to be assured consideration. In 
developing final supplementary rules, BLM may not consider comments 
postmarked or delivered in person or by electronic mail after this 
date.

ADDRESSES: You may submit comments by the following methods:
    Mail or hand-delivery: Bureau of Land Management, Colorado State 
Office, 2850 Youngfield Street, Lakewood, Colorado 80215.
    Internet e-mail: http://[email protected] (Include 
Attn: Dorothy Bensusan in your subject line).
    Federal eRulemaking Portal: http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Dorothy Bensusan, Bureau of Land 
Management, 2850 Youngfield Street, Lakewood, Colorado 80215, telephone 
(303) 239-3893. 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. Procedural Matters

I. Public Comment Procedures

Electronic Access and Filing Address

    You may also comment via the Internet to http://[email protected]. Please also include your name and return address in your 
Internet message, and include ``attn: Dorothy Bensusan.''
    You also may comment via the Internet by accessing the Federal 
eRulemaking Portal at http://www.regulations.gov and following the 
instructions there.

Written Comments

    Written comments on the proposed amended supplementary rules should 
be specific, confined to issues pertinent to the proposed amendments, 
and should explain the reason for any recommended change. Where 
possible, comments should reference the specific section or paragraph 
of the proposal which the comment is 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), unless they are postmarked or electronically dated 
before the deadline, or comments delivered to an address other than 
those listed above (see ADDRESSES).
    Comments, including names, street addresses, and other contact 
information of respondents, will be available for public review at 2850 
Youngfield Street, Lakewood, CO 80215, during regular business hours 
(7:45 a.m. to 3:45 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 BLM, Colorado, published final supplementary rules in 2003 that 
prohibited certain activities related to drug and alcohol use on public 
lands in the state. Since that publication, state legislation has been 
passed that is more restrictive in several of these areas, and as a 
result the existing supplemental regulations are no longer in 
concurrence with state law. These amended supplementary rules will 
correct this, and further promote consistency between the BLM and other 
agencies including Colorado Division of Wildlife, Colorado State Parks, 
Colorado State Patrol, and various County Sheriff Offices where working 
relationships and partnerships in public land management exist.
    In keeping with the BLM's performance goal of reducing threats to 
public health, safety, and property, these amended supplementary rules 
are necessary to protect natural resources and allow for safe public 
recreation and public health; to reduce the potential for damage to the 
environment; and to enhance the safety of visitors and neighboring 
residents. Alcohol-related offenses are a growing problem on the public 
lands. Unlawful consumption of alcohol and drugs poses a significant 
health and safety hazard to all users. Operation of motor vehicles 
while under the influence of alcohol or drugs can result in the 
destruction of natural resources and property, and/or serious physical 
injury or death. Of special concern is the use of firearms by persons 
under the influence of alcohol or drugs, or in violation of state law. 
Vandalism to public land resources as a result of firearm use, and the 
clear risks to public safety, demonstrate the need for greater 
regulation of these activities. Possession of drug paraphernalia has 
frequently been linked to other illegal use of controlled substances, 
including cultivation, manufacture, or possession for distribution. The 
BLM, in keeping with the National Drug Control policy, intends to 
continue efforts towards the reduction of illegal use of controlled 
substances on public lands. These amended supplementary rules will 
provide an avenue for consistent application and enforcement of alcohol 
and drug regulations on public lands, further enhancing public safety 
by all public land users.

III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These proposed amended supplementary rules are not a significant 
regulatory action and are not subject to review by the Office of 
Management and Budget under Executive Order 12866. These amended rules 
will not have an effect of $100 million or more on the economy. 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 amended supplementary rules do not alter the budgetary effects of 
entitlements, grants, user fees, or loan programs or the right or 
obligations of

[[Page 59813]]

their recipients; nor do they raise novel legal or policy issues. The 
amended supplementary rules would merely revise the existing 
supplementary rules for greater consistency with the Colorado Revised 
Statutes, as applied to public land management. They prohibit unlawful 
personal behavior on public lands in order to protect public health and 
safety, and natural resources.

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 to your understanding of the proposed supplementary 
rules? How could this description be more helpful in making the 
proposed 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) 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 will 
enable BLM law enforcement personnel to cite persons for unlawful 
possession/use of alcohol or drugs on public lands, in order to protect 
public health, safety, and the environment. 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. 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 Written Comments section, above.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act of 1980, as 
amended, 5 U.S.C. 601-612, (RFA) 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 proposed supplementary rules 
do not pertain specifically to commercial or governmental entities of 
any size, but contain rules to protect the health and safety of 
individuals, property, and resources on the 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 under 5 
U.S.C. 804(2). Again, the supplementary rules pertain only to 
individuals who may wish to use alcohol or drugs on the public lands. 
In this respect, the regulation of such use is necessary to protect the 
public lands and facilities and those, including small business 
concessionaires and outfitters, who use them. The supplementary rules 
have no effect on business, commercial, or industrial use of the public 
lands.

Unfunded Mandates Reform Act

    These proposed 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 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. The supplementary rules do not address property rights in any 
form, and do not cause the impairment of anyone's property rights. 
Therefore, the Department of the Interior has determined that the 
proposed supplementary rules would not cause a taking of private 
property or require further discussion of takings implications under 
this Executive Order.

Executive Order 13132, Federalism

    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. The 
supplementary rules apply in only one state, Colorado, and do not 
address jurisdictional issues involving the Colorado State government. 
Therefore, in accordance with Executive Order 13132, BLM has determined 
that these proposed supplementary rules do not have sufficient 
Federalism implications to warrant preparation of a Federalism 
Assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, Colorado State Office of BLM has 
determined that these proposed supplementary rules would not unduly 
burden the judicial system and that they meet the requirements of 
sections 3(a) and 3(b)(2) of the Order. They merely update the existing 
supplementary rules to conform with changed state laws.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with E.O. 13175, we have found that these proposed 
supplementary rules do not include policies that have Tribal 
implications. Since the rules do not change BLM policy and do not 
involve Indian reservation lands or resources, we have determined that 
the government-to-government relationships should remain unaffected. 
The supplementary rules only prohibit the illegal use of alcoholic 
beverages and controlled substances, and regulate the use of firearms, 
on public lands, in conformance with state law.

Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    These proposed supplementary rules do not comprise a significant 
energy action. The rules will not have an adverse effect on energy 
supplies, production, or consumption. They only address use of 
alcoholic beverages,

[[Page 59814]]

drugs, and firearms on public lands, and have no conceivable connection 
with energy policy.

Paperwork Reduction Act

    These proposed 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 proposed supplementary rules is State 
Staff Ranger Dorothy Bensusan, Colorado State Office, Bureau of Land 
Management.
    For the reasons stated in the Preamble, and under the authority of 
43 CFR 8365.1-6, the Colorado State Director, Bureau of Land 
Management, proposes supplementary rules for public lands in Colorado, 
to read as follows:

Supplementary Rules on Public Lands in Colorado

    A. You must not violate any state laws relating to the purchase, 
possession, use, or consumption of alcohol.
    B. You must not operate a motor vehicle while under the influence 
of alcohol, in violation of any state law.
    C. You must not possess any drug paraphernalia, in violation of any 
state law.
    D. You must not possess or discharge a firearm or explosive device 
in violation of any state law.
    E. 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), any 
person who violates any of these supplementary rules on public lands 
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 enhanced fines provided for by 18 
U.S.C. 3571.

Sally Wisely,
Colorado State Director, Bureau of Land Management.
[FR Doc. E6-16709 Filed 10-10-06; 8:45 am]
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