[Federal Register Volume 87, Number 222 (Friday, November 18, 2022)]
[Rules and Regulations]
[Pages 69204-69206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25015]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 8360

[LLORN03000.L63000000.HD0000. 22X.241A.HAG 22-0018]


Final Supplementary Rule for Public Lands in the Lower Lake Creek 
Falls Special Recreation Management Area, Lane County, OR

AGENCY: Bureau of Land Management, Interior.

ACTION: Final supplementary rule.

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SUMMARY: The Bureau of Land Management (BLM) Oregon/Washington State 
Director is finalizing a supplementary rule prohibiting the use and 
possession of alcoholic beverages in the Lower Lake Creek Falls Special 
Recreation Management Area (SRMA).

DATES: This final supplementary rule is effective on December 19, 2022.

ADDRESSES: Inquiries may be directed to the BLM Northwest Oregon, 
Siuslaw Field Office at (541) 683-6600 or 3106 Pierce Pkwy., E 
Springfield, OR 97477. The final supplementary rule and accompanying 
environmental documents are available for inspection at the BLM 
Northwest Oregon, Siuslaw Field Office and on the ePlanning website at: 
https://eplanning.blm.gov/eplanning-ui/project/67998/510.

FOR FURTHER INFORMATION CONTACT: Morgan Schneider, Team Lead, 
Telephone: (541) 683-6407, email: [email protected]. 
Individuals in the United States who are deaf, deafblind, hard of 
hearing, or have a speech disability may dial 711 (TTY, TDD, or 
TeleBraille) to access telecommunications relay services. Individuals 
outside the United States should use the relay services offered within 
their country to make international calls to the point-of-contact in 
the United States.

SUPPLEMENTARY INFORMATION:

I. Background

    The BLM Northwest Oregon District, Siuslaw Field Office manages the 
Lower Lake Creek SRMA. This popular recreation site contains unique 
waterfalls and natural water slide features that draw visitors from 
throughout the region. Visitors hike along a short trail to Lake Creek 
and enjoy swimming in natural pools and other in-water recreational 
activities. The consumption of alcoholic beverages in the SRMA has 
resulted in increased occurrences of unsafe behavior by visitors, such 
as wading in fast-moving and shallow sheet water flowing over natural 
rock formations. This final supplementary rule will ban the possession 
and consumption of alcoholic beverages in the area and, as a result, 
return the area to a safer and more family-friendly outdoor recreation 
opportunity for all members of the public to enjoy.
    BLM law enforcement, recreation personnel, local law enforcement, 
and local search and rescue professionals agree that some visitors' 
consumption of alcohol has been a major factor in contributing to 
increased public safety risks at the recreation site. Such public 
safety issues include an increase in fatal traffic accidents involving 
travelers driving to and from the recreation area, as well as increased 
problems associated with litter, sanitation, and noise. This final 
supplementary rule is needed to ensure a safe recreational setting for 
all visitors and the local communities of Triangle Lake and Blachly, 
Oregon.
    This final supplementary rule is established under the authority of 
43 CFR 8365.1-6, which allows BLM State Directors to establish 
supplementary rules for ``the protection of persons, property, and 
public lands and resources.'' This final supplementary rule prohibits 
visitors of all ages from consuming, possessing, or furnishing any 
beverage defined as an alcoholic beverage by Oregon State Law within 
the boundaries of the Lower Lake Creek SRMA, including, but not limited 
to, the parking lot, day-use area and surrounding hillside, Lower Lake 
Creek Falls swimming area, and pathways leading to the swimming area 
and waterfalls site. Prohibited acts under this provision include the 
consumption,

[[Page 69205]]

possession, and furnishing of any alcoholic beverage within motor 
vehicles, tents, or other structures in the area described herein.

II. Discussion of Public Comments

    On August 9, 2012, the BLM published a proposed supplementary rule 
(77 FR 47662) to replace an existing supplementary rule on alcohol use 
within the Lower Lake Creek SRMA. The existing supplementary rule, 
adopted in 1997, prohibits ``consumption, possession, or furnishing of 
any alcoholic beverage in violation of Oregon State law.'' Because of 
the way it is written, the existing supplementary rule does not 
actually ban the consumption, possession, or furnishing of alcohol in 
the SRMA.
    The substance of the ``Prohibited Act'' in this final supplementary 
rule, which is the same as the substance of the proposed supplementary 
rule (i.e., alcoholic beverages), would prohibit consumption, 
possession, or furnishing of ``any beverage defined as an alcoholic 
beverage by Oregon State law while on public lands'' within the 
boundaries of the Lower Lake Creek SRMA. In the proposed supplementary 
rule, the BLM explained that the existing supplementary rule is 
insufficient to control an increasing population of visitors who 
consume, possess, or furnish alcohol, and the proposed supplementary 
rule would put in place an enforceable ban on alcoholic beverages for 
all visitors, regardless of age.
    The BLM received no comments on the proposed supplementary rule. 
The BLM signed a decision record on the Proposed Rules for public land 
within the Lower Lake Creek SRMA Environmental Assessment (DOI-BLM-
ORWA-E050-2012-0002-EA), which was posted on the BLM's ePlanning 
website on October 11, 2016. The BLM received two comments during the 
environmental assessment's (EA) 30-day comment period. These commenters 
thanked the BLM for moving forward with a ban on alcoholic beverages at 
the Lower Lake Creek Falls SRMA.

III. Procedural Matters

Executive Order (E.O.) 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 
E.O. 12866. This supplementary rule would not have an annual effect of 
$100 million or more on the economy. It is not intended to affect 
commercial activity but imposes a rule of conduct on recreational 
visitors for public safety in a limited area of public lands. This 
supplementary rule would 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 would not create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another agency. This supplementary rule does not materially 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; it merely strives to protect public 
safety.

National Environmental Policy Act

    A ban on alcoholic beverages was analyzed in the EA titled 
``Proposed Rules for Public Land Within the Lower Lake Creek SRMA'' 
(DOI-BLM-ORWA-E050-2012-0002-EA). This document was subject to a 30-day 
public comment period. On July 23, 2012, BLM determined that this 
supplementary rule did 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 (NEPA) of 
1969, 42 U.S.C. On October 11, 2016, BLM signed a decision record based 
on the EA, which analyzed a permanent restriction on consuming alcohol. 
This supplementary rule merely regulates conduct on the BLM lands 
administered by the Siuslaw Field Office within the boundaries of the 
Lower Lake Creek Falls SRMA in order to protect public safety. A 
detailed environmental impact statement under NEPA is not required.
    The BLM reviewed and signed a Determination of NEPA Adequacy (DNA) 
in 2018 (DOI-BLM-ORWA-N030-2017-0005-DNA) after confirming that the 
EA's analysis is still valid. Circumstances in the SRMA have not 
changed since then.
    The BLM has placed the EA, the decision record, the finding of no 
significant impact, and the DNA on file in the BLM administrative 
record at the address specified in the ADDRESSES section.

Regulatory Flexibility Act

    This final supplementary rule will not have a significant economic 
effect on a substantial number of small entities under the Regulatory 
Flexibility Act (RFA) of 1980, 5 U.S.C. 601, et seq. Congress enacted 
the 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 supplementary rule does not pertain specifically to 
commercial, not-for-profit, or governmental entities of any size, but 
to public consumption of alcoholic beverages on specific public lands.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more;
    (b) Will not cause a major increase in costs or prices for 
consumers; individual industries; Federal, State, or local Government 
agencies; or geographic regions; and
    (c) Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act

    This supplementary rule does not impose an unfunded mandate on 
State, local, or Tribal Governments 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. This supplementary rule does 
not impose requirements on State, local, or Tribal Governments. A 
statement containing the information required by the Unfunded Mandates 
Reform Act, 2 U.S.C. 1531 et seq., is not required.

Paperwork Reduction Act

    This 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.

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

    This rule does not affect a taking of private property or otherwise 
have takings implications under E.O. 12630. This supplementary rule is 
not a Government action capable of interfering with constitutionally 
protected property rights. This supplementary rule does not address 
property rights in any form and does not cause the impairment of any 
private property rights. A takings implication assessment is not 
required.

[[Page 69206]]

Executive Order 13132, Federalism

    Under the criteria in section 1 of E.O. 13132, this rule does not 
have sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement. This supplementary rule will not 
have a substantial direct effect on the States, on the relationship 
between the Federal Government and the States, or on the distribution 
of power and responsibilities among the various levels of Government. A 
federalism summary impact statement is not required.

Executive Order 12988, Civil Justice Reform

    This rule complies with the requirements of E.O. 12988. 
Specifically, the following rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    The Department of the Interior strives to strengthen its 
Government-to-Government relationship with Indian Tribes through a 
commitment to consultation with Indian Tribes and recognition of their 
right to self-governance and Tribal sovereignty. We have evaluated this 
rule under the Department's consultation policy and under the criteria 
in E.O. 13175 and have determined that it has no substantial direct 
effects on federally recognized Indian Tribes and that consultation 
under the Department's Tribal consultation policy is not required.

Effects on the Energy Supply (E.O. 13211)

    This rule is not a significant energy action under the definition 
in E.O. 13211. A Statement of Energy Effects is not required.

IV. Final Supplementary Rule

Author

    The principal author of this supplementary rule is Cheryl Adcock, 
Field Manager for the Siuslaw Field Office, Oregon/Washington.
    For the reasons stated in the preamble, and under authority for 
supplementary rules at 43 U.S.C. 1740 and 43 CFR 8365.1-6, the BLM 
Oregon/Washington State Director establishes a supplementary rule for 
public lands administered by the BLM in Oregon/Washington, to read as 
follows:

Final Supplementary Rule for Public Lands in the Lower Lake Creek Falls 
Special Recreation Management Area, Lane County, OR

Definitions

    Alcoholic beverage uses the definition set forth in 2017 ORS 
471.001(1).

Prohibited Acts

    No person may consume, possess, or furnish alcoholic beverages 
within the boundaries of the Lower Lake Creek Falls SRMA, including, 
but not limited to, the parking lot, day-use area and surrounding 
hillside, Lower Lake Creek Falls swimming area, and pathways leading to 
the swimming area and falls site. Prohibited acts under this provision 
also include the consumption, possession, and furnishing of any 
alcoholic beverage within motor vehicles, tents, or other structures.

Exemptions

    No persons, agencies, municipalities, or companies are exempt from 
the supplementary rule unless specifically authorized in writing by the 
BLM.

Penalties

    Any person who violates this supplementary rule may be tried before 
a United States magistrate and fined in accordance with 18 U.S.C. 3571, 
imprisoned no more than 12 months under 43 U.S.C. 1733(a) and 43 CFR 
8360.0-7, or both. In accordance with 43 CFR 8365.1-7, State or local 
officials also impose penalties for violations of Oregon law.

Barry R. Bushue,
Bureau of Land Management, State Director, Oregon/Washington.
[FR Doc. 2022-25015 Filed 11-17-22; 8:45 am]
BILLING CODE 4310-33-P