Final Supplementary Rules for Public Land Within the West Eugene Wetlands, Eugene District, OR, 43713-43715 [05-14941]
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Federal Register / Vol. 70, No. 144 / Thursday, July 28, 2005 / Notices
Plan, dogs are prohibited on public
lands in the National Monument, with
exceptions (65 FR 3473–3474, January
21, 2000).
The discharge of gas- and airpropelled weapons, recreational
shooting, and entry with pets are
prohibited or restricted on the following
public lands:
Santa Rosa Mountains—All public
lands within the National Monument in
southeast 1⁄4 Township 4 South, Range
4 East; Township 5 South, Range 5 East;
Township 6 South, Range 5 East; east 1⁄2
Township 8 South, Range 5 East; south
1⁄2 Township 5 South, Range 6 East;
Township 6 South, Range 6 East;
Township 7 South, Range 6 East;
Township 8 South, Range 6 East; west
1⁄2 Township 6 South, Range 7 East;
Township 7 South, Range 7 East;
Township 8 South, Range 7 East; and
west 1⁄2 Township 8 South, Range 8
East, San Bernardino Meridian.
San Jacinto Mountains—All public
lands within the National Monument in
south 1⁄2 Township 3 South, Range 3
East; southwest 1/4 Township 3 South,
Range 4 East; west 1⁄2 Township 4
South, Range 4 East; and Township 5
South, Range 4 East, San Bernardino
Meridian.
The decision to prohibit hang gliding
and similar activities, prohibit the
discharge of gas- and air-propelled
weapons and simulated weapons,
prohibit recreational shooting, and
restrict entry with pets was approved by
BLM and U.S. Forest Service on
February 5, 2004, in the Record of
Decision for the Santa Rosa and San
Jacinto Mountains National Monument
Management Plan. The order
prohibiting hang gliding activities was
signed by the Field Manager, Palm
Springs-South Coast Field Office, on
February 2, 2005. The order prohibiting
discharges of gas- and air-propelled
weapons, prohibiting recreational
shooting, and restricting entry with pets
was signed by the Field Manager on
March 24, 2005. Any person who fails
to comply with these orders may be
subject to the penalties provided in 43
CFR 8360.0–7, or the enhanced
penalties provided for by 18 U.S.C.
3571.
Gail Acheson,
Field Manager.
[FR Doc. 05–14937 Filed 7–27–05; 8:45 am]
BILLING CODE 4310–40–P
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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
Bureau of Land Management,
Interior.
ACTION: Notice of final supplementary
rules.
AGENCY:
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:
Eugene_mail@blm.gov.
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
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43713
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,
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Federal Register / Vol. 70, No. 144 / Thursday, July 28, 2005 / Notices
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 https://
frwebgate.access.gpo.gov /cgibin/
leaving.cgi?from=leavingFR.html&
log=linklog&to=https://
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
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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.
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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 nonmotorized 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 BLMauthorized 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.
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Federal Register / Vol. 70, No. 144 / Thursday, July 28, 2005 / Notices
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]
BILLING CODE 4310–33–P
DEPARTMENT OF JUSTICE
Federal Bureau of Investigation
[AAG/A Order No. 005–2005]
Privacy Act of 1974; System of
Records
Federal Bureau of
Investigation, DOJ.
ACTION: Notice to establish system of
records.
AGENCY:
SUMMARY: The Federal Bureau of
Investigation (FBI) proposes to add a
system of records to its inventory of
record systems subject to the Privacy
Act of 1974 (5 U.S.C. 552a), as amended.
The FBI is establishing a new system of
records to cover records maintained by
the Terrorist Screening Center (TSC).
These records were previously covered
by the FBI Central Records System
(Justice/FBI–002), last published in full
text on February 20, 1998 (63 FR 8671)
and amended in part on March 29, 2001
(66 FR 17200). Public comments are
invited.
This action will be effective on
September 6, 2005, unless comments are
received that would result in a contrary
determination.
DATES:
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Jkt 205001
Address all comments to
Mary E. Cahill, Management Analyst,
Management and Planning Staff, Justice
Management Division, Department of
Justice, Washington, DC 20530 (Room
1400, National Place Building).
FOR FURTHER INFORMATION CONTACT:
Mary E. Cahill, (202) 307–1823.
SUPPLEMENTARY INFORMATION: On
September 16, 2003, President George
W. Bush issued Homeland Security
Presidential Directive-6 (HSPD–6),
which directed the establishment of an
organization that would consolidate the
government’s approach to terrorism
screening and provide for the
appropriate and lawful use of terrorist
information in screening processes. As a
result, the Director of Central
Intelligence, Secretaries of State and
Homeland Security, and the Attorney
General signed a memorandum of
understanding creating the TSC and
placing it within the FBI, U.S.
Department of Justice (DOJ). The
Secretaries of the Treasury and Defense
signed an addendum to the
memorandum to join the partnership
supporting the TSC. The TSC became
operational on December 1, 2003 and is
charged with consolidating and
maintaining the U.S. government’s
terrorist watch list. In fulfilling its
mission, the TSC collects and maintains
records about individuals, described
below, that are subject to the
requirements of the Privacy Act. These
records were previously covered by the
FBI Central Records System (Justice/
FBI–002) and upon the effective date of
this notice they will be part of the
Terrorist Screening Records System
(TSRS), Justice/FBI–019.
Prior to HSPD–6, information about
known or suspected terrorists was
dispersed throughout the U.S.
Government and no one agency was
charged with consolidating it and
making it available for use in terrorist
screening. In March 2004, the TSC
consolidated the government’s terrorist
watchlist information into a sensitivebut-unclassified database, known as the
Terrorist Screening Database (TSDB),
containing only identifying information
about known or suspected terrorists. As
required by HSPD–6, the TSDB contains
‘‘information about individuals known
or appropriately suspected to be or have
been engaged in conduct constituting, in
preparation for, in aid of, or related to
terrorism.’’ Information from the TSDB
is now used to screen for terrorists in a
variety of contexts, including during
law enforcement encounters, the
adjudication of applications for U.S.
visas or other immigration and
citizenship benefits, at U.S. land borders
ADDRESSES:
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43715
and ports of entry, and for civil aviation
security purposes. The TSDB is
included in the new TSRS.
Other records in the TSRS include
those that document the operational
support TSC provides to agencies that
screen for terrorists (‘‘screening
agencies’’) and its internal quality
assurance process to ensure the terrorist
data is thorough, accurate and current.
On a 24-hour basis, the TSC assists
state, local and federal agencies in
determining if an individual they have
encountered is a positive identity match
to a known or suspected terrorist. TSC
also facilitates an appropriate and
coordinated law enforcement response
or other appropriate response (e.g.,
medical and containment response to a
biological hazard) to positive terrorist
encounters. TSC uses information from
other government databases, some of
which are classified, to facilitate the
identity match process and incorporates
that information into TSC records as
appropriate.
The TSC also maintains records
related to the resolution of terrorist
watchlist-related complaints or
inquiries. The TSC plans to include a
misidentified persons list, which is
intended to help clear individuals who
have been repeatedly misidentified as
matches to the TSDB during screening.
Misidentified persons are not in the
TSDB, but simply bear a close enough
similarity in their name or other
identifier to someone who is in the
TSDB, such that the screening process
cannot readily differentiate them. The
remedy for misidentified persons is
therefore not removal from the TSDB,
because they are not in fact in it, but a
mechanism to permit the screening
agency to readily identify them as
persons who have been repeatedly
confused with a known or suspected
terrorist in the past. When operational,
this list would be used by the TSC and
each screening agency that uses the
TSC, to help distinguish misidentified
persons during the screening process.
This would consolidate and improve the
current redress processes for
misidentified persons, which vary from
agency to agency and usually only
provide relief with respect to one
agency’s screening programs, but not
those run by other agencies. The
ultimate goal of a consolidated
misidentified persons list would be to
drastically reduce, and ultimately
eliminate altogether, the delay and
inconvenience that misidentified
persons have experienced as a result of
terrorist screening.
Because TSRS contains information
about known or suspected terrorists that
is derived from law enforcement and
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]]>Agencies
[Federal Register Volume 70, Number 144 (Thursday, July 28, 2005)]
[Notices]
[Pages 43713-43715]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14941]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: Eugene_mail@blm.gov.
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 https://frwebgate.access.gpo.gov/
cgibin/leaving.cgi?from=leavingFR.html& log=linklog&to=https://
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.
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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]
BILLING CODE 4310-33-P
