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, 59811-59814 [E6-16709]

Download as PDF Federal Register / Vol. 71, No. 196 / Wednesday, October 11, 2006 / Notices Lands Leasing Act of 1920 (30 U.S.C. 188), and the Bureau of Land Management is proposing to reinstate lease COC68524 effective July 1, 2006, under the original terms and conditions of the lease and the increased rental and royalty rates cited above. Dated: September 28, 2006. Milada Krasilinec, Land Law Examiner. [FR Doc. E6–16702 Filed 10–10–06; 8:45 am] Dated: September 28, 2006. Milada Krasilinec, Land Law Examiner. [FR Doc. E6–16701 Filed 10–10–06; 8:45 am] DEPARTMENT OF THE INTERIOR Bureau of Land Management, Interior. ACTION: Notice. AGENCY: Interior. Notice of Proposed Reinstatement of Terminated Oil and Gas Lease. ACTION: SUMMARY: Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2–3(a) and (b)(1), the Bureau of Land Management (BLM) received a petition for reinstatement of oil and gas lease COC68523 from Gunsmoke Production Company for lands in Rio Blanco County, Colorado. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law. FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, Milada Krasilinec, Land Law Examiner, Branch of Fluid Minerals Adjudication, at 303.239.3767. The lessee has agreed to the amended lease terms for rentals and royalties at rates of $10.00 per acre or fraction thereof, per year and 162⁄3 percent, respectively. The lessee has paid the required $500 administrative fee and $163 to reimburse the Department for the cost of this Federal Register notice. The lessee has met all the requirements for reinstatement of the lease as set out in Section 31(d) and (e) of the Mineral Lands Leasing Act of 1920 (30 U.S.C. 188), and the Bureau of Land Management is proposing to reinstate lease COC68523 effective July 1, 2006, under the original terms and conditions of the lease and the increased rental and royalty rates cited above. pwalker on PRODPC60 with NOTICES VerDate Aug<31>2005 16:53 Oct 10, 2006 Jkt 211001 Notice of proposed reinstatement of terminated oil and gas lease. ACTION: Bureau of Land Management, SUPPLEMENTARY INFORMATION: Bureau of Land Management, Interior. Notice of Proposed Reinstatement of Terminated Oil and Gas Lease Notice of Proposed Reinstatement of Terminated Oil and Gas Lease, Utah [CO–922–06–1310–FI; COC68522] AGENCY: [CO–922–06–1310–FI; COC68523] Bureau of Land Management AGENCY: Bureau of Land Management Notice of Proposed Reinstatement of Terminated Oil and Gas Lease Bureau of Land Management DEPARTMENT OF THE INTERIOR [UTU81046] BILLING CODE 4310–JB–P BILLING CODE 4310–JB–P DEPARTMENT OF THE INTERIOR 59811 SUMMARY: Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2–3(a) and (b)(1), the Bureau of Land Management (BLM) received a petition for reinstatement of oil and gas lease COC68522 from Gunsmoke Production Company for lands in Rio Blanco County, Colorado. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law. FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, Milada Krasilinec, Land Law Examiner, Branch of Fluid Minerals Adjudication, at 303– 239–3767. The lessee has agreed to the amended lease terms for rentals and royalties at rates of $10.00 per acre or fraction thereof, per year and 162⁄3 percent, respectively. The lessee has paid the required $500 administrative fee and $163 to reimburse the Department for the cost of this Federal Register notice. The lessee has met all the requirements for reinstatement of the lease as set out in Section 31(d) and (e) of the Mineral Lands Leasing Act of 1920 (30 U.S.C. 188), and the Bureau of Land Management is proposing to reinstate lease COC68522 effective July 1, 2006, under the original terms and conditions of the lease and the increased rental and royalty rates cited above. SUPPLEMENTARY INFORMATION: Dated: September 28, 2006. Milada Krasilinec, Land Law Examiner. [FR Doc. E6–16706 Filed 10–10–06; 8:45 am] BILLING CODE 4310–JB–P PO 00000 SUMMARY: In accordance with Title IV of the Federal Oil and Gas Royalty Management Act (Pub. L. 97–451), Petro-Hunt LLC timely filed a petition for reinstatement of oil and gas lease UTU81046 for lands in Sanpete County, Utah, and it was accompanied by all required rentals and royalties accruing from May 1, 2006, the date of termination. FOR FURTHER INFORMATION CONTACT: Douglas F. Cook, Chief, Branch of Fluid Minerals at (801) 539–4040. SUPPLEMENTARY INFORMATION: The Lessee has agreed to new lease terms for rentals and royalties at rates of $5 per acre and 162⁄3 percent, respectively. The $500 administrative fee for the lease has been paid and the lessee has reimbursed the Bureau of Land Management for the cost of publishing this notice. Having met all the requirements for reinstatement of the lease as set out in Section 31(d) and (e) of the Mineral Leasing Act of 1920 (30 U.S.C. 188), the Bureau of Land Management is proposing to reinstate lease UTU81046, effective May 1, 2004, subject to the original terms and conditions of the lease and the increased rental and royalty rates cited above. Douglas F. Cook, Chief, Branch of Fluid Minerals. [FR Doc. E6–16707 Filed 10–10–06; 8:45 am] BILLING CODE 4310–DQ–P 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. Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\11OCN1.SGM 11OCN1 59812 Federal Register / Vol. 71, No. 196 / Wednesday, October 11, 2006 / Notices ACTION: Proposed amended supplementary rules for public land within the State of Colorado. eRulemaking Portal at http:// www.regulations.gov and following the instructions there. 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:// www.co_proposed_rule@blm.gov (Include Attn: Dorothy Bensusan in your subject line). Federal eRulemaking Portal: http:// www.regulations.gov. 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-bycase 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. 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 pwalker on PRODPC60 with NOTICES Electronic Access and Filing Address You may also comment via the Internet to http:// www.co_proposed_rule@blm.gov. 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 VerDate Aug<31>2005 16:53 Oct 10, 2006 Jkt 211001 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 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 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 E:\FR\FM\11OCN1.SGM 11OCN1 Federal Register / Vol. 71, No. 196 / Wednesday, October 11, 2006 / Notices 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. pwalker on PRODPC60 with NOTICES 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 VerDate Aug<31>2005 16:53 Oct 10, 2006 Jkt 211001 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 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 59813 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-togovernment 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, E:\FR\FM\11OCN1.SGM 11OCN1 59814 Federal Register / Vol. 71, No. 196 / Wednesday, October 11, 2006 / Notices 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] BILLING CODE 4310–JB–P DEPARTMENT OF THE INTERIOR pwalker on PRODPC60 with NOTICES National Park Service Chesapeake and Ohio Canal National Historical Park; Notice of Public Meeting Department of the Interior, National Park Service, Chesapeake and Ohio Canal National Historical Park. AGENCY: VerDate Aug<31>2005 16:53 Oct 10, 2006 Jkt 211001 ACTION: Notice of meeting. DEPARTMENT OF THE INTERIOR Notice is hereby given that a meeting of the Chesapeake and Ohio Canal National Historical Park Advisory Commission will be held at 9:30 a.m., on Friday, October 20, 2006, at the Chesapeake and Ohio Canal National Historical Park Headquarters, 1850 Dual Highway, Hagerstown, Maryland 21740. DATES: Friday, October 20, 2006. ADDRESSES: Chesapeake and Ohio Canal National Historical Park Headquarters, 1850 Dual Highway, Hagerstown, Maryland 21740. FOR FURTHER INFORMATION CONTACT: Kevin Brandt, Superintendent, Chesapeake and Ohio Canal National Historical Park, 1850 Dual Highway, Suite 100, Hagerstown, Maryland 21740, telephone: (301) 714–2201. SUPPLEMENTARY INFORMATION: The Commission was established by Public Law 91–664 to meet and consult with the Secretary of the Interior on general policies and specific matters related to the administration and development of the Chesapeake and Ohio Canal National Historical Park. The members of the Commission are as follows: SUMMARY: Mrs. Sheila Rabb Weidenfeld, Chairperson, Mr. Charles J. Weir, Mr. Barry A. Passett, Mr. Terry W. Hepburn, Ms. JoAnn M. Spevacek, Mrs. Mary E. Woodward, Mrs. Donna Printz, Mrs. Ferial S. Bishop, Ms. Nancy C. Long, Mrs. Jo Reynolds, Dr. James H. Gilford, Brother James Kirkpatrick, Mr. George E. Lewis, Jr., Mr. Charles D. McElrath, Ms. Patricia Schooley, Mr. Jack Reeder. Topics that will be presented during the meeting include: 1. Update on park operations. 2. Update on major construction/ development projects. 3. Update on partnership projects. The meeting will be open to the public. Any member of the public may file with the Commission a written statement concerning the matters to be discussed. Persons wishing further information concerning this meeting, or who wish to submit written statements, may contact Kevin Brandt, Superintendent, Chesapeake and Ohio Canal National Historical Park. Minutes of the meeting will be available for public inspection six weeks after the meeting at Chesapeake and Ohio Canal National Historical Park Headquarters, 1850 Dual Highway, Suite 100, Hagerstown, Maryland 21740. Dated: September 11, 2006. Kevin D. Brandt, Superintendent, Chesapeake and Ohio Canal, National Historical Park. [FR Doc. E6–16740 Filed 10–10–06; 8:45 am] BILLING CODE 4310–6V–P PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 National Park Service Notice of Meeting of Concessions Management Advisory Board National Park Service, Interior. Notice. AGENCY: ACTION: SUMMARY: In accordance with the Federal Advisory Committee Act (Public Law 92–463, 86 Stat. 770, 5 U.S.C. App 1, Section 10), notice is hereby given that the Concessions Management Advisory Board (the Board) will hold its 16th meeting October 24–25, 2006, at Glen Canyon National Recreation Area in Page, Arizona. The meeting will be held at the Lake Powell Lodge located in Glen Canyon National Recreation Area. The meeting will convene at 8:30 a.m. each day and will conclude at 4:30 p.m. SUPPLEMENTARY INFORMATION: The Board was established by Title IV, Section 409 of the National Park Omnibus Management Act of 1998, November 13, 1998 (Public Law 105–391). The purpose of the Board is to advise the Secretary and the National Park Service on matters relating to management of concessions in the National Park System. The Board will meet at 8:30 a.m. for the regular business meeting for continued discussions on the following subjects: • Leasehold Surrender Interest Regulations Status. • Service Contract Act issues. • Standards, Evaluations and Rate Approval Project Update. • Concession Contracting Status Update. • Superintendent’s Training Project Update. • Electronic Annual Financial Report Project Update. • Concession Data Management System Project Update. The meeting will be open to the public, however, facilities and space for accommodating members of the public are limited, and persons will be accommodated on a first-come-firstserved basis. Assistance to Individuals With Disabilities at the Public Meeting The meeting site is accessible to individuals with disabilities. If you plan to attend and will require an auxiliary aid or service to participate in the meeting (e.g., interpreting service, assistive listening device, or materials in an alternate format), notify the contact person listed in this notice at least 2 weeks before the scheduled meeting date, however, we may not be able to E:\FR\FM\11OCN1.SGM 11OCN1

Agencies

[Federal Register Volume 71, Number 196 (Wednesday, October 11, 2006)]
[Notices]
[Pages 59811-59814]
From the Federal Register Online via the Government Printing 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.

-----------------------------------------------------------------------

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:www.co_proposed_rule@blm.gov">//www.co_proposed_rule@blm.gov (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://www.co_proposed_
rule@blm.gov">www.co_proposed_
rule@blm.gov. 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]
BILLING CODE 4310-JB-P