[Federal Register Volume 72, Number 41 (Friday, March 2, 2007)]
[Notices]
[Pages 9580-9582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-939]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

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


Notice of Final 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, Firearms and Drug Paraphernalia Use 
and Possession on Public Land

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice; Final amended supplementary rules for public land 
within the State of Colorado.

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SUMMARY: The Colorado State Office of the Bureau of Land Management 
(BLM) is amending the supplementary rules published in 2003 (January 
14, 203, 68 FR 1858) for the public lands within the State of Colorado. 
The supplementary 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: These rules are effective March 2, 2007.

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
II. Background
III. Procedural Matters

I. Public Comment

    These supplementary rules were published as proposed in the Federal 
Register on October 11, 2006 (71 FR 59811), and were open for public 
comment for 60 days, ending December 11, 2006. No comments were 
received by the due date. Accordingly, these rules are being published 
as final.

II. Background

    The BLM, Colorado, published final supplementary rules in 2003 that

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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 rules 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 the 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 the 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 has the potential to pose 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 to reduce 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 Information

Executive Order 12866, Regulatory Planning and Review

    These 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 are directed at 
preventing unlawful personal behavior on public lands, for purposes of 
protecting public health and safety. 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 amended 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. The amended supplementary 
rules merely revise the existing rules to be consistent with the 
Colorado Revised Statutes, as applied to public land management.

National Environmental Policy Act

    BLM has prepared an environmental assessment (EA) and a Finding of 
No Significant Impact (FONSI) finding that the final supplementary 
rules will 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 final supplementary rules will enable BLM law 
enforcement personnel to cite persons for unlawful possession/use of 
alcohol or drugs on public lands for the purpose of protecting public 
health and safety. BLM has placed the EA and the FONSI on file in the 
BLM Administration Record at the address specified in the ADDRESSES 
section.

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 final 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 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 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 final 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 interim 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. 
The supplementary rules do not address property rights in any form, and 
do not cause the impairment of anyone's property rights. Therefore, the 
BLM has determined that the 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 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. 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, the BLM has 
determined that these final supplementary rules do not

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have sufficient Federalism implications to warrant preparation of a 
Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the Colorado State Office of the BLM 
has determined that these final 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.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with E.O. 13175, we have found that these final 
supplementary rules do not include policies that have tribal 
implications. Since the supplementary rules do not change BLM policy 
and do not involve Indian reservation lands or resources, we have 
determined that the government-to-government relationships would remain 
unaffected. The supplementary rules only prohibit the use of alcoholic 
beverages and illegal drugs on public lands.

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

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

Paperwork Reduction Act

    These final 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 State Staff 
Ranger Dorothy Bensusan, 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, issues 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 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. 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 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.

    Dated: February 26, 2007.
Sally Wisely,
Colorado State Director, Bureau of Land Management.
[FR Doc. 07-939 Filed 3-1-07; 8:45 am]
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