9580 Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Notices 

Significant issues to be addressed in the 

EIS include in-pit dewatering activities, 

Native American religious concerns, 

visual resources, and socioeconomics. 

Additional issues may be identified 

during the scoping process. Federal, 

State, and local agencies, as well as 

individuals or organizations that may be 

interested in or affected by the BLM’s 

decision on this Plan of Operations are 

invited to participate in the scoping 

process and, if eligible, may request or 

be requested by the BLM to participate 

as a cooperating agency. The Nevada 

Department of Wildlife and Eureka 

County will participate as cooperating 

agencies for this project. 

Dated: January 3, 2007. 

Gene Seidlitz, 

Associate Field Manager, Battle Mountain 

Field Office. 

[FR Doc. E7–3643 Filed 3–1–07; 8:45 am] 

BILLING CODE 4310–HC–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

DEPARTMENT OF AGRICULTURE 

Forest Service 

[NV–912–07–1220PA–006F] 

Notice of Public Meeting: Recreation 

Subcommittee Meeting of the BLM 

Nevada Sierra Front-Northwestern 

Great Basin, Northeastern Great Basin 

and Mojave-Southern Great Basin 

Resource Advisory Councils (RACs) 

AGENCIES: Bureau of Land Management, 

Interior and Forest Service, Agriculture. 

ACTION: BLM Nevada RACs Recreation 

Subcommittee meeting (hereinafter 

referred to as ‘‘Recreation 

Subcommittee.’’) 

SUMMARY: In accordance with the 

Federal Lands Recreation Enhancement 

Act of 2004 (FLREA), the Recreation 

Subcommittee will hold a meeting to 

establish guidelines for the newly 

formed Recreation Subcommittee, to 

discuss a proposal for establishing a fee 

at Bob Scott campground managed by 

the Forest Service and to discuss a 

proposal to raise fees at BLM 

campgrounds managed by the BLM 

Nevada Elko Field Office. 

Date and Time: The Recreation 

Subcommittee will meet on Thursday, 

March 29, 2007, from 9 a.m. to 4:30 p.m. 

at the Bureau of Land Management, 

Nevada State Office. All meetings are 

open to the public. A general public 

comment period, where the public may 

submit oral or written comments to the 

Recreation Subcommittee will begin at 

approximately 11 a.m. unless otherwise 

listed in the final meeting agenda. 

A final detailed agenda, with any 

additions/corrections to agenda topics, 

location, field trips and meeting times, 

will be sent to local and regional media 

sources at least 14 days before each 

meeting, and hard copies can also be 

mailed or sent via FAX. Individuals 

who need special assistance such as 

sign language interpretation or other 

reasonable accommodations, or who 

wish a hard copy of each agenda, should 

contact Barbara Keleher no later than 10 

days prior to each meeting. 

ADDRESSES: 1340 Financial Blvd., Reno, 

Nevada, Phone: (775) 861–6400. 

FOR FURTHER INFORMATION CONTACT: 

Doran Sanchez, Chief, Office of 

Communications, telephone (775) 861–

6586, or Barbara Keleher, Outdoor 

Recreation Planner, telephone (775) 

861–6628, at the BLM Nevada State 

Office, 1340 Financial Blvd., Reno, 

Nevada. 

SUPPLEMENTARY INFORMATION: The 

Federal Lands Recreation Enhancement 

Act (REA; Pub. L. 108–447), enacted on 

December 8, 2004, directs the 

Secretaries of the Interior or Agriculture, 

or both, to establish Recreation Resource 

Advisory Committees to provide advice 

and recommendations on recreation fees 

and fee areas in each State or region for 

Federal recreational lands and waters 

managed by the Bureau of Land 

Management or Forest Service. The law 

allows the agencies to use existing RACs 

or to establish new Recreation RACs. 

For the state of Nevada, a recreation 

subcommittee, of the three existing 

RACs, has been designated to perform 

Recreation Resource Advisory 

Committees responsibilities pertaining 

to both BLM and Forest Service 

managed Federal lands and waters per 

the national interagency agreement 

between the Forest Service and BLM. 

This subcommittee will recommend 

new amenity fees and fee change 

proposals to the respective RAC(s) for 

that geographic region. 

Dated: February 26, 2007. 

Ron Wenker, 

Bureau of Land Management, Nevada State 

Director. 

Dated: February 26, 2007. 

Ed Monnig, 

Forest Service, Supervisor, Humboldt-Toiyabe 

National Forest. 

[FR Doc. 07–945 Filed 3–1–07; 8:45 am] 

BILLING CODE 4310–HC–P 

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. 

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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Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Notices 9581 

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 


pwalker on PROD1PC71 with NOTICES
9582 Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Notices 

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] 

BILLING CODE 4310–JB–M 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[ID310–06–1640–HQ] 

Notice of Emergency Closure/ 

Restriction Order 

AGENCY: Bureau of Land Management, 

Department of the Interior. 

ACTION: Notice of Emergency Closure/ 

Restriction Order. 

SUMMARY: Pursuant to 43 CFR 8364.1, 

the Bureau of Land Management (BLM) 

Upper Snake Field Office (USFO) will 

temporarily close parts of four sections 

of public lands to car and truck traffic. 

This closure will cut off of certain roads 

to target shooting. BLM is taking this 

action because of uncontrolled, open, 

illegal dumping by members of the 

public of unwanted and waste items. 

Any person who fails to comply with a 

closure or restriction order issued under 

this authority may be subject to the 

penalties provided in 43 CFR 8360.0–7. 

The closure is effective immediately 

upon publication of this notice in the 

Federal Register. 

SUPPLEMENTARY INFORMATION: Annually, 

the BLM buries or removes 20 to 50 

dumped dead animals and about 10 tons 

of solid waste from the public lands 

near North Menan Butte, a National 

Natural Landmark. The waste originates 

from the public, who bring and leave 

propane tanks, hot water heaters, 

computers, televisions, washers, dryers, 

car batteries, paint cans and other waste 

objects. Target shooters use this waste to 

shoot at and leave shell casings littering 

the landscape. This area is now a health 

and safety hazard due to dumping, 

shooting, and the potential for disease 

transmission from uncovered dead 

animal carcasses. This waste has also 

attracted hazardous waste dumping in 

recent years. 

BLM proposes to close the following 

sections: 

Boise Meridian, Idaho 

T. 6 N., R 38 E., 

Section 27 (all) in Madison County, 

Sections 28 (parts) in Jefferson County, and 

T. 5 N., R. 38 E., 

Sections 4 (all) and 5 (parts) in Jefferson 

County. 

Signs will be placed on the highway 

and at the site explaining the road and 

target shooting closures. Fences and 

road barriers will be installed that will 

allow for continued access by ATVs, 

motorcycles, equestrian use, and foot 

traffic in the southern portion. 

Exemptions: Persons who are exempt 

from this restriction include: Any 

federal, state or local officer or 

employee acting within the scope of 

their duties; members of any organized 

rescue or fire-fighting force in the 

performance of an official duty; any 

person holding written authorization 

from the BLM. 

EFFECTIVE DATE: This temporary closure 

will be effective the date this notice is 

published in the Federal Register and 

will remain in effect for three years from 

the date of publication or until 

rescinded or modified by the authorized 

officer or designated Federal officer. 

Additional Information: Additional 

information concerning the emergency 

closure is available by contacting Dan 

Kotansky at the BLM Upper Snake Field 

Office, 1405 Hollipark Drive, Idaho 

Falls, Idaho 83401, or by calling (208) 

524–7500. 

(Authority: 43 CFR 8364.1. Violators of this 

closure order are punishable by a fine not to 

exceed $1,000 and/or imprisonment not to 

exceed 12 months. 43 CFR 8360.0–7.) 

Dated: January 11, 2007. 

Wendy Reynolds, 

Upper Snake Field Manager. 

[FR Doc. E7–3641 Filed 3–1–07; 8:45 am] 

BILLING CODE 4310–GG–P 


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