Law EnforcementCriminal

Federal RegisterNov 7, 1996

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Parts 2800, 2920, 4100, 4300, 4700, 5460, 5510, 8200, 8340,

8350, 8360, 8370, 8560, 9210, and 9260

[WO-130-1820-00 24 1A]

RIN 1004-AC30

Law Enforcement--Criminal

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed rule.

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

SUMMARY: The Bureau of Land Management (``BLM'') proposes to revise and

consolidate many of the regulations which instruct the public regarding

requirements for the management, use and protection of public lands,

the knowing and willful violation of which subjects you to criminal

penalties. The existing regulations which may, if knowingly and

willfully violated, result in criminal penalties, are often difficult

to understand and are scattered throughout the Code of Federal

Regulations (``CFR''). Certain sections are no longer applicable but

continue to take up space in the CFR. BLM proposes to remove obsolete

regulations, consolidate many of the regulations that continue to apply

in one new part, and rewrite the remaining regulations in plain English

so that the regulated public can understand what actions are prohibited

on BLM land.

DATES: Submit comments by January 6, 1997. BLM will consider comments

postmarked on or before this date in preparing the final rule.

ADDRESSES: You may hand-deliver comments to the Bureau of Land

Management, Administrative Record, Room 401, 1620 L Street, NW.,

Washington, DC; or mail comments to the Bureau of Land Management,

Administrative Record, Room 401LS, 1849 C Street, NW., Washington, DC

20240. You may transmit comments electronically via the Internet to

WOC[email protected]. Please include ``Attn: AC30'' and your name and

address in your message. If you do not receive a confirmation from the

system that we have received your Internet message, contact us

directly.

FOR FURTHER INFORMATION CONTACT: Dennis McLane (208) 387-5126.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

II. Background

III. Discussion of Proposed Rule

IV. Procedural Matters

I. Public Comment Procedures

Written comments on the proposed rule should:

(a) Be specific;

(b) Be confined to issues pertinent to the proposed rule;

(d) Reference the specific section or paragraph of the proposal

which the commenter is addressing, where possible.

BLM may not necessarily consider or include in the Administrative

Record for the final rule comments which BLM receives after the close

of the comment period (see DATES) or comments delivered to an address

other than those listed above (see ADDRESSES).

II. Background

Section 303 of the Federal Land Policy and Management Act of 1976

(``FLPMA'' or ``the Act'') authorizes criminal enforcement of

regulations adopted by the Secretary of the Interior through BLM under

FLPMA relating to the management, use, and protection of the public

lands and the property located thereon. 43 U.S.C. 1733. FLPMA provides

for criminal penalties in the amount of $1,000 or imprisonment of no

more than 12 months, or both, for violations of the Act. Id. Federal

laws concerning public lands and resources often prescribe criminal

penalties in excess of those provided for in FLPMA. For example, the

alternative fines provisions of Title 18 U.S.C. Section 3571 allows

assessment of a fine of not more than $100,000 for misdemeanors

punishable by imprisonment for more than 6 months. Since FLPMA allows

imprisonment of up to 12 months for a violation, the larger penalties

under 18 U.S.C. 3571 apply to BLM programs. The proposed rule cites

Federal law where fines larger than those allowed by FLPMA apply.

Proposed part 9260 also describes the law enforcement authority of BLM,

how BLM applies criminal penalties and procedures to certain BLM

activities, and identifies many specific prohibited acts and many other

regulations, the knowing and willful violation of which may subject you

to criminal penalties.

The proposed rule would help the public and Federal, State, and

local agencies to understand the scope of BLM law enforcement

authority, and the Federal laws and regulations that apply to public

lands and BLM activities.

BLM has attempted to consolidate criminal regulations before. Part

9260 was originally published May 20, 1980, as a final rule. The intent

of that rulemaking was to establish a single regulatory section where

all enforcement provisions of the various land use regulations could be

found. The regulations in part 9260 were duplicates of the regulations

contained in other parts of Title 43 dealing largely with non-mineral

use or development of the public lands. BLM intended to amend part 9260

each time a law enforcement regulation was added or amended to other

parts of Title 43. Since BLM did not amend 9260 each time a law

enforcement regulation was added or amended in other parts of Title 43,

part 9260 now conflicts with other sections of 43 CFR containing law

enforcement regulations.

Several executive branch directives call for efficiency in the

regulatory process. BLM is meeting the requirements of those directives

by:

(a) Streamlining its regulations and eliminating obsolete and

outdated regulations;

(b) Reviewing existing regulations to discover opportunities to

combine related resources and concepts; and

clearer and more action-oriented language.

In many subparts of 43 CFR, BLM's regulations currently include

lists of prohibited acts which are similar in nature. Other subparts in

43 CFR, especially those related to mineral development in Groups 3000

through 3800 of 43 CFR, do not rely on lists of prohibited acts to

enforce the law. Instead, they are made up of regulatory requirements,

the knowing and willful violation of which may subject you to criminal

penalties. The minerals regulations may also list acts of noncompliance

which, if you engage in them, may subject you to criminal penalties.

Consequently, a lessee, operator, miner or other user of the public

lands who knowingly and willfully violates such regulatory

requirements, including those found in

[[Page 57606]]

43 CFR Groups 3000-3800, may be subject to criminal penalties under

FLPMA. Because of the broad nature of BLM's enforcement authority under

FLPMA, BLM is the only Federal land management agency that does not

consolidate all criminal regulations in one part. While this proposed

rule would consolidate BLM's prohibited acts provisions in one part to

reduce the number of criminal regulations, it is not possible to

completely consolidate all of BLM's regulations which impose

requirements on the public, the knowing and willful violation of which

would subject a person to criminal penalties. By revising the

regulations, BLM would make them more understandable and easier to

locate, and bring BLM in line with other Federal land management

agencies as much as is possible at this time.

III. Discussion of Proposed Rule

This rule proposes to remove criminal law enforcement provisions

from parts 2800, 2920, 4100, 4300, 4700, 5460, 5510, 8200, 8340, 8350,

8360, 8370, 8560, and 9210, and consolidate them in a new part 9260.

Because of BLM's overall regulatory reform program, several of these

parts may be proposed for amendment. In this rule, BLM will refer to

the existing section numbers it proposes to remove, even though there

may be proposed rules that will change the section numbering of those

parts. When this rule is prepared for publication as a final rule, BLM

will correct any inconsistencies.

BLM has prepared the following chart to show where in the proposed

rule the criminal law enforcement provisions from the old CFR will be

located. In some instances, the chart serves merely to cross reference

existing rules with the proposed rules, rather than to indicate the

deletion of the existing rules.

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

``Plain

English''

Existing rules proposed

rule

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

Sec. 9260.0-1............................................. Sec. 9260.

Sec. 9260.0-3............................................. Sec. 9260.

Secs. 8340.0-5, 8372.0-5, 8360.0-5........................ Sec. 9260.

Secs. 2801.3(g), 2920.1-2(e), 3715.8, 4170.2, 4340.1(b),

4770.5, 5462.3, 5511.5, 8224.2, 8340.0-7, 8351.2-1(f),

8360.0-7, 8372.0-7(b), 8560.5, 9212.4, 9262.1............. Sec. 9260.

Secs. 2880.0-7, 3715.0-1(b), 8340.0-8..................... Sec. 9260.

None....................................................... Sec. 9261.

Secs. 3715.6(f), 3715.8-1, 4140.1(b)(4), 4140.1(b)(7),

4140.1(b)(8), 5462.2(b)(9), 5511.4(b)(1), 8365.1-4,8365.1-

5......................................................... Sec. 9262.

Sec. 8365.1-4(b).......................................... Sec. 9262.

Sec. 8365.1-1............................................. Sec. 9262.

Sec. 8365.1-2............................................. Sec. 9262.

None....................................................... Sec. 9262.

Sec. 8365.1-4............................................. Sec. 9262.

Sec. 9212.1............................................... Sec. 9262.

Secs. 8341.1, 8365.1-3, 8365.2-4.......................... Sec. 9263.

Sec. 8343.3............................................... Sec. 9263.

Secs. 2920.1-2, 3715.6(e), 4140.1(b)(1), 5462.1(a)(5),

5511.4(b)(3), 8372.0-7.................................... Sec. 9264.

Secs. 2801.3.............................................. Sec. 9264.

Secs. 2920.1-2, 3715.6, 8365.1-2.......................... Sec. 9264.

Sec. 8372.0-7............................................. Sec. 9264.

Sec. 3715.6............................................... Sec. 9264.

Sec. 4140.1(b)............................................ Sec. 9264.

Secs. 5462.2, 5511.4, 9265.6.............................. Sec. 9264.

Sec. 8365.1-5(b).......................................... Sec. 9265.

Sec. 8365.1-5(c).......................................... Sec. 9264.

Sec. 4770.1............................................... Sec. 9265.

None....................................................... Sec. 9265.

Sec. 9268.3(e)(2)(iii)(A)................................. Sec. 9265.

Sec. 9264.1(h)............................................ Sec. 9265.

None....................................................... Sec. 9265.

Sec. 8365.1-5(a)(1)....................................... Sec. 9265.

Secs. 4140.1(b)(3), 8365.1-5(a)(2)........................ Sec. 9265.

None....................................................... Sec. 9265.

Sec. 8365.2-1............................................. Sec. 9266.

Sec. 8365.2-3............................................. Sec. 9266.

Sec. 8365.2-1(c).......................................... Sec. 9266.

Sec. 8365.2-2............................................. Sec. 9266.

Sec. 8365.2-5(a).......................................... Sec. 9266.

Sec. 8560.1-2............................................. Sec. 9267.

Sec. 8351.1-1............................................. Sec. 9267.

None....................................................... Sec. 9267.

None....................................................... Sec. 9268.

Sec. 8223.1............................................... Sec. 9268.

Sec. 8224.1............................................... Sec. 9268.

None....................................................... Sec. 9268.

Secs. 8351.2-1,8364.1, 8560.1-1, 9212.2................... Sec. 9269.

Secs. 8351.2-1(a), 8364.1(a), 8560.1-1(a), 9212.2(a)...... Sec. 9269.

Secs. 8364.1 (b), 9212.2(b)............................... Sec. 9269.

Secs. 8364.1(b)(6), 9212.2(b)(4).......................... Sec. 9269.

Secs. 8364.1(c)........................................... Sec. 9269.

None....................................................... Sec. 9269.

Secs. 8364.1(d), 9212.1(h)................................ Sec. 9269.

Secs. 8351.2-1(a), 8365.1-6............................... Sec. 9269.

Secs. 8351.2-1(d), 8365.1-6(a)............................ Sec. 9269.

Secs. 8365.1-6(c)......................................... Sec. 9269.

None....................................................... Sec. 9269.

Secs. 8351.2-1(f), 8365.1-6............................... Sec. 9269.

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

Wherever existing rules listed specific prohibited acts, those

prohibited acts have been relocated or referenced in the proposed rule,

as shown in the table above, and converted to plain English. No

substantive changes were made to these provisions. This rule specifies

that BLM law enforcement will take action to enforce BLM regulations on

activities occurring on BLM lands and activities on or having a clear

potential to affect water bodies on or adjacent to BLM lands. The

statement that BLM will regulate activities on (or having a clear

potential to affect) water bodies on or adjacent to BLM lands is not an

attempt to establish ownership over those waters, but an attempt to

clarify BLM's jurisdiction for protection of resources.

Please note that the minerals rules in Groups 3000 through 3800 of

43 CFR, with a few exceptions, are not addressed by this rule. Although

most of the minerals rules do not list prohibited acts, the rules are

replete with regulatory requirements which are enforceable by law.

Consequently, when referring to this proposed rule, do not assume that

an activity is not criminally punishable if it is not listed among the

prohibited acts in this rule. You are still obligated to comply with

all requirements of BLM's regulations which govern management, use and

protection of the public lands.

A number of definitions have been added to section 9260.6 of the

proposed rule, and a prohibition against hindering lawful hunting was

added to enforce the Recreational Hunting Safety and Preservation Act

of 1994 (16 U.S.C. 5202). This statute provides that if you hinder

lawful hunting, you may be subject to civil penalties of not more than

$10,000, if the violation involves the use of force or violence or the

threatened use of force or violence, against the person or property of

another person; and not more than $5,000 for any other violation.

As mentioned above, the proposed rule cites Federal law where fines

larger than those allowed by FLPMA apply. BLM would like to point out

the inclusion of penalty provisions in the proposed rule at section

9260.8 (i)-(j), which relates to violations of the Mineral Leasing Act,

30 U.S.C. 181 et seq., or its implementing regulations.

Certain violations of the Mineral Leasing Act are punishable by

fines of no more than $500,000, or imprisonment for no more than 5

years, or both, pursuant to 30 U.S.C. 195.

The following sections were removed, for the reasons provided:

Part 2800

1. Section 2800.0-5 is amended by removing paragraph (v), because

the definition of ``willful trespass'' conflicts with the other

trespass provisions located in proposed part 9260.

[[Page 57607]]

Part 2920

2. Section 2920.0-5 is amended by removing paragraph (m), for the

same reason in 1. above.

3. Section 2920.1-2 is amended by removing paragraph (e), for the

same reason in 1. above.

BLM is interested in comments on the section on Wild Horses and

Burros in the proposed rule. BLM has included the prohibitions

regarding this program in section 9265.20 of its proposed rule without

making substantive changes. BLM is looking for a better way to define

when it is permissible for a person to destroy a wild horse or burro

without BLM's authorization.

BLM would also welcome public comments on a modification it is

proposing in sections 9266.21 and 9266.23 of the rule. BLM's

regulations provide that animals other than seeing-eye dogs or hearing-

ear dogs are not permitted in swimming areas, and animals brought to

recreation sites or areas must be leashed or physically restricted at

all times. BLM proposes to exempt service dogs from these provisions.

To accomplish this, BLM has added a new definition of ``service

animal'' to section 9260.6 of the proposed rule:

Service Animal means the same as provided in the definition section

of the regulations implementing the Americans With Disabilities Act, 28

CFR 36. The current definition section of these regulations, 28 CFR

36.104, defines a service animal as: Any guide dog, signal dog, or

other animal individually trained to do work or perform tasks for the

benefit of an individual with a disability, including, but not limited

to, guiding individuals with impaired vision, alerting individuals with

impaired hearing to intruders or sounds, providing minimal protection

or rescue work, pulling a wheelchair, or fetching dropped items.

BLM would like comments regarding any types of service dogs or

animals that may have been omitted in this definition.

IV. Procedural Matters

National Environmental Policy Act

BLM has prepared an environmental assessment (EA), and has found

that the proposed rule would not constitute a major federal action

significantly affecting the quality of the human environment under

section 102(2)(C) of the National Environmental Policy Act of 1969, 42

U.S.C. 4332(2)(C). BLM has placed the EA and the Finding of No

Significant Impact (FONSI) on file in the BLM Administrative Record at

the address specified previously. BLM invites the public to review

these documents by contacting us at the addresses listed above (see

ADDRESSES), 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, or contact us directly.

Paperwork Reduction Act

This rule does not contain collections of information that require

approval by the Office of Management and Budget under 44 U.S.C. 3501 et

seq.

Regulatory Flexibility Act

BLM has determined that this proposed rule would not have a

significant economic impact on a substantial number of small entities

under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The

proposed removals and revisions will reduce the overall content of the

existing 43 CFR regulations, but will not impose any new requirements

or burdens upon small entities.

Unfunded Mandates Reform Act

BLM has determined that this proposed rule will not result in any

unfunded mandate to State, local or tribal governments in the

aggregate, or to the private sector, of $100 million or more in any one

year.

Executive Order 12612

The proposed rule would 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, BLM has determined that this

proposed rule does not have sufficient federalism implications to

warrant preparation of a Federalism Assessment.

Executive Order 12630

The proposed rule does not represent a government action that

interferes with constitutionally protected property rights or would

result in a taking of private property.

Executive Order 12866

BLM has determined that the proposed rule is not a significant

regulatory action under section 3(f) of Executive Order 12866. The rule

is therefore not subject to review by the Office of Management and

Budget under section 6(a)(3) of that order.

Executive Order 12988

The Department of the Interior has determined that this rule meets

the applicable standards provided in sections 3(a) and 3(b)(2) of

Executive Order 12988.

Author

The principle author of this proposed rule is Dennis McLane of the

National Law Enforcement, Security, and Investigations Team, BLM,

assisted by the Regulatory Management Group.

List of Subjects

43 CFR Part 2800

Communications, Electric power, Highways and roads, Land Management

Bureau, Pipelines, Public lands-rights-of-way, Reporting and

recordkeeping requirements.

43 CFR Part 2920

Land Management Bureau, Public lands, Reporting and recordkeeping

requirements.

43 CFR Part 4100

Administrative practice and procedure, Grazing lands, Land

Management Bureau, Livestock, Penalties, Range management, Reporting

and recordkeeping requirements.

43 CFR Part 4300

Administrative practice and procedure, Alaska, Grazing lands, Land

Management Bureau, Range Management, Reindeer, Reporting and

recordkeeping requirements.

43 CFR Part 4700

Horses, Intergovernmental relations, Land Management Bureau,

Penalties, Public lands, Range management, Reporting and recordkeeping

requirements, Wildlife.

43 CFR Part 5460

Forests and forest products, Government contracts, Land Management

Bureau, Public lands.

43 CFR Part 5510

Forests and forest products, Land Management Bureau, Public lands.

43 CFR Part 8200

Land Management Bureau, Public lands, Research.

43 CFR Part 8340

Land Management Bureau, Public lands, Recreation and recreation

areas, Traffic regulations.

43 CFR Part 8350

Land Management Bureau, National trails system, National wild and

scenic rivers system, Penalties, Public lands.

[[Page 57608]]

43 CFR Part 8360

Land Management Bureau, Penalties, Public lands, Recreation and

recreation areas.

43 CFR Part 8370

Land Management Bureau, Penalties, Public lands, Recreation and

recreation areas, Reporting and recordkeeping requirements, Surety

bonds.

43 CFR Part 8560

Land Management Bureau, Penalties, Public lands, Reporting and

recordkeeping requirements, Wilderness areas.

43 CFR Part 9210

Fire prevention, Land Management Bureau, Penalties, Public lands.

43 CFR Part 9260

Continental shelf, Forests and forest products, Land Management

Bureau, Law enforcement, Penalties, Public lands, Range management,

Recreation and recreation areas, Wildlife.

For the reasons stated above, and under the authority of sections

303 and 310 of the Federal Land Policy and Management Act of 1976 (43

U.S.C. Secs. 1733 and 1740), chapter II, subtitle B, title 43 of the

Code of Federal Regulations, is proposed to be amended as set forth

below:

Date: October 29, 1996.

Sylvia V. Baca,

Deputy Assistant Secretary of the Interior.

PART 2800--RIGHTS-OF-WAY, PRINCIPLES AND PROCEDURES

1. The authority citation for part 2800 continues to read as

follows:

Authority: 43 U.S.C. 1733, 1740, 1761-1771.

Sec. 2800.0-5 [Amended]

2. Section 2800.0-5 is amended by removing paragraph (v).

3. Section 2800.0-5 is amended by removing the letter designations

for the definitions, and alphabetizing the terms therein.

Sec. 2801.3 [Amended]

4. Section 2801.3 is amended by removing paragraph (g).

PART 2920--LEASES, PERMITS AND EASEMENTS

5. The authority citation for part 2920 continues to read as

follows:

Authority: 43 U.S.C. 1732, 1733 and 1740.

Sec. 2920.0-5 [Amended]

6. Section 2920.0-5 is amended by removing paragraph (m).

Sec. 2920.1-2 [Amended]

7. Section 2920.1-2 is amended by removing paragraph (e).

8. Section 2920.1-2 is amended by redesignating paragraph (f) as

paragraph (e).

PART 4100--GRAZING ADMINISTRATION--EXCLUSIVE OF ALASKA

9. The authority citation for part 4100 continues to read as

follows:

Authority: 43 U.S.C. 315, 315a-315r, 1181d, 1740.

10.-11. Section 4140.1(b) is revised to read as follows:

Sec. 4140.1 Acts prohibited on public lands.

* * * * *

(b) Persons performing the prohibited acts related to rangelands

under Sec. 9264.80 may be subject to civil penalties under Sec. 4170.1

and criminal penalties under Sec. 9260.8.

* * * * *

Secs. 4170.2, 4170.2-1, 4170.2-2 [Removed]

12.-13. Sections 4170.2, 4170.2-1, and 4170.2-2 are removed.

PART 4300--GRAZING ADMINISTRATION; ALASKA; REINDEER

14. The authority citation for part 4300 continues to read as

follows:

Authority: Taylor Grazing Act of 1934, as amended (43 U.S.C.

315, 315(a)-315(r)), section 4 of the Act of August 28, 1937 (43

U.S.C. 1181(d)), and the Federal Land Policy and Management Act of

1976 (43 U.S.C. 1701 et seq.).

15. Section 4340.1 is amended by removing paragraph (b) and the

paragraph designation ``(a)''.

PART 4700--PROTECTION, MANAGEMENT, AND CONTROL OF WILD FREE-ROAMING

HORSES AND BURROS

16. The authority citation for part 4700 continues to read as

follows:

Authority: 16 U.S.C. 1331-1340; 18 U.S.C. 47; 43 U.S.C. 315 and

1740.

17.-20. The heading of subpart 4770 is amended by removing

``Prohibited Acts,''.

Secs. 4770.1, 4770.4, 4770.5 [Removed]

21. Sections 4770.1, 4770.4, and 4770.5 are removed.

Secs. 4770.2 and 4770.3 [Redesignated as Secs. 4770.1 and 4770.2]

22. Subpart 4770 is amended by redesignating Secs. 4770.2 and

4770.3 as Secs. 4770.1 and 4770.2, respectively.

PART 5460--SALES ADMINISTRATION

23. The authority citation for part 5460 continues to read as

follows:

Authority: 30 U.S.C. 601 et seq., 43 U.S.C. 1181e.

Secs. 5462.2 and 5462.3 [Removed]

24.-26. Subpart 5462 is amended by removing Secs. 5462.2 and

5462.3.

PART 5510--FREE USE OF TIMBER

27. The authority citation for part 5510 continues to read as

follows:

Authority: 61 Stat. 681, as amended; 69 Stat. 367; 48 Stat.

1269, sec. 11, 30 Stat. 414, as amended, R.S. 2478, sec. 32, 41

Stat. 450; 30 U.S.C. 601 et seq., 43 U.S.C. 315, 48 U.S.C. 423, 43

U.S.C. 1201, 30 U.S.C. 189.

28.-29. Subpart 5511 is amended by removing Secs. 5511.4 and

5511.5.

GROUP 8200--NATURAL HISTORY RESOURCE MANAGEMENT--[REMOVED]

30. Group 8200 is removed and reserved.

PART 8340--OFF-ROAD VEHICLES

31. The authority citation for part 8340 continues to read as

follows:

Authority: 43 U.S.C. 1201, 43 U.S.C. 315a, 16 U.S.C. 1531 et

seq., 16 U.S.C. 1281c, 16 U.S.C. 670 et seq., 16 U.S.C. 4601-6a, 16

U.S.C. 1241 et seq., and 43 U.S.C. 1701 et seq.

Sec. 8340.0-7 [Removed]

32.-36. Section 8340.0-7 is removed.

Subpart 8341--[Amended]

37. The heading of subpart 8341 is amended by removing the term

``Conditions of Use'' and adding in its place ``Special Rules.''

Sec. 8341.1 [Removed]

38. Section 8341.1 is removed.

Sec. 8341.2 [Redesignated as Sec. 8341.1]

39. Section 8341.2 is redesignated as Sec. 8341.1.

Subpart 8343--[Removed]

40. Subpart 8343 is removed.

Subpart 8344--[Redesignated as Subpart 8343]

Sec. 8344.1 [Redesignated as Sec. 8343.1]

41. Subpart 8344 and Sec. 8344.1 are redesignated as subpart 8343

and Sec. 8343.1, respectively.

PART 8350--MANAGEMENT AREAS--[REMOVED]

42. Part 8350 is removed.

[[Page 57609]]

PART 8360--VISITOR SERVICES--[REMOVED]

43. Part 8360 is removed.

PART 8370--USE AUTHORIZATIONS

44. The authority citation for part 8370 continues to read as

follows:

Authority: 16 U.S.C. 460l-6a, 16 U.S.C. 670(g-n), 16 U.S.C.

1271- 1287, 6 U.S.C. 1241-1249, 43 U.S.C. 1181(a), 43 U.S.C. 1201,

43 U.S.C. 1701 et seq.

45.-47. Section 8372.0-7 is revised to read as follows:

Sec. 8372.0-7 Civil penalties.

Authorized as well as unauthorized users may be subject to civil

action for unauthorized use of the public lands and their resources, or

violations of the permit terms or stipulations, or unauthorized

activities on or having a clear potential to affect water bodies on or

adjacent to BLM lands.

PART 8560--WILDERNESS AREAS

48. The authority citation for part 8560 continues to read as

follows:

Authority: 43 U.S.C. 1701 et seq., 16 U.S.C. 1131 et seq.

Sec. 8560.1-2 [Removed]

49.-52. Section 8560.1-2 is removed.

53.-54. Section 8560.5 is revised to read as follows:

Sec. 8560.5 Civil penalties.

At the request of the Secretary of the Interior, the Attorney

General may institute a civil action in any United States district

court for an injunction or other appropriate order to prevent any

person from utilizing public lands in violation of the regulations of

this part.

PART 9210--FIRE MANAGEMENT--[REMOVED]

55. Part 9210 is removed.

PART 9260--LAW ENFORCEMENT--CRIMINAL

56. Part 9260 is revised to read as follows:

Subpart 9260--Law Enforcement, General

Sec.

9260.1 What is the purpose of these regulations?

9260.2 What is the Authority for these regulations?

9260.4 What are BLM law enforcement officers authorized to do?

9260.5 Do BLM law enforcement officers have special authority to

conduct investigations concerning Federal oil and gas?

9260.6 Definitions.

9260.7 What is the scope of these regulations?

9260.8 What are the criminal penalties for violating these

regulations?

Subpart 9261--Insignia, Badges and Identification Cards

9261.1 What does BLM's official insignia look like?

9261.2 What do the official badges of BLM law enforcement

authorities look like?

9261.3 What do the official identification cards of BLM law

enforcement authorities look like?

9261.4 May I use, manufacture or possess BLM insignia, badges, or

identification cards?

Subpart 9262--Rules of Conduct on BLM Lands and Facilities

9262.1 What BLM rules must I follow when I'm on BLM lands or in BLM

buildings or facilities?

9262.2 What are BLM's rules on using or consuming alcohol or

controlled substances on BLM lands?

9262.3 Are there any circumstances under which I may possess a

controlled substance on BLM lands?

9262.4 What BLM rules concerning public health and sanitation and

hazardous materials must I follow while I'm on BLM lands?

9262.5 What BLM rules must I follow while I camp on or occupy BLM

lands?

9262.6 May I use a bicycle or mechanical equipment on BLM lands?

9262.7 What BLM rules concerning public disturbances and dangerous

activities must I follow while I'm on BLM lands?

9262.8 What BLM rules must I follow if I want to use fire on BLM

lands?

Subpart 9263--Motor Vehicle Use on BLM Lands

9263.1 What rules must I follow while I operate a motor vehicle or

use a trailer on BLM lands?

9263.2 What standards must my vehicle comply with while on BLM

lands?

Subpart 9264--Resource Use and Development of BLM Lands for Commercial

or Other Uses That Must Be Authorized by BLM

9264.1 For what types of activities does BLM require authorization

for use and development of BLM lands and resources?

General Rules When Your Use Is Authorized by BLM

9264.20 What rules must I follow when BLM has authorized my use on

BLM lands?

9264.30 Must I get BLM authorization to install oil and gas

pipelines or facilities on BLM lands?

9264.50 May I occupy a residence on BLM lands?

Recreation Uses and Events

9264.60 What rules must I follow to participate in or sponsor

special recreation uses or events on BLM lands?

Use and Occupancy for Development of Locatable Mineral Deposits

9264.70 What BLM rules must I follow if I want to explore for, mine

or process locatable minerals on BLM lands?

Rangelands

9264.80 What BLM rules must I follow while I'm on public land

rangelands?

Forest Resources

9264.90 What BLM rules concerning forest and vegetative resources

must I follow while I'm on BLM lands?

Subpart 9265--Public Use and Collection of BLM Resources

General Rules for Public Use of BLM Resources

9265.1 What resources may I collect from BLM lands for

noncommercial purposes?

Wild Horses and Burros

9265.20 What BLM rules must I follow when I handle BLM wild horses

and burros?

Cave Resources

9265.30 What BLM rules concerning cave resources must I follow

while I'm on BLM lands?

9265.31 Can I possess or sell cave resources?

Fish and Wildlife Resources

9265.41 Must I have a valid public land management area stamp to

hunt, trap, or fish on BLM lands?

9265.42 Must I obey Federal, State, and local laws and regulations

concerning conserving and protecting fish, wildlife, and plant

resources while I'm on BLM lands?

9265.43 Is Alaska subsistence use of fish and wildlife resources

regulated by BLM and other Federal land management agencies?

9265.44 Can I hinder lawful hunting on BLM lands?

Cultural and Natural Resources

9265.50 What BLM rules concerning cultural resources must I follow

while I'm on BLM lands?

9265.60 What BLM rules concerning natural features or resources

like plants, soil and minerals must I follow while I'm on BLM lands?

Water Resources

9265.70 What BLM rules must I follow when I use water resources

that are on BLM lands?

Subpart 9266--Recreation Sites and Areas

General Rules of Public Conduct and Use of BLM Recreation Sites and

Areas

9266.21 What BLM rules concerning public health and safety must I

follow while I'm in a BLM recreation site or area?

9266.22 What BLM rules must I follow while I occupy or use BLM

recreation sites and areas?

[[Page 57610]]

9266.23 What BLM rules must I follow if I want to bring an animal

into a BLM recreation site or area?

9266.24 What BLM rules must I follow if I want to use audio devices

or motorized equipment in a BLM recreation site or area?

9266.25 May I discharge or use fireworks, firearms or weapons in a

BLM recreation site or area?

Subpart 9267--Congressionally Designated Management Areas

General Rules of Public Conduct and Use of BLM National Wilderness

Areas

9267.1 What BLM rules must I follow while I'm in a National

Wilderness Area?

General Rules of Public Conduct and Use of BLM National Scenic Trails

and Areas

9267.20 May I operate a motor vehicle on a National Scenic Trail or

area?

General Rules of Public Conduct and Use of BLM National Conservation

Areas

9267.40 What BLM rules must I follow while I'm in the San Pedro

Riparian National Conservation Area?

9267.43 What other BLM rules must I follow while I'm in the Snake

River Birds of Prey National conservation Area?

Subpart 9268--Administratively Established Management Areas

General Rules of Public Conduct and Use of BLM Administratively

Established Management Areas

9268.10 What BLM rules must I follow while I'm in an outstanding

natural area?

9268.20 What BLM rules must I follow while I'm in a research

natural area?

9268.30 What BLM rules must I follow while I'm in a Fossil Forest

Research Natural Area?

9269.50 What BLM rules must I follow while I'm in a primitive area?

General Rules of Public Conduct and Use of BLM Resource Conservation

Areas

9268.60 What BLM rules must I follow while I'm in the Empire-

Cienega Resource Conservation Area?

Subpart 9269--Local Closures, Restrictions, and Rules

Orders to Close or Restrict Use of A Described Area

9269.1 May BLM issue orders to close or restrict my use of a

described area?

9269.2 Under what circumstances may BLM issue orders to close or

restrict my use of a described area?

9269.3 What must BLM include in each order that closes or restricts

use of a described area?

9269.4 Must BLM orders closing or restricting use of a described

area be posted?

9269.5 Must an order closing or restricting use of a described area

be published in the Federal Register before it becomes effective?

9269.6 What is the maximum duration of a closure or restriction

order under this section?

9269.7 What must BLM do to close or restrict use of a described

area for longer than 12 months?

9269.8 Must BLM consult with the State fish and game department for

closures and restrictions related to hunting and fishing?

9269.9 What are the penalties for violating a closure or

restriction order?

Supplemental and Special Rules

9269.21 What are supplemental and special rules?

9269.22 Where can I see a copy of a supplemental or special rule

affecting a particular area?

9269.23 Must a supplemental or special rule be published in the

Federal Register before it becomes effective?

9269.24 Must BLM consult with the State fish and game department

for supplemental and special rules relating to hunting and fishing?

9267.25 What are the penalties for violating a supplemental or

special rule?

Authority: 16 U.S.C. 460 l-6a; 16 U.S.C. 470ii; 16 U.S.C. 432;

16 U.S.C. 670h; 16 U.S.C. 712; 16 U.S.C 1246(i); 16 U.S.C. 1281; 16

U.S.C. 1336; 16 U.S.C. 4303; 30 U.S.C. 1701 et seq.; 43 U.S.C. 315a;

43 U.S.C. 1061-1066; 43 U.S.C. 1201; 43 U.S.C. 1733(a); 43 U.S.C.

1740; and Executive Order 11644.

Subpart 9260--Law Enforcement, General

Sec. 9260.1 What is the purpose of these regulations?

The regulations in this part describe the law enforcement powers

and authorities of the Bureau of Land Management (BLM) and identify

many of the activities which are prohibited under BLM regulations,

especially those related to use of the surface of the public lands.

These regulations also describe criminal penalties for committing the

listed prohibited acts or for violating other applicable regulatory

requirements. With a few exceptions, the regulations in this part do

not describe the requirements related to mineral development on the

public lands under Groups 3000 through 3800 of this title which are

equally enforceable by law. To the extent any miner, operator, lessee

or user of BLM lands knowingly or willfully violates regulatory

requirements or prohibitions in Groups 3000 through 3800 with respect

to the management, use, and protection of the public lands, that person

is subject to the criminal penalties under section 303 of FLPMA.

Sec. 9260.2 What is the authority for these regulations?

The primary authority for BLM's law enforcement program and for the

regulations in this part is the Federal Land Policy and Management Act

of 1976 (FLPMA) (43 U.S.C. 1733). BLM is also authorized, under various

other Federal statutes, to enforce certain provisions of those

statutes. FLPMA authorizes the Secretary of the Interior to:

(a) Issue regulations pertaining to the management, use, and

protection of the public lands and property located on public lands.

Violation of a regulation issued under FLPMA is punishable as a

criminal offense;

(b) Authorize Federal personnel to enforce Federal laws and

regulations relating to the public lands and their resources;

authority to enforce Federal laws and regulations relating to the

public lands or their resources when he or she determines that such

assistance is necessary; and

(d) Cooperate with regulatory and law enforcement officials of any

State or political subdivision of a State in enforcing the laws or

ordinances of the State or subdivision. This cooperation includes

entering into agreements to provide law enforcement services on public

lands. The agreement may also reimburse a State or its subdivision for

expenditures incurred in providing law enforcement services.

Sec. 9260.4 What are BLM law enforcement officers authorized to do?

BLM law enforcement officers are authorized to:

(a) Under FLPMA (43 U.S.C. 1733(c)(1)):

(1) Carry firearms;

(2) Execute and serve any warrant or other process issued by a

court or officer of competent jurisdiction;

(3) Make arrests without warrant or process for a:

(i) Misdemeanor he or she sees or has reasonable grounds to believe

is being committed in his or her presence; or

(ii) Felony, if he or she has reasonable grounds to believe that

the person to be arrested has committed or is committing a felony;

(4) Search without warrant or process any person, place, or vehicle

according to any Federal law or rule of law; and

(5) Seize without warrant or process any piece of evidence as

provided by Federal law.

(b) Under 43 U.S.C. 1466, take oaths, affirmations, affidavits and

depositions with the same force and effect as if administered or taken

before an officer having a seal.

[[Page 57611]]

Sec. 9260.5 Do BLM law enforcement officers have special authority to

conduct investigations concerning Federal oil and gas?

Yes. Under the Federal Oil and Gas Royalty Management Act (30

U.S.C. 1701 et seq.), BLM law enforcement officers may conduct

investigations relating to oil and gas removal from BLM lands and

Indian lands. In connection with oil and gas investigations, a law

enforcement officer has authority to:

(a) Require any person to submit a written affidavit;

(b) Administer oaths;

(d) Subpoena books, papers, records, and documents;

(e) Order testimony to be taken by deposition; or

(f) Stop and inspect any motor vehicle on BLM lands or Indian lands

if the law enforcement officer has probable cause to believe that the

vehicle is carrying oil from a lease site on those lands. The law

enforcement officer may stop the vehicle to determine whether the

driver has documentation required by law for the oil.

Sec. 9260.6 Definitions.

As used in this part and in other provisions found in 43 CFR:

Alcoholic beverage means beer, wine, distilled spirits, and any other

beverage defined as such by State law.

Archeological resource means the same as defined in part 7 of this

Title.

BLM lands means public lands defined in the FLPMA as any land and

interest in land owned by the United States within the several States

and administered by the Secretary of the Interior through the Bureau of

Land Management, without regard to how the United States acquired

ownership.

Campfire means a controlled fire occurring out of doors that is no

larger than 3 feet in diameter.

Camping means:

(1) Erecting a tent or shelter made of natural or synthetic

material;

(2) Preparing a sleeping bag or other bedding material for use; or

(3) Parking a motor vehicle, motor home or trailer, or mooring of a

vessel for the apparent purpose of overnight occupancy.

Commercial filming and/or photography means the filming of a motion

picture or television production or the making of a soundtrack, which

involves the use of professional casts, settings or crews by any person

other than bona fide newsreel or news television personnel; or the

taking of still photographs for the purpose of commercial advertising.

Commercial recreation use includes, but is not limited to, guiding,

outfitting, sponsoring, organizing, or providing for recreational use

of or events on BLM lands for business or financial gain. The following

are considered commercial uses:

(1) When any fee, charge, or other compensation which is strictly a

sharing of, or is in excess of, actual expenses incurred for the

purposes of the activity or use is collected by a permittee, operator,

or his agent;

(2) Activities conducted by profit making organizations, even if

that part of their activity that requires a permit is not profit

making; and

(3) Activities conducted by nonprofit groups when they are for

business or financial gain.

Competitive use is any formally organized or structured use, event,

or activity on BLM lands in which there are the elements of competition

between two or more contestants, registration of participants, and/or a

predetermined course or area is designated. The term also applies to

one or more individuals contesting an established record such as speed

or endurance of a person or animal, foot races, water craft races,

survival exercises, war game trials or experiences or other similar

exercises.

Controlled substance means a drug or other substance, or immediate

precursor, included in schedule I, II, III, IV, or V of 21 U.S.C. 812,

or in 21 CFR 1308.11 through 1308.15. The term does not include

distilled spirits, wine, malt beverages, or tobacco, as those terms are

defined or used in subtitle E of the Internal Revenue Code of 1986.

Dangerous activity means any action which could reasonably be

construed as having an undue risk of danger or harm to yourself or

others.

Event means a single structured, organized, consolidated or

scheduled meeting, gathering, or occurrence on BLM lands. An event may

be several related activities.

Fined in accordance with the applicable provisions of Title 18 of

the United States Code means the maximum fine provided for the various

classifications of offenses in Title 18 of the United States Code

Section 3571--Alternative Fines.

Hazard or nuisance means a condition that is dangerous to health,

offensive to community moral standards, or an obstruction of the

public's use and enjoyment of public lands.

Hazardous or injurious device means a device which, when assembled

or placed, is capable of causing bodily injury, or damage to property,

by the action of any person making contact with such device subsequent

to the assembly or placement. This term includes:

(1) Guns, ammunition, or explosive devices attached to trip wires

or other triggering mechanisms;

(2) Sharpened stakes;

(3) Lines or wires with or without hooks attached;

(4) Nails placed with the sharpened ends positioned in an upright

manner; and

(5) Tree spiking devices including spikes, nails or other objects

which are hammered, driven, fastened, or placed into or on any timber,

whether or not severed from the stump.

Highway, road or trail means a way or place that is publicly

maintained and open to the public for vehicular travel without regard

to which public agency has jurisdiction, operates or maintains it.

Historical resource means any structural, architectural,

archaeological, artifactual or other material remains of past human

life or activities which are of historical or cultural interest. This

term includes historic property, as that term is defined in 36 CFR part

800. This term also includes, but is not limited to:

(1) Historic or pre-historic objects, or any piece or portion of

objects, made or used by humans, such as historic or pre-historic:

(i) Pottery;

(ii) Basketry;

(iii) Bottles;

(iv) Weapons;

(v) Weapon projectiles;

(vi) Tools; and

(vii) Structures or portions of structures; and

(2) The physical site, location, or context in which the objects

like those listed in paragraph (1) of this definition are found, or

human skeletal materials or graves which are related to or located in

an historic property.

Law enforcement officer means a BLM law enforcement ranger or

criminal investigator who has been delegated law enforcement authority

by the Director to enforce Federal laws and regulations relating to the

public lands and their resources.

Licensed practitioner means a physician, dentist, veterinarian,

scientific investigator, pharmacy, hospital, or other person licensed,

registered, or otherwise permitted, by the United States or the

jurisdiction in which he practices or does research, to distribute,

dispense, conduct research with respect to, administer, or use in

teaching or chemical analysis, a controlled substance in the course of

professional practice or research.

Mechanical equipment means any device for transporting personnel or

[[Page 57612]]

material with wheels, tracks, or skids, or by flotation, for traveling

over land, water, or snow, and is propelled by a nonliving power source

contained or carried on or within the device; or a bicycle or hang-

glider.

Motor Vehicle means any motorized vehicle capable of, or designed

for, travel or operation on or immediately over land or water.

Occupancy means the same as defined in 43 CFR 3715.0-5.

Other vegetative resource means the same as defined in 43 CFR part

5400.

Outstanding natural area means an area of unusual natural

characteristics where management of recreation activities is necessary

to preserve those characteristics.

Paleontological resources means the remains or trace(s) of a plant

or animal which has been preserved by natural processes in the earth's

crust or exposed on the surface. The term does not mean energy

minerals, such as coal, oil and gas, oil shale, bitumen, lignite,

asphaltum and tar sands, even though they are of biologic origin.

Person means, depending on the context, individual, corporation,

company, partnership, trust, firm, association of persons, or State or

political sub-divisions of a State.

Pollute or contaminate water means to discharge or place in water

any of the following substances: dredged spoil, solid waste,

incinerator residue, filter backwash, sewage, garbage, sewage sludge,

munitions, chemical wastes, biological materials, radioactive

materials, heat, wrecked or discarded equipment, rock, sand, cellar

dirt and industrial, municipal, and agricultural waste.

Primitive area means an area that is composed of natural,

undeveloped lands that are essentially unaffected by civilization and

located where the natural environment can be preserved by management of

recreation activities and exclusion of additional roads and commercial

developments.

Public disturbance means any activity that interferes with the

public's enjoyment of BLM land.

Range improvements means the same as defined in 43 CFR part 4100.

Recreation sites and areas means sites and areas that contain

structures or capital improvements primarily used by the public for

recreation purposes. Such sites or areas include:

(1) Delineated spaces for parking, camping or boat launching;

(2) Sanitary facilities;

(3) Potable water systems;

(4) Grills or fire rings;

(5) Tables;

(6) Visitor Centers;

(7) Shelters; and

(8) Display panels or controlled access.

Research natural area means an area that is established and

maintained for the primary purpose of research and education because

the land has one or more of the following characteristics:

(1) A typical representation of a common plant or animal

association;

(2) An unusual plant or animal association;

(3) A threatened or endangered plant or animal species;

(4) A typical representation of common geologic, soil, or water

features; or

(5) Outstanding or unusual geologic, soil, or water features.

Scientific resource means any resource, object or area that is of

significant interest or of such unique or unusual character as to

warrant a need for scientific study.

Service animal means the same as provided in the definition section

of the regulations implementing the Americans With Disabilities Act, 28

CFR part 36.

Special area is a(n):

(1) National Trail;

(2) National Wild and Scenic River;

(3) National Wilderness Area;

(4) National Conservation Area;

(5) Area of Critical Environmental Concern;

(6) Area covered by joint agreement between the Bureau of Land

Management and a State government as provided for in Title II of the

Sikes Act; or

(7) Area where BLM determines the resources require special

management and control measures for their protection.

Timber means the same as defined in 43 CFR part 5400.

Wild horses and burros means the same as defined in 43 CFR part

4700.

Sec. 9260.7 What is the scope of these regulations?

The regulations in this part apply to, and the BLM law enforcement

program extends to, BLM lands, lands administered by BLM, property on

BLM lands, other resources of BLM lands, and activities on or having a

clear potential to affect water bodies on or adjacent to BLM lands.

Sec. 9260.8 What are the criminal penalties for violating these

regulations in this part?

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

If Then

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

(a) You do not pay any fee required You may be brought before a

under 43 CFR part 8372 for a special designated United States

use or event on BLM lands. magistrate judge and fined in

accordance with the applicable

provisions of Title 18 of the

United States Code pursuant to

the Land and Water

Conservation Fund Act (16

U.S.C. 460l-6a).

(b) You willfully violate any of the You may be brought before a

prohibited acts listed in this part designated United States

within established grazing districts magistrate judge and fined in

on BLM lands. accordance with the applicable

provisions of Title 18 of the

United States Code pursuant to

the Taylor Grazing Act (43

U.S.C. 315a).

the Land and Water Conservation Fund designated United States

Act or 36 CFR part 71 or both. magistrate judge and fined in

accordance with the applicable

provisions of Title 18 of the

United States Code pursuant to

the Land and Water

Conservation Fund Act (16

U.S.C. 460l-6a).

(d) You are hunting, trapping or You may be brought before a

fishing on BLM lands and do not have designated United States

in your possession a valid BLM public magistrate judge and fined in

land management area stamp required by accordance with the applicable

BLM under Sec. 9265.41 and the State provisions of Title 18 of the

fish and game agency under the Sikes United States Code and/or

Act (16 U.S.C. 670(j)).. imprisonment not to exceed 6

months pursuant to the Sikes

Act (16 U.S.C. 670(j)(1)).

(e) You violate any prohibited act of You may be brought before a

this part on BLM lands within units of designated United States

the National Trails System, National magistrate judge and fined in

Wild and Scenic Rivers System, or accordance with the applicable

within areas subject to a provisions of Title 18 of the

comprehensive plan and cooperative United States Code and/or

agreement with State fish and game imprisonment not to exceed 6

agencies for the conservation and months pursuant to the

rehabilitation of wildlife, fish, and National Trails System Act (16

game. U.S.C. 1246(i)), the National

Wild and Scenic Rivers Act (16

U.S.C. 1281(c)), or the Sikes

Act (16 U.S.C. 670(j)(2)).

[[Page 57613]]

(f) You violate any other Federal law You may be brought before a

or regulation related to the public designated United States

lands and resources, or any other magistrate judge and may be

applicable Federal law or regulation subject to the maximum penalty

on any BLM lands. authorized by the applicable

provisions of those Federal

laws or regulations.

(g) You knowingly and willfully violate If you are an individual, you

any of regulatory requirements in 43 may be brought before a

CFR applicable to members of the designated United States

public or any of the prohibited acts magistrate judge and fined in

listed in this part on any BLM land. accordance with the applicable

provisions of Title 18 of the

United States Code or

imprisonment for no more than

12 months, or both, pursuant

to FLPMA (43 U.S.C. 1733(a)).

If you are a corporation, you

may be brought before a

designated United States

magistrate judge and fined in

accordance with the applicable

provisions of Title 18 of the

United States Code pursuant to

FLPMA.

(h) You knowingly and willfully do not You may be brought before a

comply with one of the requirements of designated United States

this part. magistrate judge and fined in

accordance with the applicable

provisions of Title 18 of the

United States Code or

imprisonment for no more than

12 months, or both, pursuant

to the FLPMA (43 U.S.C.

1733(a)).

(i) You knowingly organize or You may be brought before a

participate in any scheme, designated United States

arrangement, plan or agreement to magistrate judge and fined no

circumvent or defeat the provisions of more than $500,000 or

the Mineral Leasing Act, as amended, imprisoned for no more than 5

30 U.S.C. 181 et seq., or its years, or both, pursuant to 30

implementing regulations. U.S.C. 195, 101 Stat. 1330-260

(1987).

(j) You knowingly seek to obtain or You may be brought before a

obtain any money or property by means designated United States

of false statements of material facts magistrate judge and fined no

or failing to state material facts more than $500,000 or

concerning. imprisoned for no more than 5

(1) The value of any lease or years, or both, pursuant to 30

portion thereof issued under the U.S.C. 195, 101 Stat. 1330-260

Mineral Leasing Act, as amended, 30 (1987).

U.S.C. 181 et seq;.

(2) The availability of any land

for leasing under the Mineral Leasing

Act, as amended, 30 U.S.C. 181 et seq;.

(3) The ability of any person to

obtain leases under the Mineral

Leasing Act, as amended, 30 U.S.C. 181

et seq.; or.

(4) The provisions of the Mineral

Leasing Act, as amended, 30 U.S.C. 181

et seq., and its implementing

regulations.

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BILLING CODE 4310-84-P

Subpart 9261--Insignia, Badges and Identification Cards

Sec. 9261.1 What does BLM's official insignia look like?

[GRAPHIC] [TIFF OMITTED] TP07NO96.000

[[Page 57614]]

Sec. 9261.2 What do the official badges of BLM law enforcement

authorities look like?

[GRAPHIC] [TIFF OMITTED] TP07NO96.001

Sec. 9261.3 What do the official identification cards of BLM law

enforcement authorities look like?

[GRAPHIC] [TIFF OMITTED] TP07NO96.002

BILLING CODE 4310-84-C

Sec. 9261.4 May I use, manufacture or possess BLM insignia, badges or

identification cards?

Unless BLM has authorized it, you must not:

(a) Manufacture, sell, or possess any imitation of or any insignia,

badge, or identification card illustrated in Secs. 9261.1 through

92.61.3;

(b) Make or execute any engraving, photograph, print, or impression

of an insignia, badge, or identification card, or insignia like those

illustrated in Secs. 9261.1 through 92.61.3; or

are not authorized to possess a BLM insignia, badge, or identification

card, BLM law enforcement officers may seize it.

Subpart 9262--Rules of Conduct on BLM Lands and Facilities

Sec. 9262.1 What BLM rules must I follow when I'm on BLM lands or in

BLM buildings or facilities?

(a) If you are on BLM lands or in buildings or facilities

administered by or used to administer BLM lands and resources, you must

not:

(1) Resist, evade, or attempt to flee, in order to avoid arrest or

being issued a citation by a law enforcement officer performing

official duties;

(2) Interfere with any BLM employee or volunteer performing

official duties;

(3) Threaten, commit a battery upon, or assault any BLM employee or

volunteer performing official duties or on account of performing

official duties;

(4) Give a false or fraudulent report of an emergency situation or

give false information concerning a crime or violation;

(5) Give false or fraudulent information to a law enforcement

officer;

(6) Provide false or fraudulent information or documents, or

conceal a material fact relevant to use authorizations or permits;

(7) Knowingly and willfully make payment for any product, use

authorization, fee or service with insufficiently funded checks;

(8) Remove, deface, destroy, transport, or convert to private use,

property owned, operated, maintained, administered by, or in the

custody of BLM;

(9) Tamper with, damage or destroy any improvements, signs,

structures, wells, pipelines or dams, administered by BLM;

(10) Enter any building, structure or enclosed area or any portion

of any building, structure or enclosed area owned or controlled by the

United States not open to the public;

(11) Use, place, or cause to be placed a hazardous or injurious

device with disregard for the safety of another;

(12) Create a hazard or nuisance;

(13) Prevent or obstruct free passage or transit over or through

the BLM lands by force, threat, intimidation, fences, signs, barriers

or locked gates;

(14) Damage, remove, transport, or possess property belonging to

another person without permission;

(15) Intimidate, endanger, assault, injure, or interfere with any

person; or

(16) Place a vehicle or other object where it impedes or is a

hazard to the safety or convenience of any person. A law enforcement

officer may remove or have removed a vehicle or other object which

impedes or is a hazard to the safety or convenience of any person, or

which has been left where it impairs any area of BLM lands.

(b) You must obey the lawful order of a law enforcement officer

performing official duties.

[[Page 57615]]

Sec. 9262.2 What are BLM's rules on possessing, using, or consuming

alcohol or controlled substances on BLM lands?

If you are on BLM lands, you must not:

(a) Sell or give an alcoholic beverage to a person under 21 years

of age, except where a lower age limit is allowed by State law;

(b) Possess or consume an alcoholic beverage if you are under 21

years old, unless a lower age limit is allowed by State law;

or license;

(d) Consume alcoholic beverages in areas where BLM or State or

Federal law prohibits it;

(e) Cultivate, manufacture, deliver, distribute or traffic a

controlled substance. Delivery means the actual, attempted or

constructive transfer of a controlled substance whether or not there

exists an agency relationship. You may distribute or deliver a

controlled substance if you are a licensed practitioner and act

according to law;

(f) Possess a controlled substance, including any amount of

marijuana over 28.5 grams; or

(g) Possess any amount of marijuana up to and including 28.5 grams.

Sec. 9262.3 Are there any circumstances under which I may possess a

controlled substance on BLM lands?

Yes. You may possess a controlled substance if you are a licensed

practitioner acting according to law, or you obtained the substance

either directly or pursuant to:

(a) A valid prescription or order from a licensed practitioner

acting in the course of professional practice; or

(b) Federal or State law.

Sec. 9262.4 What BLM rules concerning public health, sanitation, and

hazardous materials must I follow while I'm on BLM lands?

(a) You must not:

(1) Litter.

(2) Drain or dump sewage or solid waste, except in places or

receptacles provided for that purpose. You may drain wash water unless

BLM has prohibited it by supplementary or special rule.

(3) Dump, leave, or dispose of any household, commercial, hazardous

or petroleum products, or industrial trash, refuse, or waste.

(4) Pollute or contaminate water.

(5) Generate, store, treat, transport, dispose of, discharge, or

otherwise handle any hazardous waste identified in 42 U.S.C. 6901 et

seq., unless you have a valid permit issued under 42 U.S.C. 6925.

Section 6925 sets the standards and procedures for permits for the

treatment, storage, or disposal of hazardous waste under the Resource

Conservation and Recovery Act (RCRA).

(b) You must:

(1) Report immediately to the nearest BLM office that you

discharged or spilled hazardous material or waste, oil, flammable

material or substance, sewage, or any other harmful substance or

pollutant on BLM land.

(2) Use refuse containers and disposal facilities only for purposes

for which they are supplied.

(3) Comply with all other requirements of RCRA.

Sec. 9262.5 What BLM rules must I follow while I camp on or occupy BLM

lands?

On BLM lands, unless BLM has authorized it, you must not:

(a) Occupy or camp longer than 14 consecutive days out of every 90

consecutive days in the same site or within a 25-mile radius of that

site unless BLM authorizes a different time period; or

(b) Leave personal property unattended longer than 14 days (12

months in Alaska). Personal property left unattended longer than 14

consecutive days (12 months in Alaska), without BLM's permission:

(1) Will be considered abandoned;

(2) May be removed by BLM; and

(3) Is subject to disposition under the Federal Property and

Administrative Services Act of 1949, as amended (40 U.S.C. 484(m)).

Sec. 9262.6 May I use a bicycle or mechanical equipment on BLM lands?

You may use bicycles or mechanical equipment on BLM lands unless an

area, road or trail is closed to that use. You must obey all special or

supplemental rules and posted signs or other notices regarding

closures.

Sec. 9262.7 What BLM rules concerning public disturbances and

dangerous activities must I follow while I'm on BLM lands?

On BLM lands, unless BLM has authorized it, you must not cause a

public disturbance or create a risk to other persons by engaging in

activities which include, but are not limited to:

(a) Making unreasonable noise;

(b) Discharging a firearm or any other implement capable of taking

human life, causing injury, or damaging property:

(1) In or within 150 yards of a residence, building, campsite,

recreation site or occupied area;

(2) Across or on a publicly maintained highway, road, or trail

currently open for public motor vehicle traffic or an adjacent body of

water; or

(3) At glass bottles or other materials being used for targets that

have a tendency to break into hazardous fragments with sharp edges and

projections; or

devices or materials in violation of other Federal, State, or local

laws, regulations, and ordinances.

Sec. 9262.8 What BLM rules must I follow if I want to use fire on BLM

lands?

(a) Unless BLM authorized it, you must not:

(1) Start or ignite a fire. However, BLM does allow campfires and

the industrial flaring of gas on BLM lands if you comply with BLM

regulations and orders and obtain any necessary authorizations.

(2) Discharge a tracer or incendiary device.

(3) Burn timber, trees, slash, brush, tundra or grass except in

campfires.

(4) Leave a fire without extinguishing it except to report that it

has spread beyond control.

(5) Resist or interfere with the efforts of firefighter(s) to

extinguish a fire.

(b) You must:

(1) Remove all flammable material from around the campfire before

you build, attend, maintain or use a campfire, to prevent the fire from

spreading.

(2) Have in your possession a valid campfire permit before you

build, attend, maintain or use a campfire, when BLM requires a permit.

(3) Obey the conditions of the campfire permit, when BLM requires a

permit.

(4) Obey State and local laws, regulations and ordinances

concerning fire prevention restrictions, including but not limited to:

(i) Fireworks;

(ii) Spark arresters (A spark arrester is a device that meets the

U.S. Department of Agriculture--Forest Service Standard 5100-1a);

(iii) Interfering with emergency operations;

(iv) Arson;

(v) Campfire permits; or

(vi) Use of flammable substances and materials.

Subpart 9263--Motor Vehicle Use on BLM Lands

Sec. 9263.1 What rules must I follow while I operate a motor vehicle

or use a trailer on BLM lands?

(a) While you operate a motor vehicle or use a trailer on BLM lands

you must:

(1) Obey State and local laws, regulations, and ordinances relating

to the use, standards, registration, operation, and inspection of

motorized vehicles and trailers. If State and local

[[Page 57616]]

laws, regulations, or ordinances do not exist or are less stringent

than the regulations in this part, these regulations are the minimum

standards and apply to you and your motor vehicle.

(2) Obey traffic control signs and devices.

(3) Obey posted parking restrictions.

(4) Yield to pedestrians, bicycles, saddle horses, pack animals, or

animal drawn vehicles.

(5) Yield to emergency vehicles.

(6) Stop when a law enforcement officer directs you to do so.

(7) Obey the posted speed limit.

(8) Obey the terms and conditions of the applicable designation

pertaining to areas and trails under 43 CFR subpart 8342. BLM

designates public lands as being open, limited, or closed to motor

vehicle use.

(b) You must not use or operate a motor vehicle or trailer on BLM

lands:

(1) In any location closed to motor vehicle use;

(2) At a speed greater than is reasonable or prudent or at a speed

which endangers the safety of other persons or property;

(3) In a reckless, careless or negligent manner;

(4) While under the influence of alcohol or controlled substances

or both (The standards for establishing under the influence are those

prescribed by State law in the State where the offense occurs);

(5) In a manner causing, or likely to cause damage to or

disturbance of the soil, water, wildlife, wildlife habitat,

improvements, cultural, paleontological, or vegetative resources; or

(6) In a manner that would block, restrict, or otherwise interfere

with the lawful use of a road, trail, gate, or other area of access.

Sec. 9263.2 What standards must my vehicle comply with while on BLM

lands?

Your vehicle must be equipped with:

(a) Lighted headlights and taillights during night hours, which

means the hours from a half-hour after sunset to a half-hour before

sunrise. If you are driving a motor vehicle on BLM lands during night

hours, your vehicle must comply with the following:

(1) Headlights must be powerful enough to illuminate an object at

300 feet at night under normal atmospheric conditions;

(2) Two- or three-wheeled vehicles, single tracked vehicles, and

other vehicles commonly referred to as all-terrain vehicles must have

at least one headlight;

(3) Vehicles with four or more wheels or more than a single track

must have at least two headlights;

(4) Double tracked snow machines with a maximum capacity of two

people must have at least one headlight; and

(5) Taillights must be red and capable of being seen at a distance

of 500 feet from the rear at night under normal atmospheric conditions.

Vehicles must have at least the same number of taillights as

headlights;

(b) Brakes in good working condition;

bypass, or similar device. Your vehicle must not produce excessive

noise; and

(d) Seat belts for each front seat passenger that conform to United

States Department of Transportation standards. Each front seat

passenger must be restrained by a seat belt while your vehicle is in

motion. Children must be restrained in car seat safety devices or seat

belts, according to provisions of State law.

Subpart 9264--Resource Use and Development of BLM Lands for

Commercial or Other Uses That Must Be Authorized by BLM

Sec. 9264.1 For what types of activities does BLM require

authorization for use and development of BLM lands and resources?

If you want to use, occupy or develop BLM lands for commercial

purposes or other purposes that involve altering the natural terrain or

removal of resources, you may need to obtain a use authorization,

lease, permit or other authorization from BLM. Please consult the

specific subpart(s) in 43 CFR which govern the activity in which you

would like to engage. The following listing, though not intended to be

a complete listing, describes many of the activities and uses in which

you must not be engaged without obtaining the necessary authorization

from BLM:

(a) Use of a right-of-way;

(b) Use, development or processing of BLM resources, including but

not limited to, oil and gas, coal, hardrock minerals, mineral

materials, and timber;

(d) Use of easements;

(e) Special recreation uses;

(f) Exploration, mining, milling, or beneficiation;

(g) Commercial filming and/or photography;

(h) Selling materials;

(i) Free use of resources;

(j) Livestock grazing;

(k) Road building and/or use of other means of access or

transportation;

(l) Installing utilities;

(m) Developing communication and/or navigation sites;

(n) Cultivating crops;

(o) Developing trash dumps;

(p) Construction of any kind;

(q) Developing canals and ditches;

(r) Putting up billboards or no trespassing signs;

(s) Putting up gates or fences;

(t) Selling objects to the public;

(u) Manufacturing;

(v) Generation of electricity; or

(w) Fluid minerals injection or storage.

General Rules When Your Use is Authorized by BLM

Sec. 9264.20 What rules must I follow when BLM has authorized my use

on BLM lands?

When you have been authorized to use, occupy, or develop BLM lands

or resources, you must:

(a) Comply with the terms, stipulations or conditions set out in

the use authorization;

(b) Not continue to use, occupy, or develop BLM lands or resources

after the use authorization expires or is revoked, suspended,

terminated or canceled or for purposes other than those for which BLM

approves or authorizes it;

(d) Comply with requirements for restoration, revegetation or

curtailment of erosion of the land surface, or any other reclamation

measure BLM determines necessary; and

(e) Comply with all other applicable rules and regulations.

Sec. 9264.30 Must I get BLM authorization to install oil and gas

pipelines or facilities on BLM lands?

Yes. On BLM lands which are outside of the boundaries of an oil and

gas leasehold and of any tracts committed to an approved agreement

under 43 CFR subpart 3130, you must not install oil or gas pipelines or

facilities without a right-of-way, temporary use permit, or other

authorization required by 43 CFR part 2800. On BLM lands which are

within the boundaries of an oil and gas leasehold or any tracts

committed to an approved agreement under 43 CFR subpart 3130, you must

not install oil or gas pipelines or facilities without complying with

the oil and gas lease terms or the terms of the agreement and with an

approved plan of operations.

Sec. 9264.50 May I occupy a residence on BLM lands?

(a) Yes, but only if BLM issued you a lease, permit or other

authorization under 43 CFR part 2900 or 43 CFR subpart 3715. You must

have a use authorization to place, construct, maintain, or use any of

the following on BLM lands:

(1) Cabins;

[[Page 57617]]

(2) Buildings;

(3) Trailers;

(4) Motor homes;

(5) Tents; or

(6) Other structures, vehicles or equipment used for residential

occupancy or other purposes.

(b) You must not occupy BLM lands beyond the time limits provided

in Sec. 9262.5(a).

Recreation Uses or Events

Sec. 9264.60 What rules must I follow to participate in or sponsor

special recreation uses or events on BLM lands?

(a) You must:

(1) Have a proper BLM permit required by 43 CFR subpart 8372 to

conduct a commercial use, a competitive event, an event involving 50 or

more vehicles, or any use or event in a special area.

(2) Pay any fee required under 43 CFR subpart 8372;

(3) Post a copy of any permit where all the participants can read

it;

(4) Show a copy of the special recreation permit to a BLM employee

or a participant, if he or she requests to see it; and

(5) Comply with all other applicable rules and regulations.

(b) You must not knowingly and willfully participate in an event or

use subject to the permit requirements of 43 CFR subpart 8372 if BLM

has not issued a permit for that event or use.

Use and Occupancy for Development of Locatable Mineral Deposits

Sec. 9264.70 What BLM rules must I follow if I want to explore for,

mine or process locatable minerals on BLM lands?

(a) Unless BLM has authorized it, you must not:

(1) Place, construct, maintain, or use residences or structures for

occupancy, including but not limited to: cabins, buildings, trailers,

motor homes, tents, or other structures and vehicles or other equipment

used for occupancy not meeting:

(i) The conditions of occupancy under 43 CFR 3715.2 or 3715.2-1; or

(ii) Any of the standards of occupancy under 43 CFR 3715.5;

(2) Occupy the land before BLM approves a plan of operation or its

modification as required by 43 CFR subparts 3802 or 3809;

(3) For activities that do not require a plan of operations under

43 CFR subpart 3802 or that are defined as casual use or notice

activities under 43 CFR subpart 3809, occupy the land before consulting

with BLM as required by 43 CFR 3715.3;

(4) Occupy the land after BLM has made a determination of non-

concurrence because the proposed occupancy or fencing does not conform

to 43 CFR 3715.2, 3715.2-1 or 3715.5;

(5) Prevent or obstruct free passage or transit over or through the

public lands by force, threat, or intimidation. Reasonable security and

safety measures in accordance with 43 CFR subpart 3715 are allowed;

(6) Place, construct, or maintain enclosures, gates or fences, or

signs intended to exclude the general public without BLM's concurrence;

(7) Cause a fire or safety hazard, or create a public nuisance;

(8) Conduct activities that do not involve prospecting, mining, or

processing operations or uses reasonably incident thereto, including,

but not limited to:

(i) Non-mining related habitation;

(ii) Cultivation;

(iii) Animal maintenance or pasturage, and development of small

trade or manufacturing concerns;

(iv) Storage, treatment, processing, or disposal of non-mineral,

hazardous or toxic materials or waste that are generated elsewhere and

brought onto BLM lands; or

(v) Recycling or reprocessing of manufactured material such as

scrap electronic parts, appliances, photographic film, and chemicals;

(vi) Searching for buried treasure, treasure trove or

archaeological specimens; or

(9) Operate hobby and/or curio shops, cafes, tourist stands, or

hunting and fishing camps.

(b) You must:

(1) Comply with any BLM order issued under 43 CFR subpart 3715

within the time frames the order provides;

(2) Comply with the notification, application, and other

requirements under 43 CFR 3715.4 relating to an existing use or

occupancy; and

(3) Comply with all other applicable rules and regulations.

the requirements of part 3715 of this title, that person may be subject

to arrest and/or trial as provided in that part.

Rangelands

Sec. 9264.80 What BLM rules must I follow while I'm on public land

rangelands?

(a) On all public lands, you must not:

(1) Allow livestock or other privately owned or controlled animals

to graze on or be driven across BLM lands unless you have a lease or

permit and an annual grazing authorization. If you have a grazing bill

which has not been paid to BLM, you do not have grazing authorization;

(2) Graze or drive more livestock than the number authorized;

(3) Graze or drive livestock in an area or at a time different from

that authorized;

(4) Install, use, maintain, modify, and/or remove range

improvements without BLM authorization;

(5) Cut, burn, spray, destroy, or remove vegetation without BLM

authorization;

(6) Damage or remove U.S. property without BLM authorization;

(7) Molest, harass, injure, poison, or kill livestock authorized to

graze on these lands or remove authorized livestock without the owner's

consent; or

(8) Knowingly and willfully make a false statement or

representation in base property certifications, grazing applications,

range improvement permit applications, cooperative agreements, actual

use reports and/or amendments thereto.

(b) On all public lands you must:

(1) Comply with the terms and conditions of your permit, lease, or

other grazing use authorization;

(2) Comply with the requirement under 43 CFR 4130.5(c) having to do

with counting and tagging livestock;

(3) Re-close any gate or other entry during periods of livestock

use; and

(4) Comply with all other applicable rules and regulations.

Forest Resources

Sec. 9264.90 What BLM rules concerning forest and vegetative resources

must I follow while I'm on BLM lands?

(a) On BLM lands, you must not:

(1) Cut, remove, or otherwise damage any timber, tree, or other

vegetative resource, unless BLM has authorized you to do so by a timber

sales contract, sales permit, free use permit, Federal law or

regulation, or as allowed under other applicable regulations in this

title;

(2) Cut any standing tree, under sale permit or timber sale

contract, before a BLM employee has marked it or has otherwise

designated it for cutting;

(3) Remove any timber or other vegetative resource cut under sale

permit or timber sale contract, except to a place designated for

scaling or measurement. Once you move the timber or vegetative resource

to the place designated for scaling or measurement, you must not remove

it from that place before it is scaled, measured, counted, or otherwise

accounted for by a BLM employee;

(4) Stamp, mark with paint, tag, or otherwise identify any tree or

other vegetative resources in a manner similar to that BLM employees

use to mark or designate a tree or other vegetative

[[Page 57618]]

resources for cutting, removal, or transportation;

(5) Transport timber or other vegetative resources without a valid

haul ticket except as authorized by Federal law or regulation;

(6) Negligently or intentionally destroy or injure any timber or

other vegetative resource during operations under a forest product sale

contract, sale permit, or free use permit;

(7) Use timber obtained under a free use permit for any purpose

other than for firewood, fencing, building, or other agricultural,

mining, manufacturing, and domestic purposes as provided for in 43 CFR

subpart 5511;

(8) Export timber cut under a free use permit from the State in

which it was cut, except as provided in 43 CFR 5511.1-1(e); or

(9) Cut timber under a free use permit for sale, barter,

speculation, or use by others than the permittee.

(b) You must:

(1) Have in your possession any permit or forest sale contract BLM

may require if you are a purchaser or a purchaser's agent harvesting or

removing forest products (If a BLM employee or any official of a

cooperating law enforcement agency acting as a sale inspector,

administrator, contracting officer, or law enforcement officer asks to

see your permit or sale contract, you must show it to him or her);

(2) Obey State and local laws and ordinances relating to local

permits, tagging, and transportation of timber and other vegetative

resources;

(3) Obey BLM's regulations on export and substitution in 43 CFR

subpart 5400; and

(4) Comply with all other applicable rules and regulations.

Subpart 9265--Public Use and Collection of BLM Resources

General Rules for Public Use of BLM Resources

Sec. 9265.1 What resources may I collect from BLM lands for

noncommercial purposes?

Except on recreation sites and areas, or where otherwise prohibited

and posted, you may collect from BLM lands reasonable amounts of the

following for noncommercial purposes:

(a) Commonly available renewable resources such as non-threatened

or non- endangered species of flowers, berries, nuts, seeds, cones and

leaves;

(b) Nonrenewable resources such as rocks, mineral specimens, common

invertebrate fossils and semiprecious gemstones;

(d) Petrified wood as provided under 43 CFR subpart 3622;

(e) Mineral materials as provided under 43 CFR subpart 3621;

(f) Coal as provided under 43 CFR part 3440; and

(g) Dead and down forest products for use in campfires on BLM

lands. If you want to collect other forest products, you must comply

with 43 CFR subpart 5500.

Wild Horses and Burros

Sec. 9265.20 What BLM rules must I follow when I handle BLM wild

horses and burros?

(a) You must not:

(1) Maliciously or negligently injure or harass a wild horse or

burro;

(2) Remove or attempt to remove a wild horse or burro from BLM

lands without BLM's authorization;

(3) Destroy a wild horse or burro without BLM's authorization

except as an act of mercy;

(4) Sell or attempt to sell, directly or indirectly, a wild horse

or burro or its remains;

(5) Commercially exploit a wild horse or burro as defined at 43 CFR

part 4700;

(6) Brand a wild horse or burro;

(7) Remove or alter a freeze mark on a wild horse or burro; or

(8) Accept a horse or burro bearing a BLM freeze mark for slaughter

or destruction which is not accompanied by a certificate that title to

the animal has been transferred out of BLM.

(b) You must:

(1) Treat wild horses and burros humanely in accordance with 43 CFR

part 4700;

(2) Comply with BLM orders, terms, and conditions established under

43 CFR subpart 4770;

(3) Comply with terms and conditions of the Private Maintenance and

Care Agreement; and

(4) Keep for one year the certificate of title to a horse or burro

bearing a BLM freeze mark after you have accepted the animal for

slaughter or destruction.

Cave Resources

Sec. 9265.30 What BLM rules concerning cave resources must I follow

while I'm on BLM lands?

Unless BLM has authorized it, you must not:

(a) Destroy, disturb, deface, mar, alter, remove, or harm a

significant cave which is described at 43 CFR part 37;

(b) Alter the free movement of any animal or plant life into or out

of a significant cave;

act described in paragraphs (a) or (b) of this section; or

(d) Counsel, procure, solicit, or employ any other person to

violate any provision of this section.

Sec. 9265.31 Can I possess or sell cave resources?

No. Unless BLM has authorized it, you must not possess, consume,

sell, barter, or exchange, or offer for sale, barter or exchange, any

cave resource, as defined in 43 CFR part 37, from a significant cave

with knowledge or reason to know that the resource was removed from a

significant cave.

Fish and Wildlife Resources

Sec. 9265.41 Must I have a valid public land management area stamp to

hunt, trap, or fish on BLM lands?

Yes. If you want to hunt, trap, or fish on BLM lands, you must have

in your possession a valid public land management area stamp when BLM

and the State fish and game agency require it pursuant to a

conservation and rehabilitation program implemented under the Sikes Act

(16 U.S.C. 670(j)).

Sec. 9265.42 Must I obey Federal, State, and local laws and

regulations concerning conserving and protecting fish, wildlife, and

plant resources while I'm on BLM lands?

Yes. On BLM lands you must obey Federal, State, or local laws,

regulations, or ordinances concerning conservation or protection of

fish, wildlife or plant resources including, but not limited to those

concerning:

(a) Hunting, trapping, fishing, catching, molesting, killing,

possessing, transporting, buying, selling, or bartering any kind of

wild animal or its parts;

(b) Taking the eggs of any bird or fish that came from BLM lands;

Sec. 9265.43 Is Alaska subsistence use of fish and wildlife resources

regulated by BLM and other Federal land management agencies?

Yes. The Alaska National Interest Lands Conservation Act (16 U.S.C.

3101 et seq.) requires Federal land management agencies in Alaska to

provide a management and regulatory program for the subsistence use of

fish and wildlife resources when such a program has not been provided

for by the State of Alaska. On BLM lands in Alaska, you must not

violate any of the subsistence management provisions of 50 CFR part

100.

Sec. 9265.44 Can I hinder lawful hunting on BLM lands?

No. On BLM lands, you must not engage in any physical conduct that

[[Page 57619]]

significantly hinders lawful hunting. The Recreational Hunting Safety

and Preservation Act of 1994 (16 U.S.C. 5202) provides that if you

violate this regulation you may be subject to civil penalties of not

more than $10,000, if the violation involved the use of force or

violence or the threatened use of force or violence, against the person

or property of another person; and not more than $5,000 for any other

violation.

Cultural and Natural Resources

Sec. 9265.50 What BLM rules concerning cultural resources must I

follow while I'm on BLM lands?

On BLM lands, unless BLM has authorized it, or as allowed in

Sec. 9265.1-1, you must not deface, disturb, remove or destroy any

scientific, archaeological, or historic resource.

Sec. 9265.60 What BLM rules concerning natural features or resources

like plants, soil and minerals must I follow while I'm on BLM lands?

Unless BLM has authorized it, you must not:

(a) Deface, remove or destroy natural features or resources

including plants or their parts, soil, rocks or minerals; or

(b) Use explosive, motorized or mechanical devices, except metal

detectors, to help you collect resources under Sec. 9265.1.

Water Resources

Sec. 9265.70 What BLM rules must I follow when I use water resources

that are on BLM lands?

Unless BLM has authorized it or as allowed under Sec. 9265.1, you

must not:

(a) Divert, transport, or remove any water resource owned by or

reserved to the United States and administered by BLM; or

(b) Develop, construct or maintain any improvements, structures,

wells, pipelines or dams with the intent of diverting, transporting, or

removing any water resources owned by or reserved to the United States

and administered by BLM.

Subpart 9266--Recreation Sites and Areas

General Rules of Public Conduct and Use of BLM Recreation Sites and

Areas

Sec. 9266.21 What BLM rules concerning public health and safety must I

follow while I'm in a BLM recreation site or area?

Unless BLM has authorized it, you must not:

(a) Clean fish, game, other food, clothing or household articles at

any outdoor hydrant, pump, faucet or fountain, or restroom water

faucet;

(b) Deposit human waste except in toilet or sewage facilities

provided for that purpose; or

Sec. 9266.22 What BLM rules must I follow while I occupy or use BLM

recreation sites and areas?

(a) Unless BLM has authorized it, you must not:

(1) Pitch a tent, park a trailer, erect a shelter or place camping

equipment in an area other than where designated;

(2) Leave personal property unattended longer than 24 hours in an

area posted for day use or 72 hours in other areas. Personal property

left unattended beyond the time limit:

(i) Will be considered abandoned;

(ii) May be removed by BLM; and

(iii) Is subject to disposition under the Federal Property and

Administrative Services Act of 1949, as amended (40 U.S.C. 484(m));

(3) Build a fire except in a stove, grill, fireplace or ring where

BLM provides one;

(4) Enter or use a site or a portion of a site when posted closed

to public use;

(5) Occupy a site with more persons or vehicles than the posted

limit;

(6) Move any BLM table, stove, barrier, litter receptacle or other

campground equipment; or

(7) Camp in a site or area posted for day use only.

(b) You must:

(1) Pay any fees imposed under the Land and Water Conservation Fund

Act (16 U.S.C. 460 l-6a),as amended, and 36 CFR part 71, or both;

(2) Have BLM permission to reserve any portion of a site or area

for another person or party; and

(3) Comply with conditions established and posted by BLM.

Sec. 9266.23 What BLM rules must I follow if I want to bring an animal

into a BLM recreation site or area?

Unless the animal is a Service Animal performing a service function

for a person with a disability, the animal must either be:

(a) On a leash not longer than 6 feet and secured to a fixed object

or under control of a person; or

(b) Otherwise physically restricted at all times.

Sec. 9266.24 What BLM rules must I follow if I want to use audio

devices or motorized equipment in a BLM recreation site or area?

You must not operate or use any audio device or motorized equipment

at times and in a manner that makes noise that unreasonably disturbs

others. Audio devices include radios, televisions, musical instruments,

public address systems or other noise producing devices. Motorized

equipment includes, but is not limited to, motor vehicles, vehicle

engines, model airplanes and cars, and generators.

Sec. 9266.25 May I discharge or use fireworks, firearms or weapons in

a BLM recreation site or area?

No. You must not discharge or use fireworks, firearms, or weapons

in a BLM recreation site or area or over or from water bodies on or

adjacent to BLM lands.

Subpart 9267--Congressionally Designated Management Areas

General Rules of Public Conduct and Use of BLM National Wilderness

Areas

Sec. 9267.1 What BLM rules must I follow while I'm in a National

Wilderness Area?

Certain activities in wilderness areas may be allowed as provided

in the Wilderness Act or subsequent legislation establishing a

particular wilderness area, or as specifically provided for in 43 CFR

subpart 8560. Unless your activities are authorized by specific

legislation or by BLM, on BLM lands in wilderness areas, you must not:

(a) Conduct commercial enterprises;

(b) Build, construct or maintain any:

(1) Temporary or permanent roads;

(2) Aircraft landing strips;

(3) Heliports, or helispots; or

(4) Structures or installations, including motels, summer homes,

stores, resorts, organization camps, hunting and fishing lodges,

electronic installations, or similar structures and uses;

motorboats or other forms of mechanical transport;

(d) Land any aircraft, or drop or pick up any material, supplies,

or person by means of aircraft, including a helicopter, hang-glider,

hot air balloon, parasail, or parachute;

(e) Deface, disturb, remove or destroy plants or their parts, soil,

rocks or minerals except down and dead forest products where allowed

for use in campfires;

(f) Enter into or use wilderness areas without a wilderness permit,

when BLM requires it;

(g) Conduct or participate in any competitive use; or

(h) Physically alter or deface a natural rock surface for any

purpose. If you are mountain or rock climbing or are exploring caves,

you must not:

(1) Use any type of drill or permanent fixed anchor, including

expansion bolts;

(2) Construct or place permanent artificial hand or foot holds; or

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(3) Use glue, epoxies, or other fixatives on a natural surface to

facilitate climbing.

General Rules of Public Conduct and Use of BLM National Scenic

Trails and Areas

Sec. 9267.20 May I operate a motor vehicle on a National Scenic Trail

or area?

You may operate a motor vehicle:

(a) If you are a member of a Federal, State or local agency and you

must use a motor vehicle to meet emergencies involving health, safety,

fire suppression, or law enforcement;

(b) If you are an adjacent landowner or land user and BLM

determines that you require reasonable access to your lands, interests

in lands, or timber rights; or

Trail System posted as open to motorized vehicles.

General Rules of Public Conduct and Use of BLM National

Conservation Areas

Sec. 9267.40 What BLM rules must I follow when I'm in the San Pedro

Riparian National Conservation Area?

On BLM lands in the San Pedro Riparian National Conservation Area,

unless BLM has authorized it, you must not:

(a) Use or operate any unlicensed motor vehicle;

(b) Place or set any wildlife traps, except for health and safety

or administrative purposes as determined by BLM;

plinking or both;

(d) Discharge a firearm in, or fire into, the area between

Charleston Road and Highway 92;

(e) Camp or occupy lands in the conservation area longer than 7

days within any period of 21 consecutive days;

(f) Camp in areas outside developed campgrounds without a BLM

permit;

(g) Build or maintain a campfire outside an area designated for

that purpose;

(h) Camp overnight in a Research Natural Area;

(i) Tether or corral horse(s) in campgrounds or picnic areas where

facilities for horses have not been provided; or

(j) Use a metal detector.

Sec. 9267.43 What other BLM rules must I follow when I'm in the Snake

River Birds of Prey National conservation Area?

You must not:

(a) Discharge a firearm during a period of time from March 1 to

August 31, inclusive. You may discharge a firearm for the purposes of a

lawful hunt during an established hunting season. The State of Idaho

Department of Fish and Game establishes the hunting season; or

(b) Enter the Idaho National Guard Military Area. Idaho Military

Division (IMD) personnel, National Guard units operating under IMD

authorization, BLM personnel, and livestock operators authorized by BLM

are exempt from this prohibition.

Subpart 9268--Administratively Established Management Areas

General Rules of Public Conduct and Use of BLM Administratively

Established Management Areas

Sec. 9268.10 What BLM rules must I follow while I'm in an outstanding

natural area?

On BLM lands in outstanding natural areas, you must not use,

occupy, construct, or maintain authorized facilities in a manner that

unnecessarily detracts from the quality of the outstanding natural

features of the area.

Sec. 9268.20 What BLM rules must I follow while I'm in a research

natural area?

Unless BLM has authorized it, you must not use, occupy, construct,

or maintain facilities in a manner that is destructive or inconsistent

with the purpose of the research natural area.

Sec. 9268.30 What BLM rules must I follow while I'm in a Fossil Forest

Research Natural Area?

On BLM lands in the Fossil Forest Research Natural Areas, unless

BLM has authorized it, you must not:

(a) Collect, excavate, or remove petrified wood either for free use

as permitted under 43 CFR 3622.3 of this title or for commercial sale

as permitted under 43 CFR 3610.1;

(b) Operate motorized vehicles; or

or otherwise alter any paleontological resources.

Sec. 9268.50 What BLM rules must I follow while I'm in a primitive

area?

On BLM lands in primitive areas, unless BLM has authorized it, you

must not:

(a) Operate a motorized vehicle or land an aircraft except for

essential search and rescue, fire control, or other emergency or

administrative operations;

(b) Construct facilities in or on a primitive area except in

connection with authorized nonrecreation uses and as necessary for the

protection and administration of the area; or

conditions specified by BLM to preserve the primitive characteristics

of the area.

General Rules of Public Conduct and Use of BLM Resource

Conservation Areas

Sec. 9268.60 What BLM rules must I follow while I'm in the Empire-

Cienega Resource Conservation Area?

On BLM lands in the Empire-Cienega Resource Conservation Area,

unless BLM has authorized it, you must not:

(a) Build or maintain a campfire during high or extreme fire danger

periods (Local BLM fire management personnel determine high or extreme

fire danger periods. Members of the public may obtain this information

from local BLM offices or by notices and signs placed at the affected

public land areas); or

(b) Camp or occupy longer than 14 days within 6 consecutive months.

Subpart 9269--Local Closures, Restrictions, and Rules

Orders to Close or Restrict Use of a Described Area

Sec. 9269.1 May BLM issue orders to close or restrict my use of a

described area?

Yes. Subject to the continuing operation of the public land laws

and the mining law and the rights created under them, BLM may issue

orders to close or restrict your use of a described area over which BLM

has jurisdiction for a reasonable time period.

Sec. 9269.2 Under what circumstances may BLM issue orders to close or

restrict my use of a described area?

In order to protect the public and assure the proper use,

conservation and protection of resources, BLM may issue closure orders

which restrict public use and travel within described areas of BLM

lands for a reasonable time period in order to do one or more of the

following:

(a) Prevent or control fires or other unsafe conditions;

(b) Prevent or control disease;

development, timber and livestock operations, or other authorized use

of the lands;

(d) Protect property, roads, or trails and prevent excessive

erosion;

(e) Protect threatened, endangered, rare, unique, or vanishing

species of plants, animals, birds or fish, or special biological

communities and prevent unnecessary destruction of all other plant life

and wildlife habitat;

(f) Protect the natural environment and resources and objects or

places of historical and cultural value or

[[Page 57621]]

archeological, geological or paleontological interest;

(g) Protect scientific studies, resources, experiments or

investigations and preserve scientific values;

(h) Protect public safety;

(i) Protect public health; or

(j) Establish reasonable rules of public conduct for a described

area, including, but not limited to:

(1) Overnight camping restrictions;

(2) Restrictions on number of camping occupants per site;

(3) Motorized vehicle operation and parking restrictions;

(4) Camping and occupancy stay limits;

(5) Restrictions on shooting or discharging firearms;

(6) Use permit requirements;

(7) Collecting and gathering plant, animal, or mineral resources;

(8) Building, maintaining, attending or using a fire; or

(9) Restrictions that are complimentary to existing State and local

laws and regulations concerning use of BLM lands and resources.

Sec. 9269.3 What must BLM include in each order that closes or

restricts use of a described area?

Each order BLM issues must:

(a) Describe the area, lands, roads, trails or waterways that are

closed or restricted;

(b) Specify the uses that are restricted;

during which the area is closed and/or uses are restricted, including a

date certain upon which the closure will end--if a closure is

reasonably necessary for a longer time period, BLM will issue an order

to extend the closure;

(d) Identify those persons who may, depending on the circumstances

warranting the closure or restriction, be exempt from the closure or

restriction, including one or more of the following:

(1) Persons with a permit specifically authorizing access to or use

in the otherwise closed or restricted area;

(2) Owners or lessees of land in the area;

(3) Residents in the area;

(4) Any Federal, State, or local officer, or member of an organized

rescue or fire fighting force in the performance of an official duty;

(5) Persons engaged in a business, trade, or occupation in the

area;

(6) Any other person meeting exemption requirements specified in

the order, including any person who has rights or interests established

under the public land laws or mining law, such as grazing allottees and

mining claim holders; and

(e) Describe each circumstance listed in Sec. 9269.2 which

reasonably warrant the closure or restriction.

Sec. 9269.4 Must BLM orders closing or restricting use of a described

area be posted?

Yes. BLM orders closing or restricting use of an area must be

posted:

In the local BLM Office with jurisdiction over the area to which

the order applies; and at places near and/or within the area to which

the closure or restriction applies, in a manner and location that

reasonably notifies users. If you are planning to use or visit BLM

lands, BLM advises you to contact a local BLM office to get further

information about specific closures or restrictions which may be

applicable to the area you plan to use or visit.

Sec. 9269.5 Must an order closing or restricting use of a described

area be published in the Federal Register before it becomes effective?

Yes. Before an order can become effective, BLM must publish it in

the Federal Register. BLM will specify in the published notice the

reason why a deferred effective date and advanced public participation

would be impracticable, unnecessary, or contrary to the public

interest.

Sec. 9269.6 What is the maximum duration of a closure or restriction

order under this section?

BLM may issue a closure or restriction order for a reasonable time

period, not to exceed 12 months.

Sec. 9269.7 What must BLM do to close or restrict use of a described

area for longer than 12 months?

In order for BLM to extend a closure order beyond 12 months, BLM

will comply with the notice and comment provisions of the

Administrative Procedure Act (5 U.S.C. 553).

Sec. 9269.8 Must BLM consult with the State fish and game department

for closures and restrictions relating to hunting and fishing?

Yes. Except in emergencies, closures and restrictions relating to

hunting and fishing are put in effect only after BLM consults with the

appropriate State fish and game department (see 43 U.S.C. 1732(b) and

43 CFR part 24).

Sec. 9269.9 What are the penalties for violating a closure or

restriction order?

If you violate a closure or restriction order, you are subject to

the penalties provided in 43 CFR 9260.8.

Supplemental and Special Rules

Sec. 9269.21 What are supplemental and special rules?

BLM issues supplemental and special rules to protect people,

property, BLM lands, and resources. Supplemental and special rules are

local in scope and may be temporary in duration, and are meant to

conform to State and local needs and specific resource management

planning objectives. They are enforceable as provided in Sec. 9269.25

of this title.

Sec. 9269.22 Where can I see a copy of a supplemental or special rule

affecting a particular area?

You may inspect rules:

(a) In each local BLM Office having jurisdiction over the lands,

sites or facilities affected; and

(b) As posted near and/or within the lands, waters, sites or

facilities affected.

Sec. 9269.23 Must a supplemental or special rule be published in the

Federal Register before it becomes effective?

Yes. Before a supplemental or special rule becomes effective, BLM

must comply with the requirements of the Administrative Procedures Act

(5 U.S.C. 553), including publishing the rule in the Federal Register

and a public comment period. BLM may also publish supplemental and

special rules in a newspaper of general circulation in the affected

vicinity, or make the rule available to the public in another way BLM

considers appropriate.

Sec. 9269.24 Must BLM consult with the State fish and game department

for supplemental and special rules relating to hunting and fishing?

Yes. Supplemental and special rules relating to hunting and fishing

are put in effect only after BLM consults with appropriate State fish

and game departments (see 43 U.S.C. 1732(b) and 43 CFR part 24).

Sec. 9269.25 What are the penalties for violating a supplemental or

special rule?

If you do not comply with a supplemental or special rule, you are

subject to the penalties provided in 43 CFR 9260.8.

[FR Doc. 96-28479 Filed 11-6-96; 8:45 am]

BILLING CODE 4310-84-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.