Federal Register - March 12, 2021
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Fuente: Federal Register
Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Rules and Regulations Executive Order 12630, Governmental Actions and Interference With Constitutionally Protected Property Rights Takings These final supplementary rules do not represent a government action capable of interfering with constitutionally protected property rights. These final supplementary rules do not address property rights in any form and do not cause the impairment of anyones property rights. Therefore, the BLM has determined that these final supplementary rules do not cause a taking of private property or require further discussion of takings implications under this executive order.
Executive Order 13132, Federalism These final supplementary rules do not have a substantial, direct effect on the states, on the relationship between the Federal Government and the states, or on the distribution of power and responsibilities among the various levels of government. These final supplementary rules apply in only one state, Arizona, and do not address jurisdictional issues involving the Arizona State government. Therefore, in accordance with Executive Order 13132, the BLM has determined that these final supplementary rules do not have sufficient federalism implications to warrant preparation of a Federalism Assessment.
Executive Order 12988, Civil Justice Reform Under Executive Order 12988, the BLM has determined that these final supplementary rules do not unduly burden the judicial system and that the rules meet the requirements of sections 3a and 3b2 of Executive Order 12988.
Executive Order 13175, Consultation and Coordination With Indian Tribal Governments In accordance with Executive Order 13175, the BLM has found that these final supplementary rules do not include policies that have tribal implications and have no bearing on trust lands or on lands for which title is held in fee status by Indian tribes or U.S. Government-owned lands managed by the Bureau of Indian Affairs. Since these final supplementary rules do not change BLM policy and do not involve Indian reservation lands or resources, we have determined that the government-to-government relationships remain unaffected. These final supplementary rules affect developed recreation areas or sites, including recreational shooting sports sites on public lands managed by the
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Executive Order 13352, Facilitation of Cooperative Conservation Under Executive Order 13352, the BLM has determined that these final supplementary rules do not impede the facilitation of cooperative conservation.
These final supplementary rules take appropriate account of, and consider the interests of, persons with ownership or other legally recognized interests in land or other natural resources; properly accommodate local participation in the Federal decision-making process; and provide that the programs, projects, and activities are consistent with protecting public health and safety.
Information Quality Act In developing these final supplementary rules, the BLM did not conduct or use a study, experiment, or survey requiring peer review under the Information Quality Act Section 515 of Pub. L. 106554.
Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use The final supplementary rules do not constitute a significant energy action since they have no impact on energy supplies, production, or consumption, and have no connection with energy policy.
Paperwork Reduction Act These final supplementary rules do not contain information collection requirements that the Office of Management and Budget must approve under the Paperwork Reduction Act, 44
U.S.C. 3501, et seq.
Final Supplementary Rules Author The principal author of these supplementary rules is Braden Yardley, Project Manager, Phoenix District Office, Bureau of Land Management.
For the reasons stated in the preamble, and under the authority for supplementary rules at 43 U.S.C. 1740
and 43 CFR 8365.16, the Arizona State Director, BLM, establishes the following supplementary rules for all BLM
developed recreation sites and areas, in addition to supplementary rules specific to recreational shooting sports sites, within the Phoenix District boundary, Arizona, to read as follows:
Definitions Developed recreation sites and areas, as defined by 43 CFR 8360.05c, means sites and areas that contain
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structures or capital improvements primarily used by the public for recreation purposes.
Hazardous Exclusion Area means a designated area within a recreational shooting sports site where errant/
ricochet projectiles could potentially land.
Recreational shooting sports site means a developed recreation site or area meeting the definition found at 43
CFR 8360.05c and where the primary purpose is recreational shooting.
Rules and Prohibited Acts Within Developed Recreation Sites and Areas 1 You must not block, restrict, place signs, create a hazardous condition, or otherwise interfere with the use of a road, gate, or other legal access to and/
or through a developed recreation site or area boundary.
2 You must pick up and properly dispose of pet excrement in the trash.
3 You must not engage in disorderly conduct including, but not limited to:
Fighting, violent or seriously disruptive behavior; using abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; refusing to obey a lawful order;
or recklessly handling, displaying or discharging a deadly weapon or dangerous instrument.
4 You must not shoot at wildlife, livestock, or vegetation.
Rules and Prohibited Acts Within Recreational Shooting Sports Sites In addition to the preceding supplementary rules, the following rules will apply within a recreational shooting sports site:
5 You must not leave any personal property unattended within a site.
6 You must not discharge a firearm or any other projectile device while an individual is beyond the designated firing line.
7 You must not use, possess, consume, or be under the influence of alcohol or controlled substances as defined by State and/or Federal law.
8 You must only use a site during the designated operating hours as defined in the BLM Phoenix Districts operating plan, which will also be posted at each site and listed on the BLMs website www.blm.gov, and consistent with State law.
9 You must not climb on any buildings or structures, occupied or unoccupied.
10 You must only use authorized stationary targets as specified in the operating plan for each site. These targets may be made of cardboard, paper, self-healing, steel, and
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