BUREAU OF LAND MANAGEMENT
CRIMINAL LAW ENFORCEMENT
The following are a few of the new rule changes as published in the Federal Register.
The comment period closes January 6, 1997.
UPDATE: 1/2/96 Due to public outcry this deadline has been extended to Mar. 7, 1997.
So be sure to read carefully and send your comments to BLM, Congress etc.
NEWS FLASH: 3-11-97 Due to enormous public outcry Sec. Babbitt has ABANDONED this current attempt to seize power. All western groups united in opposition to this outrageous plan.
Thank all of you courageous pioneers who voiced your beliefs in the Constitution so eloquently! United we shall stand against all enemies, external and especially "Interior".
- Page 57605 - Criminal penalties reguarding federal resources are expanded beyond those provided under FLMPA (maximum of $1,000 and 12 months imprisonment). In some instances fines of $5,000 and 5 years in prison can be issued under the new rules.
- Page 57606 - BLM law enforcement authority is expanded beyond activities occurring on BLM land. Under the proposed rule BLM expands its authority to police "activities on or having a clear potential to affect water bodies on or adjacent to BLM lands." Under this language activities on private land adjacent and upstream from BLM lands fall under BLM law enforcement authority.
- Page 57606 - The definition of "willful trespass" is modified.
- Page 57608 - Persons performing prohibited acts related to rangelands may be subjected to both civil and criminal penalties.
- Page 57610 - Section 9260.4 - BLM law enforcement is authorized, according to any Federal law or rule of law to: a) stop vehicles; b) Search any person, place or vehicle without warrant or process; c) Seize without warrant or process any piece of evidence, and; d) make arrests without warrant or process.
- Page 57612 - The definition of "Pollute or Contaminate Water" means to discharge or place in water among other things: rock, sand, cellar dirt, agricultural waste. Section 9262.4 on page 57615 strictly prohibits the pollution or contamination of water.
- Page 57612 - The definition of "Primative Area" is expanded to include "lands that are essentially unaffected by civilzation and located where the natural environment can be preserved by management of activities and exclusion of additional roads and commercial development. Under this definition, a primitive area no longer has to be roadless.
- Page 57615 - Section 9262.7 - Unless authorized by the BLM, you cannot discharge a firearm.
- Subpart 9263 - Expands BLM authority over motor vehicles; authorities which are typically reserved by the state and local government. The proposed rules state, "If State and Local 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." BLM regulations apply to speed limit, DUI, brakes, lights, mufflers, seat belts, parking, etc.
- Page 57616 - You cannot operate a vehicle in a manner causing, or likely to cause a "Disturbance of the soil, water, wildlife, wildlife habitat, improvements, cultural, paleontological, or vegetative resources.
- Page 57615 - Section 9262.2 - The BLM expands its authority over use of alcohol, an authority typically reserved by the state.
- Page 57616 - Section 9262.2 - To be authorized for use of BLM resources, you must, "Comply with requirements for restoration, revegetation or curtailment or erosion of the land surface, or any other reclamation measure BLM determines necessary.
- Page 57619 - Section 9265.60 - Without BLM authorization, you cannot "Deface, remove or destroy natural features or resourses including plants or their parts, soil, rocks or minerals."
- Page 57619 - Section 9265.7 - Without BLM authorization you cannot "Divert, transport, or remove any water resource owned by or reserved to the United States and administered by BLM." Without BLM authorization, you cannot "Develop, construct or maintain any improvements, structures, wells, pipelines or dams with the intent of diverting, transporting, or removing water resources owned by or reserved to the United States and administered by BLM."
All comments should be made to:
Bureau Of Land Management
Administrative Record,
Room 401, 1620 LS
1489 C St. N. W.
Washington, D.C. 20240
National Association Of Mining Districts
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