Notices. Proposed addition of a new system of records

7,982 words·~36 min read·/register/2008/02/06/08-485

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BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Bureau of Land Management Privacy Act of 1974; as Amended; Creation of a New System of Records AGENCY: Bureau of Land Management, Interior. ACTION: Proposed addition of a new system of records. SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as amended, (5 U.S.C. 552a), notice is hereby given that the Department of the Interior proposes to establish a new system of records, INTERIOR, BLM-40, to be maintained by the Bureau of Land Management (BLM).

The Department of the Interior is establishing a new system of records to manage the consolidated database of qualifications of Federal, State, local, contractor, volunteer, and special group wildland firefighters. This system will provide a single consolidated database for access to determine if personnel are qualified for specific positions on incident response teams. The typical incident for which the information would be used is on wildland fire support. However, other types of incidents do occur in which qualified personnel are needed and requested by other Federal Agencies, such as the Federal Emergency Management Agency, and by states for emergency situations such as hurricanes, floods, and human-caused disasters.

The creation and the maintenance of this system are authorized in accordance with provisions of 43 U.S.C. 1811e, 42 U.S.C. 1856a, 15 U.S.C. 2201, 5 U.S.C. 4118, 5 U.S.C. 3101, 16 U.S.C. 551C, 43 U.S.C. 1457, EO 10561, 620 DM 1. Effective Dates: 5 U.S.C. 552a(e)(11) requires that the public be provided a 30 day period in which to comment on the agency's intended use of the information in the system of records. The Office of Management and Budget, in its Circular A-130, requires an additional 10 day period (for a total of 40 days) in which to make these comments.

Any persons interested in commenting on this proposed system of records may do so by submitting comments in writing to Laura Bell, BLM Privacy Act Administrator, 1849 C Street, NW., 725 LS, Washington, DC 20240, or e-mail: *lfbell@blm.gov* . Comments received within 40 days of the publication in the **Federal Register** will be considered. The system will be effective as proposed at the end of the comment period unless comments are received that would require a contrary determination.

The Department will publish a revised notice if changes are made upon review of comments received. FOR FURTHER INFORMATION CONTACT: Michael Morgen, Business Steward, Bureau of Land Management, Incident Qualifications and Certification System, 3833 S. Development Avenue, Boise, Idaho 83705-5354. SUPPLEMENTARY INFORMATION: This system will integrate information from systems currently maintained by agencies involved with incident support and emergency management (Department of Agriculture, Department of the Interior, and state and local agency systems) that maintain qualification data on individuals involved in firefighting.

This system will provide a time-efficient method for the participating agencies and offices for determining qualifications and status of personnel to insure that qualified personnel are assigned to incidents in order to protect lives and property. This means that when a resource order is sent out requesting a Division Supervisor, that only persons with current qualifications that have met all of the prerequisite training will be identified and referred to the requesting agency.

Laura F. Bell, FOIA/PA Program Analyst, Policy and Records Group, Bureau of Land Management. Interior/BLM-40 SYSTEM NAME: Incident Qualification and Certification System (IQCS)—Interior, BLM-40. SYSTEM LOCATION:

(1)The consolidated central database is located at the U.S. Department of Agriculture

(USDA)hosting facility, National Information Technology Center, 8930 Ward Parkway, Kansas City, Missouri 64114. Information from this system is accessed by cooperating agencies and field offices through Web secured Web links.

(2)Records from this system (paper and electronic) are managed by the bureau and office sites listed below, located at the National Interagency Fire Center, and involved in the Federal fire program:

(a)Bureau of Indian Affairs, 3833 S. Development Avenue, Boise, Idaho 83705-5354.

(b)U.S. Fish and Wildlife Service, 3833 S. Development Avenue, Boise, Idaho 83705-5354.

(c)Bureau of Land Management, 3833 S. Development Avenue, Boise, Idaho 83705-5354.

(d)National Park Service, 3833 S. Development Avenue, Boise, Idaho 83705-5354.

(e)U.S. Forest Service, 3833 S. Development Avenue, Boise, Idaho 83705-5354. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: All federal, state, local, special interest group members, and contractor employees with wild land fire qualifications who voluntarily provide information to qualify for fire assignments. CATEGORIES OF RECORDS IN THE SYSTEM: Name of employee; date of birth, Social Security Number, office address and phone number, physical clearance status, pertinent education history, pertinent work or skills experience; listing of special qualifications; licenses and certificates held; and training completed. Firefighters with certain qualifications and past a certain age must have a medical clearance before they can take the fitness test. The IQCS only stores the status of the medical test and whether the firefighter has “cleared” or “not cleared” the medical test. Training scores may be entered as “pass” or “fail” or the letter grade for the class—this is an optional field. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 5 U.S.C. 4118, 3101; 16 U.S.C. 551C; 43 U.S.C. 1457; EO 10561. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:

(1)To support management officials for any agency responsible for managing an incident by insuring that only qualified personnel are assigned to wild and prescribed fires, natural disasters, and responses to terrorist acts, in positions that they are qualified to perform, thus reducing the potential for loss of property or life due to having unqualified personnel assigned to incident positions. The participating agencies are the USDA-Forest Service, four DOI bureaus; the Bureau of Land Management, National Park Service, Fish and Wildlife Service and Bureau of Indian Affairs (BIA), and The Nature Conservancy. Some Tribal information is included in accordance with BIA agreements. No states participate in the application.

(2)To support home unit (employing unit) coordinators updating the database with information about training course completion, task book completion, qualifications obtained, and positions that individuals are no longer qualified to perform. Each participating agency or bureau maintains their own portion of the information within IQCS. The IQCS database contains data elements that require review under the Privacy Act

(PA)disclosure requirements at 5 U.S.C. 552a

(b)and the Freedom of Information Act (FOIA), 5 U.S.C. 552, before any information will be released. Rules of Behavior documentation is in accordance with BLM policy and is available from the specific project files. Applicable Privacy Act warning statements are placed on all information printouts of data from the system. Since each cooperating agency has access to the records of their personnel contained in the system, any requests for that information is the responsibility of the agency to which the data in question belongs. DISCLOSURES OUTSIDE THE DEPARTMENT OF THE INTERIOR MAY BE MADE UNDER THE ROUTINE USES LISTED BELOW WITHOUT THE CONSENT OF THE INDIVIDUAL IF THE DISCLOSURE IS COMPATIBLE WITH THE PURPOSES FOR WHICH THE RECORD WAS COLLECTED: (1)(a) To any of the following entities or individuals, when the circumstances set forth in paragraph

(b)are met:

(i)The U.S. Department of Justice (DOJ);

(ii)A court or an adjudicative or other administrative body;

(iii)A party in litigation before a court or an adjudicative or other administrative body; or

(iv)Any DOI employee acting in his or her individual capacity if DOI or DOJ has agreed to represent that employee or pay for private representation of the employee:

(b)When:

(i)One of the following is a party to the proceeding or has an interest in the proceeding:

(A)DOI or any component of DOI;

(B)Any other Federal agency appearing before the Office of hearings and Appeals;

(C)Any DOI employee acting in his or her official capacity;

(D)Any DOI employee acting in his or her individual capacity if DOI or DOJ has agreed to represent that employee or pay for private representation of the employee;

(E)The United States, when DOJ determines that DOI is likely to be affected by the proceeding; and

(2)To a congressional office in response to a written inquiry that an individual covered by the system, or the heir or such individual if the covered individual is deceased, has made to the office.

(3)To any criminal, civil, or regulatory law enforcement authority (whether federal, state, territorial, local, tribal, or foreign) when a record, either alone or in conjunction with other information, indicates a violation or potential violation of law—criminal, civil, or regulatory in nature, and the disclosure is compatible with the purpose for which the records were compiled.

(4)To an official of another federal agency to provide information needed in the performance of official duties related to reconciling or reconstructing data files or to enable that agency to respond to an inquiry by the individual to whom the record pertains.

(5)To federal, state, territorial, local, tribal, or foreign agencies that have requested information relevant or necessary to the hiring, firing or retention of an employee or contractor, or the issuance of a security clearance, license, contract, grant, or other benefit, when the disclosure is compatible with the purpose for which the records were compiled.

(6)To representatives of the National Archives and Records Administration to conduct records management inspections under the authority of 44 U.S.C. 2904 and 2906.

(7)To state and local governments and tribal organizations to provide information needed in response to court orders and/or discovery purposes related to litigation, when the disclosure is compatible with the purpose for which the records were compiled.

(8)To an expert, consultant, or contractor (including employees of the contractor) of DOI that performs services requiring access to these records on DOI's behalf to carry out the purposes of the system.

(9)To appropriate agencies, entities, and persons when:

(a)It is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised; and

(b)The Department has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interest, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the Department or another agency or entity) that rely upon the compromised information; and

(c)The disclosure is made to such agencies, entities and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.

(10)To the Office of Management and Budget during the coordination and clearance process in connection with legislative affairs as mandated by OMB Circular A-19.

(11)To the Department of Treasury to recover debts owed to the United States.

(12)To the news media when the disclosure is compatible with the purpose for which the records were compiled. Disclosure to consumer reporting agencies: Pursuant to 5 U.S.C. 552a(b)(12), records can be disclosed to consumer reporting agencies as they are defined in the Fair Credit Reporting Act. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Paper records are stored in file folders, in locked file cabinets until data input is verified. Any paper records that are not input into the system will be maintained in secured files. Electronic records are stored on disk, system hard drive, tape or other appropriate media. Individual data is retained for a minimum of three years in an Active status—during which an individual employee is being deployed in the position(s) for which he or she is qualified. After three years of inactivity (no deployments), the individual's identifying information is moved into an Inactive repository. Upon two additional years of inactivity (for a total of five years), the individual's information is moved into a Data Archive. RETRIEVABILITY: Records can be retrieved by the name or a system-generated employee identifier for the individual, and only by the agency responsible for that individual. SAFEGUARDS: Access to records is limited to authorized personnel. Paper records are maintained in locked file cabinets. Electronic records are maintained with safeguards meeting minimum security requirements of 43 CFR 2.51. A security plan was developed to prevent unauthorized access to the system and in transmission of the data. A Privacy Impact Assessment was completed and signed in April 2004, and reviewed for validity in October 2005. This Assessment evaluated the privacy risks and ensured appropriate safeguards were in place. RETENTION AND DISPOSAL: BLM Manual 1220, Appendix 2, Schedule 1, Item 43, provides the disposition instructions for these records. SYSTEM MANAGER(S) AND ADDRESSES:

(1)Fire IT Business Systems Unit Leader, National Interagency Fire Center, Bureau of Land Management, U.S. Department of the Interior, 3833 S. Development Avenue, Boise, ID 83705-5354.

(2)Bureau fire or personnel officers:

(a)Director of Fire and Aviation Management, Bureau of Indian Affairs, 3833 S. Development Avenue, Boise, ID 83705-5354.

(b)Personnel Officer, U.S. Geological Survey, National Center, 12201 Sunrise Valley Drive, Reston, VA 22092.

(c)Director of Fire Management, U.S. Fish and Wildlife Service, 3833 S. Development Avenue, Boise, ID 83705-5354.

(d)Labor Relations Officer, Bureau of Reclamation, P.O. Box 25001, Denver, CO 80225.

(e)Deputy Assistant Director, Fire and Aviation, Bureau of Land Management, 3833 S. Development Avenue, Boise, ID 83705-5354.

(f)Chief, Fire and Aviation Division, National Park Service, 3833 S. Development Avenue, Boise, ID 83705-5354.

(g)Personnel Officer, Minerals Management Service, Personnel Division, 1110 Herndon Parkway, Herndon, VA 22070.

(h)Personnel Officer, Office of Surface Mining, Division of Personnel, 1951 Constitution Avenue, NW., Washington, DC 20245.

(i)Director of Operations, U.S. Forest Service, 3833 S. Development Avenue, Boise, ID 83705-5354. NOTIFICATION PROCEDURE: An individual requesting notification of the existence of records on him or her, should address his/her request to the appropriate System Manager above. The request must be in writing, contain the requester's original signature, and comply with the content requirements of 43 CFR 2.60. RECORD ACCESS PROCEDURES: An individual requesting access to records maintained on him or her, should address his/her request to the appropriate System Manager above. The request must be in writing, contain the requester's original signature, and comply with the requirements of 43 CFR 2.63. CONTESTING RECORD PROCEDURES: An individual requesting amendment of a record maintained on him or her, should address his/her request to the appropriate System Manager above. The request must be in writing, contain the requester's original signature, and comply with the content requirements of 43 CFR 2.71. RECORD SOURCE CATEGORIES: Information collected and stored in this system is submitted by the individuals to whom the records pertain. EXEMPTIONS CLAIMED FOR THE SYSTEM: None. [FR Doc. E8-2136 Filed 2-5-08; 8:45 am] BILLING CODE 4310-84-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [NM-920-08-1310FI; TXNM 106958] Notice of Proposed Reinstatement of Terminated Oil and Gas Lease TXNM 106958 AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Reinstatement of Terminated Oil and Gas Lease. SUMMARY: Under the Class II provisions of Title IV, Public Law 97-451, the Bureau of Land Management

(BLM)received a Petition for Reinstatement of Oil and Gas Lease TXNM 106958 from the lessee, Sun-West Oil and Gas Inc., for lands in Trinity County, Texas. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law. FOR FURTHER INFORMATION CONTACT: Lourdes B. Ortiz, BLM, New Mexico State Office, at

(505)438-7586. SUPPLEMENTARY INFORMATION: No valid lease has been issued that affects the lands. The lessee agrees to new lease terms for rentals and royalties of $10.00 per acre or fraction thereof, per year, and 16 2/3 percent, respectively. The lessee paid the required $500.00 administrative fee for the reinstatement of the lease and $166.00 cost for publishing this Notice in the **Federal Register** . The lessee met all the requirements for reinstatement of the lease as set out in sections 31(d) and

(e)of the Mineral Leasing Act of 1920 (30 U.S.C. 188). We are proposing to reinstate lease TXNM 106958, effective the date of termination, September 1, 2007, under the original terms and conditions of the lease and the increased rental and royalty rates cited above. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Dated: January 31, 2008. Lourdes B. Ortiz, Land Law Examiner. [FR Doc. E8-2129 Filed 2-5-08; 8:45 am] BILLING CODE 4310-FB-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [NM-920-08-1310FI; TXNM 106959] Notice of Proposed Reinstatement of Terminated Oil and Gas Lease TXNM 106959 AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Reinstatement of Terminated Oil and Gas Lease. SUMMARY: Under the Class II provisions of Title IV, Public Law 97-451, the Bureau of Land Management

(BLM)received a Petition for Reinstatement of Oil and Gas Lease TXNM 106959 from the lessee, Sun-West Oil and Gas Inc., for lands in Trinity County, Texas. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law. FOR FURTHER INFORMATION CONTACT: Lourdes B. Ortiz, BLM, New Mexico State Office, at

(505)438-7586. SUPPLEMENTARY INFORMATION: No valid lease has been issued that affect the lands. The lessee agrees to new lease terms for rentals and royalties of $10.00 per acre or fraction thereof, per year, and 16 2/3 percent, respectively. The lessee paid the required $500.00 administrative fee for the reinstatement of the lease and $166.00 cost for publishing this Notice in the **Federal Register** . The lessee met all the requirements for reinstatement of the lease as set out in sections 31(d) and

(e)of the Mineral Leasing Act of 1920 (30 U.S.C. 188). We are proposing to reinstate lease TXNM 106959, effective the date of termination, September 1, 2007, under the original terms and conditions of the lease and the increased rental and royalty rates cited above. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Dated: January 31, 2008. Lourdes B. Ortiz, Land Law Examiner. [FR Doc. E8-2130 Filed 2-5-08; 8:45 am] BILLING CODE 4310-FB-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [CO-910-07-7122-PN-C002] Notice of Proposed Supplementary Rules for Public Land Administered by the Bureau of Land Management

(BLM)in Colorado, Relating to Camping and Occupancy of Public Lands AGENCY: Bureau of Land Management, Interior. ACTION: Proposed supplementary rules for public lands within the State of Colorado. SUMMARY: The Bureau of Land Management

(BLM)is proposing these supplementary rules for public lands within the State of Colorado, relating to camping. These rules extend the time period and distance the camping public must move once the current 14-day stay limit is reached. These supplementary rules are needed to protect natural resources and provide for public health and safety. They are based upon existing regulations that address camping and residency, and update existing supplementary rules specific to camping stay limits. These supplementary rules further promote consistency between the BLM and similar rules of other natural resource agencies, including the U.S. Forest Service. DATES: You should submit your comments by March 7, 2008. ADDRESSES: You may submit comments by the following methods: Mail or hand-delivery: Bureau of Land Management, Colorado State Office, 2850 Youngfield Street, Lakewood, Colorado 80215. Internet e-mail: *http://www.co_proposed_rule@blm.gov* (Include Attn: Dorothy Bensusan in your subject line). FOR FURTHER INFORMATION CONTACT: State Staff Ranger Dorothy Bensusan, 303-239-3893 or *dorothy_bensusan@blm.gov* . SUPPLEMENTARY INFORMATION: I. Public Comment Procedures You may mail or deliver comments to Bureau of Land Management, Colorado State Office, 2850 Youngfield Street, Lakewood, Colorado 80215. You may also comment via the Internet to *http://www.co_proposed_rule@blm.gov* . Please also include your name and return address in your Internet message, and include “attn: Dorothy Bensusan.” You also may comment via the Internet by accessing the Federal eRulemaking Portal at *http://www.regulations.gov* and following the instructions there. Written comments on the proposed amended supplementary rules should be specific, confined to issues pertinent to the proposed amendments, and should explain the reason for any recommended change. Where possible, comments should reference the specific section or paragraph of the proposal that the comment addresses. The BLM may not necessarily consider or include in the Administrative Record for the supplementary rules comments that BLM receives after the close of the comment period (see DATES ), unless they are postmarked or electronically dated before the deadline, or comments delivered to an address other than those listed above (See ADDRESSES ). Comments, including names, street addresses, and other contact information of respondents, will be available for public review at 2850 Youngfield Street, Lakewood, CO 80215, during regular business hours (7:45 a.m. to 3:45 p.m.), Monday through Friday, except Federal holidays. Before including your address, telephone number, e-mail address, or other personal identifying information in your comment, be advised that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask in your comment to withhold from public review your personal identifying information, we cannot guarantee that we will be able to do so. II. Discussion The current camping stay limit was published in 1990, and while it limited occupancy of any location to 14 days, it only required departure for 7, or removal to a new location not less than 3 miles away. As a result, certain users have taken advantage of the existing language and established long term residency under the pretext of camping. Public concern about this unauthorized residential occupancy has necessitated that the BLM develop stronger regulations to address the issue. These uses often interfere with legitimate recreation use of public lands, create sanitation and other potential health concerns, cause damage to the resources by illegal campfire use, vegetation trampling, vehicle use, and trash dumping, and occasionally pose public dangers. These regulations replace the statewide 14-Day Camping Limit established by the Colorado BLM through **Federal Register** notice issued April 11, 1990 (55 FR 13672). The amended language increases the distance campers must move after reaching the 14-day limit from 3 to 30 miles. These supplementary rules also require that once campers have camped for 14 consecutive days, they must move away from a particular location for at least 30 days before returning, rather than 7 days, as the existing rule provides. Additional language is included to limit the occurrence of unattended campsites which are being established for the purpose of securing campsite locations for later use. These supplementary rules apply to all the public lands within the State of Colorado. In keeping with the BLM's performance goal to reduce threats to public health, safety, and property, these rules are necessary to protect the natural resources, provide for safe public recreation and public health, reduce the potential for damage to the environment, and enhance the safety of public land users. Individual Field Offices may issue separate regulations relating to camping and occupancy that are more, but not less, restrictive. This notice does not affect more restrictive camping limits that may already be in place for certain areas. III. Procedural Information Executive Order 12866, Regulatory Planning and Review These supplementary rules are not a significant regulatory action and are not subject to review by the Office of Management and Budget under Executive Order 12866. The supplementary rules will not have an effect of $100 million or more on the economy. They are directed at preventing unlawful personal behavior on public lands, in order to protect public health and safety. They will not adversely affect, in a material way, the economy, productivity, competition, jobs, the environment, public health or safety, or state, local, or tribal governments or communities. The supplementary rules will not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency. The supplementary rules do not alter the budgetary effects of entitlements, grants, user fees, or loan programs or the right or obligations of their recipients; nor do they raise novel legal or policy issues. The supplementary rules merely enable BLM law enforcement personnel to enforce regulations pertaining to unlawful occupancy and health, building, sanitation, and fire codes in a manner consistent with current Colorado state and county laws, where appropriate on public lands. Regulatory Flexibility Act Congress enacted the Regulatory Flexibility Act of 1980, as amended, 5 U.S.C. 601-612,

(RFA)to ensure that Government regulations do not unnecessarily or disproportionately burden small entities. The RFA requires a regulatory flexibility analysis if a rule would have a significant economic impact, either detrimental or beneficial, on a substantial number of small entities. The proposed supplementary rules do not pertain specifically to commercial or governmental entities of any size, but contain rules to protect the health and safety of individuals, property, and resources on the public lands. Therefore, BLM has determined under the RFA that the proposed supplementary rules would not have a significant economic impact on a substantial number of small entities. Small Business Regulatory Enforcement Fairness Act (SBREFA) This supplementary rules do not constitute a “major rule” as defined at 5 U.S.C. 804(2). Again, the supplementary rules pertain only to individuals who may wish to occupy public lands for residential purposes or maintain, construct, place, occupy or use any structure in violation of state or county health, building, sanitation or fire codes. In this respect, the regulation of such use is necessary to protect the public lands and facilities and those, including small business concessionaires and outfitters, who use them. The supplementary rules have no effect on business, commercial, or industrial use of the public lands. Unfunded Mandates Reform Act These proposed supplementary rules do not impose an unfunded mandate on state, local or tribal governments or the private sector of more than $100 million per year; nor do these proposed supplementary rules have a significant or unique effect on state, local, or tribal governments or the private sector. The supplementary rules do not require anything of state, local, or tribal governments. Therefore, BLM is not required to prepare a statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531, *et seq.* ) Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights (Takings) The proposed supplementary rules do not represent a government action capable of interfering with constitutionally protected property rights. The supplementary rules do not address property rights in any form, and do not cause the impairment of anyone's property rights. Therefore, the Department of the Interior has determined that the supplementary rules would not cause a taking of private property or require further discussion of takings implications under this Executive Order. Executive Order 13132, Federalism The supplementary rules will not have a substantial direct effect on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. The supplementary rules apply in only one state, Colorado, and do not address jurisdictional issues involving the Colorado State government. Therefore, in accordance with Executive Order 13132, BLM has determined that the supplementary rules do not have sufficient Federalism implications to warrant preparation of a Federalism Assessment. Executive Order 13175, Consultation and Coordination with Indian Tribal Governments In accordance with E.O. 13175, we have found that these proposed supplementary rules do not include policies that have tribal implications. Since the supplementary rules do not change BLM policy and do not involve Indian reservation lands or resources, we have determined that the government-to-government relationships should remain unaffected. The supplementary rules only prohibit the unauthorized occupancy of public lands and the unauthorized maintaining, construction, placing, occupying, or use of any structure in violation of any state and/or county health, building, sanitation, or fire code on public lands. Executive Order 12988, Civil Justice Reform Under Executive Order 12988, Colorado State Office of the BLM has determined that these proposed supplementary rules would not unduly burden the judicial system and that they meet the requirements of sections 3(a) and 3(b)(2) of the Order. Paperwork Reduction Act These proposed supplementary rules do not contain information collection requirements that the Office of Management and Budget must approve under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501, *et seq.* National Environmental Policy Act The BLM has prepared an environmental assessment

(EA)and has found that the proposed supplementary rules would not constitute a major Federal action significantly affecting the quality of the human environment under Section 102(2)(C) of the Environmental Protection Act of 1969 (NEPA), 42 U.S.C. 4332(2)(C). The supplementary rules will enable BLM law enforcement personnel to cite persons for unlawful camping, and the use of public land for residential purposes. The BLM has placed the EA and the Finding of No Significant Impact (FONSI) on file in the BLM Administrative Record at the address specified in the ADDRESSES section. The BLM invites the public to review these documents and suggests that anyone wishing to submit comments do so in accordance with the Public Comment Procedures section, above. Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use These proposed supplementary rules do not comprise a significant energy action. The supplementary rules will not have an adverse effect on energy supplies, production, or consumption. They only address unauthorized occupancy and violations of state or county health, building, sanitation or fire codes on public lands, and have no conceivable connection with energy policy. Author The principal author of these proposed supplementary rules is State Staff Ranger Dorothy Bensusan, Bureau of Land Management. For the reasons stated in the Preamble, and under the authority for supplementary rules found under 43 CFR 8365.1-6, 43 CFR 8364.1, 43 U.S.C. 1740, 16 U.S.C. 670h(c)(5) and 43 U.S.C. 315a, the Colorado State Director, Bureau of Land Management, proposes to issue these supplementary rules for public lands managed by the BLM in Colorado, to read as follows: Supplementary Rules for Colorado Definitions *Camping:* The erecting of a tent or shelter of natural or synthetic material, preparing a sleeping bag or other bedding material for use, parking of a motor vehicle, motor home or trailer, or mooring of a vessel, for the apparent purpose of overnight occupancy while engaged in recreational activities such as hiking, hunting, fishing, bicycling, sightseeing, off-road vehicle activities, or other generally recognized forms of recreation. *Campground:* Any area specifically designated for overnight camping. *Developed Campgrounds:* Campgrounds that have been improved specifically for camping purposes and may include designated campsites, delineated spaces, structures or improvements typically provided for camping purposes. These may include but are not limited to picnic tables, grills or fire rings, sanitary facilities, trash receptacles, potable water, controlled access, information kiosks, and user fees may be charged. *Day Use Area:* Any areas open for public access only during daylight hours, typically between sunrise and sunset, or where specific hours of operation have been identified. Overnight use in these areas is specifically prohibited. *Designated Recreation Area:* An area officially designated by official order or notice, or identified in planning documents for which the BLM has determined the resources require special management and control measures for resource protection. *Occupancy:* Full or part-time residence on public lands for non-recreational purposes, such as temporary residence in connection with, or while seeking, employment in the vicinity, or because another permanent residence is not available. It also means activities that involve residence; the construction, presence, or maintenance of temporary or permanent structures that may be used for such purposes; or the use of a watchman or caretaker for the purpose of monitoring activities. Residence or structures include, but are not limited to, barriers to access, fences, tents, motor homes, trailers, cabins, houses, buildings, and storage of equipment or supplies. Prohibited Acts Unless otherwise authorized, the following acts are prohibited on public lands within Colorado: A. Camping and Occupancy 1. You must not camp longer than 14 consecutive days at any one location on public land. 2. After the 14 days have been reached, you must not return to that location for 30 days, and/or you must move at least 30 air miles away from the previously occupied location. 3. You must not leave any personal property or refuse after vacating the campsite. This includes any property left for the purposes of use by another camper or occupant. 4. You must not leave personal property unattended in a day use area, campground, designated recreation area, or on any other public lands, for more than 24 hours. 5. You must not establish occupancy, take possession of, or otherwise use public lands for residential purposes except as allowed under 43 CFR 3715.2, 3715.2-1, 3715.5, 3715.6, or with prior written authorization from the BLM. 6. You must not block, restrict, place signs, or otherwise interfere with the use of a road, trail, gate or other legal access to and through public lands. 7. You must not camp in any area posted as closed to camping. Closure must be attained through a final land use planning decision, **Federal Register** notification, temporary closure order, or posting or positioning of a hazardous condition notice or barrier. 8. If a camping area charges fees, you must register and pay camping fees within 30 minutes of occupying any campsite. 9. Whenever camping in a developed campground or designated recreation area with established campsites, you must camp in a designated campsite. B. Other Acts You must not violate any state or county laws or regulations relating to public health, safety, sanitation, building or fire codes. *Exemptions:* Persons who are exempt from these rules include: any Federal, state, or local officer or employee in the scope of their duties; members of any organized rescue or fire-fighting force in performance of an official duty; and any person authorized in writing by the Bureau of Land Management. *Penalties:* a. On public lands in grazing districts ( *see* 43 U.S.C. 315a) and on public lands leased for grazing under 43 U.S.C. 315m, any person who violates any of these supplementary rules may be tried before a U.S. Magistrate and fined no more than $500.00. Such violations may also be subject to the enhanced fines provided for by 18 U.S.C. 3571. b. On public lands subject to the Federal Lands Policy and Management Act of 1976, 43 U.S.C. 1701, *et seq.* , any person who violates any of these supplementary rules may be tried before a U.S. Magistrate and fined no more than $1000 or imprisoned for no more than 12 months, or both. 43 U.S.C. 1733(a); 43 CFR 8360.07. Such violations may also be subject to the enhanced fines provided by 18 U.S.C. 3571. Jamie E. Connell, Acting State Director, Colorado. [FR Doc. E8-2137 Filed 2-5-08; 8:45 am] BILLING CODE 4310-JB-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [NV-050-5853-ES; N-66348; 8-08807: TAS: 14X5232] Notice of Realty Action: Lease/Conveyance for Recreation and Public Purposes of Public Lands in Clark County, Nevada AGENCY: Bureau of Land Management, Interior. ACTION: Notice. SUMMARY: Recreation and Public Purposes (R&PP) Act request for lease and subsequent conveyance of approximately 55 acres of public land in the City of Las Vegas, Clark County, Nevada. The City of Las Vegas proposes to use the land for a public park. DATES: Interested parties may submit written comments regarding the proposed lease/conveyance of the lands until March 24, 2008. ADDRESSES: Mail written comments to the BLM Field Manager, Las Vegas Field Office, 4701 N. Torrey Pines Drive, Las Vegas, NV 89130-2301. FOR FURTHER INFORMATION CONTACT: Kim Liebhauser,

(702)515-5088. SUPPLEMENTARY INFORMATION: The following described public land in Clark County, Nevada has been examined and found suitable for lease and subsequent conveyance under the provisions of the R&PP Act, as amended (43 U.S.C. 869 *et seq* ). The parcel of land is located between the Interstate 215 Beltway and Centennial Parkway at Grand Canyon Drive, Las Vegas, Nevada, and is legally described as: Mount Diablo Meridian, Nevada T. 19 S., R. 60 E., sec. 19, N 1/2 SE 1/4 SW 1/4 , E 1/2 SW 1/4 SE 1/4 SW 1/4 , SE 1/4 SE 1/4 SW 1/4 , S 1/2 SW 1/4 SE 1/4 . The area described contains 55 acres, more or less. In accordance with the R&PP Act, the City of Las Vegas has filed an application to develop the above described land as a public park with related facilities to meet the park space needs of this rapidly growing area. Related facilities include four soccer fields, three baseball diamonds, a children's play area with shade canopy, picnic shelters, restrooms, concession area, large grass open play area, landscaping, and parking lot. Additional detailed information pertaining to this application, plan of development, and site plan is in case file N-66348, which is located in the BLM Las Vegas Field Office at the above address. Cities are a common applicant under the public purposes provision of the R&PP Act. The City of Las Vegas is a political subdivision of the State of Nevada and is therefore a qualified applicant under the Act. The land is not required for any Federal purpose. The lease/conveyance is consistent with the BLM Las Vegas Resource Management Plan, dated October 5, 1998, and would be in the public interest. The lease/conveyance, when issued, will be subject to the provisions of the R&PP Act and applicable regulations of the Secretary of the Interior, and will contain the following reservations to the United States: 1. A right-of-way thereon for ditches or canals constructed by the authority of the United States, Act of August 30, 1890 (43 U.S.C. 945). 2. All minerals shall be reserved to the United States, together with the right to prospect for, mine and remove such deposits from the same under applicable law and such regulations as the Secretary of the Interior may prescribe. The lease/conveyance will be subject to: 1. Valid existing rights; 2. A right-of-way for gas pipeline granted to Kern River Transmission Company, its successors and assigns, by right-of-way N-42581, pursuant to the Act of February 25, 1920, 041 Stat. 0437, 30 U.S.C. 185 Sec. 28; 3. A right-of-way for road granted to Clark County, its successors and assigns, by right-of-way N-54102, pursuant to the Act of October 21, 1976, 090 Stat. 2776, 43 U.S.C. 1761; 4. A right-of-way for an underground distribution line granted to Nevada Power Company, its successors or assigns, and those rights granted to Central Telephone Company, its successors or assigns, by right-of-way N-54331, pursuant to the Act of October 21, 1976, 090 Stat. 2776, 43 U.S.C. 1761; 5. A right-of-way for an underground distribution line granted to Nevada Power Company, its successors and assigns, by right-of-way N-55341, pursuant to the Act of October 21, 1976, 090 Stat. 2776, 43 U.S.C. 1761; 6. A right-of-way for road granted to Clark County, its successors and assigns, by right-of-way N-57092, pursuant to the Act of October 21, 1976, 090 Stat. 2776, 43 U.S.C. 1761; 7. A right-of-way for road granted to Clark County, its successors and assigns, by right-of-way N-58559, pursuant to the Act of October 21, 1976, 090 Stat. 2776, 43 U.S.C. 1761; 8. A right-of-way for road granted to Clark County, its successors and assigns, by right-of-way N-59744, pursuant to the Act of October 21, 1976, 090 Stat. 2776, 43 U.S.C. 1761; 9. A right-of-way for road granted to Clark County, its successors and assigns, by right-of-way N-60079, pursuant to the Act of October 21, 1976, 090 Stat. 2776, 43 U.S.C. 1761; 10. A right-of-way for construction staging granted to Las Vegas Valley Water District, its successors and assigns, by right-of-way N-61176-01, pursuant to the Act of October 21, 1976, 090 Stat. 2776, 43 U.S.C. 1761. 11. A right-of-way for the north segment of the Interstate 215 Beltway granted to Clark County, its successors and assigns, by right-of-way N-61323, pursuant to the Act of October 21, 1976, 090 Stat. 2776, 43 U.S.C. 1761; 12. A right-of-way for an underground distribution line granted to Nevada Power Company, its successors and assigns, by right-of-way N-61629, pursuant to the Act of October 21, 1976, 090 Stat. 2776, 43 U.S.C. 1761; 13. A right-of-way for an underground distribution line granted to Nevada Power Company, its successors and assigns, by right-of-way N-61910, pursuant to the Act of October 21, 1976, 090 Stat. 2776, 43 U.S.C. 1761; 14. A right-of-way for a water pipeline granted to Las Vegas Valley Water District, its successors and assigns, by right-of-way N-62096, pursuant to the Act of October 21, 1976, 090 Stat. 2776, 43 U.S.C. 1761; 15. A right-of-way for a water line granted to Las Vegas Valley Water District, its successors and assigns, by right-of-way N-62751, pursuant to the Act of October 21, 1976, 090 Stat. 2776, 43 U.S.C. 1761; 16. A right-of-way for an underground distribution line granted to Central Telephone Company, its successors or assigns, by right-of-way N-63045, pursuant to the Act of October 21, 1976, 090 Stat. 2776, 43 U.S.C. 1761; 17. A right-of-way for a natural gas line granted to Southwest Gas Corporation, its successors or assigns, by right-of-way N-75767, pursuant to the Act of February 25, 1920, 041 Stat. 0437, 30 U.S.C. 185 Sec. 28; 18. A right-of-way for underground electrical conduit granted to Nevada Power Company, its successors or assigns, by right-of-way N-76736, pursuant to the Act of October 21, 1976, 090 Stat. 2776, 43 U.S.C. 1761; and 19. A right-of-way for a natural gas line granted to Southwest Gas Corporation, its successors or assigns, by right-of-way N-81742, pursuant to the Act of February 25, 1920, 041 Stat. 0437, 30 U.S.C. 185 Sec. 28. Upon publication of this notice in the **Federal Register** , the land described above will be segregated from all other forms of appropriation under the public land laws, including the general mining laws, except for lease/conveyance under the R&PP Act, leasing under the mineral leasing laws and disposals under the mineral material disposal laws. Interested parties may submit written comments regarding the specific use proposed in the application and plan of development, whether BLM followed proper administrative procedures in reaching the decision to lease/convey under the R&PP Act, or any other factor not directly related to the suitability of the land for R&PP use. Any adverse comments will be reviewed by the BLM Nevada State Director, who may sustain, vacate, or modify this realty action. In the absence of any adverse comments, this realty action will become the final determination of the Department of the Interior. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Only written comments submitted by postal service or overnight mail to the Field Manager, BLM Las Vegas Field Office, will be considered properly filed. Electronic mail, facsimile, or telephone comments will not be considered properly filed. In the absence of any adverse comments, the decision will become effective April 7, 2008. The lands will not be available for lease/conveyance until after the decision becomes effective. (Authority: 43 CFR 2741.5) Dated: January 30, 2008. Kimber Liebhauser, Acting Assistant Field Manager, Non-Renewable Resources, Las Vegas, Nevada. [FR Doc. E8-2132 Filed 2-5-08; 8:45 am] BILLING CODE 4310-HC-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [ID-410-1430-EU; IDI-35797] Notice of Realty Action; Proposed Direct Sale of Public Land, Idaho AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Realty Action. SUMMARY: A parcel of public land totaling 5.07 acres in Shoshone County, Idaho, is being considered for direct sale to Sunshine Precious Metals Inc. under the provisions of the Federal Land Policy Management Act of 1976 (FLPMA), at no less than the appraised fair market value. DATES: In order to ensure consideration in the environmental analysis of the proposed sale, comments must be received by March 24, 2008. ADDRESSES: Address all comments concerning this Notice to Field Manager, Bureau of Land Management (BLM), Coeur d'Alene Field Office, 3815 Schreiber Way, Coeur d'Alene, Idaho 83815. FOR FURTHER INFORMATION CONTACT: Janna Paronto, Realty Specialist, at the above address or phone

(208)769-5037. SUPPLEMENTARY INFORMATION: The following-described public land in Shoshone County, Idaho, is being considered for sale under the authority of section 203 of the Federal Land Policy and Management Act of 1976, (90 Stat. 2750, 43 U.S.C. 1713): Boise Meridian T. 48 N., R. 3 E., sec. 10, E 1/2 SE 1/4 SW 1/4 SW 1/4 ; sec. 15, lot 24. The area described contains 5.07 acres in Shoshone County. The 2007 BLM Coeur d'Alene Resource Management Plan identifies this parcel of public land as suitable for disposal. Conveyance of the identified public land will be subject to valid existing rights and encumbrances of record, including but not limited to, rights-of-way for roads and public utilities. Conveyance of any mineral interests pursuant to section 209 of the FLPMA will be analyzed during processing of the proposed sale. On February 6, 2008, the above-described land will be segregated from appropriation under the public land laws, including the mining laws, except the sale provisions of the FLPMA. Until completion of the sale, the BLM is no longer accepting land use applications affecting the identified public land, except applications for the amendment of previously-filed right-of-way applications or existing authorizations to increase the term of the grants in accordance with 43 CFR 2807.15 and 2886.15. The segregative effect will terminate upon issuance of a patent, publication in the **Federal Register** of a termination of the segregation, or February 8, 2010, unless extended by the BLM State Director in accordance with 43 CFR 2711.1-2(d) prior to the termination date. Public Comments For a period until March 24, 2008, interested parties and the general public may submit in writing any comments concerning the land being considered for sale, including notification of any encumbrances or other claims relating to the identified land, to Field Manager, BLM Coeur d'Alene Field Office, at the above address. In order to ensure consideration in the environmental analysis of the proposed sale, comments must be in writing and postmarked or delivered within 45 days of the initial date of publication of this Notice. Comments transmitted via e-mail will not be accepted. Comments, including names and street addresses of respondents, will be available for public review at the BLM Coeur d'Alene Field Office during regular business hours, except holidays. Individual respondents may request confidentiality. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment-including your personal identifying information-may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. If you wish to have your name or address withheld from public disclosure under the Freedom of Information Act, you must state this prominently at the beginning of your comments. Any determination by the BLM to release or withhold the names and/or addresses of those who comment will be made on a case-by-case basis. Such requests will be honored to the extent allowed by law. The BLM will make available for public review, in their entirety, all comments submitted by businesses or organizations, including comments by individuals in their capacity as an official or representative of a business or organization. (Authority: 43 CFR 2711.1-2) Dated: January 22, 2008. Eric R. Thomson, Coeur d'Alene Field Manager. [FR Doc. 08-485 Filed 2-5-08; 8:45am]

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