Rainbow Legaliaison/DC
P. O. Box 5604 Takoma Park, Maryland 20913
(Telephone number 202-462-0757)
UPDATE FEBRUARY 22, 1993
As it left power the Bush administration dumped over
one hundred proposed regulations, including one to RESTRICT
PEACEABLE ASSEMBLY ON PUBLIC LANDS, into the regulatory
process. The Clinton administration noticed this parting
shot, and recalled those regulations for approval by a
person "appointed by President Clinton and confirmed by
the Senate."
THE BAD NEWS: The anti-peaceful assembly regulation was
approved one yet unidentified Clinton appointee. It is
currently being considered for approval by OMB prior to
publication in the Federal Register. In a letter dated
February 10, 1992 OMB refused a Freedom of Information Act
request for a copy of the draft. OMB claims it is,
"a predecisional document, the disclosure of which would
chill the free and frank exchange of views within the
Executive branch."
THE GOOD NEWS: Cindy, who works in Agriculture Secretary
Mike Espy's office, said that they had received about a hundred
phone calls complaining about the regulation, and that was an
unusually large amount of interest. With an avalanche of calls
and THERE MIGHT STILL BE A CHANCE TO STOP THIS REGULATION BEFORE
IT GETS TO THE PUBLIC COMMENT STAGE.
FYI: In cranking out new regulations the government is
(supposedly) governed by the Administrative Procedure Act (5 USC
554 et. seq.). Essentially the government must 1) publish a
"proposed rulemaking" in the Federal Register, 2) allow a period
(usually 60 or 90 days) within which the public is permitted to
submit letters and evidence to oppose, or support, the proposed
rule, 3) consider the public comment, 4) publish a "final rule"
in the Federal Register, and 5) allow at least a 30 day "delay of
effectiveness" before the regulation -- then published in the
Code of Federal Regulations (CFR) -- can be enforced. Thus, if
the government worked efficiently an ANTI-GATHERING REGULATION
COULD conceivably BE READY FOR ENFORCEMENT BY JULY.
But, to be ready for enforcement by July, due to the "30 day
delay of effectiveness," USFS will have to publish its final rule
by the beginning of June. The "final rule" is supposed to
articulate the USFS' reply to opposition received by the agency
during "public comment." The number AND QUALITY of letters
received during "public comment" will determine - to some degree
- how long it will take NFS to publish its final rulemaking.
A high quality letter will be legibly written and will succinctly
explain why the proposed rulemnaking is factually unsupportable,
unreasonable, irrational or unnecessary. A lot of public comment
will at least slow them down. Lobbyists say one letter is worth
ten phone calls.
White House
Carol Rasco
Domestic Policy Advisor
Washington, D.C. 20500
202-456-2216
Secretary of Agriculture
ATT: Ron Blackley 14th & Independence SW 200-AÔ 202-720-3631
RUMOR CONTROL: It has been reported that Cindy, in Secretary
Espy's office (202-720-3631) is advising people not to worry
because "you can't be arrested under this regulation." That is
INCORRECT. Because USFS has been acting like this is a big secret,
we don't know exactly what the proposed regulation provides, but,
no matter what the regulation prohibits, it is a proposal to amend
"36 CFR Parts 251 and 261." We do exactly know that 36 CFR 261.1b
plainly states that:
"Any violations of Part 261 shall be punished by a fine of not
more than $500 or imprisonment for not more than six months or
both pursuant to Title 16 U.S. Code section 561."
The least folks can do is to sign a petition. The wording of
this petition should encompass the objectionable aspects of any
regulation the NFS will finally come up with. Circulation of the
petition (or make up your own petition) could begin immediately.
The petition will be submitted to NFS at the end of the public comment period.
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Please pass this information along to anyone and everyone you
know. If you want to be put on a mailing list for updates, or
have any questions contact: D.C. Legaliaison P.O. Box 27217
Washington, D.C. 20038. (202)-462-0757