Notice of Final Supplementary Rules for Travel Management on Public Lands in Gunnison, Montrose, Hinsdale, and Saguache Counties, Colorado, 3618-3621 [2015-01220]
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Federal Register / Vol. 80, No. 15 / Friday, January 23, 2015 / Notices
Management, Arizona State Office, One
North Central Avenue, Suite 800,
Phoenix, Arizona 85004–4427, 602–
417–9504. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
to contact the above individual during
normal business hours. The FIRS is
available 24 hours a day, 7 days a week,
to leave a message or question with the
above individual. You will receive a
reply during normal business hours.
The 15member Council advises the Secretary
of the Interior, through the BLM, on a
variety of planning and management
issues associated with public land
management in Arizona. Planned
agenda items include: A welcome and
introduction of Council members; BLM
State Director’s Update on BLM
Programs and Issues; Rapid Ecoregional
Assessments Overview; Sonoran
Landscape Pilot Update; Law
Enforcement Partnerships and
Monument Resources in Southern
Arizona; Reports by the RAC Working
Groups; RAC Questions on BLM District
Manager Reports; Recognition
Ceremony for Glendon Collins (former
Arizona RAC Member) and other items
of interest to the RAC. Members of the
public are welcome to attend the RAC
Business meeting. A public comment
period is scheduled from 11:30 a.m. to
12:00 p.m. for any interested members
of the public who wish to address the
Council on BLM programs and business.
Depending on the number of persons
wishing to speak and time available, the
time for individual comments may be
limited. Written comments may also be
submitted during the meeting for the
RAC’s consideration. The final meeting
agenda will be available two weeks
prior to the meeting and posted on the
BLM Web site at: https://www.blm.gov/
az/st/en/res/rac.html. Additionally,
directions to the meeting site and
parking information may be found on
the BLM Web site at: https://
www.blm.gov/az/st/en/res/pub_room/
location.html. Individuals who need
special assistance, such as sign language
interpretation or other reasonable
accommodations, should contact the
RAC Coordinator listed above no later
than two weeks before the start of the
meeting.
Under the Federal Lands Recreation
Enhancement Act, the RAC has been
designated as the Recreation RAC
(RRAC) and has the authority to review
all BLM and Forest Service recreation
fee proposals in Arizona. The RRAC
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SUPPLEMENTARY INFORMATION:
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will not review recreation fee program
proposals at this meeting.
Raymond Suazo,
Arizona State Director.
[FR Doc. 2015–01210 Filed 1–22–15; 8:45 am]
BILLING CODE 4310–32–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCOS06000 L12200000.DU0000]
Notice of Final Supplementary Rules
for Travel Management on Public
Lands in Gunnison, Montrose,
Hinsdale, and Saguache Counties,
Colorado
Bureau of Land Management,
Interior.
ACTION: Notice of Final Supplementary
Rules.
AGENCY:
The Bureau of Land
Management (BLM) in Colorado is
finalizing supplementary rules for
public lands addressed in the Gunnison
Basin Federal Lands Travel
Management Plan (TMP), approved on
June 28, 2010. These final
supplementary rules apply to public
lands administered by the BLM
Gunnison Field Office in Gunnison,
Montrose, Hinsdale, and Saguache
counties, Colorado. The final rules
implement decisions found in the TMP
relating to the use of motorized and
non-motorized vehicles.
DATES: These supplementary rules are
effective February 23, 2015.
ADDRESSES: You may send inquiries by
the following methods: Mail or hand
deliver to Kristi Murphy, Outdoor
Recreation Planner, BLM Gunnison
Field Office, 210 West Spencer Street,
Suite A, Gunnison, CO 81230. You may
also send inquiries via email to
kmurphy@blm.gov (include ‘‘Final
Supplementary Rules’’ in the subject
line).
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Kristi Murphy, Outdoor Recreation
Planner, at the above address, by phone
at 970–642–4955, or by email at
kmurphy@blm.gov. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 800–877–8339 to
contact the above individual during
normal business hours. The FIRS is
available 24 hours a day, seven days a
week, to leave a message or question
with the above individual. You will
receive a reply during normal business
hours.
SUPPLEMENTARY INFORMATION:
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I. Background
Prior to 2010, the BLM Gunnison
Field Office used the BLM’s 1980
Transportation Plan and the 2001
Gunnison Interim Travel Plan to manage
travel on BLM-managed lands. As
required in the 2001 Travel Plan, the
BLM and the U.S. Forest Service
embarked on a planning process to
develop a more definitive and
comprehensive system of routes across
Federal lands in the Gunnison Basin.
The two agencies jointly published a
Notice of Intent to Prepare an
Environmental Impact Statement (EIS)
in the Federal Register at 72 FR 24267
(May 2, 2007). They subsequently
published the Gunnison Basin Federal
Lands Travel Management Plan EIS
(CO–160–2008–025–EIS). Following
analysis of the public comments, the
BLM issued a decision record on June
28, 2010. The 2010 TMP replaces the
1980 Transportation Plan and the 2001
Interim Travel Plan. These final
supplementary rules enable the BLM to
implement several key decisions
contained in the 2010 TMP to protect
natural resources and provide for public
health and safety. No other existing
rules are affected by these final
supplementary rules. The proposed
supplementary rules were published in
the Federal Register at 78 FR 26804 on
May 8, 2013, and the public comment
period ended July 8, 2013. The final
supplementary rules are consistent with
the Decision Record for the TMP, which
was approved on June 28, 2010.
These final supplementary rules
apply to public lands administered by
the BLM Gunnison Field Office. The
2010 TMP area consists of
approximately 585,012 acres of public
lands within Gunnison, Montrose,
Hinsdale, and Saguache counties,
Colorado, in the following described
townships:
Sixth Principal Meridian
Tps. 11 S., Rs. 83 and 84 W., unsurveyed.
Tps. 11 S., Rs. 86 and 87 W., partly
unsurveyed.
Tps. 12 S., Rs. 82 to 87 W., partly
unsurveyed.
Tps. 13 S., Rs. 80 to 87 W., partly
unsurveyed.
Tps. 14 S., Rs. 80 to 88 W., partly
unsurveyed.
Tps. 15 S., Rs. 81 to 88 W., partly
unsurveyed.
New Mexico Principal Meridian
Tps. 43 N., Rs. 1 and 2 E., partly unsurveyed.
Tps. 44 N., Rs. 1, 2, and 3 E., partly
unsurveyed.
Tps. 45 N., Rs. 1, 2, and 3 E., partly
unsurveyed.
Tps. 46 N., Rs. 1 to 4 E., partly unsurveyed.
Tps. 47 N., Rs. 1 to 7 E., partly unsurveyed.
Tps. 48 N., Rs. 1 to 7 E.
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Tps. 49 N., Rs. 1 to 6 E.
Tps. 50 N., Rs. 1 to 6 E.
Tps. 51 N., Rs. 1 to 5 E.
Tps. 41 N., Rs. 5 and 6 W., unsurveyed.
Tps. 42 N., Rs. 3 to 6 W., partly unsurveyed.
Tps. 43 N., Rs. 1 to 7 W., partly unsurveyed.
Tps. 44 N., Rs. 1 to 6 W., partly unsurveyed.
Tps. 45 N., Rs. 1 to 6 W., partly unsurveyed.
Tps. 46 N., Rs. 1 to 6 W., partly unsurveyed.
Tps. 47 N., Rs. 1 to 6 W.
Tps. 48 N., Rs. 1 to 6 W.
Tps. 49 N., Rs. 1 to 6 W.
Tps. 50 N., Rs. 1 to 4 W.
Tps. 51 N., Rs. 1 to 4 W.
II. Discussion of Public Comments and
Final Supplementary Rules
The BLM received comments from
five parties. Upon review of the
comments, the BLM made one minor
change to the definition of the term
‘‘existing travel routes,’’ discussed
below.
Two parties disagreed with the 2010
TMP decision and asked to keep more
routes open to motorized and
mechanized uses. Changing the 2010
TMP decision would be a separate
action that would require additional
site-specific environmental analysis and
is outside the scope of these final
supplemental rules.
Two parties expressed concern over
possibly losing right-of-way (ROW)
access across BLM-administered lands.
The Decision Record for the 2010 TMP
addressed ROW access. Supplementary
rules do not affect access routes to
maintain transmission lines or access
private property because those roads
and routes are (or will be as the ROWs
are amended and/or renewed), covered
under the appropriate BLM ROWs.
Another party suggested that the
terms of the supplementary rules be
consistent with TMP language. The
party expressed concern that terms such
as ‘‘designated travel routes’’ and
‘‘existing travel routes’’ could cause
confusion, were too vague, or might lead
to resource degradation when
interpreting the exceptions allowed for
travel off of designated roads. The
proposed supplementary rule defined
designated travel routes as roads and
trails open to specified modes of travel
and identified on a map of designated
roads and trails that is maintained and
available for public inspection at the
BLM Gunnison Field Office. The
commenter also asked the BLM to
clarify that the 30-foot exception only
applies when there is no existing route
available. The commenter further
suggested that additional restrictions
regarding parallel travel routes and
resource damage be added to the 30-foot
exception. As the rule states, the
exception for motorized travel off of
designated roads is clearly for the
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purpose of parking or camping. In
addition, the BLM has an existing rule
(43 CFR 8341.1(f)(4)) that prohibits
resource damage that would apply if
parking is causing resource damage or if
off-road travel is creating a parallel
travel route. Such a restatement of the
existing rules is not necessary and
would be contrary to the BLM policy
regarding the purpose of supplementary
rules (WO IM–2013–161).
The same commenter was also
concerned that people may travel
further than 300 feet from a designated
road on an existing route to camp or
park. This commenter encouraged the
BLM to sign, mark, and monitor existing
dispersed campsites and to close routes
that are more than 300 feet long or
creating resource damage. It is the
responsibility of public land users to
know and follow the rules. As discussed
in the 2010 TMP Decision Notice, the
BLM will continue to conduct such
monitoring and implementation as
available funding, staff, materials,
equipment, and volunteer resources
allow. It would be impractical, as well
as visually intrusive, for the BLM to
mark this distance on each possible
route off of designated roads.
The commenter was also concerned
that the definition of ‘‘existing travel
route’’ is too vague and could allow
motorized use on the track left by front
tires (followed by the rear tires) on game
trails, cow paths, footpaths, single-track
trails, and All-Terrain Vehicle trails.
The commenter also suggested that the
definition include a reference to a point
in time, e.g., when the decision was
made. The BLM established and defined
designated route travel in 2001 through
the Gunnison Interim Travel
Restrictions Decision (Decision Notice,
April 2001), which restricted motorized
and mechanized use (wheeled vehicles
used for human transport) to established
routes. Established routes are roads and
trails recognized by the agencies as
existing on the ground as of January 12,
2001, and receiving enough use to
remain recognizable as a route. That
restriction remains in place and is part
of the existing condition. The definition
of ‘‘existing travel routes’’ has been
clarified in the final supplementary rule
as requested.
Another commenter suggested
changing the definition of camping to
make a distinction between ‘‘camping
from a vehicle’’ and ‘‘camping from a
pack.’’ The definition of camping as
used in the supplementary rules is for
the purpose of describing an exception
for motorized travel off of designated
roads. For purposes of the
supplementary rules, there is no need to
differentiate backcountry camping from
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3619
vehicle camping. The commenter was
also concerned about subsequent onthe-ground actions the BLM may take to
implement route closures that may
prevent pedestrian use of closed routes.
This is not within the scope of these
supplementary rules as the rules only
address motorized and mechanized
travel.
III. Procedural Matters
Executive Order 12866, Regulatory
Planning and Review
These final 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. These final
supplementary rules would not have an
effect of $100 million or more on the
economy. These final supplementary
rules would 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.
These final supplementary rules would
not create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency. These
final supplementary rules do not
materially alter the budgetary effects of
entitlements, grants, user fees or loan
programs, or the rights or obligations of
their recipients; nor do they raise novel
legal or policy issues. These final
supplementary rules would not affect
legal commercial activity, but merely
impose limitations on certain
recreational activities on certain public
lands to protect natural resources and
human health and safety.
National Environmental Policy Act
These final supplementary rules
implement key decisions in the 2010
TMP. During the National
Environmental Policy Act (NEPA)
review for the 2010 TMP, the BLM fully
analyzed the substance of these final
supplementary rules in an EIS (CO–
160–2008–025–EIS). The BLM signed
the Decision Record for the EIS on June
28, 2010. The 2010 TMP EIS and
Decision Record and a subsequent
Determination of NEPA Adequacy are
on file in the BLM Gunnison Field
Office at the address specified in the
ADDRESSES section. The BLM finds that
the EIS associated with the 2010 TMP
is adequate for these supplementary
rules.
Regulatory Flexibility Act
Congress enacted the Regulatory
Flexibility Act of 1980 (RFA), as
amended, 5 U.S.C. 601–612, to ensure
that government regulations do not
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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. These final supplementary
rules would have no effect on business
entities of any size. These final
supplementary rules would merely
impose reasonable restrictions on
certain recreational activities on certain
public lands to protect natural resources
and the environment and human health
and safety. Therefore, the BLM has
determined under the RFA that these
final supplementary rules would not
have a significant economic impact on
a substantial number of small entities.
Small Business Regulatory Enforcement
Fairness Act
Executive Order 12630, Governmental
Actions and Interference With
Constitutionally Protected Property
Rights (Takings)
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
These final supplementary rules do
not constitute a government action
capable of interfering with
constitutionally-protected property
rights. The final supplementary rules
would not address property rights in
any form and would not cause the
impairment of constitutionallyprotected property rights. Therefore, the
BLM has determined that these final
supplementary rules would not cause a
‘‘taking’’ of private property or require
further discussion of takings
implications under this Executive
Order.
These final supplementary rules do
not comprise a significant energy action.
These final supplementary rules would
not have an adverse effect on energy
supply, production, or consumption and
have no connection with energy policy.
Executive Order 13132, Federalism
The final supplementary rules 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, 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.
Unfunded Mandates Reform Act
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These final supplementary rules are
not a ‘‘major rule’’ as defined at 5 U.S.C.
804(2). These final supplementary rules
would merely impose reasonable
restrictions on certain recreational
activities on certain public lands to
protect natural resources and the
environment and human health and
safety. These final supplementary rules
would not:
(1) Have an annual effect on the
economy of $100 million or more;
(2) Cause a major increase in costs or
prices for consumers, individual
industries, Federal, State, or local
agencies, or geographic regions; or
(3) Have significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of United States-based
enterprises to compete with foreignbased enterprises in domestic and
export markets.
Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
These final supplementary rules
would not impose an unfunded
mandate on State, local, or tribal
governments or the private sector of
more than $100 million per year; nor
would these final supplementary rules
have a significant or unique effect on
State, local, or tribal governments or the
private sector. The final supplementary
rules would merely impose reasonable
restrictions on certain recreational
activities on certain public lands to
protect natural resources and the
environment and human health and
safety. Therefore, the 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.).
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Executive Order 12988, Civil Justice
Reform
Under Executive Order 12988, the
BLM Colorado State Director has
determined that these final
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.
In accordance with Executive Order
13175, the BLM has found that these
final rules do not include policies that
have tribal implications and would 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.
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. 106–554).
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Executive Order 13352, Facilitation of
Cooperative Conservation
In accordance with Executive Order
13352, the BLM has determined that the
final supplementary rules would not
impede facilitating cooperative
conservation; would take appropriate
account of and consider the interests of
persons with ownership or other legally
recognized interests in land or other
natural resources; would properly
accommodate local participation in the
Federal decision-making process; and
would provide that the programs,
projects and activities are consistent
with protecting public health and safety.
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 of
1995, 44 U.S.C. 3501–3521.
Author
The principal author of these final
supplementary rules is Kristi Murphy,
Outdoor Recreation Planner, BLM,
Gunnison Field Office.
IV. Final Supplementary Rules
For the reasons stated in the
Preamble, and under the authority of 43
U.S.C. 315a, 1733(a), and 1740, and 43
CFR 8365.1–6, the State Director
establishes supplementary rules for
public lands within the Gunnison Field
Office, Colorado, to read as follows:
Supplementary Rules for the Gunnison
Basin Travel Management Plan
Definitions
Camping means erecting a tent or a
shelter of natural or synthetic materials;
preparing a sleeping bag or other
bedding material for use; or parking a
motor vehicle, motor home, or trailer for
the purpose or apparent purpose of
overnight occupancy.
Designated travel routes means roads
and trails open to specified modes of
travel and identified on a map of
designated roads and trails that is
maintained and available for public
inspection at the BLM Gunnison Field
Office, Colorado. Designated roads and
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trails are open to public use in
accordance with such limits and
restrictions as are, or may be, specified
in the resource management plan (RMP)
or TMP, or in future decisions
implementing the RMP. This definition
excludes any road or trail with BLMauthorized restrictions that prevent use
of the road or trail. Restrictions may
include signs or physical barriers such
as gates, fences, posts, branches, or
rocks.
Existing travel routes means
immediately-recognizable motor vehicle
travel routes or two-track trails that are
not identified as closed to motorized
vehicle use by a BLM sign or map and
are recognized by the BLM as existing
on the ground as of January 12, 2001.
Public land means any land or
interest in land owned by the United
States and administered by the
Secretary of the Interior through the
BLM without regard to how the United
States acquired ownership.
Mechanized vehicle means a humanpowered mechanical device, such as a
bicycle, not powered by a motor.
Motorized vehicle means a vehicle
that is propelled by a motor or engine,
such as a car, truck, off-highway
vehicle, motorcycle, or snowmobile.
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Prohibited Acts
1. Except as provided by Rule 2
below, you must not operate or possess
a motorized or mechanized vehicle in
an area designated as closed to such use
by a BLM sign or map.
2. You must not operate or possess a
mechanized or motorized vehicle except
in areas designated or routes identified
for such use by a BLM sign or map,
unless:
• You are using a mechanized game
cart for the purpose of retrieving a large
game animal with a valid carcass tag
outside of Congressionally-designated
wilderness areas or wilderness study
areas; or
• You are using a motorized vehicle
for the purpose of parking or camping
within 30 feet of the edge of a
designated travel route or on existing
travel routes within 300 feet of a
designated travel route.
3. You must not operate or possess a
motorized vehicle from March 15 to
May 15 in specific areas of identified
priority sage-grouse habitat as
designated by a BLM sign or map.
Exceptions
These supplementary rules do not
apply to emergency, law enforcement,
and Federal or other government
vehicles while being used for official or
other emergency purposes, or to any
other vehicle use that is expressly
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Jkt 235001
authorized or otherwise officially
approved by the BLM.
Penalties
Under Section 303(a) of the Federal
Land Policy and Management Act of
1976 (43 U.S.C. 1733(a)) and 43 CFR
8360.0–7, any person who violates any
of these supplementary rules may be
tried before a United States Magistrate
and fined no more than $1,000 or
imprisoned for no more than 12 months,
or both. Such violations may also be
subject to the enhanced fines provided
for by 18 U.S.C. 3571.
Ruth Welch,
BLM Colorado State Director.
[FR Doc. 2015–01220 Filed 1–22–15; 8:45 am]
BILLING CODE 4310–JB–P
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
[Docket No. BOEM–2015–0001]
Notice of Availability Environmental
Assessment for Commercial Wind
Lease Issuance and Site Assessment
Activities on the Atlantic Outer
Continental Shelf Offshore North
Carolina; MMAA104000
Bureau of Ocean Energy
Management (BOEM), Interior.
ACTION: Notice of Availability of an
Environmental Assessment.
AGENCY:
BOEM is announcing the
availability of an Environmental
Assessment (EA) for commercial wind
lease issuance, site characterization
activities (geological, geotechnical/
archeological and biological surveys)
and site assessment activities (including
the installation and operation of a
meteorological tower and/or buoys) on
the Atlantic Outer Continental Shelf
offshore North Carolina. The EA
considers the potential impacts of the
proposed action and analyzes
reasonable alternatives to the proposed
action. This Notice of Availability
(NOA) also serves to announce the
beginning of the public comment period
on the EA. The EA and associated
information are available on BOEM’s
Web site at https://www.boem.gov/StateActivities-North-Carolina/.
SUMMARY:
Authority: This NOA for an EA is in
compliance with the National Environmental
Policy Act (NEPA) of 1969, as amended (42
U.S.C. 4231 et seq.), and is published
pursuant to 43 CFR 46.305.
Comments should be submitted
no later than February 23, 2015. BOEM
will conduct public information
meetings to explain the proposed
DATES:
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3621
activities analyzed in the EA and
provide additional opportunity for
public comment on the EA. The
meetings will be held on the following
dates:
• Monday, February 9, 2015, in the
Northern Outer Banks, NC
• Wednesday, February 11, 2015, in
Wilmington, NC
• Thursday, February 12, 2015, in
Carolina Shores or Sunset Beach, NC
Additional information on specific
times and venues will be posted online
at: https://www.boem.gov/StateActivities-North-Carolina/.
FOR FURTHER INFORMATION CONTACT:
Michelle Morin, BOEM Office of
Renewable Energy Programs, 381 Elden
Street, HM 1328, Herndon, Virginia
20170–4817, (703) 787–1340 or
michelle.morin@boem.gov.
Federal,
state, tribal, and local governments and/
or agencies and the public may submit
written comments on this EA through
the following methods:
1. Federal eRulemaking Portal: https://
www.regulations.gov. In the field
entitled ‘‘Enter Keyword or ID,’’ enter
BOEM–2015–0001, and then click
‘‘search.’’ Follow the instructions to
submit public comments and view
supporting and related materials
available for this notice;
2. In written form, delivered by hand
or by mail, enclosed in an envelope
labeled ‘‘Commercial Wind Lease
Issuance and Site Assessment Activities
on the Atlantic Outer Continental Shelf
Offshore North Carolina Environmental
Assessment’’ and addressed to Program
Manager, Office of Renewable Energy,
Bureau of Ocean Energy Management,
381 Elden Street, HM 1328, Herndon,
Virginia 20170– 4817.
Before including your address, phone
number, email 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 comments
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
SUPPLEMENTARY INFORMATION:
Dated: December 31, 2014.
Walter D. Cruickshank,
Acting Director, Bureau of Ocean Energy
Management.
[FR Doc. 2015–01101 Filed 1–22–15; 8:45 am]
BILLING CODE 4310–MR–P
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]]>Agencies
[Federal Register Volume 80, Number 15 (Friday, January 23, 2015)]
[Notices]
[Pages 3618-3621]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01220]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCOS06000 L12200000.DU0000]
Notice of Final Supplementary Rules for Travel Management on
Public Lands in Gunnison, Montrose, Hinsdale, and Saguache Counties,
Colorado
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of Final Supplementary Rules.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) in Colorado is finalizing
supplementary rules for public lands addressed in the Gunnison Basin
Federal Lands Travel Management Plan (TMP), approved on June 28, 2010.
These final supplementary rules apply to public lands administered by
the BLM Gunnison Field Office in Gunnison, Montrose, Hinsdale, and
Saguache counties, Colorado. The final rules implement decisions found
in the TMP relating to the use of motorized and non-motorized vehicles.
DATES: These supplementary rules are effective February 23, 2015.
ADDRESSES: You may send inquiries by the following methods: Mail or
hand deliver to Kristi Murphy, Outdoor Recreation Planner, BLM Gunnison
Field Office, 210 West Spencer Street, Suite A, Gunnison, CO 81230. You
may also send inquiries via email to kmurphy@blm.gov (include ``Final
Supplementary Rules'' in the subject line).
FOR FURTHER INFORMATION CONTACT: Kristi Murphy, Outdoor Recreation
Planner, at the above address, by phone at 970-642-4955, or by email at
kmurphy@blm.gov. Persons who use a telecommunications device for the
deaf (TDD) may call the Federal Information Relay Service (FIRS) at
800-877-8339 to contact the above individual during normal business
hours. The FIRS is available 24 hours a day, seven days a week, to
leave a message or question with the above individual. You will receive
a reply during normal business hours.
SUPPLEMENTARY INFORMATION:
I. Background
Prior to 2010, the BLM Gunnison Field Office used the BLM's 1980
Transportation Plan and the 2001 Gunnison Interim Travel Plan to manage
travel on BLM-managed lands. As required in the 2001 Travel Plan, the
BLM and the U.S. Forest Service embarked on a planning process to
develop a more definitive and comprehensive system of routes across
Federal lands in the Gunnison Basin. The two agencies jointly published
a Notice of Intent to Prepare an Environmental Impact Statement (EIS)
in the Federal Register at 72 FR 24267 (May 2, 2007). They subsequently
published the Gunnison Basin Federal Lands Travel Management Plan EIS
(CO-160-2008-025-EIS). Following analysis of the public comments, the
BLM issued a decision record on June 28, 2010. The 2010 TMP replaces
the 1980 Transportation Plan and the 2001 Interim Travel Plan. These
final supplementary rules enable the BLM to implement several key
decisions contained in the 2010 TMP to protect natural resources and
provide for public health and safety. No other existing rules are
affected by these final supplementary rules. The proposed supplementary
rules were published in the Federal Register at 78 FR 26804 on May 8,
2013, and the public comment period ended July 8, 2013. The final
supplementary rules are consistent with the Decision Record for the
TMP, which was approved on June 28, 2010.
These final supplementary rules apply to public lands administered
by the BLM Gunnison Field Office. The 2010 TMP area consists of
approximately 585,012 acres of public lands within Gunnison, Montrose,
Hinsdale, and Saguache counties, Colorado, in the following described
townships:
Sixth Principal Meridian
Tps. 11 S., Rs. 83 and 84 W., unsurveyed.
Tps. 11 S., Rs. 86 and 87 W., partly unsurveyed.
Tps. 12 S., Rs. 82 to 87 W., partly unsurveyed.
Tps. 13 S., Rs. 80 to 87 W., partly unsurveyed.
Tps. 14 S., Rs. 80 to 88 W., partly unsurveyed.
Tps. 15 S., Rs. 81 to 88 W., partly unsurveyed.
New Mexico Principal Meridian
Tps. 43 N., Rs. 1 and 2 E., partly unsurveyed.
Tps. 44 N., Rs. 1, 2, and 3 E., partly unsurveyed.
Tps. 45 N., Rs. 1, 2, and 3 E., partly unsurveyed.
Tps. 46 N., Rs. 1 to 4 E., partly unsurveyed.
Tps. 47 N., Rs. 1 to 7 E., partly unsurveyed.
Tps. 48 N., Rs. 1 to 7 E.
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Tps. 49 N., Rs. 1 to 6 E.
Tps. 50 N., Rs. 1 to 6 E.
Tps. 51 N., Rs. 1 to 5 E.
Tps. 41 N., Rs. 5 and 6 W., unsurveyed.
Tps. 42 N., Rs. 3 to 6 W., partly unsurveyed.
Tps. 43 N., Rs. 1 to 7 W., partly unsurveyed.
Tps. 44 N., Rs. 1 to 6 W., partly unsurveyed.
Tps. 45 N., Rs. 1 to 6 W., partly unsurveyed.
Tps. 46 N., Rs. 1 to 6 W., partly unsurveyed.
Tps. 47 N., Rs. 1 to 6 W.
Tps. 48 N., Rs. 1 to 6 W.
Tps. 49 N., Rs. 1 to 6 W.
Tps. 50 N., Rs. 1 to 4 W.
Tps. 51 N., Rs. 1 to 4 W.
II. Discussion of Public Comments and Final Supplementary Rules
The BLM received comments from five parties. Upon review of the
comments, the BLM made one minor change to the definition of the term
``existing travel routes,'' discussed below.
Two parties disagreed with the 2010 TMP decision and asked to keep
more routes open to motorized and mechanized uses. Changing the 2010
TMP decision would be a separate action that would require additional
site-specific environmental analysis and is outside the scope of these
final supplemental rules.
Two parties expressed concern over possibly losing right-of-way
(ROW) access across BLM-administered lands. The Decision Record for the
2010 TMP addressed ROW access. Supplementary rules do not affect access
routes to maintain transmission lines or access private property
because those roads and routes are (or will be as the ROWs are amended
and/or renewed), covered under the appropriate BLM ROWs.
Another party suggested that the terms of the supplementary rules
be consistent with TMP language. The party expressed concern that terms
such as ``designated travel routes'' and ``existing travel routes''
could cause confusion, were too vague, or might lead to resource
degradation when interpreting the exceptions allowed for travel off of
designated roads. The proposed supplementary rule defined designated
travel routes as roads and trails open to specified modes of travel and
identified on a map of designated roads and trails that is maintained
and available for public inspection at the BLM Gunnison Field Office.
The commenter also asked the BLM to clarify that the 30-foot exception
only applies when there is no existing route available. The commenter
further suggested that additional restrictions regarding parallel
travel routes and resource damage be added to the 30-foot exception. As
the rule states, the exception for motorized travel off of designated
roads is clearly for the purpose of parking or camping. In addition,
the BLM has an existing rule (43 CFR 8341.1(f)(4)) that prohibits
resource damage that would apply if parking is causing resource damage
or if off-road travel is creating a parallel travel route. Such a
restatement of the existing rules is not necessary and would be
contrary to the BLM policy regarding the purpose of supplementary rules
(WO IM-2013-161).
The same commenter was also concerned that people may travel
further than 300 feet from a designated road on an existing route to
camp or park. This commenter encouraged the BLM to sign, mark, and
monitor existing dispersed campsites and to close routes that are more
than 300 feet long or creating resource damage. It is the
responsibility of public land users to know and follow the rules. As
discussed in the 2010 TMP Decision Notice, the BLM will continue to
conduct such monitoring and implementation as available funding, staff,
materials, equipment, and volunteer resources allow. It would be
impractical, as well as visually intrusive, for the BLM to mark this
distance on each possible route off of designated roads.
The commenter was also concerned that the definition of ``existing
travel route'' is too vague and could allow motorized use on the track
left by front tires (followed by the rear tires) on game trails, cow
paths, footpaths, single-track trails, and All-Terrain Vehicle trails.
The commenter also suggested that the definition include a reference to
a point in time, e.g., when the decision was made. The BLM established
and defined designated route travel in 2001 through the Gunnison
Interim Travel Restrictions Decision (Decision Notice, April 2001),
which restricted motorized and mechanized use (wheeled vehicles used
for human transport) to established routes. Established routes are
roads and trails recognized by the agencies as existing on the ground
as of January 12, 2001, and receiving enough use to remain recognizable
as a route. That restriction remains in place and is part of the
existing condition. The definition of ``existing travel routes'' has
been clarified in the final supplementary rule as requested.
Another commenter suggested changing the definition of camping to
make a distinction between ``camping from a vehicle'' and ``camping
from a pack.'' The definition of camping as used in the supplementary
rules is for the purpose of describing an exception for motorized
travel off of designated roads. For purposes of the supplementary
rules, there is no need to differentiate backcountry camping from
vehicle camping. The commenter was also concerned about subsequent on-
the-ground actions the BLM may take to implement route closures that
may prevent pedestrian use of closed routes. This is not within the
scope of these supplementary rules as the rules only address motorized
and mechanized travel.
III. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
These final 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. These final supplementary rules
would not have an effect of $100 million or more on the economy. These
final supplementary rules would 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.
These final supplementary rules would not create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency. These final supplementary rules do not materially alter
the budgetary effects of entitlements, grants, user fees or loan
programs, or the rights or obligations of their recipients; nor do they
raise novel legal or policy issues. These final supplementary rules
would not affect legal commercial activity, but merely impose
limitations on certain recreational activities on certain public lands
to protect natural resources and human health and safety.
National Environmental Policy Act
These final supplementary rules implement key decisions in the 2010
TMP. During the National Environmental Policy Act (NEPA) review for the
2010 TMP, the BLM fully analyzed the substance of these final
supplementary rules in an EIS (CO-160-2008-025-EIS). The BLM signed the
Decision Record for the EIS on June 28, 2010. The 2010 TMP EIS and
Decision Record and a subsequent Determination of NEPA Adequacy are on
file in the BLM Gunnison Field Office at the address specified in the
ADDRESSES section. The BLM finds that the EIS associated with the 2010
TMP is adequate for these supplementary rules.
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act of 1980 (RFA), as
amended, 5 U.S.C. 601-612, to ensure that government regulations do not
[[Page 3620]]
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. These final supplementary rules
would have no effect on business entities of any size. These final
supplementary rules would merely impose reasonable restrictions on
certain recreational activities on certain public lands to protect
natural resources and the environment and human health and safety.
Therefore, the BLM has determined under the RFA that these final
supplementary rules would not have a significant economic impact on a
substantial number of small entities.
Small Business Regulatory Enforcement Fairness Act
These final supplementary rules are not a ``major rule'' as defined
at 5 U.S.C. 804(2). These final supplementary rules would merely impose
reasonable restrictions on certain recreational activities on certain
public lands to protect natural resources and the environment and human
health and safety. These final supplementary rules would not:
(1) Have an annual effect on the economy of $100 million or more;
(2) Cause a major increase in costs or prices for consumers,
individual industries, Federal, State, or local agencies, or geographic
regions; or
(3) Have significant adverse effects on competition, employment,
investment, productivity, innovation, or on the ability of United
States-based enterprises to compete with foreign-based enterprises in
domestic and export markets.
Unfunded Mandates Reform Act
These final supplementary rules would not impose an unfunded
mandate on State, local, or tribal governments or the private sector of
more than $100 million per year; nor would these final supplementary
rules have a significant or unique effect on State, local, or tribal
governments or the private sector. The final supplementary rules would
merely impose reasonable restrictions on certain recreational
activities on certain public lands to protect natural resources and the
environment and human health and safety. Therefore, the 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)
These final supplementary rules do not constitute a government
action capable of interfering with constitutionally-protected property
rights. The final supplementary rules would not address property rights
in any form and would not cause the impairment of constitutionally-
protected property rights. Therefore, the BLM has determined that these
final 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 final supplementary rules 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, 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 Colorado State Director has
determined that these final 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.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, the BLM has found that
these final rules do not include policies that have tribal implications
and would 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.
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. 106-554).
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
These final supplementary rules do not comprise a significant
energy action. These final supplementary rules would not have an
adverse effect on energy supply, production, or consumption and have no
connection with energy policy.
Executive Order 13352, Facilitation of Cooperative Conservation
In accordance with Executive Order 13352, the BLM has determined
that the final supplementary rules would not impede facilitating
cooperative conservation; would take appropriate account of and
consider the interests of persons with ownership or other legally
recognized interests in land or other natural resources; would properly
accommodate local participation in the Federal decision-making process;
and would provide that the programs, projects and activities are
consistent with protecting public health and safety.
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 of 1995, 44 U.S.C. 3501-3521.
Author
The principal author of these final supplementary rules is Kristi
Murphy, Outdoor Recreation Planner, BLM, Gunnison Field Office.
IV. Final Supplementary Rules
For the reasons stated in the Preamble, and under the authority of
43 U.S.C. 315a, 1733(a), and 1740, and 43 CFR 8365.1-6, the State
Director establishes supplementary rules for public lands within the
Gunnison Field Office, Colorado, to read as follows:
Supplementary Rules for the Gunnison Basin Travel Management Plan
Definitions
Camping means erecting a tent or a shelter of natural or synthetic
materials; preparing a sleeping bag or other bedding material for use;
or parking a motor vehicle, motor home, or trailer for the purpose or
apparent purpose of overnight occupancy.
Designated travel routes means roads and trails open to specified
modes of travel and identified on a map of designated roads and trails
that is maintained and available for public inspection at the BLM
Gunnison Field Office, Colorado. Designated roads and
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trails are open to public use in accordance with such limits and
restrictions as are, or may be, specified in the resource management
plan (RMP) or TMP, or in future decisions implementing the RMP. This
definition excludes any road or trail with BLM-authorized restrictions
that prevent use of the road or trail. Restrictions may include signs
or physical barriers such as gates, fences, posts, branches, or rocks.
Existing travel routes means immediately-recognizable motor vehicle
travel routes or two-track trails that are not identified as closed to
motorized vehicle use by a BLM sign or map and are recognized by the
BLM as existing on the ground as of January 12, 2001.
Public land means any land or interest in land owned by the United
States and administered by the Secretary of the Interior through the
BLM without regard to how the United States acquired ownership.
Mechanized vehicle means a human-powered mechanical device, such as
a bicycle, not powered by a motor.
Motorized vehicle means a vehicle that is propelled by a motor or
engine, such as a car, truck, off-highway vehicle, motorcycle, or
snowmobile.
Prohibited Acts
1. Except as provided by Rule 2 below, you must not operate or
possess a motorized or mechanized vehicle in an area designated as
closed to such use by a BLM sign or map.
2. You must not operate or possess a mechanized or motorized
vehicle except in areas designated or routes identified for such use by
a BLM sign or map, unless:
You are using a mechanized game cart for the purpose of
retrieving a large game animal with a valid carcass tag outside of
Congressionally-designated wilderness areas or wilderness study areas;
or
You are using a motorized vehicle for the purpose of
parking or camping within 30 feet of the edge of a designated travel
route or on existing travel routes within 300 feet of a designated
travel route.
3. You must not operate or possess a motorized vehicle from March
15 to May 15 in specific areas of identified priority sage-grouse
habitat as designated by a BLM sign or map.
Exceptions
These supplementary rules do not apply to emergency, law
enforcement, and Federal or other government vehicles while being used
for official or other emergency purposes, or to any other vehicle use
that is expressly authorized or otherwise officially approved by the
BLM.
Penalties
Under Section 303(a) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1733(a)) and 43 CFR 8360.0-7, any person who
violates any of these supplementary rules may be tried before a United
States Magistrate and fined no more than $1,000 or imprisoned for no
more than 12 months, or both. Such violations may also be subject to
the enhanced fines provided for by 18 U.S.C. 3571.
Ruth Welch,
BLM Colorado State Director.
[FR Doc. 2015-01220 Filed 1-22-15; 8:45 am]
BILLING CODE 4310-JB-P
