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, 6999-7002 [E8-2137]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management
• Land Management Bureau

[Federal Register Volume 73, Number 25 (Wednesday, February 6, 2008)]
[Notices]
[Pages 6999-7002]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-2137]


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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.

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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:

[[Page 7000]]

    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">//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 https://www.co_proposed_
rule@blm.gov">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 https://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

[[Page 7001]]

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

[[Page 7002]]

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