Notice of Proposed Supplementary Rules for Public Lands in Routt County, CO: Emerald Mountain Special Recreation Management Area, 51107-51110 [2010-20346]
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Department found no evidence to
support such claims. The evidence
contemporary to their lives identified
them as non-Indians. Nor does the
recent decision of the Tennessee
Commission on Indian Affairs to grant
state recognition to the CBC provide
evidence of Indian descent acceptable to
the Secretary.
At best, the group’s descent reports
include unsubstantiated claims that an
individual in the family tree was
supposed to be an Indian, but does not
provide any more than vague family
traditions and hearsay. OFA could
locate no evidence to corroborate any of
their claims. There is no evidence that
these men and women from divergent
origins were part of the historical
Cherokee tribe in North Carolina,
descended from it, or came together in
a single location before migrating to
Tennessee. There is no evidence that the
wives, some of whose maiden names are
not known, were Cherokee or other
Indians; in their own life-times, they
were identified as White. None of the
petitioner’s ancestral families were
identified as Indians on any of the
Federal censuses of Lawrence County or
elsewhere. Not a single one of the
known ancestors was on a historical list
of Cherokee Indians, nor could they be
connected to the historical Cherokee
tribe in North Carolina or elsewhere.
The evidence submitted by the
petitioner and the evidence located by
the Department in the verification
process identifies the petitioner’s
ancestors as non-Indian settlers living as
part of the general population. The
evidence clearly does not identify the
petitioner’s ancestors as members of the
historical Cherokee Indian tribe or as
descendants of the Cherokee Indian
tribe or any other Indian tribe.
There is no evidence that the group
known since 2007 as the ‘‘Central Band
of Cherokee,’’ existed by any name prior
to its emergence in 2000. The evidence
in the record, which includes the
petitioner’s submissions and OFA’s
research, shows that Petitioner #227 is
a recently formed group of individuals
who claim to have Indian ancestry, but
who have not documented those claims.
The regulations provide that the
Department may not acknowledge
associations, organizations,
corporations, or groups of any character
formed in recent times. The petitioner
did not submit evidence acceptable to
the Secretary, and OFA was not able to
find any documents, to validate any of
the claims or traditions that the
individuals were Indians or Indian
descendants. Rather the evidence about
the petitioner’s ancestors consistently
identified them as non-Indians living
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among the general population. Neither
the petitioner nor OFA could document
a genealogical link between the
petitioner’s ancestors and the historical
tribe of Cherokee. The evidence in the
record clearly establishes that the
petitioner does not meet criterion
83.7(e), descent from a historical tribe,
Cherokee or otherwise.
The Department proposes to decline
to acknowledge Petitioner #227 as an
Indian tribe because the evidence
clearly establishes that the members of
the group do not descend from a
historical Indian tribe as required under
mandatory criterion 83.7(e). The AS–IA
concludes that the CBC clearly does not
meet criterion 83.7(e), which satisfies
the requirement for issuing a PF under
83.10(e). If, in the response to the PF,
the petitioner provides sufficient
evidence that it meets criterion 83.7(e)
under the reasonable likelihood
standard, the Department will undertake
a review of the petition under all seven
mandatory criteria. If, in the response to
the PF, the petitioner does not provide
sufficient evidence that it meets
criterion 83.7(e) under the reasonable
likelihood standard, the AS–IA will
issue the final determination based
upon criterion 83.7(e) only.
Publication of the Assistant
Secretary’s PF in the Federal Register
initiates a 180-day comment period
during which the petitioner and
interested and informed parties may
submit arguments and evidence to
support or rebut the conclusions in the
PF (25 CFR 83.10(i)). Comments should
be submitted in writing to the address
listed in the ADDRESSES section of this
notice. Interested or informed parties
must provide copies of their
submissions to the petitioner. The
regulations at 25 CFR 83.10(k) provide
petitioner with a minimum of 60 days
to respond to any submissions on the PF
received from interested and informed
parties during the comment period.
At the end of the periods for comment
and response on a PF, the AS–IA will
consult with the petitioner and
interested parties to determine an
equitable timeframe for consideration of
written arguments and evidence. The
Department will notify the petitioner
and interested parties of the date such
consideration begins. After
consideration of the written arguments
and evidence rebutting or supporting
the PF and the petitioner’s response to
the comments of interested parties and
informed parties, the AS–IA will make
a final determination regarding the
petitioner’s status. The Department will
publish a summary of this
determination in the Federal Register.
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Dated: August 6, 2010.
Larry Echo Hawk,
Assistant Secretary–Indian Affairs.
[FR Doc. 2010–20387 Filed 8–17–10; 8:45 am]
BILLING CODE 4310–G1–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCON01000 L12200000.PN0000]
Notice of Proposed Supplementary
Rules for Public Lands in Routt
County, CO: Emerald Mountain Special
Recreation Management Area
Bureau of Land Management,
Interior.
ACTION: Notice of Proposed
Supplementary Rules.
AGENCY:
The Bureau of Land
Management (BLM) Little Snake Field
Office is proposing supplementary rules
to regulate conduct on specific public
lands within Routt County, Colorado.
The rules apply to the Emerald
Mountain Special Recreation
Management Area (SRMA), also known
as Emerald Mountain. The BLM has
determined these rules are necessary to
protect Emerald Mountain’s natural
resources and to provide for public
health and safe public recreation.
DATES: You should submit your
comments by September 17, 2010.
Comments postmarked or received in
person after this date may not be
considered in the development of the
final supplementary rules.
ADDRESSES: You may submit comments
by the following methods: Mail or handdelivery: Bureau of Land Management,
Little Snake Field Office, 455 Emerson
Street, Craig, Colorado 81625.
FOR FURTHER INFORMATION CONTACT:
David Blackstun, Bureau of Land
Management, 455 Emerson Street, Craig,
Colorado 81625, (970) 826–5000.
Persons who use a telecommunications
device for the deaf (TDD) may contact
this individual by calling the Federal
Information Relay Service at (800) 877–
8339, 24 hours a day, seven days a
week.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Public Comment Procedures
II. Background
III. Procedural Matters
I. Public Comment Procedures
You may mail or hand-deliver
comments to David Blackstun, Bureau
of Land Management, Little Snake Field
Office, 455 Emerson Street, Craig,
Colorado 81625. Written comments on
the proposed supplementary rules
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should be specific, be confined to issues
pertinent to the proposed
supplementary rules, and explain the
reason for any recommended change.
Where possible, comments should
reference the specific section or
paragraph of the proposal which the
comment is addressing. The BLM is not
obligated to consider or include in the
Administrative Record for the
supplementary rules comments that the
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 the
address listed above (See ADDRESSES).
Comments, including names, street
addresses, and other contact
information of respondents, will be
available for public review at the Little
Snake Field Office address listed in
ADDRESSES during regular business
hours (7:45 a.m. to 3:45 p.m., Monday
through Friday), except Federal
holidays. Before including your address,
phone number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your 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.
II. Background
Emerald Mountain is a 4,139 acre
parcel of public land in Routt County,
Colorado surrounded by private and
state land. Cow Creek Road (Routt
County Road 45) provides legal public
access to Emerald Mountain. These
supplementary rules would apply to
Emerald Mountain SRMA, identified as
follows:
Routt County, Colorado
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Sixth Principal Meridian
T. 6 N., R. 85 W.,
Secs. 13, 15, 22, 23, 24, 25, 26, 27, 34, 35,
and portions thereof.
A map of the area is available at the
Little Snake Field Office.
Prior to the BLM’s ownership on
February 22, 2007, the parcel was
owned by the Colorado State Land
Board and closed to the general public
with the exception of permitted
agriculture and hunting. These rules are
needed for the protection of the SRMA’s
recreational and educational
opportunities, wildlife resources,
historical agricultural use, and to
provide for the health and safety of the
public and neighboring residents.
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Emerald Mountain is managed as two
adjoining SRMAs or Zones. Zone 1 is
managed under a destination recreationtourism market strategy. The strategy
targets Steamboat Springs area visitors,
including local residents, wanting to
participate in strenuous and challenging
mountain biking and Nordic skiing on
primitive trails that are close to town.
Zone 2 is managed under a community
recreation market strategy, primarily for
Steamboat Springs area residents to
engage in wildlife viewing, hiking, and
horseback riding in a backcountry
setting. Both zones are open to hunting.
Other recreation activities are allowable
to the extent they are compatible with
the primary targeted activities. Both
areas are closed to recreational
motorized use.
These proposed supplementary rules
implement the management decisions
made in the Emerald Mountain Land
Exchange Environmental Assessment/
Plan Amendment approved October
2006; the Recreation Activity
Management Plan and Transportation
Management Plan (RAMP/TMP Phase 1)
approved June 2007; and the Emerald
Mountain SRMA Implementation Plan
Amendment approved December 2008,
which further defines the proposed
supplementary rules. These documents
are available for review at the Little
Snake Field Office. The Emerald
Mountain SRMA Implementation Plan
Amendment included considerable
public involvement and review,
including six public meetings held at
three separate locations.
Meetings were announced on the
BLM Web site at: https://
www.co.blm.gov/lsra/emerald_mtn/
em.html. The BLM also sent 74 meeting
notices to various groups, organizations,
and individuals to solicit public
participation and comments. The
Emerald Mountain Land Exchange
Environmental Assessment/Plan
Amendment and the RAMP/TMP Phase
1 also received public participation and
comments for the management of
Emerald Mountain.
The authority for these supplementary
rules is set forth at Sections 303 and 310
of the Federal Land Policy and
Management Act, 43 U.S.C. 1733 and
1740, and 43 CFR 8365.1–6. These
proposed supplementary rules would
govern hunting, camping, mechanized
transport, motorized vehicle travel,
possession of glass containers, and fire
maintenance at the Emerald Mountain
SRMA.
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III. Procedural Matters
Executive Order 12866, Regulatory
Planning and Review
These supplementary rules are not a
significant regulatory action and are not
subject to review by Office of
Management and Budget under
Executive Order 12866. These
supplementary rules will not have an
annual effect of $100 million or more on
the economy. 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. These supplementary
rules would not create a serious
inconsistency or otherwise interfere
with an action taken or planned by
another agency. These supplementary
rules would 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 rules would merely establish
rules of conduct for public use of a
limited area of public lands in order to
protect natural resources and public
health and safety.
Clarity of the Supplementary Rules
Executive Order 12866 requires each
agency to write regulations that are
simple and easy to understand. The
BLM invites your comments on how to
make these supplementary rules easier
to understand, including answers to
questions such as the following:
(1) Are the requirements in the
supplementary rules clearly stated?
(2) Do the supplementary rules
contain technical language or jargon that
interferes with their clarity?
(3) Does the format of the
supplementary rules (grouping and
order or sections, use of headings,
paragraphing, etc.) aid or reduce their
clarity?
(4) Would the supplementary rules be
easier to understand if they were
divided into more (but shorter) sections?
(5) Is the description of the
supplementary rules in the
SUPPLEMENTARY INFORMATION section of
this preamble helpful to your
understanding of the supplementary
rules? How could this description be
more helpful in making the
supplementary rules easier to
understand?
Please send any comments you have
on the clarity of the supplementary
rules to the address specified in the
ADDRESSES section.
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National Environmental Policy Act of
1969 (NEPA)
The BLM prepared two environmental
assessments (EA CO–100–2006–089 and
EA CO–100–2007–057) and has
determined that these supplementary
rules would not constitute a major
Federal action significantly affecting the
quality of the human environment
under Section 102(2)(C) of NEPA, 42
U.S.C. 4332(2)(C). The supplementary
rules would merely establish rules of
conduct for public use of a limited area
of public lands in order to protect
natural resources and the health and
safety of the public. Although the area
would be open to recreational uses,
such as permitted hunting, camping
would be prohibited for consistency
with the management objectives
identified through the scoping process
for the Emerald Mountain Land
Exchange EA/Plan Amendment and
preferred Alternative 2—Modified Use.
The BLM has placed both EAs and
Findings of No Significant Impact on
file in the BLM Administrative Record
at the address specified in the
ADDRESSES section. These EAs
constitute the BLM’s compliance with
the requirements of NEPA.
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
unnecessarily or proportionately 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 rules would establish
rules of conduct for public use of a
limited area of public lands. Therefore,
the BLM has determined under the RFA
that these rules would not have a
significant economic impact on a
substantial number of small entities.
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Small Business Regulatory Enforcement
Fairness Act
These supplementary rules are not a
‘‘major rule’’ as defined at 5 U.S.C.
804(2). These rules establish rules of
conduct for public use of a limited area
of public lands and do not affect
commercial or business activities of any
kind. These rules would not result in an
annual effect on the economy of $100
million or more, in a major increase in
costs or prices, or in 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
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export markets. They would impose
restrictions on certain recreational
activities on certain public lands to
protect natural resources, the
environment, human health, and safety.
Unfunded Mandates Reform Act
These supplementary rules would not
impose an unfunded mandate on state,
local, or tribal governments, in the
aggregate, or the private sector, of more
than $100 million per year; nor would
these supplementary rules have a
significant or unique effect on state,
local, or tribal governments, or the
private sector. The supplementary rules
would have no effect on state, local, or
tribal governments and do not impose
any requirements on any of these
entities. 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)
The supplementary rules would not
represent a government action capable
of interfering with constitutionally
protected property rights. The
supplementary rules would not address
property rights in any form, and do not
cause the impairment of one’s property
rights. Therefore, the BLM 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 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. The shooting
restrictions in the supplementary rules
do not apply to hunting with a state
hunting license. Therefore, in
accordance with Executive Order 13132,
the BLM has determined that the
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
Colorado State Office of the BLM has
determined that these supplementary
rules would not unduly burden the
judicial system and the requirements of
sections 3(a) and 3(b)(2) of the Order.
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51109
Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
In accordance with Executive Order
13175, the BLM initiated consultation
with the following Native American
tribes regarding the proposed Emerald
Mountain Land Exchange project in
September 2004: Southern Ute Tribe,
Ute Mountain Ute Tribal Council,
Colorado Commission of Indian Affairs,
and the Uintah and Ouray Tribal
Council. The tribes did not identify any
concerns regarding traditional or
religious cultural properties in the
Emerald Mountain Special Recreation
Management Area. These
supplementary rules would not affect
Indian land, resources, or religious
rights.
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 rules would not have a
significant adverse effect on energy
supplies, production, or consumption.
Paperwork Reduction Act
These supplementary rules would 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.
Author
The principal author of these
proposed supplementary rules is David
E. Blackstun, Acting Field Manager,
Little Snake Field Office, Bureau of
Land Management.
For the reasons stated in the
Preamble, and under the authority of the
Federal Land Policy and Management
Act (FLPMA), 43 U.S.C. 1733 and 1740,
and 43 CFR 8365.1–6, the Colorado
State Director, Bureau of Land
Management, proposes the following
supplementary rules for public lands
within the Emerald Mountain Special
Recreation Management Area:
Supplementary Rules for the Emerald
Mountain Special Recreation
Management Area
Definitions
Camping means the erecting of a tent
or shelter of natural or synthetic
material, preparing a sleeping bag or
other bedding material for use, parking
a motor vehicle, motor home or trailer,
or mooring of a vessel for the apparent
purpose of overnight occupancy.
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Designated Trail means a trail
developed, maintained, and explicitly
identified for public use by the BLM.
All designated trails will be identified
by a combination of trailhead maps and
on-site signage listing allowable uses.
Mechanized Transport means any
vehicle, device, or contrivance for
moving people or material in or over
land, water, snow, or air that has
moving parts, including, but not limited
to, bicycles, game carriers, carts, and
wagons. The term does not include
wheelchairs, horses or other pack stock,
skis, or snowshoes.
Motorized Vehicle means any selfpropelled device in, upon, or by which
any person or property is or may be
propelled, moved, or drawn, including,
but not limited to, cars, trucks, vans,
motorcycles, all-terrain vehicles, motordriven cycles, motorized scooters,
motorized skateboards, and
snowmobiles. ‘‘Motorized vehicle’’ does
not include a self-propelled wheelchair,
invalid tricycle, or motorized
quadricycle when operated by a person
who, by reason of physical disability, is
otherwise unable to move about as a
pedestrian.
Firearm or Other Projectile Shooting
Device means all firearms, air rifles,
pellet and BB guns, spring guns, bows
and arrows, slings, paint ball markers,
other instruments that can propel a
projectile (such as a bullet, dart, or
pellet by combustion, air pressure, gas
pressure, or other means), or any
instrument that can be loaded with and
fire blank cartridges.
Unless otherwise authorized by the
Field Manager, the following rules
apply within the Emerald Mountain
SRMA boundary:
1. Camping and overnight use is
prohibited. The area is closed between
sunset and sunrise, except for lawful
hunting licensed periods and for
retrieval of legally taken game. Hunters
are not allowed to camp overnight.
2. No mechanized transport activities
are allowed within Zone 2, including
game carts.
3. No person or persons shall
discharge a firearm or other projectile
shooting device of any kind, including
those used for target shooting or
paintball, except licensed hunters in
pursuit of game during the proper
season with appropriate firearms, as
defined by the Colorado Division of
Wildlife (CDOW), Section 33–1–102,
C.R.S. Article IV #004: Manner of
Taking Wildlife.
4. Zone 2 and trails south of Ridge
Trail in Zone 1 are closed to the public
from December 1 to June 30 to protect
wintering and calving elk.
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5. Non-working dogs must be on a sixfoot or less hand-held leash at all times.
Working dogs are allowed off-leash only
during legal hunting periods when
controlled by someone legally hunting,
or when working as cattle dogs.
6. Fires are not allowed except at the
trailheads in a mechanical stove or other
appliance fueled by gas and equipped
with a valve that allows the operator to
turn the flame on and off.
7. Possession of glass containers is
prohibited.
8. The entire area is designated closed
to motorized vehicle travel, with the
exception of Cow Creek Road (Routt
County Road 45). The closure excludes:
• Any military, fire, emergency, or
law enforcement vehicle being used for
emergency purposes; and
• Any vehicle whose use is expressly
authorized by the authorized officer, or
otherwise officially approved (e.g.,
grazing permittee, CDOW, Routt County
personnel).
Official use means use by an
employee, agent, or designated
representative of the Federal
government or one of its contractors, in
the course of his employment, agency,
or representation.
Exemptions
The following persons are exempt
from these supplementary rules: any
Federal, state, local, and/or military
employee acting within the scope of
their duties; members of any organized
rescue or fire-fighting force performing
an official duty; and persons, agencies,
municipalities, or companies holding an
existing special-use permit inside the
SRMA and operating within the scope
of their permit.
Penalties
Under Section 303(a) of FLPMA, 43
U.S.C. 1733(a), if you violate any of
these supplementary rules on public
lands within the boundaries established
in the rules, you 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.
Helen M. Hankins,
State Director.
[FR Doc. 2010–20346 Filed 8–17–10; 8:45 am]
BILLING CODE 4310–JB–P
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[SDM 100347]
Notice of Proposed Withdrawal and
Opportunity for Public Meeting; South
Dakota
Bureau of Land Management,
Interior.
ACTION: Notice.
AGENCY:
The United States Department
of Agriculture (USDA), Forest Service,
has filed an application with the Bureau
of Land Management (BLM) requesting
that the Secretary of the Interior
withdraw 2,387.22 acres of National
Forest System land from mining in
order to protect the unique cave
resources in the area adjacent to Jewel
Cave National Monument. The land has
been and will remain open to such other
forms of disposition as may by law be
made of National Forest System land
and to mineral leasing. This notice also
gives the public an opportunity to
comment on the proposed action and to
request a public meeting.
DATES: Comments and requests for a
public meeting must be received by
November 16, 2010.
ADDRESSES: Comments and meeting
requests should be sent to the Forest
Supervisor’s Office, Black Hills National
Forest, 1019 North 5th Street, Custer,
South Dakota 57730, or the Montana
State Director (MT–924), BLM, 5001
Southgate Drive, Billings, Montana
59101–4669.
FOR FURTHER INFORMATION CONTACT:
Valerie Hunt, U.S. Forest Service, Rocky
Mountain Region, 740 Simms Street,
Golden, Colorado 80401, 303–275–5071,
or Sandra Ward, BLM Montana State
Office, 5001 Southgate Drive, Billings,
Montana 59101–4669, 406–896–5052.
SUPPLEMENTARY INFORMATION: The USDA
Forest Service has filed an application
with the BLM, pursuant to Section 204
of the Federal Land Policy and
Management Act of 1976, 43 U.S.C.
1714, to withdraw the followingdescribed National Forest System land
within the Black Hills National Forest
for a period of 20 years from location or
entry under the United States’ mining
laws (30 U.S.C. Ch. 2), but not from
leasing under the mineral leasing laws,
subject to valid existing rights:
SUMMARY:
Black Hills National Forest
Black Hills Meridian
T. 3 S., R. 2 E.,
Sec. 34, S1⁄2S1⁄2.
T. 4 S., R. 2 E.,
Sec. 2, lot 4, SW1⁄4NW1⁄4, SW1⁄4 excluding
that portion of the NE1⁄4NE1⁄4SW1⁄4 east
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]]>Agencies
[Federal Register Volume 75, Number 159 (Wednesday, August 18, 2010)]
[Notices]
[Pages 51107-51110]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20346]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCON01000 L12200000.PN0000]
Notice of Proposed Supplementary Rules for Public Lands in Routt
County, CO: Emerald Mountain Special Recreation Management Area
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of Proposed Supplementary Rules.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) Little Snake Field Office
is proposing supplementary rules to regulate conduct on specific public
lands within Routt County, Colorado. The rules apply to the Emerald
Mountain Special Recreation Management Area (SRMA), also known as
Emerald Mountain. The BLM has determined these rules are necessary to
protect Emerald Mountain's natural resources and to provide for public
health and safe public recreation.
DATES: You should submit your comments by September 17, 2010. Comments
postmarked or received in person after this date may not be considered
in the development of the final supplementary rules.
ADDRESSES: You may submit comments by the following methods: Mail or
hand-delivery: Bureau of Land Management, Little Snake Field Office,
455 Emerson Street, Craig, Colorado 81625.
FOR FURTHER INFORMATION CONTACT: David Blackstun, Bureau of Land
Management, 455 Emerson Street, Craig, Colorado 81625, (970) 826-5000.
Persons who use a telecommunications device for the deaf (TDD) may
contact this individual by calling the Federal Information Relay
Service at (800) 877-8339, 24 hours a day, seven days a week.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background
III. Procedural Matters
I. Public Comment Procedures
You may mail or hand-deliver comments to David Blackstun, Bureau of
Land Management, Little Snake Field Office, 455 Emerson Street, Craig,
Colorado 81625. Written comments on the proposed supplementary rules
[[Page 51108]]
should be specific, be confined to issues pertinent to the proposed
supplementary rules, and explain the reason for any recommended change.
Where possible, comments should reference the specific section or
paragraph of the proposal which the comment is addressing. The BLM is
not obligated to consider or include in the Administrative Record for
the supplementary rules comments that the 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 the address listed above (See ADDRESSES).
Comments, including names, street addresses, and other contact
information of respondents, will be available for public review at the
Little Snake Field Office address listed in ADDRESSES during regular
business hours (7:45 a.m. to 3:45 p.m., Monday through Friday), except
Federal holidays. Before including your address, phone number, e-mail
address, or other personal identifying information in your comment, you
should be aware that your 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.
II. Background
Emerald Mountain is a 4,139 acre parcel of public land in Routt
County, Colorado surrounded by private and state land. Cow Creek Road
(Routt County Road 45) provides legal public access to Emerald
Mountain. These supplementary rules would apply to Emerald Mountain
SRMA, identified as follows:
Routt County, Colorado
Sixth Principal Meridian
T. 6 N., R. 85 W.,
Secs. 13, 15, 22, 23, 24, 25, 26, 27, 34, 35, and portions
thereof.
A map of the area is available at the Little Snake Field Office.
Prior to the BLM's ownership on February 22, 2007, the parcel was
owned by the Colorado State Land Board and closed to the general public
with the exception of permitted agriculture and hunting. These rules
are needed for the protection of the SRMA's recreational and
educational opportunities, wildlife resources, historical agricultural
use, and to provide for the health and safety of the public and
neighboring residents.
Emerald Mountain is managed as two adjoining SRMAs or Zones. Zone 1
is managed under a destination recreation-tourism market strategy. The
strategy targets Steamboat Springs area visitors, including local
residents, wanting to participate in strenuous and challenging mountain
biking and Nordic skiing on primitive trails that are close to town.
Zone 2 is managed under a community recreation market strategy,
primarily for Steamboat Springs area residents to engage in wildlife
viewing, hiking, and horseback riding in a backcountry setting. Both
zones are open to hunting. Other recreation activities are allowable to
the extent they are compatible with the primary targeted activities.
Both areas are closed to recreational motorized use.
These proposed supplementary rules implement the management
decisions made in the Emerald Mountain Land Exchange Environmental
Assessment/Plan Amendment approved October 2006; the Recreation
Activity Management Plan and Transportation Management Plan (RAMP/TMP
Phase 1) approved June 2007; and the Emerald Mountain SRMA
Implementation Plan Amendment approved December 2008, which further
defines the proposed supplementary rules. These documents are available
for review at the Little Snake Field Office. The Emerald Mountain SRMA
Implementation Plan Amendment included considerable public involvement
and review, including six public meetings held at three separate
locations.
Meetings were announced on the BLM Web site at: https://www.co.blm.gov/lsra/emerald_mtn/em.html. The BLM also sent 74 meeting
notices to various groups, organizations, and individuals to solicit
public participation and comments. The Emerald Mountain Land Exchange
Environmental Assessment/Plan Amendment and the RAMP/TMP Phase 1 also
received public participation and comments for the management of
Emerald Mountain.
The authority for these supplementary rules is set forth at
Sections 303 and 310 of the Federal Land Policy and Management Act, 43
U.S.C. 1733 and 1740, and 43 CFR 8365.1-6. These proposed supplementary
rules would govern hunting, camping, mechanized transport, motorized
vehicle travel, possession of glass containers, and fire maintenance at
the Emerald Mountain SRMA.
III. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
These supplementary rules are not a significant regulatory action
and are not subject to review by Office of Management and Budget under
Executive Order 12866. These supplementary rules will not have an
annual effect of $100 million or more on the economy. 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. These supplementary rules
would not create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency. These supplementary rules
would 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
rules would merely establish rules of conduct for public use of a
limited area of public lands in order to protect natural resources and
public health and safety.
Clarity of the Supplementary Rules
Executive Order 12866 requires each agency to write regulations
that are simple and easy to understand. The BLM invites your comments
on how to make these supplementary rules easier to understand,
including answers to questions such as the following:
(1) Are the requirements in the supplementary rules clearly stated?
(2) Do the supplementary rules contain technical language or jargon
that interferes with their clarity?
(3) Does the format of the supplementary rules (grouping and order
or sections, use of headings, paragraphing, etc.) aid or reduce their
clarity?
(4) Would the supplementary rules be easier to understand if they
were divided into more (but shorter) sections?
(5) Is the description of the supplementary rules in the
SUPPLEMENTARY INFORMATION section of this preamble helpful to your
understanding of the supplementary rules? How could this description be
more helpful in making the supplementary rules easier to understand?
Please send any comments you have on the clarity of the
supplementary rules to the address specified in the ADDRESSES section.
[[Page 51109]]
National Environmental Policy Act of 1969 (NEPA)
The BLM prepared two environmental assessments (EA CO-100-2006-089
and EA CO-100-2007-057) and has determined that these supplementary
rules would not constitute a major Federal action significantly
affecting the quality of the human environment under Section 102(2)(C)
of NEPA, 42 U.S.C. 4332(2)(C). The supplementary rules would merely
establish rules of conduct for public use of a limited area of public
lands in order to protect natural resources and the health and safety
of the public. Although the area would be open to recreational uses,
such as permitted hunting, camping would be prohibited for consistency
with the management objectives identified through the scoping process
for the Emerald Mountain Land Exchange EA/Plan Amendment and preferred
Alternative 2--Modified Use. The BLM has placed both EAs and Findings
of No Significant Impact on file in the BLM Administrative Record at
the address specified in the ADDRESSES section. These EAs constitute
the BLM's compliance with the requirements of NEPA.
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
unnecessarily or proportionately 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 rules would establish rules
of conduct for public use of a limited area of public lands. Therefore,
the BLM has determined under the RFA that these rules would not have a
significant economic impact on a substantial number of small entities.
Small Business Regulatory Enforcement Fairness Act
These supplementary rules are not a ``major rule'' as defined at 5
U.S.C. 804(2). These rules establish rules of conduct for public use of
a limited area of public lands and do not affect commercial or business
activities of any kind. These rules would not result in an annual
effect on the economy of $100 million or more, in a major increase in
costs or prices, or in 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. They would impose
restrictions on certain recreational activities on certain public lands
to protect natural resources, the environment, human health, and
safety.
Unfunded Mandates Reform Act
These supplementary rules would not impose an unfunded mandate on
state, local, or tribal governments, in the aggregate, or the private
sector, of more than $100 million per year; nor would these
supplementary rules have a significant or unique effect on state,
local, or tribal governments, or the private sector. The supplementary
rules would have no effect on state, local, or tribal governments and
do not impose any requirements on any of these entities. 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)
The supplementary rules would not represent a government action
capable of interfering with constitutionally protected property rights.
The supplementary rules would not address property rights in any form,
and do not cause the impairment of one's property rights. Therefore,
the BLM 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 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. The shooting restrictions in the
supplementary rules do not apply to hunting with a state hunting
license. Therefore, in accordance with Executive Order 13132, the BLM
has determined that the 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 Colorado State Office of the BLM
has determined that these supplementary rules would not unduly burden
the judicial system and 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 initiated
consultation with the following Native American tribes regarding the
proposed Emerald Mountain Land Exchange project in September 2004:
Southern Ute Tribe, Ute Mountain Ute Tribal Council, Colorado
Commission of Indian Affairs, and the Uintah and Ouray Tribal Council.
The tribes did not identify any concerns regarding traditional or
religious cultural properties in the Emerald Mountain Special
Recreation Management Area. These supplementary rules would not affect
Indian land, resources, or religious rights.
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 rules would not have a significant adverse effect on
energy supplies, production, or consumption.
Paperwork Reduction Act
These supplementary rules would 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.
Author
The principal author of these proposed supplementary rules is David
E. Blackstun, Acting Field Manager, Little Snake Field Office, Bureau
of Land Management.
For the reasons stated in the Preamble, and under the authority of
the Federal Land Policy and Management Act (FLPMA), 43 U.S.C. 1733 and
1740, and 43 CFR 8365.1-6, the Colorado State Director, Bureau of Land
Management, proposes the following supplementary rules for public lands
within the Emerald Mountain Special Recreation Management Area:
Supplementary Rules for the Emerald Mountain Special Recreation
Management Area
Definitions
Camping means the erecting of a tent or shelter of natural or
synthetic material, preparing a sleeping bag or other bedding material
for use, parking a motor vehicle, motor home or trailer, or mooring of
a vessel for the apparent purpose of overnight occupancy.
[[Page 51110]]
Designated Trail means a trail developed, maintained, and
explicitly identified for public use by the BLM. All designated trails
will be identified by a combination of trailhead maps and on-site
signage listing allowable uses.
Mechanized Transport means any vehicle, device, or contrivance for
moving people or material in or over land, water, snow, or air that has
moving parts, including, but not limited to, bicycles, game carriers,
carts, and wagons. The term does not include wheelchairs, horses or
other pack stock, skis, or snowshoes.
Motorized Vehicle means any self-propelled device in, upon, or by
which any person or property is or may be propelled, moved, or drawn,
including, but not limited to, cars, trucks, vans, motorcycles, all-
terrain vehicles, motor-driven cycles, motorized scooters, motorized
skateboards, and snowmobiles. ``Motorized vehicle'' does not include a
self-propelled wheelchair, invalid tricycle, or motorized quadricycle
when operated by a person who, by reason of physical disability, is
otherwise unable to move about as a pedestrian.
Firearm or Other Projectile Shooting Device means all firearms, air
rifles, pellet and BB guns, spring guns, bows and arrows, slings, paint
ball markers, other instruments that can propel a projectile (such as a
bullet, dart, or pellet by combustion, air pressure, gas pressure, or
other means), or any instrument that can be loaded with and fire blank
cartridges.
Unless otherwise authorized by the Field Manager, the following
rules apply within the Emerald Mountain SRMA boundary:
1. Camping and overnight use is prohibited. The area is closed
between sunset and sunrise, except for lawful hunting licensed periods
and for retrieval of legally taken game. Hunters are not allowed to
camp overnight.
2. No mechanized transport activities are allowed within Zone 2,
including game carts.
3. No person or persons shall discharge a firearm or other
projectile shooting device of any kind, including those used for target
shooting or paintball, except licensed hunters in pursuit of game
during the proper season with appropriate firearms, as defined by the
Colorado Division of Wildlife (CDOW), Section 33-1-102, C.R.S. Article
IV 004: Manner of Taking Wildlife.
4. Zone 2 and trails south of Ridge Trail in Zone 1 are closed to
the public from December 1 to June 30 to protect wintering and calving
elk.
5. Non-working dogs must be on a six-foot or less hand-held leash
at all times. Working dogs are allowed off-leash only during legal
hunting periods when controlled by someone legally hunting, or when
working as cattle dogs.
6. Fires are not allowed except at the trailheads in a mechanical
stove or other appliance fueled by gas and equipped with a valve that
allows the operator to turn the flame on and off.
7. Possession of glass containers is prohibited.
8. The entire area is designated closed to motorized vehicle
travel, with the exception of Cow Creek Road (Routt County Road 45).
The closure excludes:
Any military, fire, emergency, or law enforcement vehicle
being used for emergency purposes; and
Any vehicle whose use is expressly authorized by the
authorized officer, or otherwise officially approved (e.g., grazing
permittee, CDOW, Routt County personnel).
Official use means use by an employee, agent, or designated
representative of the Federal government or one of its contractors, in
the course of his employment, agency, or representation.
Exemptions
The following persons are exempt from these supplementary rules:
any Federal, state, local, and/or military employee acting within the
scope of their duties; members of any organized rescue or fire-fighting
force performing an official duty; and persons, agencies,
municipalities, or companies holding an existing special-use permit
inside the SRMA and operating within the scope of their permit.
Penalties
Under Section 303(a) of FLPMA, 43 U.S.C. 1733(a), if you violate
any of these supplementary rules on public lands within the boundaries
established in the rules, you 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.
Helen M. Hankins,
State Director.
[FR Doc. 2010-20346 Filed 8-17-10; 8:45 am]
BILLING CODE 4310-JB-P
