Notice of Proposed Supplementary Rules for Public Lands in Colorado: Saguache, Alamosa, Rio Grande, Conejos, and Costilla Counties, 77655-77657 [2010-31204]

Agencies

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

[Federal Register Volume 75, Number 238 (Monday, December 13, 2010)]
[Notices]
[Pages 77655-77657]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31204]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCOS06000 L91310000.EI0000]


Notice of Proposed Supplementary Rules for Public Lands in 
Colorado: Saguache, Alamosa, Rio Grande, Conejos, and Costilla Counties

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed supplementary rules.

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SUMMARY: The Bureau of Land Management (BLM) Colorado is proposing 
supplementary rules for public land included in the San Luis Resource 
Area Travel Management Plan (TMP), approved on June 4, 2009. These 
supplementary rules would apply to the public lands within Saguache, 
Alamosa, Rio Grande, Conejos, and Costilla Counties, Colorado, within 
the TMP, and under the management of the San Luis Valley Public Lands 
Center. The proposed rules implement decisions found in the TMP 
relating to the use of the lands, conduct of visitors, health and 
safety of visitors, and protection of visitors and natural resources.

DATES: You should submit your comments by February 11, 2011. Comments 
postmarked or received in person or by electronic mail 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-deliver: Larry Velarde, Bureau of Land Management, San Luis Valley 
Public Lands Center, 1803 West Hwy 160, Monte Vista, Colorado, 81144.
    You may also submit comments via electronic mail to: rgfo_comments@blm.co.gov (include ``Attn: San Luis Resource Area Travel 
Management Plan'' in the subject line).

FOR FURTHER INFORMATION CONTACT: Larry Velarde, Natural Resource 
Specialist, Recreation, San Luis Valley Public Lands Center, 1803 West 
Hwy 160, Monte Vista, Colorado 81144, (719) 852-5941. Persons who use a 
telecommunications device for the deaf (TDD) may contact these 
individuals by calling the Federal Information Relay Service (FIRS) at 
(800) 877-8339, 24 hours a day, 7 days a week.

SUPPLEMENTARY INFORMATION:

I. Authority
II. Public Comment Procedures
III. Background
IV. Discussion of the Proposed Supplementary Rules
V. Procedural Matters

I. Authority

    43 U.S.C. 1740, 43 U.S.C. 315a, 43 CFR 8341.1, 8364.1, and 8365.1-
6.

II. Public Comment Procedures

    You may mail or hand-deliver comments to the Bureau of Land 
Management, San Luis Valley Public Lands Center, 1803 West Hwy 160, 
Monte Vista, Colorado 81144, or e-mail to rgfo_comments@blm.co.gov.
    Written comments on the proposed supplementary rule should be 
specific, confined to issues pertinent to the proposed supplementary 
rules, and explain the reason for any recommended change. Where 
possible, your comments should reference the specific section or 
paragraph of the proposal that you are addressing. The BLM is not 
obligated to consider or include in the Administrative Record for the 
final supplementary rule, 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 those listed above (see ADDRESSES).
    Comments, including names, street addresses, and other contact 
information of respondents, will be available for public review at the 
San Luis Valley Public Lands Center address listed in ADDRESSES during 
regular business hours (8 a.m. to 4 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 entire comment--including your personal 
identifying information--may be made publicly available at any time. 
While you can ask us in your comment to withhold your personal 
identifying information from public review, we cannot guarantee that we 
will be able to do so.

III. Background

    A ``Notice of Intent to Prepare the San Luis Resource Valley Travel 
Management Plan and Amend San Luis Valley Resource Management Plan and 
Start the Scoping Period'' was announced in the Federal Register on 
March 30, 2004 (69 FR 16599). The completion of the San Luis Resource 
Area TMP Environmental Assessment (EA) led to a 30-day public comment 
period, starting on June 3, 2008. Following analysis of the public 
comments, the BLM issued two decisions: An RMP amendment proposed 
decision record (May 14, 2009), and an implementation decision on the 
San Luis Resource Area TMP (June 4, 2009). The decision restricts off-
highway vehicle use to designated roads and trails in the TMP area and 
includes discussion of the proposed supplementary rules.

IV. Discussion of the Proposed Supplementary Rules

    These proposed supplementary rules apply to the public lands within 
the San Luis Resource Area TMP area. The TMP area consists of 520,945 
acres of public lands within Saguache, Alamosa, Rio Grande, Conejos, 
and Costilla Counties, Colorado, in the following described townships:

Colorado, New Mexico Principal Meridian

T. 45 N., R. 4 E. through T. 45 N., R. 11 E.;
T. 46 N., R. 4 E. through T. 46 N., R. 11 E.;
T. 41 N., R. 6 E. and R. 7 E.;
T. 40 N., R. 4 E. through T. 40 N., R. 6 E.;
T. 40 N., R. 11 E.;
T. 42 N., R. 5 E. through T. 42 N., R. 7 E.;
T. 42 N., R. 9 E. and R. 10 E.;
T. 43 N., R. 5 E. through T. 43 N., R. 7 E.;
T. 43 N., R. 9 E. through T. 43 N., R. 12 E.;
T. 44 N., R. 4 E. through T. 44 N., R. 12 E.;
T. 47 N., R. 7 E. through T. 47 N., R. 10 E.;
T. 48 N., R 8 E. and R. 9 E.;
T. 36 N., R. 6 E. through T. 36 N., R. 8 E.;
T. 36 N., R. 11 E. and R. 12 E.;
T. 38 N., R. 6 E. and R. 7 E.;
T. 38 N., R. 11 E. through T. 38 N., R. 13 E.;
T. 37 N., R. 6 E. and R. 7 E.;
T. 37 N., R. 12 E. and R. 13 E.;
T. 37 N., R. 4 E. through T. 37 N., R. 7 E.;
T. 37 N., R. 11 E. through T. 37 N., R. 13 E.;
T. 32 N., R. 7 E. through T. 32 N., R. 11 E.;
T. 33 N., R. 8 E. through T. 33 N., R. 11 E.;
T. 34 N., R. 6 E. through T. 34 N., R. 8 E.;
T. 34 N., R. 10 E. and R. 11 E.;
T. 35 N., R. 5 E. through T. 35 N., R. 8 E.; and
T. 35 N., R. 10 E. and R. 11 E.
6th Principal Meridian
T. 27 S., 73 W. through T. 29 S., R. 73 W.

    The proposed supplementary rules are consistent with the record of 
decision of the San Luis Resource Area TMP, approved on June 4, 2009. 
The TMP includes specific management actions that restrict certain 
activities and define allowable uses. Restrictions on general travel 
and off-highway vehicle use are intended to enhance user safety and 
ensure compliance with travel management restrictions. These 
restrictions are designed to protect critical resources and scenic 
values in

[[Page 77656]]

different management areas within the TMP. The proposed supplementary 
rules implement these management actions within the San Luis Resource 
Area TMP area. The proposed rules apply to mechanized and motorized 
travel. A mechanized vehicle is propelled by human power without use of 
a motor. Motorized use includes off-road vehicles and off-highway 
vehicles, and may include motorcycles, all-terrain vehicles, or full-
sized vehicles. The restrictions include limiting motorized travel to 
designated and signed routes, limiting mountain bikes and other 
mechanized vehicles to routes designated and signed for motorized and 
mechanized use only, closing cross-country travel off of designated 
routes for motorized and mechanized vehicles, closing the area to 
snowmobile use off of designated routes except for the designated Villa 
Grove Snowmobile Area, and closing motorized and mechanized travel in 
critical winter wildlife habitat yearly from January 1 to April 30. 
This closure would be adjusted to December 1 through April 30 should 
the Colorado Division of Wildlife close late season cow elk hunts in 
Game Management Units 68, 681, 682, 79, 791, 80, 81, 82, 861, and 83. 
Those routes utilized for commercial, administrative, and private 
property access will remain available for those uses during the 
seasonal motorized restriction period. Any seasonal restriction will 
not affect county maintained roads, rights-of-ways, or legal easements. 
This notice, with detailed maps, will be available at the San Luis 
Valley Public Lands Center.

V. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These supplementary rules would not comprise a significant 
regulatory action and are not subject to review by the Office of 
Management and Budget under Executive Order 12866. These supplementary 
rules would not have an annual effect of $100 million or more on the 
economy. They 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 supplementary rules would not create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another agency. The supplementary rules would not materially alter the 
budgetary effects of entitlements, grants, user fees, loan programs, or 
the rights or obligations of their recipients, nor do they raise novel 
legal or policy issues. These rules merely govern conduct for public 
use of a limited selection of public lands.

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 proposed supplementary rules contain technical language 
or jargon that interferes with their clarity?
    (3) Does the format of the supplementary rules (grouping and order 
of sections, use of headings, paragraphing, etc.) aid or reduce 
clarity?
    (4) Would the proposed supplementary rules be easier to understand 
if they were divided into more (but shorter) sections?
    (5) Is the description of the proposed supplementary rules in the 
SUPPLEMENTARY INFORMATION section of this preamble helpful in 
understanding 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 proposed 
supplementary rule to the addresses specified in the ADDRESSES section.

National Environmental Policy Act

    These proposed supplementary rules implement key land use planning 
decisions in the San Luis Resource Area TMP, approved on June 4, 2009. 
During the National Environmental Policy Act process for the TMP, many 
proposed decisions were fully analyzed, including the substance of 
these supplementary rules. The BLM has placed the San Luis Resource 
Area TMP Environmental Assessment EA, Finding of No Significant Impact, 
and Decision Record on file in the BLM Administrative Record at the 
address specified in the ADDRESSES section.

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 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 supplementary rules merely 
establish rules of conduct for public use of a limited area of public 
lands and protect the health and safety of visitors and natural 
resources. Therefore, the BLM has determined under the RFA that the 
supplementary rules would not have a significant economic impact on a 
substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act

    These proposed supplementary rules do not constitute a ``major 
rule'' as defined at 5 U.S.C. 804(2). They 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 rules would not result in an annual 
effect on the economy of $100 million or more; cause a major increase 
in costs or prices for consumers, individual industries, Federal, 
State, or local government agencies, or geographic regions; or 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 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 rules have a significant or 
unique effect on State, local, or Tribal governments or the private 
sector. The rules would have no effect on State, local, or Tribal 
governments and would not impose any requirements on any of these 
entities. The supplementary rules merely establish rules of conduct for 
public use of a limited area of public lands to protect the health and 
safety of visitors and natural resources and do not affect Tribal, 
commercial, or business activities of any kind. 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 proposed supplementary rules would not represent a government 
action capable of interfering with constitutionally protected property 
rights. These supplementary rules do 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 proposed

[[Page 77657]]

supplementary rules would not cause a ``taking'' of private property or 
require further implications under this Executive Order.

Executive Order 13132, Federalism

    The proposed 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. These 
supplementary rules do not conflict with any Colorado State law or 
regulation. Therefore, in accordance with Executive Order 13132, the 
BLM has determined that the proposed supplementary rules would 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 the 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.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, BLM has found that these 
proposed supplementary rules do not include policies that have Tribal 
implications. The proposed supplementary rules merely restrict the use 
of motorized vehicles to certain areas and do not involve Indian lands, 
property rights, or sacred sites access. However, formal consultation 
with 14 Tribes was completed for the San Luis Resource Area TMP.

Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    Under Executive Order 13211, BLM has determined that the proposed 
supplementary rules would not comprise a significant energy action. 
These rules would not have an adverse effect on energy supplies, 
production, or consumption and have no connection with energy policy.

Paperwork Reduction Act

    The proposed supplementary rules would not directly provide for any 
information collection that the Office of Management and Budget must 
approve under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et 
seq. Any information collection that may result from Federal criminal 
investigations or prosecutions conducted under these proposed 
supplementary rules are exempt from the provisions of 44 U.S.C. 
3518(c)(1).

Author

    The principal author of these supplementary rules is John Murphy, 
Natural Resource Specialist, Recreation, San Luis Valley Public Lands 
Center, Bureau of Land Management.
    For the reasons stated in the Preamble, and under the authorities 
of 43 U.S.C. 315a and 1740, and 43 CFR 8365.1-6, the Colorado State 
Director, Bureau of Land Management proposes supplementary rules for 
public lands within the San Luis Valley Travel Management Plan Area 
administered by the BLM San Luis Valley Public Lands Center in Monte 
Vista, Colorado, to read as follows:

Proposed Supplementary Rules for the San Luis Valley Travel Management 
Plan Area

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 road or trail 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 Bureau of 
Land Management (BLM) San Luis Valley Public Lands Center, Monte Vista, 
Colorado. Designated roads and 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 travel management 
plan (TMP), or in future decisions implementing the RMP. However, 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.
    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 is propelled by human power without use of a 
motor.
    Motorized vehicle is used synonymously with off-road vehicles and 
off-highway vehicles, and may include motorcycles, all-terrain 
vehicles, or full-sized vehicles.

Prohibited Acts

    1. You must not enter an area designated as closed by a BLM sign or 
map.
    2. You must not use mechanized or motorized vehicles on roads and/
or trails except where designated as open to such use by a BLM sign or 
map.
    3. You must not travel cross-country with a snowmobile except where 
designated as open to such use by a BLM sign or map.
    4. You must not park a motorized vehicle or trailer farther than 
300 feet from a designated motorized road or trail.
    5. You must not use a motorized vehicle or trailer for camping more 
than 300 feet from a designated road or trail.
    6. You must not use a motorized vehicle for retrieving game more 
than 300 feet from a designated road or trail.

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 or law enforcement in performance of an official duty; and 
persons, agencies, municipalities, or individual authorized by the BLM 
while operating within the scope of their permit or authorization.

Penalties

    Under the Taylor Grazing Act of 1934, 43 U.S.C. 315a, any willful 
violation of these supplementary rules on public lands within a grazing 
district shall be punishable by a fine of not more than $500. 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 on public lands within Colorado may be tried 
before a United States Magistrate and fined no more than $1,000 and/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.

John Mehlhoff,
Associate State Director.
[FR Doc. 2010-31204 Filed 12-10-10; 8:45 am]
BILLING CODE 4310-JB-P