Notice of Final Supplementary Rules for Public Lands in Colorado: Bangs Canyon Special Recreation Management Area, 62824-62827 [2011-26186]

Agencies

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

[Federal Register Volume 76, Number 196 (Tuesday, October 11, 2011)]
[Notices]
[Pages 62824-62827]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26186]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCON03000-L12200000-PA0000]


Notice of Final Supplementary Rules for Public Lands in Colorado: 
Bangs Canyon Special Recreation Management Area

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of final supplementary rules.

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SUMMARY: The Bureau of Land Management (BLM) Grand Junction Field 
Office (GJFO) is implementing supplementary rules to regulate conduct 
on public lands within Bangs Canyon Special Recreation Management Area 
(BCSRMA). These supplementary rules are needed to implement decisions 
found in the 1999 Bangs Canyon Special Recreation Management Area 
Management Plan (BCSRMAMP) and the Grand Junction Resource Management 
Plan (GJRMP). These rules are needed to protect natural resources 
located within the BCSRMA and provide for public health and safety.

DATES: Effective Date: These rules are effective December 12, 2011.

ADDRESSES: You may send inquiries to the Bureau of Land Management, 
Grand Junction Field Office, 2815 H Road, Grand Junction, Colorado 
81506, or e-mail comments to gjfo_webmail@blm.gov, Attn: ``Bangs 
Canyon.''

FOR FURTHER INFORMATION CONTACT: Bryce Stewart, Ranger, Bureau of Land 
Management, Grand Junction Field Office, at the address listed above or 
by telephone at (970) 244-3070.

SUPPLEMENTARY INFORMATION:

I. Authority
II. Background
III. Discussion of Public Comments
IV. Procedural Matters
V. Final Supplemental Rules

I. Authority

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

II. Background

    Recreation resource management decisions for the GJFO were detailed 
in the GJRMP in 1987. The Grand Valley, including the Bangs Canyon 
area, was designated as an Intensive Recreation Management Area (IRMA) 
in the GJRMP. The plan recommended additional planning for the IRMA due 
to its distinguishing characteristics and significant recreation 
opportunities. The BCSRMAMP was approved in 1999 and the subsequent 
BCSRMA implementation plan and environmental assessment (EA) were 
approved in 2006, fulfilling the GJFO obligation to complete site-
specific plans for this area. The BCSRMAP establishes management 
objectives and identifies management strategies to achieve those 
objectives while the BCSRMA implementation plan provides site-specific 
direction and analysis of management actions. The final rules are 
consistent with the BLM's National Management Strategy for Motorized 
Off-Highway Vehicle Use on Public Lands (2001). The BLM has added 
definitions to the final rule to clarify the meaning of camping, day-
use areas, designated trails, firearms, vehicles, mechanized

[[Page 62825]]

vehicles, off-road vehicles, and Special Recreation Management Areas. 
The BLM revised proposed rule number 8 to clarify allowable uses on 
roads and trails. The proposed rule was broken into four separate rules 
for clarification. The BLM revised proposed rule 17 to clarify access 
to day-use areas for hunting. Possession of an off-road vehicle was 
inadvertently left out of proposed rule numbers 6, 10, and 11 and was 
added in the final rule for consistency with rule numbers 7 and 8. The 
BLM also clarified penalties under the Taylor Grazing Act of 1934. 
Otherwise, with the exception of minor non-substantive grammatical and 
formatting changes, the final rules remain as proposed.

III. Discussion of Public Comments

    The BLM proposed these supplementary rules in the Federal Register 
(74 FR 36506) on July 23, 2009. Public comments were accepted for a 
period of 60 days ending on September 21, 2009. The BLM received one 
comment from the Colorado Division of Wildlife (CDOW). The CDOW asked 
the BLM to consider revising proposed supplementary rule 17, which 
addresses areas designated as ``day-use only.'' The CDOW noted that 
CDOW Rule 202(A) provides ``Big game may be taken from one-half (\1/2\) 
hour before sunrise to one-half (\1/2\) hour after sunset.'' The BLM 
agrees with this comment and has made changes in final rule number 18.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These supplementary rules are not significant regulatory actions 
and are not subject to review by the 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 
will not create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency. The 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 
supplementary rules merely establish rules of conduct for public use of 
a limited area of public lands.

Clarity of the Regulations

    Executive Order 12866 requires each agency to write regulations 
that are simple and easy to understand. The BLM invites public 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 
of sections, use of headings, paragraphing, etc.) aid or reduce 
clarity?
    4. Is the description of the 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 rules to 
the address specified in the ADDRESSES section.

National Environmental Policy Act (NEPA)

    Between 1995 and 1999, the Bangs Canyon Citizens Advisory Group 
formed and convened a series of public meetings, working group 
meetings, and field trips to accomplish additional planning outlined in 
the GJRMP, eventually developing recommendations on how the Bangs 
Canyon area should be managed. These recommendations were endorsed by 
the Northwest Resource Advisory Council and compiled into a non-NEPA 
document known as the BCSRMAMP. In December 2003, environmental 
assessment CO-130-04-018-EA was initiated to provide the environmental 
analysis necessary to implement these recommendations, and a Decision 
Record (DR) was signed in 2006. These supplementary rules would allow 
the BLM to implement the measures approved in the 2006 DR by allowing 
the BLM to enforce decisions developed to protect public health and 
safety and improve the protection of recreational and public lands 
resources. These rules do not change any of the NEPA analysis or 
recommendations from the DR signed in 2006. These rules are established 
for the purpose of enforcing the actions and protecting the resources 
identified in CO-130-04-018-EA.
    The BLM reviewed CO-130-04-018-EA and found that the supplementary 
rules do 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 DR and Finding of No Significant Impact 
(FONSI) were signed on April 5, 2006 (CO-130-04-018-EA, p. 11). The BLM 
placed the EA, DR and FONSI on file in the BLM Administrative Record, 
and invites the public to review these documents at the address 
specified in the ADDRESSES section.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act (RFA) of 1980, 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. Therefore, the BLM has determined under the RFA that these 
supplementary 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 considered a ``major rule'' as 
defined under 5 U.S.C. 804(2). The supplementary rules merely establish 
rules of conduct for public use of a limited area of public lands.

Unfunded Mandates Reform Act

    These supplementary rules do 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 do they have a 
significant or unique effect on small governments. The rules have no 
effect on governmental or tribal entities and would impose no 
requirements on any of these entities. The supplementary rules merely 
establish rules of conduct for public use of a limited area of public 
lands. 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 supplementary rules do not have significant takings 
implications, nor are they capable of interfering with 
Constitutionally-protected property rights. The supplementary rules 
merely establish rules of conduct for public use

[[Page 62826]]

of a limited area of public lands. Therefore, the Department of the 
Interior has determined that these rules will not cause a ``taking'' of 
private property or require preparation of a Takings Assessment under 
this Executive Order.

Executive Order 13132, Federalism

    These supplementary rules will not have a substantial direct effect 
on the states, the relationship between the national government and the 
states, or the distribution of power and responsibilities among the 
various levels of government. These supplementary rules do not come 
into conflict with any state law or regulation. Therefore, in 
accordance with Executive Order 13132, the BLM has determined that 
these 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 has determined that these 
rules will not unduly burden the judicial system and that they meet the 
requirements of Sections 3(a) and 3(b)(2) of Executive Order 12988.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, the BLM has found that 
these supplementary rules do not include policies that have tribal 
implications. The supplementary rules merely establish rules of conduct 
for public use of a limited area of public land and do not affect land 
held for the benefit of Indians or Alaska Natives or impede their 
rights.

Paperwork Reduction Act

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

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

    Under Executive Order 13211, the BLM has determined that these 
supplementary rules are not a significant energy action, and that they 
would not have an adverse effect on energy supplies, production, or 
consumption.

V. Final Supplementary Rules

Author

    The principal author of these supplementary rules is Eric Boik, 
Field Staff Ranger, Bureau of Land Management, Grand Junction Field 
Office, 2815 H Road, Grand Junction, Colorado 81506.
    For the reasons stated in the preamble, and under the authorities 
for supplementary rules found at 43 U.S.C. 1740, 43 U.S.C. 315a, and 43 
CFR 8365.1-6, the Colorado State Director issues these final 
supplementary rules for public lands within the BCSRMA, Colorado, to 
read as follows:

Supplementary Rules for Bangs Canyon 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.
    Day-Use Area means any area open for public access during daylight 
hours, between sunrise and sunset, or where specific hours of operation 
have been identified. Overnight use in these areas is specifically 
prohibited.
    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.
    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 fire blank cartridges.
    Mechanized Vehicle means mechanical transport by means of any 
vehicle, device, or contrivance for moving people or material in or 
over land, water, snow, or air that has moving parts. This includes but 
is not limited to sailboats, sailboards, hang gliders, parachutes, 
bicycles, game carriers, carts, or wagons. The term does not include 
wheelchairs, nor does it include horses or other pack stock, skis, 
snowshoes, non-motorized river craft including, but not limited to, 
drift boats, rafts, and canoes, or sleds, travois, or similar devices 
without moving parts. (See 43 CFR 6301.5)
    Off-road Vehicle means any motorized vehicle capable of, or 
designed for, travel on or immediately over land, water, or other 
natural terrain excluding:
    (1) Any non-amphibious registered motorboat;
    (2) Any military, fire, emergency, or law enforcement vehicle while 
being used for emergency purposes;
    (3) Any vehicle whose use is expressly authorized by the authorized 
officer, or otherwise officially approved;
    (4) Vehicle in official use; and
    (5) Any combat or combat support vehicle when used in times of 
national defense emergencies. (See 43 CFR 8340.0-5)
    Special Recreation Management Area means an administrative unit 
where the existing or proposed recreation opportunities and recreation 
setting characteristics are recognized for their unique value, 
importance, and/or distinctiveness, especially as compared to other 
areas used for recreation.
    Vehicle means every device in, upon, or by which a person or 
property is or may be transported from one place to another.

Prohibited Acts

    Unless otherwise authorized, the following acts are prohibited on 
public lands within the BCSRMA:
    1. You must not start or maintain a fire in sites or areas not 
designated as open for such use by a BLM sign or map. Mechanical stoves 
or other appliances fueled by gas and equipped with a valve that allows 
the operator to control the flame are exempt from this rule.
    2. You must not start or maintain a fire outside of a metal fire 
ring at sites or areas where fire rings are provided by the BLM. 
Mechanical stoves or appliances fueled by gas and equipped with a valve 
that allows the operator to control the flame are exempt from this 
rule.
    3. You must not cut, collect, or use live, dead, or down wood 
except in areas designated as open to such use by a BLM sign or map.
    4. You must not camp in sites or areas not designated as open to 
camping by a BLM sign or map.
    5. You must properly dispose of solid human waste as indicated by a 
BLM sign or map.
    6. You must not operate or be in possession of an off-road vehicle 
or mechanized vehicle on any road which is not designated as open to 
such use by a BLM sign or map.
    7. You must not operate or be in possession of an off-road vehicle 
or

[[Page 62827]]

mechanized vehicle on any trail which is not designated as open to such 
use by a BLM sign or map.
    8. You must not ride or be in possession of horses or other pack 
animals on any trail which is not designated as open to such use by a 
BLM sign or map.
    9. Where pedestrian travel is restricted to a designated trail or 
route, you must not travel cross-country off the designated trail or 
route.
    10. You must not operate or be in possession of an off-road vehicle 
or mechanized vehicle in violation of vehicle width and/or vehicle type 
restrictions as indicated by a BLM sign or map.
    11. You must not operate or be in possession of an off-road vehicle 
that produces sound exceeding 96 decibels.
    12. You must not discharge a firearm or other projectile shooting 
device of any kind, including those used for target shooting or 
paintball, where a BLM sign or map indicates a no-shooting area. 
Licensed hunters in pursuit of game during a legal hunting season with 
appropriate firearms, as defined by the Colorado Division of Wildlife, 
are exempt from this rule.
    13. You must not enter an area that is designated as closed by a 
BLM sign or map.
    14. You must remove and properly dispose of solid dog waste as 
indicated by a BLM sign or map.
    15. You must not bring any dog into the BCSRMA that is not 
controlled by visual, audible, or physical means.
    16. You must not park a vehicle in areas not designated for parking 
by a BLM sign or map.
    17. You must not burn wood or other material containing nails, 
glass, or any metal.
    18. You must not enter or remain in a designated day-use area after 
sunset or before sunrise. Licensed hunters in pursuit of game during a 
legal hunting season, as defined by the Colorado Division of Wildlife, 
are exempt from this rule.

Exemptions

    The following persons are exempt from these supplementary rules: 
any Federal, state, local, and/or military persons acting within the 
scope of their official duties; members of any organized rescue or 
fire-fighting force in the performance of an official duty; and 
persons, agencies, municipalities, or companies holding an existing 
special-use permit inside the BCSRMA and operating within the scope of 
their permit.

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 
knowingly and willfully violates any of these supplementary rules on 
public lands within the BCSRMA may be tried before a United States 
Magistrate and fined no more than $1,000, 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. 2011-26186 Filed 10-7-11; 8:45 am]
BILLING CODE 4310-JB-P