Notice of Proposed Supplementary Rules for Public Lands Managed by the Moab and Monticello Field Offices in Grand and San Juan Counties, UT, 42035-42041 [2014-16699]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 79, Number 138 (Friday, July 18, 2014)]
[Notices]
[Pages 42035-42041]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16699]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[L12200000. MA0000/LLUTY00000]


Notice of Proposed Supplementary Rules for Public Lands Managed 
by the Moab and Monticello Field Offices in Grand and San Juan 
Counties, UT

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Proposed Supplementary Rules.

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SUMMARY: In accordance with the Records of Decision (ROD) for the Moab 
and Monticello Field Office Approved Resource Management Plans (RMP) 
and associated Environmental Impact Statements (EIS), the Bureau of 
Land Management (BLM) is proposing supplementary rules and requesting 
comments. The proposed rules address conduct on BLM public land in 
Grand County and San Juan County, Utah. The conduct addressed includes 
the operation of motorized or mechanized vehicles, camping and 
campfires, firewood and petrified wood collection, and the use of glass 
containers.

DATES: Comments on the proposed supplementary rules must be received or 
postmarked by September 16, 2014 to be assured of consideration.

ADDRESSES: Comments may be submitted by mail, hand delivery, or email 
to the BLM Canyon Country District Office, Attention: Jason Moore, 82 
East Dogwood Avenue, Moab, UT 84532, or jdmoore@blm.gov. The proposed 
supplementary rules and approved RMPs are available for inspection at 
the BLM Moab Field Office, located at 82 East Dogwood Avenue, Moab, UT; 
the BLM Monticello Field Office, located at 435 North Main Street, 
Monticello, UT; and, on the BLM Moab and Monticello Field Office Web 
sites: https://www.blm.gov/ut/st/en/fo/moab.html and https://www.blm.gov/ut/st/en/fo/monticello.html.

FOR FURTHER INFORMATION CONTACT: Jason Moore, Supervisory Staff Law 
Enforcement Ranger, 82 East Dogwood Avenue, Moab, UT 84532, 435-259-
2109, or jdmoore@blm.gov. Persons who use a telecommunications device 
for the deaf (TDD) may call the Federal Information Relay Service 
(FIRS) at 1-800-877-8339 to leave a message or question with the above 
individual. The FIRS is available 24 hours a day, 7 days a week. You 
will receive a reply during normal business hours.

SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background
III. Discussion
IV. Procedural Matters
V. Proposed Supplementary Rules for the BLM Moab Field Office and 
the Monticello Field Office

I. Public Comment Procedures

    Written comments on the proposed supplementary rules must be sent 
in accordance with the information outlined in the DATES and ADDRESSES 
sections of this notice. The BLM is not obligated to consider comments 
that are received after the close of the comment period (see DATES), 
unless they are postmarked or electronically dated before the deadline; 
or if the comments are delivered to an address other than that listed 
above in ADDRESSES. Comments should be specific, confined to issues 
pertinent to the proposed supplementary rules, and should explain the 
reason for any recommended change. Where possible, comments should 
reference the specific section or paragraph of the rule that the 
comment is addressing.
    Comments, including names, addresses, and other contact information 
of respondents, will be available for public review at the BLM Moab 
Field Office, 82 East Dogwood Avenue, Moab, UT 84532, during regular 
business hours (7:45 a.m.-4:30 p.m., Monday through Friday, except 
Federal holidays). Before including an address, telephone number, email 
address, or other personal identifying information in your comment, be 
aware that the entire comment, including personal identifying 
information, may be made publicly available at any time. While you can 
ask in your comment to

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withhold personal identifying information from public review, we cannot 
guarantee that we will be able to do so.

II. Background

    In 2008, the BLM finalized RMPs for the Moab and Monticello Field 
Offices. During the public planning and EIS processes, the BLM 
identified the need to establish supplementary rules to provide for 
visitor health and safety, and to protect the cultural and natural 
resources on the BLM Moab and Monticello Field Office lands. The BLM 
has recorded significant increases in visitation numbers and resulting 
pressures on recreation areas and archaeological sites in the Moab and 
Monticello areas. Therefore, the BLM has determined that these proposed 
rules are necessary to protect visitor health and safety, prevent 
natural and cultural resource degradation, and promote high-quality 
outdoor recreation opportunities. Some of the proposed rules would 
apply to the entire field office areas, while others would apply only 
to specific geographic areas experiencing the most intense visitation 
pressures. The proposed rules only address land use limitations and 
restrictions that were previously proposed, analyzed, and approved as 
part of the public planning processes for the Moab and Monticello RMPs 
and associated EISs.
    Several of the proposed rules are necessary for all BLM Moab and 
Monticello Field Office areas, and others are only appropriate for 
specific BLM lands such as canyons and recreation areas that experience 
the most intense visitation. The geographic applicability of each rule 
is addressed in sections III and V of this notice.
    The BLM took the following steps to involve the public in 
developing the plans which are the basis for the proposed rules:
    (1) The BLM held five scoping meetings for the Moab and Monticello 
Field Offices between October 14 and November 13, 2003, in the planning 
area. A formal scoping period was held between June 6, 2003, and 
January 31, 2004. The BLM also engaged in Tribal consultation during 
the planning process.
    (2) The Draft RMP/EIS, which included recommendations for published 
closures, limitations, restrictions, and special rules, was available 
for a 90-day public comment period. Moab's Draft RMP/EIS was available 
from August 24, 2007, to November 30, 2007. Four public meetings were 
held on the Draft RMP beginning September 25, 2007. Monticello's Draft 
RMP/EIS was available for public review and comment from November 2, 
2007, through February 8, 2008. Five public meetings were held on the 
Draft RMP beginning in January 2008.
    (3) The BLM released the Proposed RMPs and Final EISs, which 
included recommendations for published closures, limitations, 
restrictions, and special rules on August 1, 2008 (Moab), and on 
September 5, 2008 (Monticello), for a 30-day protest period.
    (4) The BLM summarized all public comments and addressed them in 
the Final EISs published August 1, 2008 (Moab), and September 5, 2008 
(Monticello).

III. Discussion

The BLM Moab Field Office

    The BLM Moab Field Office's jurisdiction is bound by the Grand 
County line to the north, the Utah-Colorado State line to the east, 
Harts Draw and Lisbon Valley to the south, and the Green River to the 
west. The public lands managed by the BLM Moab Field Office are 
domestic and international tourist destinations and since 1999, annual 
visitation has increased by over 500,000 to 1.8 million visitors per 
year.
    The proposed supplementary rules are critical to provide for public 
health and safety and protect natural and cultural resources on public 
lands experiencing high levels of sustained and concentrated visitor 
use. For over 20 years, supplementary rules have been in place for 
several specific locations with high visitor use in the BLM Moab Field 
Office. See 57 FR 33005 (July 24, 1992), 58 FR 17424 (April 2, 1993), 
and 61 FR 60724 (Nov. 29, 1996). Those rules have been effective in 
providing for visitor health and safety, and protecting cultural and 
natural resources in the specified locations. The proposed rules in 
this notice would not replace existing rules. The proposed rules would 
supplement existing rules by providing protection to additional high 
visitation areas and to the entire Moab Field Office area.
    The proposed rules regarding camping, campfires, human waste, and 
wood gathering (Moab rules 7, 8, 9 and 10) would cover areas that 
receive an estimated 90 percent of the 1.8 million visitors to the Moab 
Field Office. The restrictions are directly related to the degradation 
of natural resources, health and safety issues posed by the presence of 
human waste, and the overuse of undeveloped camping areas where no 
facilities exist to mitigate visitor impacts.
    All of the locations listed for camping restrictions were also 
specifically listed in the 2008 Moab RMP/EIS. In the majority of the 
areas affected by camping restrictions, the BLM offers existing 
campgrounds with toilet facilities and trash disposal, thus ensuring 
the public's ability to camp on these BLM lands. Public lands that do 
not receive intense visitation and are not listed in this notice and 
the 2008 RMP/EIS would not be affected by the proposed camping rules.
    The reasoning for each rule is addressed below.
    1. Proposed rule: You must not burn wood pallets.
    Wood pallets are the wood frame structures typically used in 
shipping operations. Burning wood pallets is hazardous to visitors, BLM 
personnel, wildlife, and livestock that use the public lands because 
they contain many nails that remain behind after the pallets are 
burned. These nails can cause physical injury to people and animals, 
and property damage to vehicles. By prohibiting the burning of wood 
pallets, the BLM would be better able to ensure the safety of people 
and animals, and limit property damage. This rule would apply to all 
lands managed by the Moab Field Office because the hazards are the same 
regardless of where the pallets are burned.
    2. Proposed rule: You must not camp in archaeological sites.
    Camping activities destroy fragile archaeological resources and 
cause irreparable damage. Although visitors may not intentionally harm 
archaeological sites when they camp, several activities associated with 
camping may cause inadvertent damage. For example, campfires can 
destroy and/or contaminate the archaeological record, which is 
important to our scientific and historical understanding of 
archaeological resources. Also, inadvertent trampling from foot traffic 
and camping shelters causes movement of artifacts and site features. 
Camping in sites also increases the risk of illegal artifact 
collection. Finally, food preparation often results in food scraps 
being left behind on the ground, and this attracts animals that dig in 
and damage the site. This rule would apply to all lands managed by the 
Moab Field Office because of the high density of archaeological sites 
across the entire region. The definition of archaeological site is 
found in the ``Definitions'' section.
    3. Proposed rule: You must not camp in historic sites posted as 
closed to camping.
    If these proposed rules are finalized, historic sites that are 
important to the

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historical record and local and national heritage would be posted as 
closed to camping. Sites that are included or eligible for inclusion in 
the National Register of Historical Places would be covered under this 
rule. Camping would be prohibited in posted sites because camping 
activities can destroy fragile historical resources and may cause 
irreparable damage. Although visitors may not intentionally harm 
historical sites when they camp, several activities associated with 
camping cause inadvertent damage. For example, campfires can destroy 
and/or contaminate the historical record, which is important to our 
understanding of historical resources. Also, inadvertent trampling from 
foot traffic and camping shelters causes movement of structures and 
site features.
    4. Proposed rule: You must not operate a motorized or mechanized 
vehicle on any route, trail, or area not designated as open to such use 
by a BLM sign or map.
    Mechanized and motorized travel across sensitive desert landscapes 
and off of established routes can damage scenic, cultural, soil, 
vegetation, and wildlife habitat resources. The proposed rule would 
limit these modes of travel to designated routes in order to prevent 
the degradation of the public land resources that draw people to the 
area. The proliferation of user-created routes also contributes to 
confusion among visitors as to their location and this has contributed 
to an increased demand on search and rescue resources. This rule would 
apply to all lands managed by the Moab Field Office because the 
resources at risk of damage from vehicles are present across the entire 
region.
    5. Proposed rule: You must not gather petrified wood.
    In the Moab area, there are two BLM Special Recreation Management 
Areas (SRMA) where petrified wood can be found exposed on the ground. 
As a result, the SRMAs experience heavy visitation and the petrified 
wood is collected and removed from the public land. In order to 
preserve this resource for future public viewing, the collection of 
petrified wood would be prohibited. This potential restriction was 
analyzed in the 2008 Moab RMP/EIS. The two SRMAs that would be affected 
by this rule are the Colorado Riverway SRMA and the Labyrinth Rim/
Gemini Bridges SRMA.
    6. Proposed rule: You must not possess or use glass beverage 
containers.
    Broken glass poses a health and safety hazard to visitors and 
property, especially in areas where children and adults are likely to 
go barefoot. This proposed rule would only apply to two specific areas 
where the health and safety risks are greatest: The Sand Hill area near 
the entrance of Arches National Park, where visitors can be easily 
harmed by broken glass hidden in the sand; and at the Powerhouse/Mill 
Creek area, a rare swimming hole near the city of Moab, where visitors 
can be easily harmed by broken glass in the stream bed. Broken glass 
has been a problem at these two locations and this rule would help 
safeguard the public. The geographic descriptions of these locations 
are listed in the ``Proposed Supplementary Rules'' section.
    7. Proposed rule: You must not camp at a non-designated site.
    This proposed rule would only apply to specific geographic areas 
where dispersed camping is degrading natural, visual, and wildlife 
resources, and causing risks to human health. The affected areas, which 
are enumerated in the Proposed Supplementary Rules section, reflect the 
recreation management decision (REC-6) in the 2008 Moab RMP to limit 
dispersed camping as visitation impacts and environmental conditions 
warrant. Therefore, by regulating campsites along the scenic highways 
and byways, the BLM would be better able to preserve the viewshed for 
those travelling along the road. Also, dispersed camping is negatively 
affecting crucial Desert Bighorn Sheep lambing areas shown in map 9 of 
the Moab RMP. In addition, the presence of campers without the benefit 
of toilet facilities devalues adjacent private property and poses a 
health threat to domestic water wells in Spanish Valley and Castle 
Valley. All the geographic locations affected by this proposed rule are 
listed in the ``Proposed Supplementary Rules'' section.
    8. Proposed rule: You must not ignite or maintain a campfire at a 
non-designated site.
    Campfires made without a metal fire ring create an increased risk 
of wildfire and resulting damage to natural and cultural resources, and 
threats to public safety. In addition, non-designated campfire rings, 
ashes, and associated garbage that are often left behind at campfire 
sites have a negative visual impact on the area. Finally, the presence 
of non-designated campfire rings encourages repeated illegal camping. 
The areas affected by this rule receive the most intense visitation and 
so the risks posed by campfires are amplified in these areas. All the 
geographic locations affected by this proposed rule are enumerated in 
the ``Proposed Supplementary Rules'' section.
    9. Proposed rule: You must not dispose of human waste in any other 
container than a portable toilet.
    Exposure to human waste is a health risk to the public and BLM 
personnel. The continuous deposition of human waste on or just beneath 
the surface of the ground--which is largely sand and bare rock in the 
Moab region--is a risk that is not naturally mitigated. Therefore, in 
the high visitation areas, these risks are amplified so they must be 
mitigated by limiting the methods of disposal. This rule would apply to 
the enumerated areas because they experience the highest levels of 
visitation and, in the case of the Areas of Critical Environmental 
Concern (ACEC) and Desert Bighorn Sheep lambing areas, the lands are 
especially sensitive to human impacts. All geographic locations 
affected by this proposed rule are listed in the ``Proposed 
Supplementary Rules'' section.
    10. Proposed rule: You must not gather wood.
    Wood gathering depletes an already limited supply of wood that is 
not readily replaced in the desert environment. As with camping, 
campfires, and human waste, the areas that this rule would apply to are 
at a greater risk of resource damage and depletion due to high 
visitation. In order to ensure that future visitors can enjoy the 
visual resources, and the sensitive desert ecology is protected, wood 
gathering in the enumerated areas would be prohibited. All geographic 
locations affected by this proposed rule are listed in the Proposed 
Supplementary Rules section.

The BLM Monticello Field Office

    The BLM Monticello Field Office's jurisdiction is bound by Harts 
Draw and Lisbon Valley to the north, the Utah-Colorado State line to 
the east, the Navajo Indian Reservation and Utah-Arizona State line to 
the south, and Canyonlands National Park and the Glen Canyon National 
Recreation Area to the west. A number of archaeological and historical 
resources are located on the public lands throughout the BLM Monticello 
Field Office.
    The BLM Monticello Field Office's proposed supplementary rules are 
integral in protecting natural and cultural resources. The Office 
currently enforces supplementary rules that have been effective in 
protecting resources in the Indian Creek area. See 63 FR 110 (Jan. 2, 
1998). The proposed rules in this notice would not replace existing 
rules. The proposed rules would supplement existing rules and provide 
protection to archaeological sites. Each of the

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proposed rules was analyzed in the 2008 Monticello RMP and accompanying 
EIS.
    The reasoning for each rule is addressed below.
    1. Proposed rule: You must not camp in archaeological sites.
    Camping activities destroy fragile archaeological resources and 
cause irreparable damage. Although visitors may not intentionally harm 
archaeological sites when they camp, several activities associated with 
camping cause inadvertent damage. For example, campfires can destroy 
and/or contaminate the archaeological record, which is important to our 
scientific and historical understanding of cultural resources. Also, 
inadvertent trampling from foot traffic and camping shelters causes 
movement of artifacts and site features. Camping in sites also 
increases the risk of illegal artifact collection. Finally, food 
preparation often results in food scraps being left behind on the 
ground and this attracts animals that dig in and damage the site. This 
rule would apply to all lands managed by the Monticello Field Office 
because of the high density of archaeological sites across the entire 
region. The definition of archaeological site is found in the 
``Definitions'' section.
    2. Proposed rule: You must not enter archaeological sites 
designated as closed to the public.
    Individual archaeological sites are closed on a case-by-case basis 
due to degradation from increased visitation. Closing these sites to 
the general public protects them for future generations and our 
national heritage, and also ensures the integrity of the site for 
further scientific study. These sites may still be enjoyed from outside 
the barriers but due to the degradation and their fragile nature, 
further public visitation would cause irreparable damage. This rule 
would apply to all lands managed by the Monticello Field Office because 
of the high density of archaeological sites across the entire region. A 
more thorough definition of archaeological site is found in the 
``Definitions'' section.
    3. Proposed rule: You must not use ropes or other climbing aids to 
access archaeological sites.
    The use of ropes or other climbing aids to access archaeological 
sites can cause irreparable damage and it increases visitation and 
resulting degradation to otherwise rare and inaccessible sites. Ropes 
and climbing aids cause damage because climbers put them in direct 
contact with fragile features such as prehistoric walls and towers. For 
example, ropes rub against walls as climbers go up and over sites, and 
climbing aids such as bolts and other protection pieces cause direct 
damage to the rock where they are placed. Also, the use of climbing 
aids in general increases human contact with fragile sites and 
artifacts. Many otherwise inaccessible sites still retain cultural 
integrity and important scientific information, and the use of ropes 
and climbing aids to access these sites may destroy what little remains 
of the cultural heritage and valuable knowledge of the past. This rule 
would apply to all lands managed by the Monticello Field Office because 
of the high density of archaeological sites across the entire region. A 
more thorough definition of archaeological site is found in the 
Definitions section.
    4. Proposed rule: You must not bring domestic pets or pack animals 
to archaeological sites.
    Pets and pack animals cause damage to archaeological sites when 
they paw, dig in, defecate on, and trample fragile structures and 
artifacts. In order to promote the integrity and longevity of these 
sites, pets and pack animals would be prohibited. This rule would apply 
to all lands managed by the Monticello Field Office because of the high 
density of archaeological sites across the entire region. A more 
thorough definition of archaeological site is found in the 
``Definitions'' section.
    5. Proposed rule: You must not operate a motorized or mechanized 
vehicle on any route, trail, or area not designated as open to such use 
by a BLM sign or map.
    Similar to the Moab area, mechanized and motorized travel across 
sensitive desert landscapes and off of established routes in the 
Monticello area damages scenic, cultural, soil, vegetation, and 
wildlife habitat resources. The proposed rules would limit these modes 
of travel to designated routes in order to prevent the degradation of 
the public land resources that draw people to area. The proliferation 
of user-created routes also contributes to confusion among visitors as 
to their location on the ground, and has contributed to more frequent 
search and rescue activity. This rule would apply to all lands managed 
by the Moab Field Office because the resources at risk of damage from 
vehicles are present across the entire region.
    6. Proposed rule: You must not ignite or maintain a campfire in the 
Dark Canyon Special Recreation Management Area or White Canyon Special 
Recreation Management Area.
    The Dark Canyon SRMA has a high density of archaeological resources 
and so campfires would be prohibited in order to reduce the risk of 
starting wildfires which can cause extensive damage to those resources. 
Also, by prohibiting campfires, the BLM would reduce the risk that 
visitors will remove ancient wood from archaeological sites for fuel. 
Campfires would be prohibited in the White Canyon SRMA because it is a 
narrow slot canyon in which burning poses significant health and safety 
risks. In addition, the logjams that people rely on to navigate the 
canyon are targeted for firewood. By prohibiting campfires in both of 
these SRMAs, the likelihood of wildfires would be greatly reduced, 
thereby providing greater protection of human safety, wildlife, 
livestock, public land resources, and private property.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These proposed 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 proposed 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 
proposed supplementary rules would not create a serious inconsistency 
or otherwise interfere with an action taken or planned by another 
agency. The proposed 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 does it raise 
novel legal or policy issues. These supplementary rules merely 
establish rules of conduct for public use on 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 comments on how 
to make this supplementary rule easier to understand, including answers 
to questions such as the following:
    1. Are the requirements in the supplementary rule clearly stated?
    2. Does the supplementary rule contain technical language or jargon 
that interferes with their clarity?
    3. Does the format of the supplementary rule (grouping and order of 
sections, use of headings, paragraphing, etc.) aid or reduce clarity?
    4. Is the description of the supplementary rule in the

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SUPPLEMENTARY INFORMATION section of this preamble helpful in 
understanding the supplementary rule? How could this description be 
more helpful in making the supplementary rule easier to understand?
    Please send any comments on the clarity of the rule to the address 
specified in the ADDRESSES section.

National Environmental Policy Act

    These proposed supplementary rules are consistent with and 
necessary to properly implement decisions proposed, analyzed, and 
approved in the 2008 Moab and Monticello Field Office RMPs, Final EISs, 
and RODs. They would establish rules of conduct for public use of 
public lands managed by the Moab and Monticello Field Offices in order 
to protect public health and safety and protect natural and cultural 
resources on the public lands. The approved RMPs, EISs, and RODs are 
available for review at the physical and on-line locations identified 
in the ADDRESSES section. These proposed rules are a component of a 
larger planning process for the Moab and Monticello Field Offices 
(i.e., the RMPs/RODs). In developing the RMPs/RODs, the BLM prepared 
two Draft and Final EISs which include analysis of the proposed rules. 
The Draft and Final EISs, the Proposed RMPs, and the RMPs/RODs are on 
file and available to the public in the BLM administrative record at 
the address specified under ADDRESSES. The documents are also online 
at: https://www.blm.gov/ut/st/en/fo/moab/planning/rod_approved_rmp.html and https://www.blm.gov/ut/st/en/fo/monticello/planning/Monticello_Resource_Management_Plan.html.

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 proposed supplementary 
rules would merely establish rules of conduct for public use on a 
limited area of public lands. Therefore, the BLM has determined 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

    These proposed supplementary rules are not ``major'' as defined 
under 5 U.S.C. 804(2). The proposed supplementary rules would merely 
establish rules of conduct for public use on a limited area of public 
lands and would not affect commercial or business activities of any 
kind.

Unfunded Mandates Reform Act

    These proposed 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 they have 
a significant or unique effect on small governments. The proposed 
supplementary rules would have no effect on governmental or Tribal 
entities and would impose no requirements on any of these entities. The 
proposed supplementary rules would merely establish rules of conduct 
for public use on a limited selection of public lands and would 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)

    These proposed supplementary rules do not have significant takings 
implications, nor are they capable of interfering with 
Constitutionally-protected property rights. The proposed supplementary 
rules would merely establish rules of conduct for public use on a 
limited area of public lands and would not affect anyone's property 
rights. Therefore, the Department of the Interior has determined that 
these proposed supplementary rules would not cause a ``taking'' of 
private property or require preparation of a takings assessment under 
this Executive Order.

Executive Order 13132, Federalism

    These proposed supplementary rules would not have a substantial 
direct effect on the States, the relationship between the Federal 
Government and the States, nor the distribution of power and 
responsibilities among the various levels of government. These proposed 
supplementary rules would not 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 Office of the Solicitor 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.

Executive Order 13175, Consultation and Coordination With Tribal 
Governments

    In accordance with Executive Order 13175, the BLM conducted 
consultation and coordination with Tribal governments in the 
development of the RMPs which form the basis for the proposed rules.
Moab
    The proposed rules are in accordance with the issues raised in 
consultation with the Tribes during the RMP planning process.
    As part of the RMP/EIS scoping process, by letter dated August 1, 
2003, the Utah State Director initiated consultation for land use 
planning with 34 Tribal organizations. Between November 2003 and May 
2004, all 34 Tribal organizations were contacted to determine the need 
for additional or future consultation for the study areas identified in 
the consultation letter. Meetings were arranged when requested.
    In consulting with Tribes or Tribal entities, the BLM emphasized 
the importance of identifying historic properties having cultural 
significance to Tribes (commonly referred to as Traditional Cultural 
Properties (TCP). The BLM held meetings with 12 Tribal organizations 
between December 2003 and May 2004. During these meetings, Tribal 
organizations were invited to be a cooperating agency in the 
development of the land use plan. None of the Tribal organizations 
requested to be a cooperating agency.
    In 2006 and 2007, the Moab field office (FO) manager and 
archaeologist participated in a second round of meetings with the five 
Tribes who so requested. At these meetings, the draft RMP/EIS 
alternatives were discussed with special emphasis on cultural resource 
issues. A copy of the Moab Draft RMP/EIS was mailed in August 2007 to 
12 Tribal organizations. In April 2008, the BLM extended an invitation 
to meet with Tribal organizations regarding the Proposed RMP/Final EIS. 
Two Tribes accepted this invitation.
Monticello
    The proposed rules are in accordance with the issues raised in 
consultation

[[Page 42040]]

with the Tribes during the RMP planning process.
    Consultations with Native Americans on the Monticello RMP began in 
2003. The Draft RMP/EIS was sent to the Tribes for review and comment 
on November 5, 2007. Monticello FO received comments from three tribes, 
the Hopi Tribe, the Navajo Nation, and the Ute Mountain Ute Tribe. 
Tribal concerns related to the Draft RMP/EIS were focused on the 
following:
    1. Maintaining access for collection of plants for medicinal, 
spiritual, and sustenance uses.
    2. Protection of the cultural resources in the Allen and Cottonwood 
Canyon areas which are important to the culture and history of the 
White Mesa Utes.
    3. Allocation of sites for scientific use.
    4. Ongoing consultation on selection and allocation of sites for 
interpretive development, educational, public, and scientific uses.
    5. Inadvertent discoveries.
    The BLM provided additional clarification or modifications in 
developing the Proposed RMP to address these concerns. None of the 
Tribes filed a protest.

Energy Supply, Distribution, or Use

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

Paperwork Reduction Act

    These 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. 
Federal criminal investigations or prosecutions may result from these 
rules, and the collection of information for these purposes is exempt 
from the Paperwork Reduction Act, 44 U.S.C. 3518(c)(1).

Author

    The principal author of these supplementary rules is Jason Moore, 
Supervisory Staff Law Enforcement Ranger, Canyon Country District 
Office, 82 East Dogwood Avenue, Moab, Utah 84532.

V. Proposed Supplementary Rules for the BLM Moab Field Office and the 
Monticello Field Office

    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 BLM Utah State Director is proposing the following 
supplementary rules:

Definitions

    The following definitions apply to the supplementary rules of both 
the Moab Field Office and the Monticello Field Office.
    Archaeological Site: Any site containing material remains of past 
human life or activities that are at least 100 years old and are of 
archaeological interest. Material remains include, but are not limited 
to: Structures or portions of structures, pit houses, rock paintings, 
rock carvings, intaglios, graves, surface or subsurface artifact 
concentrations, and the physical site, location, or context in which 
they are found, such as alcoves and caves.
    Campfire: Any outdoor fire used for warmth or cooking.
    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.
    Climbing Aid: Climbing aids include, but are not limited to: Bolts, 
anchors, ascenders, rappelling devices, webbing and cord material, 
cams, stoppers, and other protection devices.
    Colorado Riverway Special Recreation Management Area: Public land 
located along the Colorado River corridor from Dewey Bridge to the 
boundary of Canyonlands National Park. The SRMA also includes public 
land along Kane Creek, in Long Canyon, and along the Dolores River. 
Maps of the area can be viewed at the BLM Moab Field Office.
    Dark Canyon Special Recreation Management Area: The Dark Canyon 
SRMA includes canyon rims and bottoms for Dark Canyon, Gypsum Canyon, 
Bowdie Canyon, Lean To Canyon, Palmer Canyon, Lost Canyon, Black Steer 
Canyon, Young's Canyon, and Fable Valley Canyon. Trailheads and 
associated parking/camping areas at these canyons are included within 
the SRMA boundaries.
    Historic Site: Any prehistoric or historic district, site, 
building, structure, or object included in, or eligible for inclusion 
in, the National Register of Historic Places. The term ``eligible for 
inclusion in the National Register of Historic Places'' includes both 
properties formally determined as such by the Secretary of the Interior 
and all other properties that meet National Register of Historic Places 
listing criteria.
    Labyrinth Rims/Gemini Bridges Special Recreation Management Area: 
Public land located south of the Blue Hills Road, west of Arches 
National Park, north of the Colorado River and Canyonlands National 
Park, and east of the Green River. Maps of the area can be viewed at 
the BLM Moab Field Office.
    Mechanized Vehicle: Any device propelled solely by human power, 
upon which a person, or persons, may ride on land, having any wheels, 
with the exception of a wheelchair.
    Off-Highway Vehicle: 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 being used 
for emergency purposes; (3) Any vehicle whose use is expressly 
authorized by the authorized officer, or otherwise officially approved; 
(4) Vehicles in official use; and (5) Any combat or combat support 
vehicle when used in times of national defense emergencies.
    Portable Toilet: (1) A containerized and reusable system; (2) A 
commercially available biodegradable system that is landfill disposable 
(e.g., a ``WAG bag''); or (3) A toilet within a camper, trailer or 
motor home.
    Wheelchair: Any device that is designed solely for use by a 
mobility-impaired person for locomotion, and that is suitable for use 
in an indoor pedestrian area.
    White Canyon Special Recreation Management Area: The White Canyon 
SRMA includes canyon rims and bottoms in White Canyon as it parallels 
State Route 95 from Natural Bridges National Monument to Glen Canyon 
National Recreation Area. Trailheads and associated parking/camping 
areas at these canyons are included within the SRMA boundaries.

Moab Field Office

    Unless otherwise authorized, on all public lands within the BLM 
Moab Field Office jurisdiction:
    (1) You must not burn wood pallets.
    (2) You must not camp in archaeological sites.
    (3) You must not camp in historic sites posted as closed to 
camping.
    (4) You must not operate a motorized or mechanized vehicle on any 
route, trail, or area not designated as open to such use by a BLM sign 
or map.
    The following rules apply only to the enumerated areas:
    (5) You must not gather petrified wood in the following two areas:

[[Page 42041]]

    i. The Colorado Riverway SRMA; and
    ii. High visitation sites within the Labyrinth Rim/Gemini Bridges 
SRMA.
    (6) You must not possess or use glass beverage containers in the 
following areas:
    i. Moab Canyon Sand Hill within Sections 20 and 21 of Township 25 
South, Range 21 East, Salt Lake Meridian; and
    ii. Powerhouse Lane Trailhead, Lower Mill Creek, and the North Fork 
of Mill Creek for a distance of one mile from the trailhead at 
Powerhouse Lane within Sections 3, 4, 5, 8, 9 and 10 of Township 26 
South, Range 22 East, Salt Lake Meridian.
    (7) You must not camp at a non-designated site.
    (8) You must not ignite or maintain a campfire at a non-designated 
site.
    (9) You must not dispose of human waste in any other container than 
a portable toilet.
    (10) You must not gather wood.
    Rules 7, 8, 9 and 10 apply to lands within one half mile of the 
following roads:
    i. Utah Highway 313;
    ii. The Island in the Sky entrance road between Utah Highway 313 
and Canyonlands;
    iii. The Gemini Bridges Route (Grand County Road No. 118) and the 
spur route into Bride Canyon within Section 24, Township 25 South, 
Range 20 East, Salt Lake Meridian;
    iv. The Kane Springs Creek Canyon Rim route from U.S. Highway 191 
to where it first crosses the eastern boundary of Section 20, Township 
27 South, Range 22 East, Salt Lake Meridian, exclusive of the State and 
private land west of Blue Hill in Sections 25, 26, 35, and 36; and
    Rules 7, 8, 9 and 10 also apply to:
    v. Lands within Long Canyon (Grand County Road No. 135) coincident 
with a portion of the Colorado Riverway SRMA and the BLM lands within 
Dead Horse Point State Park.
    vi. Lands along both sides of U.S. Highway 191 bounded by Arches 
National Park on the east, private lands in Moab Valley on the south, 
the Union Pacific Railroad Potash Rail Spur on the west, and private 
and State land near the lower Gemini Bridges Trailhead on the north.
    vii. Lands located between the upper end of the Nefertiti Rapid 
parking area in Section 1, Township 19 South, Range 16 East, Salt Lake 
Meridian, along the shoreline of the Green River on the east side of 
the river to Swaseys Take-Out in Section 3, Township 20 South, Range 16 
East, Salt Lake Meridian. This includes all public lands between 
Nefertiti and Swaseys along Grand County Road No. 154.
    viii. Lands including Castle Rock, Ida Gulch, Professor Valley, 
Mary Jane Canyon, and the upper Onion Creek areas that are south of the 
Colorado Riverway SRMA, below the rims of Adobe and Fisher Mesas, and 
west of the private land in Fisher Valley;
    ix. Lands along the Potash Trail (Grand County Road Nos. 134 and 
142, between the western end of Potash Lower Colorado River Scenic 
Byway (Grand County Road No. 279) and Canyonlands National Park) that 
are east of Canyonlands National Park, south of Dead Horse Point State 
Park, and other State and private lands north of the Colorado river and 
west of the Colorado Riverway SRMA, excluding riverside campsites 
accessible by water craft from the Colorado River;
    x. Lands located at the southern end of Spanish Valley located on 
the east and west sides of U.S. Highway 191 to the rim of the valley, 
south of the San Juan County line to the Kane Springs Creek Canyon Rim 
Road.
    xi. Lands within the Mill Creek Canyon ACEC and the Mill Creek 
Canyon Wilderness Study Area (WSA). Backpack-type camping within the 
Mill Creek Canyon ACEC and the Mill Creek Canyon WSA is allowed at 
sites one-quarter mile or farther from designated roads and greater 
than 100 feet from Mill Creek and archaeological sites.
    xii. Lands within Desert Bighorn Sheep lambing areas (46,319 acres) 
as shown on map 9 of the Approved Moab RMP.

Monticello Field Office

    Unless otherwise authorized, on all public lands administered by 
the BLM Monticello FO:
    (1) You must not camp in archaeological sites.
    (2) You must not enter archaeological sites designated as closed to 
the public.
    (3) You must not use ropes or other climbing aids to access 
archaeological sites.
    (4) You must not bring domestic pets or pack animals to 
archaeological sites.
    (5) You must not operate a motorized or mechanized vehicle on any 
route, trail, or area not designated as open to such use by a BLM sign 
or map.
    (6) You must not ignite or maintain a campfire in the Dark Canyon 
SRMA or White Canyon SRMA.

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 or, 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 Utah 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.

Exemptions

    Any Federal, State, local or military persons acting within the 
scope of their duties; and members of an organized rescue or 
firefighting force in performance of an official duty. Such violations 
may also be subject to the enhanced fines provided for by 18 U.S.C. 
3571.

Juan Palma,
State Director, Bureau of Land Management, Utah.
[FR Doc. 2014-16699 Filed 7-17-14; 8:45 am]
BILLING CODE 4310-DQ-P