Final Supplementary Rules for Public Lands Managed by the Moab and Monticello Field Offices in Grand and San Juan Counties, UT, 9498-9505 [2016-04065]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Notices]
[Pages 9498-9505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04065]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[15X 1109AF LLUTY00000 L12200000. MA0000 24 1A]


Final 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: Final supplementary rules.

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SUMMARY: In accordance with the Records of Decision (RODs) for the Moab 
and Monticello Field Office Approved Resource Management Plans (RMPs) 
and associated Environmental Impact Statements (EIS), the Bureau of 
Land Management (BLM) is finalizing supplementary rules for BLM-managed 
public land in Grand and San Juan Counties, Utah. These final 
supplementary rules apply to the operation of motorized and mechanized 
vehicles, camping and campfires, firewood and petrified wood 
collection, and the use of glass containers.

DATES: These final supplementary rules are effective on March 28, 2016.

ADDRESSES: You may direct inquiries by letter to Jeffrey Smith, 
Recreation Division Chief, Bureau of Land Management, Moab Field 
Office, 82 East Dogwood Avenue, Moab, UT 84532, or by email to 
blm_ut_mb_mail@blm.gov. The final supplementary rules are available for 
inspection at the Moab Field Office, on the Moab Field Office Web site 
www.blm.gov/ut/st/en/fo/moab.html, at the Monticello Field Office, on 
the Monticello Field Office Web site www.blm.gov/ut/st/en/fo/monticello.html.

FOR FURTHER INFORMATION CONTACT: Jeffrey Smith, Recreation Division 
Chief,

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82 East Dogwood Avenue, Moab, UT 84532, 435-259-2100, or 
blm_ut_mb_mail@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. Background
II. Discussion of Public Comments
III. Discussion of Final Supplementary Rules
IV. Procedural Matters

I. Background

    The BLM is establishing these final supplementary rules under the 
authority of 43 Code of Federal Regulations (CFR) 8365.1-6, which 
allows state directors to establish supplementary rules for the 
protection of persons, property, and the public lands and resources. 
This provision allows the BLM to issue rules of less than national 
effect without codifying the rules in the CFR. These final 
supplementary rules apply to public lands managed by the Moab and 
Monticello Field Offices. Maps of the management areas and boundaries 
can be obtained by contacting the Moab or Monticello Field Office or by 
accessing Moab or Monticello Field Office Web sites (SEE ADDRESSES 
SECTION ABOVE). The final supplementary rules will be available for 
inspection at the Moab and Monticello Field Offices.
    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 
the final 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 final rules apply 
to the entire field office areas, while others apply only to specific 
geographic areas experiencing the most intense visitation pressures. 
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 final supplementary 
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 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 comment period.
    (4) The BLM summarized all public comments and addressed them in 
the Final EISs approved on August 1, 2008 (Moab), and September 5, 2008 
(Monticello).

II. Discussion of Public Comments

    The BLM published proposed supplementary rules on July 18, 2014 (79 
FR 42035). Twelve comment letters were received during the 90-day 
public comment period. Eleven of the commenters expressed support for 
the supplementary rules.
    One comment concluded that the dispersed camping limitations 
applied to the entire Canyon Country District, and expressed opposition 
to this district-wide imposition of camping rules. Dispersed camping 
limitations only apply to enumerated areas as defined in the final 
supplementary rules.
    One comment requested that language of Rule 4 (Moab Field Office) 
and Rule 5 (Monticello Field Office) be changed to conform to the field 
office's Travel Management Plans. The Travel Management Plans for the 
Moab and Monticello Field Offices state: ``In areas limited to 
designated routes, only designated routes are open to motorized use.'' 
However, the supplementary rules must describe prohibited acts and, 
therefore, Moab Rule 4 and Monticello Rule 5 will be clarified by 
adding the underlined text: ``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, a BLM map or the [appropriate field office] 
Travel Management Plan.''
    Another comment requested that the rules be changed to clarify that 
researchers should be able to enter archaeological sites via ropes 
(Monticello Rule 3). Researchers will still be able to access 
archaeological sites via ropes assuming they have obtained the 
necessary permits from either the Moab or Monticello Field Office 
allowing such research to be conducted.
    Another comment requested that the definition of climbing aids be 
clarified (Monticello Rule 3). The rule language is taken directly from 
the Approved Monticello RMP. The definition of a climbing aid has been 
augmented to include the use of ladders as requested by the commenter.
    Another comment requested a correction of a typographical error in 
Rule 5 (Monticello), which refers to the Moab, rather than the 
Monticello, Field Office. The typographical error has been corrected.
    One comment disagreed with the proposed rule restricting campfires 
in Dark Canyon and White Canyon Special Recreation Management Areas 
(SRMAs) in their entirety. The commenter agreed with the campfire 
restriction in the canyons, but stated that the restriction on 
campfires along the rims of these canyons was overly restrictive. The 
language in the RMP only restricts campfires within the canyons of 
these SRMAs; it does not restrict campfires on the rims. The wording of 
the final rule has been changed to clarify the restriction and to more 
accurately reflect the decision in the RMP.

III. Discussion of Final Supplementary Rules

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. Since 1999, annual 
visitation has increased by over 500,000, to 1.8 million visitors per 
year.
    The final supplementary rules are critical to provide for public 
health and safety and to protect natural and cultural resources on 
public lands

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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 final rules in this notice do 
not replace existing rules. The final rules supplement existing rules 
by providing protection to additional high visitation areas and to the 
entire Moab Field Office area.
    The final rules regarding camping, campfires, human waste, and wood 
gathering (Moab Rules 7, 8, 9 and 10) 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 will not be affected by the final camping rules.
    The reasoning for each rule is addressed below.
    1. Final rule: You must not burn wood pallets.
    Wood pallets are the wood frames typically used in shipping 
operations. Burning wood pallets is hazardous to visitors, BLM 
personnel, wildlife, and livestock because they contain 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 will be better able 
to ensure the safety of people and animals, and to minimize the risk of 
property damage. This rule applies to all lands managed by the Moab 
Field Office because the hazards are the same regardless of where the 
pallets are burned.
    2. Final rule: You must not camp in archaeological sites posted as 
closed to camping.
    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 the use of camping shelters causes movement of artifacts and site 
features. Camping in archaeological 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 applies throughout 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. Final rule: You must not camp in historic sites posted as closed 
to camping.
    Once these rules are finalized, historic sites that are important 
to the historical record and local and national heritage will be posted 
as closed to camping. Sites that are included or eligible for inclusion 
in the National Register of Historic Places are covered under this 
rule. Camping activities in these areas 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 the use of camping shelters 
causes movement of structures and site features.
    4. Final 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, a BLM map, or the Moab Field Office Travel Management 
Plan.
    Mechanized and motorized travel across sensitive desert landscapes 
and off of established routes can damage scenic, cultural, soil, 
vegetation, and wildlife habitat resources. The final rule limits 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 applies 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. Final rule: You must not gather petrified wood.
    In the Moab area, there are two BLM SRMAs where petrified wood can 
be found exposed on the ground. These two SRMAs experience heavy 
visitation and, as a result, petrified wood often is collected and 
removed from the public lands. In order to preserve this resource for 
future public viewing, the collection of petrified wood is prohibited. 
This potential restriction was analyzed in the 2008 Moab RMP/EIS. The 
two SRMAs that are affected by this rule are the Colorado Riverway 
SRMA, and the high visitation areas within Labyrinth Rim/Gemini Bridges 
SRMA.
    6. Final rule: You must not possess or use glass beverage 
containers.
    The potential for broken glass arising from the possession or use 
of glass beverage containers presents a health and safety hazard to 
visitors, especially in areas where children and adults are likely to 
go barefoot. This final rule applies only to two specific areas that 
the BLM has determined poses the greatest health and safety risks: The 
Sand Hill area near the entrance of Arches National Park, where 
visitors can be harmed by broken glass hidden in the sand; and the 
Powerhouse/Mill Creek area, a rare swimming hole near the city of Moab, 
where visitors can be harmed by broken glass in the stream bed. Broken 
glass has been a problem at these two locations and this rule will help 
safeguard the public. The geographic descriptions of these locations 
are listed in the ``Final Supplementary Rules.
    7. Final rule: You must not camp at a non-designated site.
    This final rule applies only to specific geographic areas where 
dispersed camping is degrading natural, visual, and wildlife resources, 
and/or causing risks to human health. The affected areas, which are 
enumerated in the Final 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. By regulating campsites along scenic highways and byways, the 
BLM will be better able to preserve the view shed for those travelling 
along the roads. 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

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domestic water wells in Spanish Valley and Castle Valley. All the 
geographic locations affected by this final rule are listed in the 
Final Supplementary Rules.
    8. Final 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 
harm to public health and 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 final rule are 
enumerated in the Final Supplementary Rules.
    9. Final rule: You must not dispose of human waste in any container 
other 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. In high 
visitation areas, the risk of exposure to human waste is amplified. 
This risk may be mitigated by limiting the methods of disposal. This 
rule applies to the enumerated areas because they experience the 
highest levels of visitation and, in the case of the Areas of Critical 
Environmental Concern and Desert Bighorn Sheep lambing areas, the lands 
are especially sensitive to human impacts. All geographic locations 
affected by this final rule are listed in the Final Supplementary 
Rules.
    10. Final rule: You must not gather wood.
    Wood gathering depletes an already limited supply of wood that is 
not readily replaced in the desert environment. The areas to which this 
rule applies are at a great 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 is prohibited. All geographic 
locations affected by this final rule are listed in the Final 
Supplementary Rules.

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 final supplementary rules are 
integral to 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 final rules in this notice do not replace existing rules. 
The final rules supplement existing rules and provide protection to 
archaeological sites. Each of the final rules was analyzed in the 2008 
Monticello RMP and accompanying EIS.
    The reasoning for each rule is addressed below.
    1. Final rule: You must not camp in archaeological sites posted as 
closed to camping.
    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 applies throughout 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. Final rule: You must not enter archaeological sites posted 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 within the barriers would cause irreparable 
damage. This rule applies throughout the Monticello Field Office 
because of the high density of archaeological sites across the entire 
region. A definition of archaeological site is in the ``Definitions'' 
section of the Final Supplementary Rules.
    3. Final 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 
applies throughout the Monticello Field Office because of the high 
density of archaeological sites across the entire region. A definition 
of archaeological site is in the ``Definitions'' section of the Final 
Supplementary Rules.
    4. Final rule: You must not bring domestic pets or pack animals to 
archaeological sites posted as closed to the public.
    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 are prohibited. This rule applies 
throughout the Monticello Field Office because of the high density of 
archaeological sites across the entire region. A definition of 
archaeological site is in the ``Definitions'' section of the Final 
Supplementary Rules.
    5. Final 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, a BLM map or the Monticello Field Office Travel 
Management Plan.
    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 final rule

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limits 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 applies 
throughout the Monticello Field Office because the resources at risk of 
damage from vehicles are present across the entire region.
    6. Final rule: You must not ignite or maintain a campfire within 
the canyons of the Dark Canyon Special Recreation Management Area or 
White Canyon Special Recreation Management Area.
    Campfires are prohibited within the canyons of the Dark Canyon SRMA 
because of the canyons' high density of archaeological resources. 
Prohibiting campfires will reduce the risk of starting wildfires, which 
can cause extensive damage to those resources. Also, by prohibiting 
campfires within the canyons, the BLM will reduce the risk that 
visitors will remove ancient wood from archaeological sites for fuel. 
Campfires also are prohibited in the canyon 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 within the canyons of these SRMAs, the likelihood of 
wildfires will be greatly reduced, thereby providing greater protection 
of human safety, wildlife, livestock, public land resources, and 
private property.

Other Revisions

    The BLM has made the following changes to the rules as proposed:
     The BLM has removed the proposed definition of off-highway 
vehicles because that term is not used in any of the substantive 
proposed or final supplementary rules.
     The BLM has revised Moab Rule 2 and Monticello Rule 1, 
both of which prohibit camping in archaeological sites, by adding the 
phrase, ``posted as closed to camping.'' The public is not aware of 
every archaeological site. This revision discloses how the BLM will 
promote public awareness of the sites that are subject to the 
supplementary rule.
     The BLM has revised Moab Rule 4 and Monticello Rule 5, 
both of which prohibit operation of vehicles in locations not 
designated as open, by revising the description of such locations to 
read ``not designated as open by a BLM sign, a BLM map, or the [Moab or 
Monticello] Field Office Travel Management Plan.'' These revisions 
disclose the multiple ways that the BLM will promote public awareness 
of travel designations.
     The BLM has revised Monticello Rule 3, which prohibits 
using ropes or other climbing aids to access archaeological sites, by 
adding the phrase, ``unless operating under a permit.'' This 
modification allows for researchers to obtain a permit to enter 
archaeological sites using climbing aids.
     The BLM has revised Monticello Rule 4, which prohibits 
bringing pets or pack animals to archaeological sites, by adding the 
phrase, ``posted as closed to the public.'' The public is not aware of 
every archaeological site. This revision discloses how the BLM will 
promote public awareness of the sites that are subject to the 
supplementary rule.
     The BLM has removed the proposed ``Penalties'' provision 
and has replaced it with an ``Enforcement'' provision that is in 
accordance with recent BLM policy.
     The BLM has revised the ``Exemptions'' provision to read 
as a complete sentence, to add a statement that these rules are not 
intended to affect any valid existing rights, and to delete a statement 
pertaining to penalties. These revisions are intended to improve the 
clarity of the ``Exemptions'' provision.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These final 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 final 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 
final supplementary rules will not create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency. 
The final supplementary rules will 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.

National Environmental Policy Act

    These final 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 
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 final 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 final 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 will have a 
significant economic impact, either detrimental or beneficial, on a 
substantial number of small entities. These final supplementary rules 
merely establish rules of conduct for public use on a limited area of 
public lands. Therefore, the BLM has determined that the final 
supplementary rules will not have a significant economic impact on a 
substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act

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

Unfunded Mandates Reform Act

    These final supplementary rules will 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 will they have a 
significant or unique effect on small governments. The final

[[Page 9503]]

supplementary rules will have no effect on governmental or Tribal 
entities and will impose no requirements on any of these entities. The 
final supplementary rules merely establish rules of conduct for public 
use on a limited selection of public lands and will 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 final supplementary rules do not have significant takings 
implications, nor are they capable of interfering with 
Constitutionally-protected property rights. The final supplementary 
rules merely establish rules of conduct for public use on a limited 
area of public lands and do not affect any valid existing rights. 
Therefore, the Department of the Interior has determined that these 
final supplementary 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 final supplementary rules will 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 final supplementary rules 
will 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 final supplementary rules will 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 final rules.
Moab
    The final 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). 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 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 final rules are in accordance with the issues raised in 
consultation 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 final 
supplementary rules will not comprise a significant energy action, and 
that they will 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).

Final Supplementary Rules

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.
    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 establishes the following 
supplementary rules to read as follows:

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.

[[Page 9504]]

    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, ladders, 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. High visitation sites within this 
SRMA are defined as those areas listed in the approved Moab Resource 
Management Plan as Focus Areas (FA). These FAs consist of the 
following: Highway 313 Scenic Driving Corridor FA, Goldbar/Corona Arch 
Hiking FA, Spring Canyon Hiking FA, Labyrinth Canyon Canoe FA, Seven 
Mile Canyon Equestrian FA, Klondike Bluffs Mountain Biking FA, Bar M 
Mountain Biking FA, Tusher Slickrock Mountain Biking FA, Mill Canyon/
Upper Courthouse Mountain Biking FA, Gemini Bridges/Poison Spider Mesa 
FA, Mineral Canyon/Horsethief Point Competitive Base Jumping FA, 
Bartlett Slickrock Freeride FA, Dee Pass Motorized Trail FA, Airport 
Hills Motocross FA, and White Wash Sand Dunes Open OHV FA. Maps of the 
Labyrinth Rims/Gemini Bridges SRMA and FAs 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.
    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 posted as closed to 
camping.
    (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, 
a BLM map, or the Moab Field Office Travel Management Plan.
    The following rules apply only to the enumerated areas:
    (5) You must not gather petrified wood in the following two areas:
    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 container other 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; and
    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.
    Rules 7, 8, 9 and 10 also apply to the following:
    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

[[Page 9505]]

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 Field Office:
    (1) You must not camp in archaeological sites posted as closed to 
camping.
    (2) You must not enter archaeological sites posted as closed to the 
public.
    (3) You must not use ropes or other climbing aids to access 
archaeological sites, unless operating under a permit.
    (4) You must not bring domestic pets or pack animals to 
archaeological sites, posted as closed to the public.
    (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, 
a BLM map, or the Monticello Field Office Travel Management Plan.
    (6) You must not ignite or maintain a campfire within the canyons 
in the Dark Canyon SRMA or White Canyon SRMA.

Enforcement

    Any person who violates any of these supplementary rules may be 
tried before a United States Magistrate and fined in accordance with 18 
U.S.C. 3571, imprisoned no more than 12 months under 43 U.S.C. 1733(a) 
and 43 CFR 8360.0-7, or both. In accordance with 43 CFR 8365.1-7, State 
or local officials may also impose penalties for violations of Utah 
law.

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 are exempt from 
these rules. These rules are not intended to affect any valid existing 
rights.

    Approved:
 Jenna Whitlock,
 Acting State Director.
[FR Doc. 2016-04065 Filed 2-24-16; 8:45 am]
 BILLING CODE 4310-DQ-P