Notice of Proposed Supplementary Rules for Public Lands in Colorado: Cache Creek Placer Area, 71035-71038 [2016-24610]
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71035
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Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Proposed Rules
available information concerning the
pesticides listed in this proposed rule,
the Agency hereby certifies that this
proposed rule will not have a significant
negative economic impact on a
substantial number of small entities.
Any comments about the Agency’s
determination should be submitted to
the EPA along with comments on the
proposed rule, and will be addressed
prior to issuing a final rule. In addition,
the Agency has determined that this
proposed rule will not have a
substantial direct effect on States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999). Executive Order 13132 requires
EPA to develop an accountable process
to ensure ‘‘meaningful and timely input
by State and local officials in the
development of regulatory policies that
have federalism implications.’’ ‘‘Policies
that have federalism implications’’ is
defined in the Executive order to
include regulations that have
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’ This proposed
rule directly regulates growers, food
processors, food handlers, and food
retailers, not States. This proposed rule
does not alter the relationships or
distribution of power and
responsibilities established by Congress
in the preemption provisions of FFDCA
section 408(n)(4). For these same
reasons, the Agency has determined that
this proposed rule does not have any
‘‘tribal implications’’ as described in
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 9, 2000). Executive
Order 13175, requires EPA to develop
an accountable process to ensure
‘‘meaningful and timely input by tribal
officials in the development of
regulatory policies that have tribal
implications.’’ ‘‘Policies that have tribal
implications’’ is defined in the
Executive order to include regulations
that have ‘‘substantial direct effects on
one or more Indian tribes, on the
relationship between the Federal
Government and the Indian tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian tribes.’’ This
proposed rule will not have substantial
direct effects on tribal governments, on
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the relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes, as
specified in Executive Order 13175.
Thus, Executive Order 13175 does not
apply to this proposed rule.
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: September 30, 2016.
Michael L. Goodis,
Acting Director, Registration Division, Office
of Pesticide Programs.
Therefore, it is proposed that 40 CFR
chapter I be amended as follows:
Parts per
million
Commodity
*
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*
Sugarcane, cane ......................
Sugarcane, molasses ...............
*
*
*
*
*
Vegetable, fruiting, group 8–10
*
*
*
*
*
*
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*
1.0
3.0
1.0
*
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[FR Doc. 2016–24650 Filed 10–13–16; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8360
PART 180—TOLERANCES AND
EXEMPTIONS FOR PESTICIDE
CHEMICAL RESIDUES IN FOOD
[LLCOF02000 L12200000.DU0000 16X]
Notice of Proposed Supplementary
Rules for Public Lands in Colorado:
Cache Creek Placer Area
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Amend the table in § 180.482(a)(1)
as follows:
■ a. Remove the entries for ‘‘Apple’’;
‘‘Berry group 13’’; ‘‘Fruit, citrus, group
10’’; ‘‘Fruit, pome’’; ‘‘Nut, tree, group
14’’; ‘‘Pistachio’’; ‘‘Vegetable, fruiting,
group 8’’; and ‘‘Walnut’’;
■ b. Revise the entry for ‘‘Almond,
hulls’’; and
■ c. Add alphabetically the entries for
‘‘Bushberry subgroup 13–07B’’;
‘‘Caneberry subgroup 13–07A’’; ‘‘Fruit,
citrus, group 10–10’’; ‘‘Fruit, pome,
group 11–10’’; ‘‘Nut, tree, group 14–12’’;
‘‘Sugarcane, cane’’; ‘‘Sugarcane,
molasses’’; and ‘‘Vegetable, fruiting,
group 8–10’’.
The revisions and additions read as
follows:
■
Bureau of Land Management,
Interior.
ACTION: Notice of proposed
supplementary rules.
AGENCY:
The Bureau of Land
Management (BLM) in Colorado is
proposing supplementary rules for 2,160
acres of public lands addressed in the
Cache Creek Placer Area Management
Plan, approved on February 23, 2016.
These proposed supplementary rules
would apply to public lands
administered by the BLM Royal Gorge
Field Office in Chaffee County,
Colorado. The proposed rules would
implement decisions found in the Cache
Creek Placer Area Management Plan
relating to the collection of mineral
materials within the Cache Creek parcel.
§ 180.482 Tebufenozide; tolerances for
DATES: Please send comments to the
residues.
address below by December 13, 2016.
(a) * * *
Comments received or postmarked after
(1) * * *
this date may not be considered in the
development of the final supplementary
Parts per
Commodity
rules.
million
ADDRESSES: You may send comments by
Almond, hulls ............................
30 the following methods: Mail or hand
deliver to Kalem Lenard, Outdoor
*
*
*
*
*
Recreation Planner, BLM Royal Gorge
Bushberry subgroup 13–07B ....
3.0
˜
Field Office, 3028 E. Main Street, Canon
City, CO 81212. You may also send
*
*
*
*
*
Caneberry subgroup 13–07A ...
3.0 comments via email to rgfo_comments@
blm.gov (include ‘‘Proposed
*
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*
*
Supplementary Rules’’ in the subject
Fruit, citrus, group 10–10 .........
2.0 line).
Fruit, pome, group 11–10 .........
*
*
*
*
Nut, tree, group 14–12 .............
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1.0
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0.1
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Kalem Lenard, Outdoor Recreation
Planner, at the above address, by phone
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at 719–269–8538, or by email at
jlenard@blm.gov. Persons who use a
telecommunications device for the deaf
may call the Federal Relay Service at
800–877–8339 to contact the above
individual during normal business
hours. The Service is available 24 hours
a day, seven days a week, to leave a
message or question with the above
individual. You will receive a reply
during normal business hours.
SUPPLEMENTARY INFORMATION:
ehiers on DSK5VPTVN1PROD with PROPOSALS
I. Public Comment Procedures
Written comments on the proposed
supplementary rules 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 rules that the
comment is addressing. The BLM is not
obligated to consider or include in the
Administrative Record for the final rules
comments that the BLM receives after
the close of the comment period (see
DATES), unless they are postmarked or
electronically dated before the deadline,
or comments delivered to an address
other than one of the addresses listed
above (see ADDRESSES). Comments,
including names, street addresses and
other contact information of
respondents, will be available for public
review at the BLM Royal Gorge Field
Office, at the address above. Before
including your address, phone number,
email address or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
II. Background
Cache Creek Placer Area is located
immediately west and south of the town
of Granite, Colorado, and includes
Cache Creek, which flows into the
Arkansas River. It was the site of one of
the first large mining communities in
Colorado during the late 1800s. In
January 2000, the BLM acquired 2,160
acres through which Cache Creek flows,
extending from the San Isabel National
Forest boundary to Highway 24. The
BLM acquired the parcel through a grant
from the Land and Water Conservation
Fund, a Federal program that conserves
irreplaceable lands and improves
outdoor recreation opportunities
throughout the nation. The BLM
purchased it to help protect crucial elk
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and riparian habitat as well as to
provide recreational opportunities.
Recreational mineral collection is one of
the activities occurring in the area.
Collection methods include gold
panning and hand sluicing. The 2,160acre parcel is not open to the General
Mining Law of 1872. The rising price of
gold has increased the interest in
mineral collection, therefore increasing
use at Cache Creek. Due to the high
volume of soil that recreational mineral
collectors are processing, excessive
levels of sediment have collected at the
Cache Creek stream, impacting a
recovering fishery. The increase in use
has also led to user conflicts and human
safety hazards, such as unstable holes
and large trees. Conflicts with off-leash
dogs disturbing other visitors as well as
pet waste left in the wetland area are
also a common occurrence.
The Cache Creek parcel is not open to
the General Mining Law. The parcel is
regulated under 43 CFR 8365.1–5,
which confines mineral extraction to
only ‘‘recreational’’ mineral specimen
collection. These regulations do not
allow motorized or mechanical devices
to aid in mineral specimen collection.
In 2012, the BLM began the public
input process for a management plan for
the 2,160-acre Cache Creek parcel to
manage the increasing impacts and
conflicts related to increased
recreational use. The management
strategy allows hobby recreational
placer activities to continue, while
mitigating impacts to resources. The
public process included presentations
and site tours with the Front Range
Resource Advisory Council and
collaboration with stakeholders and
user groups. On March 3, 2014, the BLM
held a 30-day public scoping period
requesting public input. Based on
feedback received during this process,
the BLM developed a proposed action
and draft Environmental Assessment
(EA), which was released for a 30-day
public review on December 5, 2014. The
BLM incorporated comments into the
Final EA and corresponding Decision
Record signed on February 23, 2016.
The decision designated the Cache
Creek parcel as a Special Area, defined
as an area where the BLM ‘‘determines
that the resources require special
management and control measures for
their protection’’ under 43 CFR 2932.5.
The decision also provides that a
Special Recreation Permit (SRP) will be
required for recreational placer
activities only. In addition, the decision
requires a fee to obtain a permit from
Memorial Day weekend to November
30.
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III. Discussion of Proposed
Supplementary Rules
The proposed supplementary rules
would implement the Cache Creek
Placer Area Management Plan as
follows:
In accordance with 43 CFR subpart
2932, an SRP would be required for
recreational mineral collection activities
related to placer mining activities. As
authorized by 43 CFR 2932.31(d),
persons 16 years of age and older would
be required to pay a fee of $5 per day
or $25 annually. Digging within the
Cache Creek parcel would be limited to
a designated area. The SRP would allow
in-situ gold panning (but not digging) in
the Cache Creek stream throughout the
parcel and outside of the designated
area. Dogs and other animals would be
required to be on leashes within the
designated area. Additional terms and
conditions can be found in DOI–BLM–
CO–200–2012–0038 DN.
The planning area consists of
approximately 2,160 acres of public
lands within Chaffee County, Colorado,
in the following described townships:
Colorado, Sixth Principal Meridian
T. 12 S., R. 80 W., Sections 1 and 2.
T. 11 S., R. 80 W., Sections 34–36.
T. 12 S., R. 79 W., Section 6.
T. 11 S., R. 79 W., Section 31.
The BLM has determined that these
proposed supplementary rules are
necessary to enhance public safety,
protect natural and cultural resources,
and reduce conflicts among public land
users.
IV. Procedural Matters
Executive Order 12866, Regulatory
Planning and Review
The proposed supplementary rules
are not a significant regulatory action
and are not subject to review by the
Office of Management and Budget under
Executive Order 12866. The proposed
supplementary rules would not have an
effect of $100 million or more on the
economy and would not adversely affect
in a material way productivity;
competition; jobs; the environment;
public health or safety; or State, local or
tribal governments or communities. The
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 do not
materially alter the budgetary effects of
entitlements; grants; user fees or loan
programs; or the rights or obligations of
their recipients; nor do they raise novel
legal or policy issues. These proposed
supplementary rules would merely
impose limitations on certain
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recreational activities on certain public
lands to protect natural resources and
human health and safety.
National Environmental Policy Act
These proposed supplementary rules
implement key decisions in the Cache
Creek Placer Area Management Plan.
During the National Environmental
Policy Act (NEPA) review for the
Management Plan, the BLM fully
analyzed the substance of these
proposed supplementary rules in an EA
(DOI–BLM–CO–200–2012–0069 EA).
The BLM signed the Decision Record for
the EA on February 23, 2016, and found
the proposed supplementary rules
implementing the plan decisions would
not constitute a major Federal action
significantly affecting the quality of the
human environment under section
102(2)(C) of NEPA, 42 U.S.C. 4332(2)(C).
A detailed statement under NEPA is not
required. The Cache Creek Placer Area
Management Plan EA, Finding of No
Significant Impact, and Decision Record
are on file in the BLM Royal Gorge Field
Office at the address specified in the
ADDRESSES section.
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Regulatory Flexibility Act
Congress enacted the Regulatory
Flexibility Act of 1980 (RFA), as
amended, 5 U.S.C. 601–612, to ensure
that government regulations do not
unnecessarily or disproportionately
burden small entities. The RFA requires
a regulatory flexibility analysis if a rule
would have a significant economic
impact, either detrimental or beneficial,
on a substantial number of small
entities. The proposed supplementary
rules would have no effect on business
entities of any size. The proposed
supplementary rules would merely
impose reasonable restrictions on
certain recreational activities on certain
public lands to protect natural resources
and the environment and human health
and safety. Therefore, the BLM certifies
under the RFA that these 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 a ‘‘major rule’’ as defined at 5
U.S.C. 804(2). These proposed
supplementary rules would merely
impose reasonable restrictions on
certain recreational activities on certain
public lands to protect natural
resources, the environment and human
health and safety. These proposed
supplementary rules would not:
(1) Have an annual effect on the
economy of $100 million or more;
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(2) Cause a major increase in costs or
prices for consumers, individual
industries, Federal, State, or local
agencies, or geographic regions; or
(3) Have significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of United States-based
enterprises to compete with foreignbased enterprises in domestic and
export markets.
Unfunded Mandates Reform Act
The proposed supplementary rules
would not impose an unfunded
mandate on State, local, or tribal
governments or the private sector of
more than $100 million per year; nor
would they have a significant or unique
effect on State, local, or tribal
governments or the private sector. The
proposed supplementary rules would
merely impose reasonable restrictions
on certain recreational activities on
certain public lands to protect natural
resources, the environment and human
health and safety. Therefore, the BLM is
not required to prepare a statement
containing the information required by
the Unfunded Mandates Reform Act (2
U.S.C. 1531 et seq.).
Executive Order 12630, Governmental
Actions and Interference With
Constitutionally Protected Property
Rights (Takings)
The proposed supplementary rules do
not constitute a government action
capable of interfering with
constitutionally-protected property
rights. The proposed supplementary
rules would not address property rights
in any form and would not cause the
impairment of constitutionallyprotected property rights. Therefore, the
BLM has determined that these
proposed supplementary rules would
not cause a ‘‘taking’’ of private property
or require further discussion of takings
implications under this Executive
Order.
Executive Order 13132, Federalism
The proposed supplementary rules
would not have a substantial direct
effect on the states, on the relationship
between the national government and
the states, or on the distribution of
power and responsibilities among the
various levels of government. Therefore,
in accordance with Executive Order
13132, the BLM has determined that
these proposed supplementary rules do
not have sufficient Federalism
implications to warrant preparation of a
Federalism Assessment.
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71037
Executive Order 12988, Civil Justice
Reform
Under Executive Order 12988, the
BLM 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 Executive
Order 12988.
Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
In accordance with Executive Order
13175, the BLM has found that these
proposed supplementary rules do not
include policies that have tribal
implications and would have no bearing
on trust lands or on lands for which title
is held in fee status by Indian tribes or
U.S. Government-owned lands managed
by the Bureau of Indian Affairs.
Information Quality Act
In developing these proposed
supplementary rules, the BLM did not
conduct or use a study, experiment, or
survey requiring peer review under the
Information Quality Act (Section 515 of
Pub. L. 106–554).
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
These proposed supplementary rules
do not comprise a significant energy
action. These proposed supplementary
rules would not have an adverse effect
on energy supply, production or
consumption and have no connection
with energy policy.
Executive Order 13352, Facilitation of
Cooperative Conservation
In accordance with Executive Order
13352, the BLM has determined that the
proposed supplementary rules would
not impede facilitating cooperative
conservation; would take appropriate
account of and consider the interests of
persons with ownership or other legally
recognized interests in land or other
natural resources; would properly
accommodate local participation in the
Federal decision-making process; and
would provide that the associated
programs, projects and activities are
consistent with protecting public health
and safety.
Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act (44 U.S.C. 3501–3521),
the Office of Management and Budget
(OMB) has reviewed and approved the
information collection requirements for
special recreation permits. The relevant
OMB control number is 1004–0119,
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Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Proposed Rules
which expires December 31, 2016. We
may not conduct or sponsor and you are
not required to respond to a collection
of information unless it displays a
currently valid OMB control number.
Proposed Supplementary Rules
Author
The principal author of these
proposed supplementary rules is Kalem
Lenard, Outdoor Recreation Planner,
BLM, Royal Gorge 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 Colorado State
Director proposes supplementary rules
for public lands within the BLM Royal
Gorge Field Office to read as follows:
Supplementary Rules for the Cache
Creek Placer Area Management Plan
Definitions
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Cache Creek parcel is defined as the
2,160-acre parcel of public land in
Chaffee County, Colorado within the 6th
Principal Meridian T. 12 S., R. 80 W.
Sections 1 and 2; T. 11 S., R. 80 W.
Sections 34–36; T. 12 S., R. 79 W.
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Section 6; and T. 11 S., R. 79 W. Section
31.
Cache Creek Placer Area is defined as
the area directly south and adjacent to
the BLM Cache Creek parking area and
shown on maps provided by the BLM
along with on the ground signing, where
possible.
Prohibited Acts
Unless otherwise authorized, the
following acts are prohibited on all
public lands, roads, trails and
waterways administered by the BLM
within the Cache Creek parcel:
1. No persons may collect minerals by
any means within the Cache Creek
parcel without a Special Recreation
Permit (SRP).
2. Persons 16 years of age and over
must pay a fee of $5 per day or $25
annually to obtain an SRP.
3. You must not violate terms and
conditions of the SRP.
4. You must not bring an animal into
the Cache Creek Placer Area between
Memorial Day Weekend and November
30 unless the animal is on a leash not
longer than 6 feet and secured to a fixed
object or under control of a person, or
is otherwise physically restricted at all
times.
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Exceptions
The following persons are exempt
from these supplementary rules: Any
Federal, State, local government officer
or employee acting within the scope of
their duties; members of any organized
law enforcement, rescue, or firefighting
force in performance of an official duty;
and any persons, agencies,
municipalities or companies whose
activities are authorized in writing by
the BLM.
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 Colorado law.
Ruth Welch,
Bureau of Land Management, Colorado State
Director.
[FR Doc. 2016–24610 Filed 10–13–16; 8:45 am]
BILLING CODE 4310–JB–P
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]]>Agencies
[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Proposed Rules]
[Pages 71035-71038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24610]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8360
[LLCOF02000 L12200000.DU0000 16X]
Notice of Proposed Supplementary Rules for Public Lands in
Colorado: Cache Creek Placer Area
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of proposed supplementary rules.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) in Colorado is proposing
supplementary rules for 2,160 acres of public lands addressed in the
Cache Creek Placer Area Management Plan, approved on February 23, 2016.
These proposed supplementary rules would apply to public lands
administered by the BLM Royal Gorge Field Office in Chaffee County,
Colorado. The proposed rules would implement decisions found in the
Cache Creek Placer Area Management Plan relating to the collection of
mineral materials within the Cache Creek parcel.
DATES: Please send comments to the address below by December 13, 2016.
Comments received or postmarked after this date may not be considered
in the development of the final supplementary rules.
ADDRESSES: You may send comments by the following methods: Mail or hand
deliver to Kalem Lenard, Outdoor Recreation Planner, BLM Royal Gorge
Field Office, 3028 E. Main Street, Ca[ntilde]on City, CO 81212. You may
also send comments via email to rgfo_comments@blm.gov (include
``Proposed Supplementary Rules'' in the subject line).
FOR FURTHER INFORMATION CONTACT: Kalem Lenard, Outdoor Recreation
Planner, at the above address, by phone
[[Page 71036]]
at 719-269-8538, or by email at jlenard@blm.gov. Persons who use a
telecommunications device for the deaf may call the Federal Relay
Service at 800-877-8339 to contact the above individual during normal
business hours. The Service is available 24 hours a day, seven days a
week, to leave a message or question with the above individual. You
will receive a reply during normal business hours.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
Written comments on the proposed supplementary rules 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 rules that the comment is addressing. The BLM is not obligated
to consider or include in the Administrative Record for the final rules
comments that the BLM receives after the close of the comment period
(see DATES), unless they are postmarked or electronically dated before
the deadline, or comments delivered to an address other than one of the
addresses listed above (see ADDRESSES). Comments, including names,
street addresses and other contact information of respondents, will be
available for public review at the BLM Royal Gorge Field Office, at the
address above. Before including your address, phone number, email
address or other personal identifying information in your comment, you
should be aware that your entire comment--including your personal
identifying information--may be made publicly available at any time.
While you can ask us in your comment to withhold your personal
identifying information from public review, we cannot guarantee that we
will be able to do so.
II. Background
Cache Creek Placer Area is located immediately west and south of
the town of Granite, Colorado, and includes Cache Creek, which flows
into the Arkansas River. It was the site of one of the first large
mining communities in Colorado during the late 1800s. In January 2000,
the BLM acquired 2,160 acres through which Cache Creek flows, extending
from the San Isabel National Forest boundary to Highway 24. The BLM
acquired the parcel through a grant from the Land and Water
Conservation Fund, a Federal program that conserves irreplaceable lands
and improves outdoor recreation opportunities throughout the nation.
The BLM purchased it to help protect crucial elk and riparian habitat
as well as to provide recreational opportunities. Recreational mineral
collection is one of the activities occurring in the area. Collection
methods include gold panning and hand sluicing. The 2,160-acre parcel
is not open to the General Mining Law of 1872. The rising price of gold
has increased the interest in mineral collection, therefore increasing
use at Cache Creek. Due to the high volume of soil that recreational
mineral collectors are processing, excessive levels of sediment have
collected at the Cache Creek stream, impacting a recovering fishery.
The increase in use has also led to user conflicts and human safety
hazards, such as unstable holes and large trees. Conflicts with off-
leash dogs disturbing other visitors as well as pet waste left in the
wetland area are also a common occurrence.
The Cache Creek parcel is not open to the General Mining Law. The
parcel is regulated under 43 CFR 8365.1-5, which confines mineral
extraction to only ``recreational'' mineral specimen collection. These
regulations do not allow motorized or mechanical devices to aid in
mineral specimen collection.
In 2012, the BLM began the public input process for a management
plan for the 2,160-acre Cache Creek parcel to manage the increasing
impacts and conflicts related to increased recreational use. The
management strategy allows hobby recreational placer activities to
continue, while mitigating impacts to resources. The public process
included presentations and site tours with the Front Range Resource
Advisory Council and collaboration with stakeholders and user groups.
On March 3, 2014, the BLM held a 30-day public scoping period
requesting public input. Based on feedback received during this
process, the BLM developed a proposed action and draft Environmental
Assessment (EA), which was released for a 30-day public review on
December 5, 2014. The BLM incorporated comments into the Final EA and
corresponding Decision Record signed on February 23, 2016.
The decision designated the Cache Creek parcel as a Special Area,
defined as an area where the BLM ``determines that the resources
require special management and control measures for their protection''
under 43 CFR 2932.5. The decision also provides that a Special
Recreation Permit (SRP) will be required for recreational placer
activities only. In addition, the decision requires a fee to obtain a
permit from Memorial Day weekend to November 30.
III. Discussion of Proposed Supplementary Rules
The proposed supplementary rules would implement the Cache Creek
Placer Area Management Plan as follows:
In accordance with 43 CFR subpart 2932, an SRP would be required
for recreational mineral collection activities related to placer mining
activities. As authorized by 43 CFR 2932.31(d), persons 16 years of age
and older would be required to pay a fee of $5 per day or $25 annually.
Digging within the Cache Creek parcel would be limited to a designated
area. The SRP would allow in-situ gold panning (but not digging) in the
Cache Creek stream throughout the parcel and outside of the designated
area. Dogs and other animals would be required to be on leashes within
the designated area. Additional terms and conditions can be found in
DOI-BLM-CO-200-2012-0038 DN.
The planning area consists of approximately 2,160 acres of public
lands within Chaffee County, Colorado, in the following described
townships:
Colorado, Sixth Principal Meridian
T. 12 S., R. 80 W., Sections 1 and 2.
T. 11 S., R. 80 W., Sections 34-36.
T. 12 S., R. 79 W., Section 6.
T. 11 S., R. 79 W., Section 31.
The BLM has determined that these proposed supplementary rules are
necessary to enhance public safety, protect natural and cultural
resources, and reduce conflicts among public land users.
IV. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
The proposed supplementary rules are not a significant regulatory
action and are not subject to review by the Office of Management and
Budget under Executive Order 12866. The proposed supplementary rules
would not have an effect of $100 million or more on the economy and
would not adversely affect in a material way productivity; competition;
jobs; the environment; public health or safety; or State, local or
tribal governments or communities. The 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 do not materially alter the budgetary effects of entitlements;
grants; user fees or loan programs; or the rights or obligations of
their recipients; nor do they raise novel legal or policy issues. These
proposed supplementary rules would merely impose limitations on certain
[[Page 71037]]
recreational activities on certain public lands to protect natural
resources and human health and safety.
National Environmental Policy Act
These proposed supplementary rules implement key decisions in the
Cache Creek Placer Area Management Plan. During the National
Environmental Policy Act (NEPA) review for the Management Plan, the BLM
fully analyzed the substance of these proposed supplementary rules in
an EA (DOI-BLM-CO-200-2012-0069 EA). The BLM signed the Decision Record
for the EA on February 23, 2016, and found the proposed supplementary
rules implementing the plan decisions would not constitute a major
Federal action significantly affecting the quality of the human
environment under section 102(2)(C) of NEPA, 42 U.S.C. 4332(2)(C). A
detailed statement under NEPA is not required. The Cache Creek Placer
Area Management Plan EA, Finding of No Significant Impact, and Decision
Record are on file in the BLM Royal Gorge Field Office at the address
specified in the ADDRESSES section.
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act of 1980 (RFA), as
amended, 5 U.S.C. 601-612, to ensure that government regulations do not
unnecessarily or disproportionately burden small entities. The RFA
requires a regulatory flexibility analysis if a rule would have a
significant economic impact, either detrimental or beneficial, on a
substantial number of small entities. The proposed supplementary rules
would have no effect on business entities of any size. The proposed
supplementary rules would merely impose reasonable restrictions on
certain recreational activities on certain public lands to protect
natural resources and the environment and human health and safety.
Therefore, the BLM certifies under the RFA that these 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 a ``major rule'' as
defined at 5 U.S.C. 804(2). These proposed supplementary rules would
merely impose reasonable restrictions on certain recreational
activities on certain public lands to protect natural resources, the
environment and human health and safety. These proposed supplementary
rules would not:
(1) Have an annual effect on the economy of $100 million or more;
(2) Cause a major increase in costs or prices for consumers,
individual industries, Federal, State, or local agencies, or geographic
regions; or
(3) Have significant adverse effects on competition, employment,
investment, productivity, innovation, or on the ability of United
States-based enterprises to compete with foreign-based enterprises in
domestic and export markets.
Unfunded Mandates Reform Act
The proposed supplementary rules would not impose an unfunded
mandate on State, local, or tribal governments or the private sector of
more than $100 million per year; nor would they have a significant or
unique effect on State, local, or tribal governments or the private
sector. The proposed supplementary rules would merely impose reasonable
restrictions on certain recreational activities on certain public lands
to protect natural resources, the environment and human health and
safety. Therefore, the BLM is not required to prepare a statement
containing the information required by the Unfunded Mandates Reform Act
(2 U.S.C. 1531 et seq.).
Executive Order 12630, Governmental Actions and Interference With
Constitutionally Protected Property Rights (Takings)
The proposed supplementary rules do not constitute a government
action capable of interfering with constitutionally-protected property
rights. The proposed supplementary rules would not address property
rights in any form and would not cause the impairment of
constitutionally-protected property rights. Therefore, the BLM has
determined that these proposed supplementary rules would not cause a
``taking'' of private property or require further discussion of takings
implications under this Executive Order.
Executive Order 13132, Federalism
The proposed supplementary rules would not have a substantial
direct effect on the states, on the relationship between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 13132, the BLM has determined that
these proposed supplementary rules do not have sufficient Federalism
implications to warrant preparation of a Federalism Assessment.
Executive Order 12988, Civil Justice Reform
Under Executive Order 12988, the BLM has determined that these
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 Executive Order 12988.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, the BLM has found that
these proposed supplementary rules do not include policies that have
tribal implications and would have no bearing on trust lands or on
lands for which title is held in fee status by Indian tribes or U.S.
Government-owned lands managed by the Bureau of Indian Affairs.
Information Quality Act
In developing these proposed supplementary rules, the BLM did not
conduct or use a study, experiment, or survey requiring peer review
under the Information Quality Act (Section 515 of Pub. L. 106-554).
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
These proposed supplementary rules do not comprise a significant
energy action. These proposed supplementary rules would not have an
adverse effect on energy supply, production or consumption and have no
connection with energy policy.
Executive Order 13352, Facilitation of Cooperative Conservation
In accordance with Executive Order 13352, the BLM has determined
that the proposed supplementary rules would not impede facilitating
cooperative conservation; would take appropriate account of and
consider the interests of persons with ownership or other legally
recognized interests in land or other natural resources; would properly
accommodate local participation in the Federal decision-making process;
and would provide that the associated programs, projects and activities
are consistent with protecting public health and safety.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act (44 U.S.C. 3501-
3521), the Office of Management and Budget (OMB) has reviewed and
approved the information collection requirements for special recreation
permits. The relevant OMB control number is 1004-0119,
[[Page 71038]]
which expires December 31, 2016. We may not conduct or sponsor and you
are not required to respond to a collection of information unless it
displays a currently valid OMB control number.
Proposed Supplementary Rules
Author
The principal author of these proposed supplementary rules is Kalem
Lenard, Outdoor Recreation Planner, BLM, Royal Gorge 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 Colorado State Director proposes supplementary
rules for public lands within the BLM Royal Gorge Field Office to read
as follows:
Supplementary Rules for the Cache Creek Placer Area Management Plan
Definitions
Cache Creek parcel is defined as the 2,160-acre parcel of public
land in Chaffee County, Colorado within the 6th Principal Meridian T.
12 S., R. 80 W. Sections 1 and 2; T. 11 S., R. 80 W. Sections 34-36; T.
12 S., R. 79 W. Section 6; and T. 11 S., R. 79 W. Section 31.
Cache Creek Placer Area is defined as the area directly south and
adjacent to the BLM Cache Creek parking area and shown on maps provided
by the BLM along with on the ground signing, where possible.
Prohibited Acts
Unless otherwise authorized, the following acts are prohibited on
all public lands, roads, trails and waterways administered by the BLM
within the Cache Creek parcel:
1. No persons may collect minerals by any means within the Cache
Creek parcel without a Special Recreation Permit (SRP).
2. Persons 16 years of age and over must pay a fee of $5 per day or
$25 annually to obtain an SRP.
3. You must not violate terms and conditions of the SRP.
4. You must not bring an animal into the Cache Creek Placer Area
between Memorial Day Weekend and November 30 unless the animal is on a
leash not longer than 6 feet and secured to a fixed object or under
control of a person, or is otherwise physically restricted at all
times.
Exceptions
The following persons are exempt from these supplementary rules:
Any Federal, State, local government officer or employee acting within
the scope of their duties; members of any organized law enforcement,
rescue, or firefighting force in performance of an official duty; and
any persons, agencies, municipalities or companies whose activities are
authorized in writing by the BLM.
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 Colorado
law.
Ruth Welch,
Bureau of Land Management, Colorado State Director.
[FR Doc. 2016-24610 Filed 10-13-16; 8:45 am]
BILLING CODE 4310-JB-P
