Notice of Proposed Supplementary Rules for the Klondike Bluffs Area of Public Lands Managed by the Moab Field Office in Grand County, UT, 46270-46272 [2021-17704]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 86, Number 157 (Wednesday, August 18, 2021)]
[Notices]
[Pages 46270-46272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17704]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[212 LLUTY01000 L12200000.MA0000]


Notice of Proposed Supplementary Rules for the Klondike Bluffs 
Area of Public Lands Managed by the Moab Field Office in Grand County, 
UT

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of proposed supplementary rules.

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SUMMARY: These proposed supplementary rules would limit camping to 
developed campgrounds and designated campsites within the Klondike 
Bluffs Mountain Bike Focus Area and a nearby isolated 160-acre Bureau 
of Land Management (BLM) parcel. The rules would require the use of 
portable toilets at designated campsites where constructed toilets are 
not provided. Additionally, the proposed supplementary rules would 
prohibit wood cutting and collecting in the Klondike Bluffs Mountain 
Bike Focus Area and the nearby 160-acre parcel.

DATES: Comments on the proposed supplementary rules must be received or 
postmarked by October 18, 2021.

ADDRESSES: Comments may be submitted by mail, hand delivery, or email 
to the BLM Moab Field Office, Attention: Katie Stevens, 82 East Dogwood 
Avenue, Moab, UT 84532, or [email protected]. The proposed supplementary 
rules and accompanying environmental documents are available for 
inspection at the BLM Moab Field Office at the address listed above and 
on the ePlanning website at: https://eplanning.blm.gov/eplanning-ui/project/117076/510. To access this link, please copy it into any 
browser other than internet Explorer.

FOR FURTHER INFORMATION CONTACT:  Jennifer Jones, Assistant Field 
Manager for Recreation, BLM Moab Field Office, 82 East Dogwood Avenue, 
Moab, UT 84532, (435) 259-2100, or [email protected]. Persons who 
use a telecommunications device for the deaf may call the Federal Relay 
Service (FRS) at 1-800-877-8339 to leave a message or question for the 
above individual. The FRS is available 24 hours a day, 7 days a week. 
Replies are provided 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

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 
received after the close of the comment period (see DATES) unless they 
are postmarked or electronically dated before the deadline. The BLM is 
not obligated to consider comments 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 proposed rule 
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 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 the BLM in your comment to withhold your personal 
identifying information from public review, we cannot guarantee we will 
be able to do so.

II. Background

    In September 2019, the BLM issued a Decision Record on an 
Environmental Assessment (EA) to limit camping to designated sites and 
developed campgrounds in the Klondike Bluffs Mountain Bike Focus Area 
and a nearby isolated 160-acre parcel of BLM-administered land that is 
completely surrounded by lands managed by the State of Utah. During the 
EA process, the BLM identified the need to establish enforceable 
supplementary rules concerning camping at these locations.
    The BLM has documented significant increases in visitation numbers 
and resulting pressures on camping areas in the Moab Field Office. 
Therefore, the BLM has determined these proposed rules are necessary to 
increase sustainable camping and recreation opportunities, provide for 
visitor health and safety, prevent undue degradation of natural and 
cultural non-renewable resources, and promote high-quality outdoor 
recreation opportunities.
    During the 15-day public comment period for the EA, the BLM 
received 14 comments, of which 13 were in support of the proposal. The 
proposal was also supported by Grand County, Utah. The Utah Governor's 
Office of Economic Development commented and offered monetary 
assistance with building a campground in the Klondike Bluffs area to 
enhance the quality of the world-class recreation opportunities.

[[Page 46271]]

III. Discussion

The BLM Moab Field Office

    The BLM Moab Field Office has jurisdiction from 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 Moab Field Office are a domestic and 
international tourist destination hosting three million visitors per 
year. The Moab Field Office manages 45 developed campgrounds.
    The proposed supplementary rules are critical for continuing to 
provide sustainable camping opportunities, public health and safety, 
reducing visitor conflicts, and protecting natural and cultural 
resources on public lands. The supplementary rules already in place 
have been effective in providing for visitor health and safety and 
protecting cultural and natural resources while improving the visitor 
experience. The proposed rules would supplement existing rules by 
providing protection to an additional high visitation area managed by 
the Moab Field Office.
    The proposed rules regarding camping, human waste, and wood 
gathering would cover the Klondike Bluffs Mountain Bike Focus Area and 
a nearby 160-acre public land parcel (for a total of 14,786 acres) that 
has become increasingly popular as the Klondike Bluffs Mountain Bike 
Trail System has been developed. The restrictions are directly related 
to the degradation of natural resources, health and safety issues posed 
by the presence of human waste, and unsustainable levels of high-
density camping use where no facilities exist to mitigate visitor 
impacts.
    The reasoning for each rule is addressed below.
    1. Proposed rule: You must camp at a designated site.
    This proposed rule would apply to the Klondike Bluffs Mountain Bike 
Focus Area and a nearby 160-acre parcel where dispersed camping is 
degrading natural, visual, and wildlife resources while causing risks 
to human health. The affected area, which is enumerated in the Proposed 
Supplementary Rules section, reflects the recreation management 
decision (REC-6) in the 2008 Moab Resource Management Plan (RMP) to 
limit dispersed camping as visitation impacts and environmental 
conditions warrant.
    2. Proposed rule: You must use a constructed toilet or possess, set 
up for usage, and use a portable toilet to dispose of solid human 
waste. 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. These risks are 
amplified in high-visitation areas and must be mitigated by specifying 
the methods of disposal. This rule would apply to the Klondike Bluffs 
Mountain Bike Focus Area and the nearby 160-acre parcel because the 
area experiences a very high level of visitation.
    3. Proposed rule: You must not cut, gather, or collect wood.
    Wood gathering depletes an already sparse supply of woody 
vegetation that is not readily replaced in the desert environment. As 
with camping and human waste, the Klondike Bluffs Area is 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 to 
protect the sensitive desert ecology, wood cutting, gathering, and 
collecting in the Klondike Bluffs area would be prohibited.

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, 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 
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 EA #DOI-BLM-UT-Y010-2019-0021-EA. They would establish 
rules of camping conduct for public use of public lands managed by the 
Moab Field Office in order to protect public health, safety and natural 
and cultural resources. The approved EA is available for review at the 
physical and on-line locations identified in the ADDRESSES section.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act (RFA) of 1980, as 
amended (5 U.S.C. 601-612) to ensure that Government regulations do not 
unnecessarily or disproportionately burden small entities. The RFA 
requires a regulatory flexibility analysis if a rule would have a 
significant economic impact, either detrimental or beneficial, on a 
substantial number of small entities. These proposed supplementary 
rules would merely establish rules of conduct for public use on a 
limited area of public lands. Therefore, the BLM has determined 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

[[Page 46272]]

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 for a 
limited area of public lands and would not affect anyone's property 
rights. Therefore, the Department of the Interior has determined 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 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 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 RMP and the EA which form the basis for the proposed 
rules. Tribal consultation was also undertaken on EA #DOI-BLM-UT-Y010-
2019-0021-EA. The two Tribes who responded (the Hopi and the Southern 
Ute) fully concurred with the proposed action to limit camping to 
designated sites.

Energy Supply, Distribution, or Use

    Under Executive Order 13211, the BLM has determined the proposed 
supplementary rules would not comprise a significant energy action, and 
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 Kathleen 
Stevens, Outdoor Recreation Planner, BLM Moab Field Office, 82 East 
Dogwood Avenue, Moab, UT 84532.

V. Proposed Supplementary Rules for the BLM Moab Field Office

    For the reasons stated in the preamble, and under the authorities 
for supplementary rules found at 43 U.S.C. 1740, 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
    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.
    Klondike Bluffs Mountain Bike Focus Area: Public land located east 
of U.S. Highway 191, west of Arches National Park, north of the Dalton 
Wells Road and south of the block of state land near Interstate 70. A 
map of the area can be viewed at the Moab Field Office or in the 
Klondike Bluffs EA.
    Portable Toilet: (1) A containerized and reusable system; (2) A 
commercially available biodegradable system that is landfill disposable 
(e.g., Rest Stop, Go-Anywhere Toilet Kit or ``WAG bag''); or (3) A 
washable, reusable toilet within a camper, trailer or motor home.
    The following rules apply to the Klondike Bluffs Mountain Bike 
Focus Area and a nearby 160-acre parcel:
    (1) You must camp at a designated site.
    (2) You must not dispose of human waste in any other container than 
a portable or constructed toilet.
    (3) You must not cut, gather, or collect wood.

Penalties

    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.

Gregory Sheehan,
Bureau of Land Management, State Director, Utah.
[FR Doc. 2021-17704 Filed 8-17-21; 8:45 am]
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