Notice of Proposed Supplementary Rule for Canyons of the Ancients National Monument in Dolores and Montezuma Counties, CO, 20449-20453 [2023-06806]
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Federal Register / Vol. 88, No. 66 / Thursday, April 6, 2023 / Proposed Rules
List of Subjects in 40 CFR Part 52
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J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies
to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
42 U.S.C 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to review state choices and
approve those choices if they meet the
minimum criteria of the Act.
Accordingly, this proposed action
partially approves and partially
disapproves state law as meeting federal
requirements and does not impose
additional requirements beyond those
imposed by state law.
The air agency did not evaluate EJ
considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
EPA did not perform an EJ analysis and
did not consider EJ in this action. Due
to the nature of the action being taken
here, this action is expected to have a
neutral to positive impact on the air
quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving EJ for people of color, lowincome populations, and Indigenous
peoples.
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Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 30, 2023.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2023–07107 Filed 4–5–23; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
20449
Supplementary Rule’’ in the subject
line.
FOR FURTHER INFORMATION CONTACT:
Tyler Fouss, Field Staff Ranger, Bureau
of Land Management, Tres Rios Field
Office, 29211 Hwy. 184, Dolores, CO
81323; telephone (970) 882–1131; email:
tfouss@blm.gov. Individuals in the
United States who are deaf, deafblind,
hard of hearing, or have a speech
disability may dial 711 (TTY, TDD, or
TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background
III. Discussion
IV. Procedural Matters
V. Proposed Supplementary Rule
Bureau of Land Management
43 CFR Part 8360
[BLM_CO_FRN_MO4500169724]
I. Public Comment Procedures
Notice of Proposed Supplementary
Rule for Canyons of the Ancients
National Monument in Dolores and
Montezuma Counties, CO
Written comments on the proposed
supplementary rule should be specific,
confined to issues pertinent to the
proposed supplementary rule, and
should explain the reason for any
recommended change. Where possible,
comments should reference the specific
section or paragraph of the rule that the
comment is addressing.
Comments, including names,
addresses, and other contact
information of respondents, will be
available for public review at the BLM
CANM address listed (see ADDRESSES
Section) during regular business hours.
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, be aware that your entire
comment—including 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.
Bureau of Land Management,
Interior.
ACTION: Proposed supplementary rule.
AGENCY:
The Bureau of Land
Management (BLM) is proposing a
supplementary rule to regulate conduct
on public lands within Canyons of the
Ancients National Monument (CANM or
Monument). This proposed
supplementary rule is needed to
implement planning decisions in the
2010 CANM Resource Management Plan
(RMP). The proposed supplementary
rule would provide for the protection of
persons, property, and public-land
resources administered by the BLM’s
Tres Rios Field Office and CANM,
located in Dolores and Montezuma
Counties, Colorado.
DATES: Comments on the proposed
supplementary rule must be received or
postmarked by June 5, 2023. Comments
submitted after the close of the
comment period or delivered to an
address other than the one listed in this
notice may not be considered or
included in the administrative record
for the development of the final
supplementary rule.
ADDRESSES: Please send comments to
the Bureau of Land Management,
Canyons of the Ancients National
Monument, 27501 Highway 184,
Dolores, CO 81323; by fax to (970) 385–
3228, or email comments to tfouss@
blm.gov. Please include ‘‘Proposed
SUMMARY:
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II. Background
The BLM proposes to establish this
supplementary rule under the authority
of 43 CFR 8365.1–6, which authorizes
BLM State Directors to establish
supplementary rules for the protection
of persons, property, and public lands
and resources.
CANM is part of the BLM’s National
Conservation Lands and consists of
approximately 178,000 acres of BLMadministered public lands located in
Dolores and Montezuma Counties in the
Four Corners region of southwestern
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Colorado. President Clinton established
CANM on June 9, 2000, by Presidential
Proclamation Number 7317, pursuant to
Section 2 of the Antiquities Act of 1906
(34 Stat. 225, 16 U.S.C. 431), to preserve
the cultural and natural objects of the
Monument. Prior to the Proclamation,
CANM was managed as the Anasazi
Culture Multiple Use Area of Critical
Environmental Concern, established
through the 1985 San Juan-San Miguel
RMP Record of Decision (ROD).
The BLM developed the CANM RMP
with extensive input from the public,
Tribes, and elected officials through
scoping, opportunities for public
comment, and advisory committee
meetings.
The BLM signed the CANM RMP and
ROD in June 2010, replacing portions of
the San Juan-San Miguel RMP/ROD and
incorporating the management
principles and policies found in the
Presidential Proclamation establishing
CANM. The CANM RMP identifies
specific management actions that
restrict certain activities and define
allowable uses within CANM. The
proposed supplementary rule would
implement these management actions
and make them enforceable.
This proposed supplementary rule
would implement the management
decisions in the CANM RMP related to
collecting geological and biological
materials, recreational sporting
activities, camping, and travel
management. Within the Sand CanyonRock Creek Special Recreation
Management Area (SRMA), activities
such as hiking, mountain biking, and
horseback riding and packing would be
allowed only on designated travel
routes, as provided in the CANM RMP.
III. Discussion of the Proposed
Supplementary Rule
This is the first time the BLM has
proposed a supplementary rule for
CANM.
The purpose of the proposed
supplementary rule is to protect public
health and safety and prevent damage to
natural and cultural resources, as well
as other resources, objects, and values
identified in the Proclamation and the
CANM RMP. Certain activities, by their
very nature, have the potential to
adversely impact the resources and
objects the Monument was established
to protect. The CANM RMP contains
management actions directing how the
BLM manages those activities,
consistent with the Proclamation. Many
uses are permissible so long as the
objects of the Monument are protected.
Additionally, the average user is
unlikely to notice changes resulting
from the establishment of this
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supplementary rule implementing the
CANM RMP.
The Proclamation established CANM
to protect resources, objects, and values
including archaeology, geology, raptors
and other bird species, and reptiles.
CANM contains the highest density of
archaeological sites in the United States,
with an average of one site eligible for
listing on the National Register of
Historic Places every 6 acres, or an
estimated 30,000 sites on this
landscape. The BLM is responsible for
protecting all the resources for which
the Monument was designated and for
avoiding or minimizing impacts to
them.
Proposed supplementary rule
numbers 1 through 4 address collecting
resources on CANM. The Monument
Proclamation prohibits appropriating,
injuring, destroying, or removing
Monument features and withdraws the
lands and interests in lands from entry,
location, and disposition under the
public land laws, including the mining
laws, except for certain oil and gas
development activities. The CANM
RMP more specifically prohibits the
recreational collection of
paleontological or geological resources,
the scientific collection of
paleontological or geological resources
without a permit, and the cutting or
gathering of firewood. Proposed
supplementary rule numbers 1 through
3 would allow enforcement of these
restrictions.
The CANM RMP restricts pinyon pine
nut harvesting to 22.5 pounds for
personal or traditional use and prohibits
commercial harvesting. Proposed
supplementary rule number 4 would
allow enforcement of these limitations.
Proposed supplementary rule number
5 addresses recreational target shooting
within CANM. The RMP prohibits
recreational shooting within CANM due
to the potential for damage to
archaeological sites, particularly rock
art. In the past, shooters have used
native vegetation, as well as skeet litter
and discarded appliances, for target
practice. This proposed supplementary
rule would prohibit recreational
shooting. Because the Proclamation
does not enlarge or diminish the State’s
jurisdiction over wildlife management,
hunting with a valid Colorado hunting
license is allowed within the
Monument, to the extent permissible
under State law.
Proposed supplementary rule number
6 addresses geocaching within CANM.
The CANM RMP prohibits geocaching
due to the potential for irrevocable harm
to objects in the Monument’s
archaeological sites. A common problem
with this activity is geocachers use the
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Monument’s archaeological sites to
conceal items, or caches, as part of a
quasi-treasure hunt. Geocachers often
camouflage their caches by moving
rocks or organic material from their
original site, which can significantly
damage the site’s archaeological values.
The large number of potential cache
sites within the Monument makes this
a serious concern. Proposed
supplementary rule number 6 would
prohibit geocaching and similar
activities.
Proposed supplementary rule number
7 addresses rock climbing within
CANM. This proposed supplementary
rule would prohibit rock climbing,
rappelling, and bouldering within the
Monument except for areas designated
as open to climbing within the
Mockingbird Mesa Recreation Area
Management Zone. Climbing and
bouldering have the potential to
adversely affect archaeological sites and
nesting raptors in certain locations.
Climbing to cliff dwellings on unstable
slopes can be dangerous and undermine
archaeological features. Scrambling up
cliffs also can be a safety issue due to
unstable geological formations. Natural
oils from hands, climbing chalk, and
permanent fixed hardware on climbing
routes can cause irreversible impacts to
archaeological sites. Furthermore,
climbing activities are likely to disturb
or displace raptor populations,
especially nesting pairs, that reside in
the Monument in high densities.
Currently, one area within the
Mockingbird Mesa Recreation Area
Management Zone is designated as open
to climbing. The BLM may, consistent
with the CANM RMP, consider
establishing additional climbing areas
within this zone in the future.
Proposed supplementary rule
numbers 8 through 14 address camping
and campfires within CANM to provide
a more enjoyable experience for visitors
and to limit impacts from higher
visitation in specific management zones
and developed recreation sites.
The CANM RMP prohibits camping in
or near sensitive resources and areas
that experience the highest visitor use in
the Monument. This prohibition is
necessary to minimize impacts camping
could cause to those resources,
including the potential for the illegal
collecting or moving of artifacts, the
compromising of scientific research, and
the contamination of the archaeological
record. Proposed supplementary rule
numbers 8, 9, and 11 would allow
enforcement of these prohibitions.
Proposed supplementary rule number
10 would require campsites to be
located at least 300 feet away from
riparian areas and the Monument’s
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limited water sources, to reduce stress
on the wildlife that rely on them.
Proposed supplementary rule
numbers 12 and 13 would prohibit
campfires in and near sensitive
resources and the Monument’s high
visitor use areas.
In areas where campfires are allowed,
proposed supplementary rule number
14 would require fires only be built in
firepans, or, if available, BLM-provided
fire rings.
Proposed supplementary rule
numbers 15 through 20 address travel
management and access within CANM,
consistent with the CANM RMP. Access
restrictions and trail designations in the
Monument help preserve key scenic,
cultural, and wildlife habitat resources
that attract visitors to these public lands
and minimize conflicts among the
different types of users. Proposed
supplementary rule number 15 would
restrict mechanized travel to designated
travel routes.
BLM policy directs Wilderness Study
Areas (WSA) be managed to prevent the
impairment of their wilderness
characteristics, and the CANM RMP
designates no routes for motorized or
mechanized travel in WSAs.
Proposed supplementary rule number
16 would prohibit motorized or
mechanized vehicles in WSAs.
Proposed supplementary rule
numbers 17 and 18 would prohibit
parking in riparian areas, more than 20
feet from the edge of a designated travel
route, or in a manner that would
damage Monument resources.
To protect cultural resources in the
Sand Canyon-Rock Creek SRMA, which
is the most highly visited recreation area
in the Monument, the CANM RMP
restricts hiking and horseback riding/
packing to designated travel routes
approved for their use.
Proposed supplementary rule
numbers 19 and 20 would allow
enforcement of these restrictions.
Horses, pack animals, and hikers would
be allowed both on and off designated
travel routes on the remaining 169,000
acres of the Monument outside of the
SRMA.
IV. Procedural Matters
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Executive Order 12866, Regulatory
Planning and Review
This proposed supplementary rule is
not a significant regulatory action and is
not subject to review by the Office of
Management and Budget under
Executive Order 12866. This proposed
supplementary rule would not have an
annual effect of $100 million or more on
the economy. It is not intended to affect
commercial activity, but rather to
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impose rules of conduct for public use
on a limited area of public lands. It
would not adversely affect, in a material
way, the economy, productivity,
competition, jobs, environment, public
health or safety, State, local, or Tribal
governments, or communities. This
proposed supplementary rule would not
create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency.
The rule would not materially alter
the budgetary effects of entitlements,
grants, user fees, or loan programs or the
rights or obligations of their recipients;
nor would it raise novel legal or policy
issues. It merely strives to protect public
safety and the environment.
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. This proposed supplementary
rule would merely establish rules of
conduct for public use of a limited area
of public lands. Therefore, the BLM has
determined under the RFA this
proposed supplementary rule would not
have a significant economic impact on
a substantial number of small entities.
Congressional Review Act
This proposed supplementary rule
does not constitute a ‘‘major rule’’ as
defined at 5 U.S.C. 804(2). It would not
have an annual effect on the economy
of $100 million or more. This proposed
supplementary rule would merely
establish rules of conduct for public use
of a limited area of public lands.
Unfunded Mandates Reform Act
This proposed supplementary rule
would not impose an unfunded
mandate on State, local, or Tribal
governments in the aggregate, or the
private sector, of more than $100
million per year, nor would they have
a significant or unique effect on small
governments. This proposed
supplementary rule would merely
impose reasonable rules of conduct on
public lands in Colorado to protect
natural resources and public 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.
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20451
Executive Order 12630, Governmental
Actions and Interference With
Constitutionally Protected Property
Rights (Takings)
This proposed supplementary rule is
not a government action capable of
interfering with constitutionally
protected property rights. This proposed
supplementary rule does not address
property rights in any form and would
not cause the impairment of
constitutionally protected property
rights. Therefore, the BLM has
determined this proposed
supplementary rule would not cause a
‘‘taking’’ of private property or require
further discussion of takings
implications under this Executive
Order.
Executive Order 13132, Federalism
This proposed supplementary rule
would not have a substantial direct
effect on the States, on the relationship
between the Federal Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. This
proposed supplementary rule would not
conflict with any State law or
regulation. Therefore, in accordance
with Executive Order 13132, the BLM
has determined this proposed
supplementary rule does 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 this proposed
supplementary rule would not unduly
burden the judicial system and the
requirements of sections 3(a) and 3(b)(2)
of the Order are met.
Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
In accordance with Executive Order
13175, the BLM has determined this
proposed supplementary rule does 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 American Indian
tribes or U.S. Government-owned lands
managed by the Bureau of Indian
Affairs. Since this supplementary rule
would not involve Indian reservation
lands or resources, the BLM has
determined government-to-government
relationships remain unaffected. This
proposed supplementary rule would
merely establish rules of conduct for
public use of a limited area of public
lands.
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Paperwork Reduction Act
This proposed supplementary rule
does not contain information collection
requirements the Office of Management
and Budget must approve under the
Paperwork Reduction Act of 1995, 44
U.S.C. 3501–3521.
National Environmental Policy Act
The BLM published its CANM Draft
RMP/Draft Environmental Impact
Statement (EIS) in October 2007, which
incorporated analysis and input
provided by the public; local, State, and
other Federal agencies and
organizations; Native American tribes;
cooperating agencies; and BLM staff.
After considering public comments and
additional input, analysis, and review,
the BLM published its CANM Proposed
RMP/Final EIS in July 2009. The BLM
signed the CANM RMP and ROD in June
2010, after full consideration of
alternatives and analysis of public
input. The CANM RMP seeks to provide
an optimal balance between authorized
resource uses and the protection and
long-term sustainability of sensitive
cultural and natural resource values
within the planning area, consistent
with the Proclamation. This proposed
supplementary rule would allow the
BLM to implement the measures
approved in the CANM RMP and to
enforce decisions developed to protect
public health and safety and public
lands within CANM. This proposed
supplementary rule would not change
the decisions set forth in the CANM
RMP.
On November 18, 2020, the BLM
completed a Determination of NEPA
Adequacy for the proposed CANM
supplementary rule. The BLM
confirmed the NEPA analysis contained
in the Final EIS for the CANM RMP was
sufficient to inform its consideration of
the proposed supplementary rule.
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Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This proposed supplementary rule
does not comprise a significant energy
action. This proposed supplementary
rule would not have an adverse effect on
energy supply, production, or
consumption and have no connection
with energy policy.
Information Quality Act
In developing this proposed
supplementary rule, 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).
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Executive Order 13352, Facilitation of
Cooperative Conservation
In accordance with Executive Order
13352, the BLM has determined this
proposed supplementary rule 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 programs,
projects, and activities are consistent
with protecting public health and safety.
Clarity of This Supplementary Rule
Executive Order 12866 requires each
agency to write regulations that are
simple and easy to understand. The
BLM invites your comments on how to
make this proposed supplementary rule
easier to understand, including answers
to questions, such as the following:
1. Are the requirements in the
proposed supplementary rule clearly
stated?
2. Does the proposed supplementary
rule contain technical language or
jargon that interferes with their clarity?
3. Does the format of the proposed
supplementary rule (grouping and order
of sections, use of headings,
paragraphing, etc.) aid or reduce their
clarity?
4. Would the proposed supplementary
rule be easier to understand if it were
divided into more (but shorter) sections?
5. Is the description of the proposed
supplementary rule in the
SUPPLEMENTARY INFORMATION section of
this preamble helpful in understanding
the proposed supplementary rule? How
could this description be more helpful
in making the proposed supplementary
rule easier to understand?
Please send any comments you may
have on the clarity of the proposed
supplementary rule to the address
specified in the ADDRESSES section.
Author
The principal author of this proposed
supplementary rule is Tyler Fouss, Field
Staff Ranger, Tres Rios Field Office,
Colorado.
V. Proposed Supplementary Rule
For the reasons stated in the
preamble, and under the authority for
supplementary rules at 43 U.S.C. 1733a
and 1740, 43 U.S.C. 315a, and 43 CFR
8365.1–6, the BLM Colorado State
Director proposes a supplementary rule
for public lands managed by the BLM in
CANM, to read as follows:
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Proposed Supplementary Rule for
Canyons of the Ancients National
Monument (CANM)
Definitions
Archaeological Site is a physical
context and location containing material
remains that evince past human activity
and allow for its interpretation. Within
CANM, these material remains may
include, but are not limited to, historic
and prehistoric structures, features, rock
art, shrines, burials, quarries, artifact
concentrations, and occupied rock
alcoves.
Bouldering means any style of rock
climbing undertaken without a rope.
Campfire means any outdoor fire used
for warmth or cooking.
Camping means the erecting of a tent
or shelter of natural or synthetic
material, preparing a sleeping bag or
other bedding material for use, parking
of a motor vehicle, motor home or
trailer, or mooring of a vessel, for the
apparent purpose of overnight
occupancy.
Commercial use means for the
purpose of financial gain.
Designated travel route means roads,
primitive roads, and trails open to
specified modes of travel and identified
on a map of designated roads, primitive
roads, and trails that is maintained and
available for public inspection at the
BLM. Designated roads, primitive roads,
and trails are open to public use in
accordance with such limits and
restrictions as are, or may be, specified
in the CANM RMP or travel
management plan, or in future decisions
implementing the RMP. This definition
excludes any road or trail with BLMauthorized restrictions that prevent use
of the road or trail. Restrictions may
include signs or physical barriers such
as gates, fences, posts, branches, or
rocks.
Geocaching means an outdoor
recreational activity in which the
participants use a Global Positioning
System receiver or other navigational
techniques to hide and seek containers
called ‘‘geocaches’’ or ‘‘caches.’’
Mechanized vehicle means any device
propelled solely by human power, upon
which a person, or persons, may ride on
land, having any wheels and/or tracks
with the exception of a wheelchair.
Public lands means any land or
interest in land owned by the United
States and administered by the
Secretary of the Interior through the
BLM without regard to how the United
States acquired ownership.
Riparian area means lands that are
located along watercourses and water
bodies. Typical examples include flood
plains and streambanks. They are
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distinctly different from surrounding
lands because of unique soil and
vegetation characteristics that are
strongly influenced by the presence of
water.
Special Recreation Management Area
(SRMA) means an administrative unit
where the existing or proposed
recreation opportunities and recreation
setting characteristics are recognized for
their unique value, importance, or
distinctiveness, especially as compared
to other areas used for recreation.
Target shooting means discharging a
weapon for recreational purposes when
game animals are not being legally
hunted.
Weapon means any firearm, cross
bow, bow and arrow, paint gun,
fireworks, or explosive device capable
of propelling a projectile either by
means of an explosion, compressed gas,
or by string or spring.
Wilderness Study Area (WSA) means
an area inventoried, found to have
wilderness characteristics, and managed
to preserve those characteristics under
authority of (a) the land use planning
direction found in Section 202 of the
Federal Land Policy and Management
Act of 1976 (FLPMA), or (b) the review
of public lands required by Section 603
of FLPMA. WSAs identified during the
land use planning process (Section 202
of FLPMA) and prior to 1993 were
forwarded to Congress; those identified
during or after 1993 were not.
Prohibited Acts
Unless otherwise authorized, the
following acts are prohibited on all
public lands, roads, trails, and
waterways administered by the BLM
within CANM:
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1. You must not collect fossils of any
kind, including vertebrate, invertebrate,
plant, or trace fossils, unless authorized
by permit.
2. Unless otherwise permitted under
applicable law, you must not collect or
remove any rock, mineral specimen,
semiprecious gemstone, or petrified
wood.
3. You must not cut or collect live,
dead, or downed wood.
4. You must not harvest more than
22.5 pounds of pinyon pine nuts for
personal use. You must not harvest
pinyon pine nuts for commercial use.
Target Shooting
5. You must not discharge any
weapon within the Monument, except
in accordance with State law when
hunting with a valid Colorado hunting
license.
17:16 Apr 05, 2023
Jkt 259001
6. You must not engage in any cachetype activities (including geocaching
and earth caching).
Climbing and Bouldering
7. You must not participate in
climbing, including rock climbing,
rappelling, or bouldering outside of
designated climbing areas.
Camping and Campfires
8. You must not camp in the Pueblo
Sites SRMA (Painted Hand Pueblo,
Lowry Pueblo, and Sand Canyon
Pueblo), in the Sand Canyon-Rock Creek
SRMA, or in the Anasazi Heritage
Center SRMA.
9. You must not camp within 300 feet
of a developed recreation site/area.
10. You must not camp within 300
feet of a riparian area or water source.
11. You must not camp in
archaeological sites, rock shelters, or
alcoves.
12. You must not ignite or maintain
a campfire in the Pueblo Sites SRMA
(Painted Hand Pueblo, Lowry Pueblo,
and Sand Canyon Pueblo), Sand
Canyon-Rock Creek SRMA, or Anasazi
Heritage Center SRMA.
13. You must not ignite or maintain
a campfire in archaeological sites, rock
shelters, or alcoves.
14. You must use a fire pan for
campfires or charcoal fires when a metal
fire ring is not provided or unless using
a mechanical stove or other appliance
fueled by gas and equipped with a valve
that allows the operator to control the
flame.
designated travel routes throughout the
remainder of the Monument.
20. Within the Sand Canyon-Rock
Creek SRMA (as defined in the CANM
RMP), you must not hike on any route,
trail, or area not designated as open to
such use by a BLM sign, map, or the
appropriate travel management plan.
Hiking is allowed both on and off
designated travel routes throughout the
remainder of the Monument.
Exemptions
The following persons are exempt
from this supplementary rule: Federal,
State, local or military employees acting
within the scope of their duties;
members of any organized law
enforcement, rescue, or fire-fighting
force in performance of an official duty;
and any person, agency, or municipality
whose activities are authorized in
writing by the Canyons of the Ancients
National Monument Manager.
Enforcement
Any person who violates any part of
this supplementary rule may be tried
before a United States Magistrate and
fined up to $1,000, imprisoned no more
than 12 months, or both, in accordance
with 43 U.S.C. 1733(a), 18 U.S.C. 3571,
and 43 CFR 8360.0–7. In accordance
with 43 CFR 8365.1–7, State or local
officials may also impose penalties for
violations of Colorado or local law.
Douglas Vilsack,
Colorado State Director, Bureau of Land
Management.
[FR Doc. 2023–06806 Filed 4–5–23; 8:45 am]
BILLING CODE 4331–16–P
Travel Management
Collection of Resources
VerDate Sep<11>2014
Geocaching
20453
15. You must not operate or possess
a mechanized vehicle on any route,
trail, or area that is not designated as
open to such use by a BLM sign, map,
or the appropriate travel management
plan, unless you have specific
authorization from the BLM.
16. You must not operate or possess
a motorized or mechanized vehicle in
any Wilderness Study Area.
17. You must not park more than 20
feet from the edge of a designated travel
route or in a manner that causes
resource damage.
18. You must not park in riparian
areas.
19. Within the Sand Canyon-Rock
Creek SRMA (as defined in the CANM
RMP), you must not ride or be in
possession of horses or other pack
animals on any route, trail, or area not
designated as open to such use by a
BLM sign, map, or the appropriate travel
management plan. Horses and pack
animals are allowed both on and off
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
RIN 0648–BL56
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Fishery
Management Plans of Puerto Rico, St.
Croix, and St. Thomas and St. John;
Amendments 1
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Announcement of availability of
fishery management plan amendments;
request for comments.
AGENCY:
The Caribbean Fishery
Management Council (Council) has
submitted Amendment 1 to the Puerto
SUMMARY:
E:\FR\FM\06APP1.SGM
06APP1
Agencies
[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Proposed Rules]
[Pages 20449-20453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06806]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8360
[BLM_CO_FRN_MO4500169724]
Notice of Proposed Supplementary Rule for Canyons of the Ancients
National Monument in Dolores and Montezuma Counties, CO
AGENCY: Bureau of Land Management, Interior.
ACTION: Proposed supplementary rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) is proposing a
supplementary rule to regulate conduct on public lands within Canyons
of the Ancients National Monument (CANM or Monument). This proposed
supplementary rule is needed to implement planning decisions in the
2010 CANM Resource Management Plan (RMP). The proposed supplementary
rule would provide for the protection of persons, property, and public-
land resources administered by the BLM's Tres Rios Field Office and
CANM, located in Dolores and Montezuma Counties, Colorado.
DATES: Comments on the proposed supplementary rule must be received or
postmarked by June 5, 2023. Comments submitted after the close of the
comment period or delivered to an address other than the one listed in
this notice may not be considered or included in the administrative
record for the development of the final supplementary rule.
ADDRESSES: Please send comments to the Bureau of Land Management,
Canyons of the Ancients National Monument, 27501 Highway 184, Dolores,
CO 81323; by fax to (970) 385-3228, or email comments to
[email protected]. Please include ``Proposed Supplementary Rule'' in the
subject line.
FOR FURTHER INFORMATION CONTACT: Tyler Fouss, Field Staff Ranger,
Bureau of Land Management, Tres Rios Field Office, 29211 Hwy. 184,
Dolores, CO 81323; telephone (970) 882-1131; email: [email protected].
Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background
III. Discussion
IV. Procedural Matters
V. Proposed Supplementary Rule
I. Public Comment Procedures
Written comments on the proposed supplementary rule should be
specific, confined to issues pertinent to the proposed supplementary
rule, and should explain the reason for any recommended change. Where
possible, comments should reference the specific section or paragraph
of the rule that the comment is addressing.
Comments, including names, addresses, and other contact information
of respondents, will be available for public review at the BLM CANM
address listed (see ADDRESSES Section) during regular business hours.
Before including your address, phone number, email address, or
other personal identifying information in your comment, be aware that
your entire comment--including 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
The BLM proposes to establish this supplementary rule under the
authority of 43 CFR 8365.1-6, which authorizes BLM State Directors to
establish supplementary rules for the protection of persons, property,
and public lands and resources.
CANM is part of the BLM's National Conservation Lands and consists
of approximately 178,000 acres of BLM-administered public lands located
in Dolores and Montezuma Counties in the Four Corners region of
southwestern
[[Page 20450]]
Colorado. President Clinton established CANM on June 9, 2000, by
Presidential Proclamation Number 7317, pursuant to Section 2 of the
Antiquities Act of 1906 (34 Stat. 225, 16 U.S.C. 431), to preserve the
cultural and natural objects of the Monument. Prior to the
Proclamation, CANM was managed as the Anasazi Culture Multiple Use Area
of Critical Environmental Concern, established through the 1985 San
Juan-San Miguel RMP Record of Decision (ROD).
The BLM developed the CANM RMP with extensive input from the
public, Tribes, and elected officials through scoping, opportunities
for public comment, and advisory committee meetings.
The BLM signed the CANM RMP and ROD in June 2010, replacing
portions of the San Juan-San Miguel RMP/ROD and incorporating the
management principles and policies found in the Presidential
Proclamation establishing CANM. The CANM RMP identifies specific
management actions that restrict certain activities and define
allowable uses within CANM. The proposed supplementary rule would
implement these management actions and make them enforceable.
This proposed supplementary rule would implement the management
decisions in the CANM RMP related to collecting geological and
biological materials, recreational sporting activities, camping, and
travel management. Within the Sand Canyon-Rock Creek Special Recreation
Management Area (SRMA), activities such as hiking, mountain biking, and
horseback riding and packing would be allowed only on designated travel
routes, as provided in the CANM RMP.
III. Discussion of the Proposed Supplementary Rule
This is the first time the BLM has proposed a supplementary rule
for CANM.
The purpose of the proposed supplementary rule is to protect public
health and safety and prevent damage to natural and cultural resources,
as well as other resources, objects, and values identified in the
Proclamation and the CANM RMP. Certain activities, by their very
nature, have the potential to adversely impact the resources and
objects the Monument was established to protect. The CANM RMP contains
management actions directing how the BLM manages those activities,
consistent with the Proclamation. Many uses are permissible so long as
the objects of the Monument are protected. Additionally, the average
user is unlikely to notice changes resulting from the establishment of
this supplementary rule implementing the CANM RMP.
The Proclamation established CANM to protect resources, objects,
and values including archaeology, geology, raptors and other bird
species, and reptiles. CANM contains the highest density of
archaeological sites in the United States, with an average of one site
eligible for listing on the National Register of Historic Places every
6 acres, or an estimated 30,000 sites on this landscape. The BLM is
responsible for protecting all the resources for which the Monument was
designated and for avoiding or minimizing impacts to them.
Proposed supplementary rule numbers 1 through 4 address collecting
resources on CANM. The Monument Proclamation prohibits appropriating,
injuring, destroying, or removing Monument features and withdraws the
lands and interests in lands from entry, location, and disposition
under the public land laws, including the mining laws, except for
certain oil and gas development activities. The CANM RMP more
specifically prohibits the recreational collection of paleontological
or geological resources, the scientific collection of paleontological
or geological resources without a permit, and the cutting or gathering
of firewood. Proposed supplementary rule numbers 1 through 3 would
allow enforcement of these restrictions.
The CANM RMP restricts pinyon pine nut harvesting to 22.5 pounds
for personal or traditional use and prohibits commercial harvesting.
Proposed supplementary rule number 4 would allow enforcement of these
limitations.
Proposed supplementary rule number 5 addresses recreational target
shooting within CANM. The RMP prohibits recreational shooting within
CANM due to the potential for damage to archaeological sites,
particularly rock art. In the past, shooters have used native
vegetation, as well as skeet litter and discarded appliances, for
target practice. This proposed supplementary rule would prohibit
recreational shooting. Because the Proclamation does not enlarge or
diminish the State's jurisdiction over wildlife management, hunting
with a valid Colorado hunting license is allowed within the Monument,
to the extent permissible under State law.
Proposed supplementary rule number 6 addresses geocaching within
CANM. The CANM RMP prohibits geocaching due to the potential for
irrevocable harm to objects in the Monument's archaeological sites. A
common problem with this activity is geocachers use the Monument's
archaeological sites to conceal items, or caches, as part of a quasi-
treasure hunt. Geocachers often camouflage their caches by moving rocks
or organic material from their original site, which can significantly
damage the site's archaeological values. The large number of potential
cache sites within the Monument makes this a serious concern. Proposed
supplementary rule number 6 would prohibit geocaching and similar
activities.
Proposed supplementary rule number 7 addresses rock climbing within
CANM. This proposed supplementary rule would prohibit rock climbing,
rappelling, and bouldering within the Monument except for areas
designated as open to climbing within the Mockingbird Mesa Recreation
Area Management Zone. Climbing and bouldering have the potential to
adversely affect archaeological sites and nesting raptors in certain
locations. Climbing to cliff dwellings on unstable slopes can be
dangerous and undermine archaeological features. Scrambling up cliffs
also can be a safety issue due to unstable geological formations.
Natural oils from hands, climbing chalk, and permanent fixed hardware
on climbing routes can cause irreversible impacts to archaeological
sites. Furthermore, climbing activities are likely to disturb or
displace raptor populations, especially nesting pairs, that reside in
the Monument in high densities. Currently, one area within the
Mockingbird Mesa Recreation Area Management Zone is designated as open
to climbing. The BLM may, consistent with the CANM RMP, consider
establishing additional climbing areas within this zone in the future.
Proposed supplementary rule numbers 8 through 14 address camping
and campfires within CANM to provide a more enjoyable experience for
visitors and to limit impacts from higher visitation in specific
management zones and developed recreation sites.
The CANM RMP prohibits camping in or near sensitive resources and
areas that experience the highest visitor use in the Monument. This
prohibition is necessary to minimize impacts camping could cause to
those resources, including the potential for the illegal collecting or
moving of artifacts, the compromising of scientific research, and the
contamination of the archaeological record. Proposed supplementary rule
numbers 8, 9, and 11 would allow enforcement of these prohibitions.
Proposed supplementary rule number 10 would require campsites to be
located at least 300 feet away from riparian areas and the Monument's
[[Page 20451]]
limited water sources, to reduce stress on the wildlife that rely on
them.
Proposed supplementary rule numbers 12 and 13 would prohibit
campfires in and near sensitive resources and the Monument's high
visitor use areas.
In areas where campfires are allowed, proposed supplementary rule
number 14 would require fires only be built in firepans, or, if
available, BLM-provided fire rings.
Proposed supplementary rule numbers 15 through 20 address travel
management and access within CANM, consistent with the CANM RMP. Access
restrictions and trail designations in the Monument help preserve key
scenic, cultural, and wildlife habitat resources that attract visitors
to these public lands and minimize conflicts among the different types
of users. Proposed supplementary rule number 15 would restrict
mechanized travel to designated travel routes.
BLM policy directs Wilderness Study Areas (WSA) be managed to
prevent the impairment of their wilderness characteristics, and the
CANM RMP designates no routes for motorized or mechanized travel in
WSAs.
Proposed supplementary rule number 16 would prohibit motorized or
mechanized vehicles in WSAs.
Proposed supplementary rule numbers 17 and 18 would prohibit
parking in riparian areas, more than 20 feet from the edge of a
designated travel route, or in a manner that would damage Monument
resources.
To protect cultural resources in the Sand Canyon-Rock Creek SRMA,
which is the most highly visited recreation area in the Monument, the
CANM RMP restricts hiking and horseback riding/packing to designated
travel routes approved for their use.
Proposed supplementary rule numbers 19 and 20 would allow
enforcement of these restrictions. Horses, pack animals, and hikers
would be allowed both on and off designated travel routes on the
remaining 169,000 acres of the Monument outside of the SRMA.
IV. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
This proposed supplementary rule is not a significant regulatory
action and is not subject to review by the Office of Management and
Budget under Executive Order 12866. This proposed supplementary rule
would not have an annual effect of $100 million or more on the economy.
It is not intended to affect commercial activity, but rather to impose
rules of conduct for public use on a limited area of public lands. It
would not adversely affect, in a material way, the economy,
productivity, competition, jobs, environment, public health or safety,
State, local, or Tribal governments, or communities. This proposed
supplementary rule would not create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency.
The rule would not materially alter the budgetary effects of
entitlements, grants, user fees, or loan programs or the rights or
obligations of their recipients; nor would it raise novel legal or
policy issues. It merely strives to protect public safety and the
environment.
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. This proposed supplementary rule
would merely establish rules of conduct for public use of a limited
area of public lands. Therefore, the BLM has determined under the RFA
this proposed supplementary rule would not have a significant economic
impact on a substantial number of small entities.
Congressional Review Act
This proposed supplementary rule does not constitute a ``major
rule'' as defined at 5 U.S.C. 804(2). It would not have an annual
effect on the economy of $100 million or more. This proposed
supplementary rule would merely establish rules of conduct for public
use of a limited area of public lands.
Unfunded Mandates Reform Act
This proposed supplementary rule would not impose an unfunded
mandate on State, local, or Tribal governments in the aggregate, or the
private sector, of more than $100 million per year, nor would they have
a significant or unique effect on small governments. This proposed
supplementary rule would merely impose reasonable rules of conduct on
public lands in Colorado to protect natural resources and public
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)
This proposed supplementary rule is not a government action capable
of interfering with constitutionally protected property rights. This
proposed supplementary rule does not address property rights in any
form and would not cause the impairment of constitutionally protected
property rights. Therefore, the BLM has determined this proposed
supplementary rule would not cause a ``taking'' of private property or
require further discussion of takings implications under this Executive
Order.
Executive Order 13132, Federalism
This proposed supplementary rule would not have a substantial
direct effect on the States, on the relationship between the Federal
Government and the States, or on the distribution of power and
responsibilities among the various levels of government. This proposed
supplementary rule would not conflict with any State law or regulation.
Therefore, in accordance with Executive Order 13132, the BLM has
determined this proposed supplementary rule does 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 this proposed
supplementary rule would not unduly burden the judicial system and the
requirements of sections 3(a) and 3(b)(2) of the Order are met.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, the BLM has determined
this proposed supplementary rule does 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 American Indian tribes
or U.S. Government-owned lands managed by the Bureau of Indian Affairs.
Since this supplementary rule would not involve Indian reservation
lands or resources, the BLM has determined government-to-government
relationships remain unaffected. This proposed supplementary rule would
merely establish rules of conduct for public use of a limited area of
public lands.
[[Page 20452]]
Paperwork Reduction Act
This proposed supplementary rule does not contain information
collection requirements the Office of Management and Budget must
approve under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3521.
National Environmental Policy Act
The BLM published its CANM Draft RMP/Draft Environmental Impact
Statement (EIS) in October 2007, which incorporated analysis and input
provided by the public; local, State, and other Federal agencies and
organizations; Native American tribes; cooperating agencies; and BLM
staff. After considering public comments and additional input,
analysis, and review, the BLM published its CANM Proposed RMP/Final EIS
in July 2009. The BLM signed the CANM RMP and ROD in June 2010, after
full consideration of alternatives and analysis of public input. The
CANM RMP seeks to provide an optimal balance between authorized
resource uses and the protection and long-term sustainability of
sensitive cultural and natural resource values within the planning
area, consistent with the Proclamation. This proposed supplementary
rule would allow the BLM to implement the measures approved in the CANM
RMP and to enforce decisions developed to protect public health and
safety and public lands within CANM. This proposed supplementary rule
would not change the decisions set forth in the CANM RMP.
On November 18, 2020, the BLM completed a Determination of NEPA
Adequacy for the proposed CANM supplementary rule. The BLM confirmed
the NEPA analysis contained in the Final EIS for the CANM RMP was
sufficient to inform its consideration of the proposed supplementary
rule.
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This proposed supplementary rule does not comprise a significant
energy action. This proposed supplementary rule would not have an
adverse effect on energy supply, production, or consumption and have no
connection with energy policy.
Information Quality Act
In developing this proposed supplementary rule, 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 13352, Facilitation of Cooperative Conservation
In accordance with Executive Order 13352, the BLM has determined
this proposed supplementary rule 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 programs, projects, and activities are
consistent with protecting public health and safety.
Clarity of This Supplementary Rule
Executive Order 12866 requires each agency to write regulations
that are simple and easy to understand. The BLM invites your comments
on how to make this proposed supplementary rule easier to understand,
including answers to questions, such as the following:
1. Are the requirements in the proposed supplementary rule clearly
stated?
2. Does the proposed supplementary rule contain technical language
or jargon that interferes with their clarity?
3. Does the format of the proposed supplementary rule (grouping and
order of sections, use of headings, paragraphing, etc.) aid or reduce
their clarity?
4. Would the proposed supplementary rule be easier to understand if
it were divided into more (but shorter) sections?
5. Is the description of the proposed supplementary rule in the
SUPPLEMENTARY INFORMATION section of this preamble helpful in
understanding the proposed supplementary rule? How could this
description be more helpful in making the proposed supplementary rule
easier to understand?
Please send any comments you may have on the clarity of the
proposed supplementary rule to the address specified in the ADDRESSES
section.
Author
The principal author of this proposed supplementary rule is Tyler
Fouss, Field Staff Ranger, Tres Rios Field Office, Colorado.
V. Proposed Supplementary Rule
For the reasons stated in the preamble, and under the authority for
supplementary rules at 43 U.S.C. 1733a and 1740, 43 U.S.C. 315a, and 43
CFR 8365.1-6, the BLM Colorado State Director proposes a supplementary
rule for public lands managed by the BLM in CANM, to read as follows:
Proposed Supplementary Rule for Canyons of the Ancients National
Monument (CANM)
Definitions
Archaeological Site is a physical context and location containing
material remains that evince past human activity and allow for its
interpretation. Within CANM, these material remains may include, but
are not limited to, historic and prehistoric structures, features, rock
art, shrines, burials, quarries, artifact concentrations, and occupied
rock alcoves.
Bouldering means any style of rock climbing undertaken without a
rope.
Campfire means any outdoor fire used for warmth or cooking.
Camping means the erecting of a tent or shelter of natural or
synthetic material, preparing a sleeping bag or other bedding material
for use, parking of a motor vehicle, motor home or trailer, or mooring
of a vessel, for the apparent purpose of overnight occupancy.
Commercial use means for the purpose of financial gain.
Designated travel route means roads, primitive roads, and trails
open to specified modes of travel and identified on a map of designated
roads, primitive roads, and trails that is maintained and available for
public inspection at the BLM. Designated roads, primitive roads, and
trails are open to public use in accordance with such limits and
restrictions as are, or may be, specified in the CANM RMP or travel
management plan, or in future decisions implementing the RMP. This
definition excludes any road or trail with BLM-authorized restrictions
that prevent use of the road or trail. Restrictions may include signs
or physical barriers such as gates, fences, posts, branches, or rocks.
Geocaching means an outdoor recreational activity in which the
participants use a Global Positioning System receiver or other
navigational techniques to hide and seek containers called
``geocaches'' or ``caches.''
Mechanized vehicle means any device propelled solely by human
power, upon which a person, or persons, may ride on land, having any
wheels and/or tracks with the exception of a wheelchair.
Public lands means any land or interest in land owned by the United
States and administered by the Secretary of the Interior through the
BLM without regard to how the United States acquired ownership.
Riparian area means lands that are located along watercourses and
water bodies. Typical examples include flood plains and streambanks.
They are
[[Page 20453]]
distinctly different from surrounding lands because of unique soil and
vegetation characteristics that are strongly influenced by the presence
of water.
Special Recreation Management Area (SRMA) means an administrative
unit where the existing or proposed recreation opportunities and
recreation setting characteristics are recognized for their unique
value, importance, or distinctiveness, especially as compared to other
areas used for recreation.
Target shooting means discharging a weapon for recreational
purposes when game animals are not being legally hunted.
Weapon means any firearm, cross bow, bow and arrow, paint gun,
fireworks, or explosive device capable of propelling a projectile
either by means of an explosion, compressed gas, or by string or
spring.
Wilderness Study Area (WSA) means an area inventoried, found to
have wilderness characteristics, and managed to preserve those
characteristics under authority of (a) the land use planning direction
found in Section 202 of the Federal Land Policy and Management Act of
1976 (FLPMA), or (b) the review of public lands required by Section 603
of FLPMA. WSAs identified during the land use planning process (Section
202 of FLPMA) and prior to 1993 were forwarded to Congress; those
identified during or after 1993 were not.
Prohibited Acts
Unless otherwise authorized, the following acts are prohibited on
all public lands, roads, trails, and waterways administered by the BLM
within CANM:
Collection of Resources
1. You must not collect fossils of any kind, including vertebrate,
invertebrate, plant, or trace fossils, unless authorized by permit.
2. Unless otherwise permitted under applicable law, you must not
collect or remove any rock, mineral specimen, semiprecious gemstone, or
petrified wood.
3. You must not cut or collect live, dead, or downed wood.
4. You must not harvest more than 22.5 pounds of pinyon pine nuts
for personal use. You must not harvest pinyon pine nuts for commercial
use.
Target Shooting
5. You must not discharge any weapon within the Monument, except in
accordance with State law when hunting with a valid Colorado hunting
license.
Geocaching
6. You must not engage in any cache-type activities (including
geocaching and earth caching).
Climbing and Bouldering
7. You must not participate in climbing, including rock climbing,
rappelling, or bouldering outside of designated climbing areas.
Camping and Campfires
8. You must not camp in the Pueblo Sites SRMA (Painted Hand Pueblo,
Lowry Pueblo, and Sand Canyon Pueblo), in the Sand Canyon-Rock Creek
SRMA, or in the Anasazi Heritage Center SRMA.
9. You must not camp within 300 feet of a developed recreation
site/area.
10. You must not camp within 300 feet of a riparian area or water
source.
11. You must not camp in archaeological sites, rock shelters, or
alcoves.
12. You must not ignite or maintain a campfire in the Pueblo Sites
SRMA (Painted Hand Pueblo, Lowry Pueblo, and Sand Canyon Pueblo), Sand
Canyon-Rock Creek SRMA, or Anasazi Heritage Center SRMA.
13. You must not ignite or maintain a campfire in archaeological
sites, rock shelters, or alcoves.
14. You must use a fire pan for campfires or charcoal fires when a
metal fire ring is not provided or unless using a mechanical stove or
other appliance fueled by gas and equipped with a valve that allows the
operator to control the flame.
Travel Management
15. You must not operate or possess a mechanized vehicle on any
route, trail, or area that is not designated as open to such use by a
BLM sign, map, or the appropriate travel management plan, unless you
have specific authorization from the BLM.
16. You must not operate or possess a motorized or mechanized
vehicle in any Wilderness Study Area.
17. You must not park more than 20 feet from the edge of a
designated travel route or in a manner that causes resource damage.
18. You must not park in riparian areas.
19. Within the Sand Canyon-Rock Creek SRMA (as defined in the CANM
RMP), you must not ride or be in possession of horses or other pack
animals on any route, trail, or area not designated as open to such use
by a BLM sign, map, or the appropriate travel management plan. Horses
and pack animals are allowed both on and off designated travel routes
throughout the remainder of the Monument.
20. Within the Sand Canyon-Rock Creek SRMA (as defined in the CANM
RMP), you must not hike on any route, trail, or area not designated as
open to such use by a BLM sign, map, or the appropriate travel
management plan. Hiking is allowed both on and off designated travel
routes throughout the remainder of the Monument.
Exemptions
The following persons are exempt from this supplementary rule:
Federal, State, local or military employees acting within the scope of
their duties; members of any organized law enforcement, rescue, or
fire-fighting force in performance of an official duty; and any person,
agency, or municipality whose activities are authorized in writing by
the Canyons of the Ancients National Monument Manager.
Enforcement
Any person who violates any part of this supplementary rule may be
tried before a United States Magistrate and fined up to $1,000,
imprisoned no more than 12 months, or both, in accordance with 43
U.S.C. 1733(a), 18 U.S.C. 3571, and 43 CFR 8360.0-7. In accordance with
43 CFR 8365.1-7, State or local officials may also impose penalties for
violations of Colorado or local law.
Douglas Vilsack,
Colorado State Director, Bureau of Land Management.
[FR Doc. 2023-06806 Filed 4-5-23; 8:45 am]
BILLING CODE 4331-16-P