Public Lands in the Colorado River Valley, Grand Junction and Kremmling Field Offices, and the Dominguez-Escalante National Conservation Area, CO, 4872-4880 [2024-01399]
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Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Proposed Rules
described in paragraphs (f)(1) and
(b)(4)(i) of this section;
BeginPoint = Begin Milepost of each section
p or t;
EndPoint = End Milepost of each section p
or t; and
Through_lanes = the number of lanes
designated for through-traffic
represented by a section p or t.
(4) For § 490.307(a)(3) the measure for
percentage of lane-miles of the nonInterstate NHS in Good condition in
§ 490.307(a)(3) shall be computed to the
one tenth of a percent as follows:
L~~1d{(EndPoint - BeginPoint} X Through_lanes}segment g
lOO x Li~rl{(EndPoint- BeginPoint} X Through_lanes}segment t
Where:
Good = total number of mainline highway
non-Interstate NHS sections where the
overall condition is Good;
g = a section’s overall condition is
determined Good per paragraph (b), (c)
or (d) of this section;
t = a non-Interstate NHS section;
Total = total number of mainline highway
non-Interstate NHS sections excluding
bridges, unpaved surface and ‘‘other’’
surface types, and missing data sections,
described in paragraphs (f)(1) and
(b)(4)(i) of this section;
BeginPoint = Begin Milepost of each section
g or t;
EndPoint = End Milepost of each section g
or t; and
Through_lanes = the number of lanes
designated for through-traffic
represented by a section g or t.
(5) For § 490.307(a)(4) the measure for
percentage of lane-miles of the nonInterstate NHS in Poor condition in
§ 490.307(a)(4) shall be computed to the
one tenth of a percent as follows:
I;~r{(EndPoint- BeginPoint} x Through_lanes}sectionp
lOO X Li~ial{(EndPoint - BeginPoint} X Through_lanes}section t
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(c) * * *
(1) * * *
(ii) Certification process for persons
performing data collection;
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Subpart E—National Performance
Management Measures To Assess
Performance of the National Highway
System
18. In § 490.509 amend paragraph (d)
by removing the text ‘‘and/or’’ and
adding, in its place, the text ‘‘or’’.
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(c) * * *
(1) FHWA shall use the determination
from the previous year to carry out
paragraph (a) of this section when
FHWA determines a State DOT is not in
compliance with § 490.315(a) or
§ 490.315(b) due to an extenuating
circumstance listed in § 490.109(e)(5)
related to the collection or submittal of
data.
(2) State DOTs will provide a
description of any applicable
extenuating circumstances for FHWA’s
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Other requirements.
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§ 490.317 Penalties for not maintaining
minimum Interstate System pavement
condition.
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§ 490.319
Subpart G—National Performance
Management Measures for Assessing
the Congestion Mitigation and Air
Quality Improvement Program—Traffic
Congestion
19. In § 490.709, amend paragraph
(e)(1)(i) by removing the text ‘‘and/or’’
and adding, in its place, the text ‘‘or’’.
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[FR Doc. 2024–00373 Filed 1–24–24; 8:45 am]
BILLING CODE 4910–22–P
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8360
[BLM_CO_FRN_MO4500172299]
Public Lands in the Colorado River
Valley, Grand Junction and Kremmling
Field Offices, and the DominguezEscalante National Conservation Area,
CO
Bureau of Land Management,
Interior.
ACTION: Proposed supplementary rule.
AGENCY:
The Bureau of Land
Management (BLM) is proposing a
supplementary rule to protect natural
resources and public health and safety.
The proposed supplementary rule
would apply to public lands and BLM
facilities managed by the Colorado River
Valley, Grand Junction, and Kremmling
Field Offices, and the DominguezEscalante National Conservation Area
(NCA) in Colorado managed by the
Grand Junction and Uncompahgre Field
Offices.
DATES: Please submit comments by
March 25, 2024. Comments received
after this date may not be considered in
the development of the final
supplementary rule.
ADDRESSES: You may submit comments
by the following methods: ePlanning
https://eplanning.blm.gov/eplanning-ui/
project/90071/510, mail or hand deliver
to Proposed Supplementary Rule,
Attention: Erin Jones, Upper Colorado
SUMMARY:
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16. Amend § 490.317 by adding
paragraphs (c)(1) and (2) to read as
follows:
■
consideration by the date specified in
§ 490.317(b).
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■ 17. Amend § 490.319 by revising
paragraph (c)(1)(ii) to read as follows:
EP25JA24.005
Where:
Poor = total number of mainline highway
non-Interstate NHS sections where the
overall condition is Poor;
p = a section’s overall condition is
determined Poor per paragraph (b), (c) or
(d) of this section;
t = a non-Interstate NHS section;
Total = total number of mainline highway
non-Interstate NHS sections excluding
bridges, unpaved surface and ‘‘other’’
surface types, and missing data sections,
described in paragraphs (f)(1) and
(b)(4)(i) of this section;
BeginPoint = Begin Milepost of each section
p or t;
EndPoint= End Milepost of each section p or
t; and
Through_lanes = the number of lanes
designated for through-traffic
represented by a section p or t.
Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Proposed Rules
River District, 2815 H Road, Grand
Junction, CO, 81506.
FOR FURTHER INFORMATION CONTACT: Erin
Jones, Upper Colorado River District
Associate District Manager (see address
listed earlier), or by phone: (970) 244–
3008; or email: erjones@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
Written comments on the proposed
supplementary rule should be specific,
confined to issues pertinent to the
proposed supplementary rule, and
explain the reason for any
recommended change. Where possible,
comments should reference the specific
section or paragraph of the proposed
supplementary rule that the comments
are addressing. The BLM will consider
comments received before the end of the
comment period (see DATES), including
those that are postmarked before the
deadline and delivered to the address
listed earlier (see ADDRESSES).
Comments, including names, street
addresses, and other contact
information of respondents will be
available for public review during
regular business hours (8:00 a.m. to 4:30
p.m. Monday through Friday, except on
Federal holidays) in the Colorado River
Valley, Grand Junction, Kremmling, and
Uncompahgre Field Offices. 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 in your comment to
withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
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II. Background
The Colorado River Valley, Grand
Junction, and Kremmling Field Offices,
and Dominguez-Escalante NCA
completed new resource management
plans (RMPs) in recent years.
Supplementary rules are necessary to
implement the decisions in the RMPs,
which would facilitate enforcement of
these decisions and protect natural
resources and public health and safety.
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The field offices completed their RMP
processes and issued Records of
Decision (RODs) after inviting the
public to comment during scoping and
public-comment periods. The field
offices review each public comment
received during each step of the process
and responded to all comments received
during the public-comment periods (see
the individual RMPs for responses to
public comments). Some parts of the
proposed rule have already been in
effect under previous RMPs; for
example, the 14-day camping limits and
restrictions on mechanized travel. Other
proposed rule restrictions are from the
new RMPs published in 2015, such as
the restrictions on rock climbing in the
Colorado River Valley Field Office and
on metal detectors and paintball guns in
Dominguez-Escalante NCA.
III. Discussion of the Proposed
Supplementary Rule
This proposed supplementary rule
would apply to public lands and BLM
facilities managed by the Colorado River
Valley Field Office, Grand Junction
Field Office, Kremmling Field Office,
and Dominguez-Escalante NCA.
This proposed supplementary rule
would address resource damage, public
safety, wildland fire, and wildlife
disruption concerns. The BLM
consulted with the Shooting Sports
Roundtable while preparing each RMP
to coordinate on the shooting closures
described in this proposed rule.
We expect that concerns raised over
restrictions to recreational activities in
this proposed supplementary rule will
be similar to those that the BLM
addressed when it developed the
supporting RMPs. Issues raised during
the development of the supporting
RMPs included concerns over the size
and location of areas available for
mechanized travel, target shooting, and
camping in each field office or NCA,
and the suitability of the areas for those
uses. BLM examined the issues and
comments submitted during the
development of each RMP and struck a
balance between making areas available
for these types of activities and
imposing restrictions where necessary
to protect natural resources and public
health and safety.
The proposed supplementary rule
conforms with management decisions
contained in the following RMPs:
D Colorado River Valley RMP (2015)
as amended by the Sutey Ranch and
Haines Parcel Approved RMP
Amendment (2019);
D Grand Junction RMP (2015);
D Kremmling RMP (2015); and
D Dominguez-Escalante NCA RMP
(2017).
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The authority for this supplementary
rule is set forth at sections 303 and 310
of the Federal Land Policy and
Management Act (FLPMA), 43 U.S.C.
1733 and 1740, as well as 43 CFR
8365.1–6, which authorizes BLM State
Directors to establish a supplementary
rule for the protection of persons,
property, and public lands and
resources.
IV. Procedural Matters
Regulatory Planning and Review
(Executive Orders 12866 and 13563)
The 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 as amended by
Executive Order 14094. The proposed
supplementary rule would not have an
effect of $200 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 rule
would not create a serious inconsistency
or otherwise interfere with an action
taken or planned by another agency.
The proposed supplementary 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 does
it raise novel legal or policy issues. This
proposed supplementary rule would
merely impose limitations on certain
activities on certain public lands to
protect natural resources and human
health and safety.
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
rule would have no effect on business
entities of any size. The proposed
supplementary rule would merely
impose reasonable restrictions on
certain 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 this proposed
supplementary rule would not have a
significant economic impact on a
substantial number of small entities.
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Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Proposed Rules
Congressional Review Act
This proposed supplementary rule is
not a ‘‘major rule’’ as defined at 5 U.S.C.
804(2). This proposed supplementary
rule would merely impose reasonable
restrictions on certain recreational
activities on certain public lands to
protect natural resources, the
environment and human health and
safety. This proposed supplementary
rule 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 foreignbased enterprises in domestic and
export markets.
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Unfunded Mandates Reform Act
The proposed supplementary rule
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 it have a significant or unique
effect on State, local, or Tribal
governments or the private sector. The
proposed supplementary rule would
merely impose reasonable restrictions
on certain recreational activities on
specific 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.).
Governmental Actions and Interference
With Constitutionally Protected Property
Rights—Takings (Executive Order
12630)
The proposed supplementary rule
does not constitute a government action
capable of interfering with
constitutionally protected property
rights. The proposed supplementary
rule 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 this proposed
supplementary rule would not cause a
‘‘taking’’ of private property or require
further discussion of takings
implications under this Executive order.
Federalism (Executive Order 13132)
The proposed supplementary rule
would not have a substantial direct
effect on the States, on the relationship
between the National Government and
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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
this proposed supplementary rule does
not have sufficient federalism
implications to warrant preparation of a
Federalism Assessment.
Civil Justice Reform (Executive Order
12988)
Under Executive Order 12988, the
BLM has determined that this proposed
supplementary rule would not unduly
burden the judicial system and that it
meets the requirements of sections 3(a)
and 3(b)(2) of Executive Order 12988.
Consultation and Coordination With
Indian Tribal Governments (Executive
Order 13175 and Departmental Policy)
In accordance with Executive Order
13175, the BLM has found that 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 Indian Tribes or
U.S. Government-owned lands managed
by the Bureau of Indian Affairs.
Paperwork Reduction Act
This proposed supplementary rule
does 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. 3501–3521.
National Environmental Policy Act
This proposed supplementary rule
would implement key decisions in the
following RMPs: Colorado River Valley
Field Office, Grand Junction Field
Office, Kremmling Field Office, and
Dominguez-Escalante NCA. The BLM’s
National Environmental Policy Act
(NEPA) reviews for these management
plans analyzed the effects of
implementing the RMP decisions
through a supplementary rule. The BLM
prepared a Determination of NEPA
Adequacy to confirm that the prior
analyses and public comment processes
were sufficient to inform the decision to
establish this supplementary rule.
Therefore, additional NEPA analysis is
not required. Copies of the
Environmental Impact Statements and
RODs for each RMP, and the
Determination of NEPA Adequacy for
this proposed supplementary
rulemaking, are on file at the BLM
offices at the addresses specified in the
ADDRESSES section and electronic copies
are available online at https://eplanning.
blm.gov/eplanning-ui/project/90071/
510.
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Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution or Use (Executive Order
13211)
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 has 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).
Facilitation of Cooperative Conservation
(Executive Order 13352)
In accordance with Executive Order
13352, the BLM has determined that the
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 associated
programs, projects, and activities are
consistent with protecting public health
and safety.
V. Proposed Rule
Author
The principal author of this proposed
supplementary rule is Erin Jones,
Associate District Manager BLM Upper
Colorado River District Office.
For the reasons stated in the
preamble, and under the authority of 43
U.S.C. 1733(a) and 1740, and 43 CFR
8365.1–6, the State Director proposes a
supplementary rule for public lands and
facilities in the Colorado River Valley
Field Office, Grand Junction Field
Office, Kremmling Field Office, and
Dominguez-Escalante NCA.
Proposed Supplementary Rule for the
Colorado River Valley Field Office,
Grand Junction Field Office,
Kremmling Field Office, and
Dominguez-Escalante National
Conservation Area
Definitions and Acronyms
(1) As used in this Supplementary
Rule, the term:
Approved Portable Toilet means any
non-biodegradable, durable container
designated to receive and hold human
waste, in any container position without
leaking; and equipped with a dumping
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system that allows the container to be
emptied into a standard receiving or
dump system designed for that purpose
(such as a SCAT machine or recreational
vehicle dump station), in a sanitary
manner, without spills, seepage, or
human exposure to human waste; or any
approved biodegradable landfillapproved bag system designed for
landfill or garbage can disposal (such as
a ‘‘WAG’’ bag, a human waste disposal
bag).
Camp means erecting a tent or shelter
of natural or synthetic material;
preparing a sleeping bag or other
bedding material; parking a motor
vehicle, motor home, or trailer; or
mooring a vessel for the apparent
purpose of overnight occupancy.
Campfire means a controlled fire
occurring out of doors, used for cooking,
branding, personal warmth, lighting,
ceremonial, or aesthetic purposes.
Designated campsite means a BLMdesignated campsite, marked with a
visible number or identification
mounted on a post or placard.
Designated sites may be undeveloped or
developed with basic amenities.
Developed recreation site. See
definition at 43 CFR 8360.0–5(c).
Developed toilet facility means a
vault-type, pit, or portable toilet
provided by the BLM or its partners.
Dispersed campsite means an
undesignated campsite not located in a
campground that is traditionally used
for camping.
Firearm means a weapon, by whatever
name known, that is designed to expel
a projectile by the action of powder; and
be readily capable of use as a weapon.
Fire pan means a durable metal fire
pan at least 12 inches in diameter with
at least a 1.5-inch lip around its outer
edge and sufficient to contain fire and
fire remains containing fire, charcoal,
and ash, while preventing ashes or
burning material from spilling onto the
ground; and that is elevated above the
ground.
Fire ring means a ring designed to
contain a fire on the ground and can be
natural or manmade, constructed of
non-flammable materials, and is not
considered a designated trash
receptacle.
Intent to camp means any off-loading,
or preparing for use of common
overnight equipment, such as tents,
sleeping bags or bedding, food, cooking
or dining equipment, or lighting
equipment; or preparing common
camping equipment for use in or on any
boat.
Mechanized travel means moving by
means of a mechanical device, such as
a bicycle or game retrieval cart; not
powered by a motor.
Over-snow vehicle means a motor
vehicle that is designed for use over
snow and that runs on a track or tracks
and/or a ski or skis, while in use over
snow.
Public lands means any lands and
interests in lands owned by the United
States and administered by the
Secretary of the Interior through the
Bureau of Land Management without
regard to how the United States
acquired ownership, except:
1. lands located on the Outer
Continental Shelf; and
2. lands held for the benefit of
Indians, Aleuts, and Eskimos.
Recreational Target Shooting means
target shooting that uses any devices to
propel a projectile, including but not
limited to firearms, bow and arrow,
sling shots, paint ball guns, and air
guns. Target shooting is not considered
hunting. Hunting with a valid hunting
license is allowed in areas that are
closed to target shooting.
Resource damage means impacts to
natural resources or public lands due to
injury, destruction, or loss of natural
resources, resulting in the necessary
restoration or replacement of such
natural resources.
Sport rock climbing means a style of
climbing that relies on fixed protection
against falls, usually bolts and/or top
anchors.
Target means an object constructed of
wood, paper, or biodegradable
materials, or commercially
manufactured and designed for target
shooting, and that may be supported by
a target frame (e.g., metal or PVC frame).
Target backstop means an
unobstructed earthen mound or bank at
least 8 feet in height which must stop
the progress of and contain all
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projectiles, fragments, and ricochets in a
safe manner.
Vehicle means any motorized
transportation conveyance designed and
licensed for use on roadways, such an
automobile, bus, motorcycle, or truck,
and any motorized conveyance
originally equipped with safety belts.
WAG Bag means any approved,
commercially engineered,
biodegradable, landfill-approved bag
system containing enzymes, polymers,
or waste-alleviating gelling compounds
that is designed for landfill or garbage
can disposal (such as a ‘‘Waste
Alleviation and Gelling’’ bag, a human
waste disposal bag). The double bag
system must be made of puncture
resistant material, must be spill proof,
hygienic, and approved for disposal in
any garbage can.
(2) As used in this proposed
Supplementary Rule, the following
additional acronyms apply:
ACEC means Area of Critical
Environmental Concern.
ERMA means Extensive Recreation
Management Area.
OHV means off-highway vehicle.
NCA means National Conservation Area.
RMA means Recreation Management Area.
RMZ means Recreation Management Zone.
SRMA means Special Recreation
Management Area.
USFS means United States Forest Service.
WSA means Wilderness Study Area.
Prohibited Acts on Public Lands
Managed by the Colorado River Valley
Field Office, Grand Junction Field
Office, and Kremmling Field Office and
in Dominguez-Escalante NCA
1. You must not abandon animal
carcasses, or any part of an animal
carcass, within 100 feet of the outer
perimeter of any campsite (designated
or dispersed) or 100 feet from the edge
of any roadway or any water source.
2. You must not operate mechanical
transport (e.g., bicycles, mountain bikes)
other than on designated roads and
trails allowing such use or in
designated-open areas and within
designated-open timeframes.
3. You must not have a campfire
outside of a designated campsite in the
following areas:
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TABLE 1—NO CAMPFIRES OUTSIDE OF DESIGNATED CAMPSITES
[Accompanying maps in Appendix A]
Grand Junction Field Office
D
D
D
D
D
Dominguez-Escalante NCA
D In the Gunnison River SRMA Corridor and other riparian and wetland
areas
Pyramid Rock Area of Critical Environmental Concern (ACEC)
Unaweep Seep ACEC
Dolores River Riparian ACEC
Bangs SRMA Recreation Management Zone (RMZ) 1
Bangs SRMA RMZ 3
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TABLE 1—NO CAMPFIRES OUTSIDE OF DESIGNATED CAMPSITES—Continued
[Accompanying maps in Appendix A]
Grand Junction Field Office
Dominguez-Escalante NCA
D Bangs SRMA RMZ 2 in the portion of the RMZ north of the drainage
at the bottom of Rough Canyon
D Palisade Rim SRMA
D Grand Valley Shooting Ranges ERMA
D Gunnison River Bluffs ERMA
D Horse Mountain ERMA RMZ 1
D Horse Mountain ERMA RMZ 2
D Horse Mountain ERMA RMZ 3
D 18 Road Open OHV Area within the North Desert ERMA
D Within 100 meters (or approximately 328 feet) of standing historic
structures to include, but not limited to, Calamity Camp and New
Verde Mine, unless administratively permitted
4. You must not camp outside of
designated campsites and developed
campgrounds in the following areas:
TABLE 2—CAMPING RESTRICTED TO DESIGNATED CAMPSITES AND DEVELOPED CAMPGROUNDS ONLY
[Accompanying maps in Appendix A]
Colorado River Valley
Field Office
Grand Junction
Field Office
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D Within 0.25-mile of the Fisher Creek
Cemetery Road
D Within 300 feet from the centerline of
North Hardscrabble Access Road
(Spring Creek)
D Glenwood Canyon in the Horseshoe
Canyon (Bend) area
D Within 0.25-mile of Prince Creek
Road (Pitkin County Road 7), including the Haines Parcel
D Eagle River ERMA
D Garfield Creek Colorado River Access Site and on surrounding BLM
lands
D Silt Mesa ERMA (BLM lands south of
the crest of the Grand Hogback
mountain)
D Thompson Creek area within 0.25mile of USFS Road 305
D Red Hill SRMA (north of Carbondale,
Colorado)
D East Glenwood Canyon Trailhead
area north of the Colorado River
D South Canyon Recreation Site and
surrounding area
D Ute Trailhead (near Dotsero) west
and north of the Colorado River
D Sutey Ranch
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
Kremmling
Field Office
Pyramid Rock ACEC
Unaweep Seep ACEC
Dolores River Riparian ACEC
Bangs SRMA RMZ 1
Bangs SRMA RMZ 2 in the portion of
the RMZ north of the drainage at the
bottom of Rough Canyon
Bangs SRMA RMZ 3
Dolores River SRMA
North Fruita Desert SRMA
Palisade Rim SRMA
Grand Valley Shooting Ranges
ERMA
Gunnison River Bluffs ERMA
Horse Mountain ERMA (all RMZs)
18 Road Open OHV Area within the
North Desert ERMA
Miracle Rock Recreation Site
Mud Springs Campground
Within 100 meters (or approximately
328 feet) of standing historic structures to include, but not limited to,
Calamity Camp and New Verde
Mine, unless administratively permitted
Dominguez-Escalante
NCA
D Within 0.25-mile of the Colorado
River of the Upper Colorado River
SRMA
D The open OHV area south and east
of Wolford Mountain
D Wolford SRMA Recreation Management Zone 3—Lands west of Grand
County Road 224, south of Wolford
Mountain, west of Wolford Reservoir,
and east of U.S. Hwy 40
D Confluence Recreation Site, and adjacent BLM-managed public lands
D Reeder Creek Fishing Access, and
adjacent BLM-managed public lands
D Sunset Fishing Access, and adjacent
BLM managed public lands
D Windy Gap Fishing Access Parking
Area
D Fraser River Fishing Access Parking
Area
D Sidewinder Jeep Trail Parking Area
D Kremmling Cretaceous Ammonite
Site
D Barger Gulch Paleo-Indian Site
D Yarmony Pit House Site
D Upper CO River SRMA Yarmony
Jeep Trail Recreation Management
Zone 4
D Independence Mountain Tipi Site
D Junction Butte Wetlands
D Upper CO River SRMA Gore Canyon
Ranch Recreation Management
Zone 5
D Hurd Peak and Tab Rock staging
areas
D Headwaters RMA Jacques staging
area, and adjacent BLM-managed
public lands
D North Sand Hills Instant Study Area
D Cactus Park SRMA
D Gunnison River SRMA
D Escalante Canyon SRMA, including
the Escalante Potholes Recreation
Site
D RMZ 2 Sawmill Mesa/Wagon Park
ERMA
5. Equestrian travel is prohibited on/
in the following trails/areas:
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TABLE 3—AREAS CLOSED TO EQUESTRIAN TRAVEL
[Accompanying maps in Appendix A]
Colorado River Valley Field Office
Grand Junction Field Office
D Storm King Trail
D Sutey Ranch from December 1 through April 15
D
D
D
D
D
6. Recreational target shooting is
prohibited on the following BLMmanaged lands to protect visitor safety
(discharge of firearms, other weapons,
and fireworks on developed recreation
Kremmling Field Office
D Kremmling Cretaceous Ammonite ACEC/Resource
Natural Area (RNA)
D Fraser River Canyon Access Trail
D Gore Canyon Trail
D Argentine Trail
Pyramid Rock ACEC
Mica Mine Trail
Rough Canyon Trail
Free Lunch Trail
Pucker Up Trail
sites and areas is prohibited under 43
CFR 8365.2–5(a)).
TABLE 4—AREAS WHERE RECREATIONAL TARGET SHOOTING IS PROHIBITED
[Accompanying maps in Appendix A]
Colorado River Valley Field Office
Grand Junction Field Office
D Within 300 feet from the centerline of
North Hardscrabble Access Road
(Spring Creek)
D Silt Mesa ERMA (BLM lands south of
the crest of the Grand Hogback
Mountain)
D Bangs SRMA RMZs 1, 2, and 3
D Coal Canyon and Main Canyon
areas
D Grand Valley OHV SRMA
D Gunnison River Bluffs ERMA
D Horse Mountain ERMA, including
RMZ 1 west of Sink Creek, RMZ 2,
and areas adjacent to residences at
the end of C Road
D Mt. Garfield ACEC
D North Desert ERMA18 Road Open
OHV area
D North Fruita Desert SRMA
D Palisade Rim SRMA
D Pyramid Rock ACEC
Kremmling Field Office
D
D
D
D
D
D
D
D
D
D
D
D
D
Dominguez-Escalante NCA
Upper Colorado River SRMA
Barger Gulch fishing access
Highway 9 fishing access
Reeder Creek fishing area
Reeder Creek parking/access Sunset
fishing access
Upper Colorado River corridor and
Scenic Byway
Hebron Watchable Wildlife Area
Wolford SRMA, south portion
Strawberry SRMA, Strawberry/Hurd
Peak Area
North Sand Hills SRMA and Cooperative Management Area
Headwaters ERMA
Kinney Creek trailhead
Jacques parking area
D Dominguez Canyon Wilderness Zone
1
D Gunnison River SRMA
D Escalante Canyon SRMA
D East Creek ERMA
7. Overnight use is prohibited in the
following areas (day-use allowed only):
TABLE 5—DAY USE ONLY—OVERNIGHT USE PROHIBITED
[Accompanying maps in Appendix A]
Colorado River Valley Field Office
(use prohibited from
10:00 p.m.–6:00 a.m.)
Grand Junction Field Office
(use prohibited from sunset–sunrise)
Kremmling Field Office
(use prohibited from sunset–sunrise)
Dominguez-Escalante NCA
(use prohibited from sunset–sunrise)
D BLM recreation sites where camping
facilities are not provided
D Deep Creek Canyon—within 0.25miles of Deep Creek accessible from
the Coffee Pot Road
D 34 and C Roads (areas adjacent to
the Horse Mountain ERMA)
D Grand Valley Shooting Ranges
ERMA (with an exception for authorized training exercises)
D BLM recreation sites where camping
facilities are not provided
D Sutey Ranch
D Horse Mountain ERMA (RMZ 1 (portion of the RMZ west of Sink Creek),
RMZ 2 and RMZ 3)
D Redlands Dam area along the Gunnison River
D The Potholes on the Little Dolores
River off of 9.8 Road in the Glade
Park area
D Rambo/Little Dominguez Canyon
Heritage Area
D The Wilderness portion of Big
Dominguez Heritage Area
D The Wilderness portion of Leonard’s
Basin Heritage Area
D Wilderness Zone 1
khammond on DSKJM1Z7X2PROD with PROPOSALS
8. The following areas are closed to
mechanized travel during the specified
D Wilderness portion of the Leonards
Basin Heritage Area
D East Creek ERMA
timeframes to protect wintering big
game species.
TABLE 6—AREAS CLOSED TO MECHANIZED TRAVEL DURING WINTER/SPRING
[Accompanying maps in Appendix A]
Colorado River Valley Field Office
(December 1 through April 15)
D Basalt Mountain (south portion—
1,300 acres)
D Boiler-East Elk Creek-New Castle
(4,400 acres)
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Grand Junction Field Office
(December 1 through May 1)
D Little Book Cliffs Wild Horse Range
D Beehive Wildlife Emphasis Area
(WEA)
D Blue Mesa WEA
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Kremmling Field Office
(December 15 through April 15)
Dominguez-Escalante NCA
(December 1 through April 30)
D Strawberry SRMA Wolford Mountain
Travel Management Area and SRMA
D North Sand Hills SRMA
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D
D
D
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Wagon Park
Sowbelly
Upper Sawmill Mesa
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TABLE 6—AREAS CLOSED TO MECHANIZED TRAVEL DURING WINTER/SPRING—Continued
[Accompanying maps in Appendix A]
Colorado River Valley Field Office
(December 1 through April 15)
Grand Junction Field Office
(December 1 through May 1)
D Cottonwood Creek (13,800 acres)
D Dry Rifle Creek (2,200 acres)
D East Eagle except for the following
bike trails: (a) Boneyard Trail; (b)
Redneck Ridge Trail; and (c) Western
portion of Pool and Ice Trail (6,000
acres)
D Fisher Creek-Cattle Creek (2,800
acres)
D
D
D
D
D
D
D
D
D
D
Flatiron Mesa (800 acres)
Hardscrabble (24,600 acres)
Light Hill (3,800 acres)
Red Canyon-Hells Pocket-Bocco
Mountain-East Castle Peak (14,500
acres)
Red Hill SRMA (north side) (2,600
acres)
The Crown, except for the bike trail
system paralleling Prince Creek Road
(9,200 acres)
Thompson Creek/Holgate Mesa
(9,500 acres)
West Rifle Creek (1,100 acres)
Williams Hill (1,500 acres)
Winter Ridge, Black Mountain, Pisgah
Mountain,Windy Point, Boore Flat,
and Domantle (33,500 acres)
D
D
D
D
D
D
D
D
D
D
D
D
D
D
East Salt Creek WEA
Rapid Creek WEA
Chalk Mountain
Coal Canyon
Demaree Canyon outside of the Wilderness Study Area (WSA)
Garvey Canyon
Grand Mesa Slopes
Howard Canyon Flats
Indian Point
Post Canyon
Lapham Canyon
Coal Gulch
Fruita Slopes
Rapid Creek
khammond on DSKJM1Z7X2PROD with PROPOSALS
Restrictions on Activities on Public
Lands Managed by the Colorado River
Valley Field Office
1. You must not engage in target
shooting without a target backstop.
2. You must not build or maintain a
fire more than 3 feet in diameter, unless
otherwise authorized.
3. Unless the campsite is marked and
designated by the BLM, you must not
camp within 100 feet from any spring,
pond, lake, or perennial stream.
4. You must keep dogs and other
domesticated animals on a leash or
other similar constraint (e.g., voice
control, shock collar) where indicated
by a BLM sign, brochure, or map. This
regulation does not apply to livestock
working or hunting dogs engaged in
those activities. You must remove and
properly dispose of all pet waste from
developed recreation sites and areas.
5. You must not cut live or dead
standing trees unless otherwise
permitted. You may collect only dead
and down wood for campfires.
6. You must not camp or otherwise
occupy any location or site for more
than 7 consecutive days from April 1 to
August 31, unless otherwise authorized
in writing by the BLM.
7. You must not camp or otherwise
occupy any location or site for more
than 14 consecutive days between
September 1 and March 31, unless
otherwise authorized in writing by the
BLM.
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Kremmling Field Office
(December 15 through April 15)
D Dry Mesa
8. In areas with limited travel
designations, mechanized travel is
limited to designated routes.
9. In areas with limited travel
designations, mechanized and
motorized travel up to 300 feet from
designated motorized/mechanized
routes is permitted for direct access to
dispersed campsites provided that: (a)
no resource damage occurs; (b) no new
routes beyond the campsite are created;
and (c) such access is not otherwise
prohibited (such as in WSAs).
10. In areas open for over-snow travel,
travel off designated routes is prohibited
unless a minimum of 12 inches of snow
cover exists and no resource damage
will occur from over-snow travel.
11. In the Thompson Creek ERMA,
(a) You may reestablish old rockclimbing routes and permanent fixed
climbing anchors (bolts and pitons) only
at the BLM-recognized sport rock
climbing area (rock fins, narrow walls of
hard sedimentary rock).
(b) You must not develop additional
bolted routes outside of the BLMrecognized sport rock climbing area
(rock fins).
(c) You may use mechanical devices
(e.g., power drills) only at the BLMrecognized sport rock climbing area
(rock fins).
(d) You must not exceed a climbing
group size (per route) of four people per
day, including staff, at the BLMrecognized sport rock climbing area
(rock fins).
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Dominguez-Escalante NCA
(December 1 through April 30)
Sfmt 4702
12. In the Upper Colorado SRMA,
(a) You must not exceed a group size
of 25 people per group (including
guides) for commercial and private river
groups.
(b) You must not camp or display an
intent to camp during an overnight river
trip without an approved fire pan.
(c) You must not camp, or display an
intent to camp overnight, without an
approved portable toilet.
(d) You must carry and use an
approved portable toilet on an overnight
trip. The system must be adequate for
the size of the group and length of the
trip. All solid human bodily waste,
including WAG bags, must be contained
in a leak-proof, hard-sided container
with a screw-on or ratchet-locking lid.
(e) You must not fail to set up an
approved portable toilet, ready for use,
as soon as practical upon arriving at the
campsite to be occupied on an overnight
trip if a toilet facility (porta-potty or
vault toilet) is not provided by the BLM.
(f) You must not empty an approved
portable toilet into a developed toilet
facility, or any other facility not
developed and identified especially for
that purpose. Leaving solid human
waste on public lands or dumping it
into vault toilets or trash receptacles at
BLM-managed facilities is prohibited
unless using a WAG-bag system that is
specifically designed for disposal in
trash receptacles.
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khammond on DSKJM1Z7X2PROD with PROPOSALS
(g) You must remove and properly
dispose of all pet waste from developed
recreation sites/areas.
13. On the Sutey Ranch,
(a) You must not enter from December
1 through April 15 when closure orders
are in effect to protect wintering big
game, except when allowed under other
applicable laws.
(b) You must not harvest timber,
firewood, or special forest products.
(c) You must not travel by
mechanized vehicle from October 1
through May 31.
Restrictions on Activities on Public
Lands Managed by the Grand Junction
Field Office
1. You must use an approved portable
toilet at designated undeveloped sites in
the following areas: North Fruita Desert
SRMA, Bangs SRMA RMZ 2, and
Dolores River SRMA.
2. You must not enter the Pyramid
Rock ACEC.
3. You must not travel via any mode
of transport (including foot and horse
travel) off designated routes in the
following areas: Bangs SRMA RMZ 1
north of Little Park Road and Andy’s
Loop, and Gunnison River Bluffs ERMA.
4. You must not collect dead and
down wood in the following areas,
except for campfire use: Unaweep lands
with wilderness characteristics area;
riparian areas; Pyramid Rock ACEC;
Unaweep Seep ACEC; Bangs SRMA
RMZ 2.
5. You must collect only dead and
down wood for campfires in the North
Desert ERMA.
6. You must not harvest timber or cut
firewood in the following areas: Bangs
SRMA RMZ 1; RMZ 3; RMZ 4; North
Fruita Desert SRMA; Palisade Rim
SRMA.
7. You must not exceed the following
group-size limits, including guides and
dogs, without written authorization
from the BLM: 12 in WSAs and areas
managed to protect wilderness
characteristics; 25 for more than 2 hours
in the remaining lands managed by the
Grand Junction Field Office. For groups
that exceed these limits, you must
contact the BLM prior to the outing so
that the BLM can determine whether an
organized group Special Recreation
Permit is required.
8. You must have campfires within
agency-provided fire rings or approved
fire pans at designated undeveloped
sites in the following areas: Dolores
River SRMA, Bangs SRMA RMZ 2,
North Fruita Desert SRMA.
9. You must not install permanent
climbing anchors that do not match the
color of the rock surface (fixtures,
hardware, and webbing, etc.).
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Restrictions on Activities on Public
Lands Managed by the Kremmling Field
Office
1. You must not empty or dispose of
sewage and/or gray water held in a
containment tank on public lands or at
any facility not specifically identified
for such disposal.
2. You must not build or maintain a
fire more than 3 feet in diameter, unless
otherwise authorized in writing by the
BLM.
3. You must not leave, deposit, or
scatter human waste, toilet paper, or
items used as toilet paper, when an
approved portable toilet or developed
toilet facility is available. Where a
developed toilet facility is not provided,
and an approved portable toilet is not
required, all human waste and toilet
paper, or material used as toilet paper,
must be buried at least 6 inches below
the surface of the ground in natural soil,
and at least 100 feet from the edge of a
river or any other water source.
4. You must not dig in or level the
ground at any campsite.
5. In areas open to dispersed camping,
you must not camp outside of
designated sites within 50 feet of any
spring, pond, lake, or perennial stream.
6. You must keep dogs and other
domesticated animals on a leash or
other similar constraint (e.g., voice
control, shock collar). This regulation
does not apply to livestock working or
hunting dogs engaged in those activities.
You must remove and properly dispose
of all pet waste from developed
recreation sites/areas.
7. Fuel wood collection is prohibited
in developed recreation areas. Fuel
wood for recreational campfires outside
of developed recreation areas is limited
to dead and downed vegetation, unless
otherwise prohibited.
8. You must not camp or otherwise
occupy any location or site for more
than 7 consecutive days from April 1 to
August 31, unless otherwise authorized
in writing by the BLM.
9. You must not camp or otherwise
occupy any location or site for more
than 14 consecutive days between
September 1 and March 31, unless
otherwise authorized in writing by the
BLM.
10. In areas open for over-snow travel
in the field office, travel off designated
routes is prohibited unless a minimum
of 12 inches of snow cover exists and no
resource damage will occur from oversnow travel.
11. In areas with limited travel
designations, mechanized travel is
limited to designated routes.
12. In areas with limited travel
designations, motorized and
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4879
mechanized travel (bicycles) are
allowed up to 300 feet from designated
motorized or mechanized transport
routes for direct access to dispersed
campsites or parking provided that: (a)
no resource damage occurs; (b) no new
routes are created; and (c) such access
is not otherwise prohibited.
13. In the Wolford Mountain Travel
Management Area, motorized and
mechanized travel (bicycles) is allowed
up to 50 feet from designated motorized
or mechanized routes for direct access
to dispersed campsites or parking
provided that: (a) no resource damage
occurs; (b) no new routes are created;
and (c) such access is not otherwise
prohibited.
14. In the North Sand Hills SRMA,
(a) You must not park a vehicle in
such a manner as to impede or obstruct
the normal flow of traffic or create a
hazardous condition.
(b) You must obey posted parking
closures or restrictions.
(c) You must not operate a motor
vehicle or OHV in excess of the posted
speed limit, or in excess of 15 mph
around camping areas, 50 feet from any
campsite, parked vehicle(s), person(s),
or animal(s).
(d) You must not possess or use any
glass container on the open sand dunes
or trails. Persons may possess glass
containers within the confines of their
camping area.
(e) You must not cut, collect, or use
live, dead, or down wood.
15. In the Wolford Mountain SRMA,
(a) You must possess and use a
hazardous materials spill kit if
necessary during travel on the
Sidewinder Extreme 4x4 trail.
(b) Travel is allowed on the
Sidewinder Extreme 4x4 trail only when
the top 1 inch of soil is dry and there
is no rutting.
16. In the Upper Colorado River
SRMA,
(a) You must not camp, or display
intent to camp overnight, without an
approved portable toilet.
(b) You must carry and use an
approved portable toilet when on an
overnight trip. The system must be
adequate for the size of the group and
length of the trip. The toilet system
must be a reusable, washable, leak-proof
toilet system that allows for the carryout and disposal of solid human body
waste in a responsible and lawful
manner and must be accessible during
the trip.
(c) All solid human waste, including
WAG bags, must be contained in a leakproof, animal-proof, hard-sided
container with a screw-on or ratchetlocking lid.
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Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Proposed Rules
khammond on DSKJM1Z7X2PROD with PROPOSALS
(d) You must set up an approved
portable toilet, ready for use, as soon as
practical upon arriving at the campsite
to be occupied on an overnight trip. You
must not empty an approved portable
toilet into a developed toilet facility, or
any other facility not developed and
identified especially for that purpose.
Leaving solid human waste on public
lands or dumping it into vault toilets or
trash receptacles at BLM-managed
facilities is prohibited.
(e) You must not camp or display
intent to camp during an overnight river
trip without an approved fire pan.
(f) You must not build, ignite,
maintain, or use a campfire not
contained in an approved fire pan.
(g) You must not leave fresh fire ash
produced from a campfire in a fire pan
or in a constructed, permanently
installed metal fire pit provided by the
BLM outside of the Pumphouse,
Radium, and State Bridge Recreation
Sites. Fire blankets under fire pans to
facilitate total ash removal are
recommended but are not required.
(h) You must remove and properly
dispose of all pet waste from developed
recreation sites/areas.
(i) You must not launch or take out a
vessel in areas signed as prohibiting
those activities.
(j) You must not cut, collect, or use
live, dead, or down wood except
driftwood.
Restrictions on Activities on Public
Lands in the Dominguez-Escalante NCA
1. You must not install permanent
climbing anchors in outstanding
geologic features identified on a BLM
sign or map.
2. You must not place or maintain
permanent climbing anchors inside the
Dominguez Canyon Wilderness Area
without a permit from the BLM.
3. You must not install permanent
climbing anchors that do not match the
color of the rock surface (fixtures,
hardware, and webbing, etc.).
4. You must not collect or harvest
firewood or native species in riparian
and wetland areas, except for driftwood.
5. You must not possess domestic
goats.
6. You must keep all domestic dogs
on leashes, except those actively
working on a livestock operation in
Wilderness Zone 1 and in the Escalante
Triangle RMZ in the Sawmill Mesa
ERMA (after the loop trail system is
constructed).
7. You must not exceed group-size
limit of 25 people in Wilderness Zone
1.
8. You must not exceed a group-size
limit of 12 people in Wilderness Zones
2 and 3.
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Jkt 262001
9. You must pack out all solid human
waste in Wilderness Zone 2.
10. You must pack out solid human
waste or bury solid human waste in a
cathole more than 100 meters
(approximately 383 feet) from natural
water sources (rivers, creeks, springs,
and seeps) in Wilderness Zone 3.
11. You must not place recreational
geocaches without BLM authorization
prior to placement.
12. You must not use a metal detector.
13. You must not use a paintball gun.
14. You must not use glass containers
in the Potholes Recreation Site
(Escalante Canyon) and Gunnison River
SRMA.
15. Consistent with Public Law 111–
11, you must not remove minerals from
the NCA.
16. You must pack out solid human
waste and fire ash. You must use
portable toilet systems and fire pans for
all overnight camping in undeveloped
camp sites in the following RMAs:
Gunnison River, Cactus Park, Escalante
Canyon.
17. You must not rock climb (e.g.,
bouldering, scrambling, trad climbing or
sport climbing) in the East Creek RMA
or Escalante Canyon RMA in areas or on
routes marked as closed by BLM.
18. You must not ride a horse,
donkey, mule, or burro in Wilderness
Zone 1 except on existing routes
identified on a BLM sign or map.
19. In the Gunnison River RMA,
(a) Motorized boat use is prohibited at
BLM boat ramps and at campsites from
May 1 through Labor Day Weekend.
(b) You must not have your dog off
leash at boat ramps and the mouth of
Dominguez Canyon.
(c) Exceeding a group size of 25 on the
river (including guides and dogs) is
prohibited.
(d) You must not camp outside of
designated campsites.
(e) Non-boating overnight camping is
prohibited at the mouth of Dominguez
Canyon from May 1 through Labor Day
Weekend.
(f) You must not camp more than 7
consecutive nights, unless otherwise
authorized in writing by the BLM.
20. In the Ninemile Hill Recreation
Management Area (RMA),
(a) You must not camp outside of
designated campsites. Dispersed
camping is allowed outside of
designated campsites, so long as such
camping takes place at least a 1⁄4 mile
(approximately 1,320 feet) away from
designated motorized routes.
(b) You must not camp for more than
7 consecutive days, unless otherwise
authorized in writing by the BLM.
21. In the Cactus Park RMA,
(a) You must not camp outside of
designated campsites.
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Sfmt 4702
(b) You must not camp for more than
7 consecutive days from April 1 through
Labor Day Weekend unless otherwise
authorized by the BLM.
22. In the Hunting Ground RMA
(a) You must not camp for more than
7 consecutive days, unless otherwise
authorized in writing by the BLM.
Exemptions
The following persons are exempt
from this proposed supplementary rule:
any Federal, State, local, and/or military
employees acting within the scope of
their official duties; members of any
organized rescue or fire fighting force
performing an official duty; and persons
who are expressly authorized or
approved by the BLM.
Enforcement
Any person who violates any part of
this supplementary rule 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.
(Authority: 43 U.S.C. 1733(a), 1740; 43 CFR
8365.1–6).
Douglas Vilsack,
BLM Colorado State Director.
[FR Doc. 2024–01399 Filed 1–24–24; 8:45 am]
BILLING CODE 4331–16–P
DEPARTMENT OF TRANSPORTATION
Office of Secretary of Transportation
49 CFR Parts 80 and 260
[Docket Number DOT–OST–2024–0006]
RIN 2105–AE69
Amendment to the Railroad
Rehabilitation and Improvement
Financing Program and Transportation
Infrastructure Finance and Innovation
Act Program Regulations
Office of the Secretary of
Transportation, Department of
Transportation.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Department of
Transportation (‘‘DOT’’ or ‘‘the
Department’’) proposes to implement
provisions of the Infrastructure
Investment and Jobs Act (the ‘‘IIJA’’)
that expand or modify the authorities
applicable to the Railroad Rehabilitation
and Improvement Financing (‘‘RRIF’’)
and Transportation Infrastructure
SUMMARY:
E:\FR\FM\25JAP1.SGM
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Agencies
[Federal Register Volume 89, Number 17 (Thursday, January 25, 2024)]
[Proposed Rules]
[Pages 4872-4880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01399]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8360
[BLM_CO_FRN_MO4500172299]
Public Lands in the Colorado River Valley, Grand Junction and
Kremmling Field Offices, and the Dominguez-Escalante National
Conservation Area, CO
AGENCY: Bureau of Land Management, Interior.
ACTION: Proposed supplementary rule.
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SUMMARY: The Bureau of Land Management (BLM) is proposing a
supplementary rule to protect natural resources and public health and
safety. The proposed supplementary rule would apply to public lands and
BLM facilities managed by the Colorado River Valley, Grand Junction,
and Kremmling Field Offices, and the Dominguez-Escalante National
Conservation Area (NCA) in Colorado managed by the Grand Junction and
Uncompahgre Field Offices.
DATES: Please submit comments by March 25, 2024. Comments received
after this date may not be considered in the development of the final
supplementary rule.
ADDRESSES: You may submit comments by the following methods: ePlanning
https://eplanning.blm.gov/eplanning-ui/project/90071/510, mail or hand
deliver to Proposed Supplementary Rule, Attention: Erin Jones, Upper
Colorado
[[Page 4873]]
River District, 2815 H Road, Grand Junction, CO, 81506.
FOR FURTHER INFORMATION CONTACT: Erin Jones, Upper Colorado River
District Associate District Manager (see address listed earlier), or by
phone: (970) 244-3008; or 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
Written comments on the proposed supplementary rule should be
specific, confined to issues pertinent to the proposed supplementary
rule, and explain the reason for any recommended change. Where
possible, comments should reference the specific section or paragraph
of the proposed supplementary rule that the comments are addressing.
The BLM will consider comments received before the end of the comment
period (see DATES), including those that are postmarked before the
deadline and delivered to the address listed earlier (see ADDRESSES).
Comments, including names, street addresses, and other contact
information of respondents will be available for public review during
regular business hours (8:00 a.m. to 4:30 p.m. Monday through Friday,
except on Federal holidays) in the Colorado River Valley, Grand
Junction, Kremmling, and Uncompahgre Field Offices. 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 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 Colorado River Valley, Grand Junction, and Kremmling Field
Offices, and Dominguez-Escalante NCA completed new resource management
plans (RMPs) in recent years. Supplementary rules are necessary to
implement the decisions in the RMPs, which would facilitate enforcement
of these decisions and protect natural resources and public health and
safety.
The field offices completed their RMP processes and issued Records
of Decision (RODs) after inviting the public to comment during scoping
and public-comment periods. The field offices review each public
comment received during each step of the process and responded to all
comments received during the public-comment periods (see the individual
RMPs for responses to public comments). Some parts of the proposed rule
have already been in effect under previous RMPs; for example, the 14-
day camping limits and restrictions on mechanized travel. Other
proposed rule restrictions are from the new RMPs published in 2015,
such as the restrictions on rock climbing in the Colorado River Valley
Field Office and on metal detectors and paintball guns in Dominguez-
Escalante NCA.
III. Discussion of the Proposed Supplementary Rule
This proposed supplementary rule would apply to public lands and
BLM facilities managed by the Colorado River Valley Field Office, Grand
Junction Field Office, Kremmling Field Office, and Dominguez-Escalante
NCA.
This proposed supplementary rule would address resource damage,
public safety, wildland fire, and wildlife disruption concerns. The BLM
consulted with the Shooting Sports Roundtable while preparing each RMP
to coordinate on the shooting closures described in this proposed rule.
We expect that concerns raised over restrictions to recreational
activities in this proposed supplementary rule will be similar to those
that the BLM addressed when it developed the supporting RMPs. Issues
raised during the development of the supporting RMPs included concerns
over the size and location of areas available for mechanized travel,
target shooting, and camping in each field office or NCA, and the
suitability of the areas for those uses. BLM examined the issues and
comments submitted during the development of each RMP and struck a
balance between making areas available for these types of activities
and imposing restrictions where necessary to protect natural resources
and public health and safety.
The proposed supplementary rule conforms with management decisions
contained in the following RMPs:
[ssquf] Colorado River Valley RMP (2015) as amended by the Sutey
Ranch and Haines Parcel Approved RMP Amendment (2019);
[ssquf] Grand Junction RMP (2015);
[ssquf] Kremmling RMP (2015); and
[ssquf] Dominguez-Escalante NCA RMP (2017).
The authority for this supplementary rule is set forth at sections
303 and 310 of the Federal Land Policy and Management Act (FLPMA), 43
U.S.C. 1733 and 1740, as well as 43 CFR 8365.1-6, which authorizes BLM
State Directors to establish a supplementary rule for the protection of
persons, property, and public lands and resources.
IV. Procedural Matters
Regulatory Planning and Review (Executive Orders 12866 and 13563)
The 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 as amended by Executive Order 14094.
The proposed supplementary rule would not have an effect of $200
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 rule would not create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency. The proposed supplementary 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 does it
raise novel legal or policy issues. This proposed supplementary rule
would merely impose limitations on certain activities on certain public
lands to protect natural resources and human health and safety.
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 rule
would have no effect on business entities of any size. The proposed
supplementary rule would merely impose reasonable restrictions on
certain 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 this proposed supplementary rule would not
have a significant economic impact on a substantial number of small
entities.
[[Page 4874]]
Congressional Review Act
This proposed supplementary rule is not a ``major rule'' as defined
at 5 U.S.C. 804(2). This proposed supplementary rule would merely
impose reasonable restrictions on certain recreational activities on
certain public lands to protect natural resources, the environment and
human health and safety. This proposed supplementary rule 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 rule 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 it have a significant or
unique effect on State, local, or Tribal governments or the private
sector. The proposed supplementary rule would merely impose reasonable
restrictions on certain recreational activities on specific 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.).
Governmental Actions and Interference With Constitutionally Protected
Property Rights--Takings (Executive Order 12630)
The proposed supplementary rule does not constitute a government
action capable of interfering with constitutionally protected property
rights. The proposed supplementary rule 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 this proposed supplementary rule would not cause a
``taking'' of private property or require further discussion of takings
implications under this Executive order.
Federalism (Executive Order 13132)
The proposed supplementary rule 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 this
proposed supplementary rule does not have sufficient federalism
implications to warrant preparation of a Federalism Assessment.
Civil Justice Reform (Executive Order 12988)
Under Executive Order 12988, the BLM has determined that this
proposed supplementary rule would not unduly burden the judicial system
and that it meets the requirements of sections 3(a) and 3(b)(2) of
Executive Order 12988.
Consultation and Coordination With Indian Tribal Governments (Executive
Order 13175 and Departmental Policy)
In accordance with Executive Order 13175, the BLM has found that
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 Indian Tribes or U.S.
Government-owned lands managed by the Bureau of Indian Affairs.
Paperwork Reduction Act
This proposed supplementary rule does 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. 3501-3521.
National Environmental Policy Act
This proposed supplementary rule would implement key decisions in
the following RMPs: Colorado River Valley Field Office, Grand Junction
Field Office, Kremmling Field Office, and Dominguez-Escalante NCA. The
BLM's National Environmental Policy Act (NEPA) reviews for these
management plans analyzed the effects of implementing the RMP decisions
through a supplementary rule. The BLM prepared a Determination of NEPA
Adequacy to confirm that the prior analyses and public comment
processes were sufficient to inform the decision to establish this
supplementary rule. Therefore, additional NEPA analysis is not
required. Copies of the Environmental Impact Statements and RODs for
each RMP, and the Determination of NEPA Adequacy for this proposed
supplementary rulemaking, are on file at the BLM offices at the
addresses specified in the ADDRESSES section and electronic copies are
available online at https://eplanning.blm.gov/eplanning-ui/project/90071/510.
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution or Use (Executive Order 13211)
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 has 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).
Facilitation of Cooperative Conservation (Executive Order 13352)
In accordance with Executive Order 13352, the BLM has determined
that the 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 associated programs, projects, and
activities are consistent with protecting public health and safety.
V. Proposed Rule
Author
The principal author of this proposed supplementary rule is Erin
Jones, Associate District Manager BLM Upper Colorado River District
Office.
For the reasons stated in the preamble, and under the authority of
43 U.S.C. 1733(a) and 1740, and 43 CFR 8365.1-6, the State Director
proposes a supplementary rule for public lands and facilities in the
Colorado River Valley Field Office, Grand Junction Field Office,
Kremmling Field Office, and Dominguez-Escalante NCA.
Proposed Supplementary Rule for the Colorado River Valley Field Office,
Grand Junction Field Office, Kremmling Field Office, and Dominguez-
Escalante National Conservation Area
Definitions and Acronyms
(1) As used in this Supplementary Rule, the term:
Approved Portable Toilet means any non-biodegradable, durable
container designated to receive and hold human waste, in any container
position without leaking; and equipped with a dumping
[[Page 4875]]
system that allows the container to be emptied into a standard
receiving or dump system designed for that purpose (such as a SCAT
machine or recreational vehicle dump station), in a sanitary manner,
without spills, seepage, or human exposure to human waste; or any
approved biodegradable landfill-approved bag system designed for
landfill or garbage can disposal (such as a ``WAG'' bag, a human waste
disposal bag).
Camp means erecting a tent or shelter of natural or synthetic
material; preparing a sleeping bag or other bedding material; parking a
motor vehicle, motor home, or trailer; or mooring a vessel for the
apparent purpose of overnight occupancy.
Campfire means a controlled fire occurring out of doors, used for
cooking, branding, personal warmth, lighting, ceremonial, or aesthetic
purposes.
Designated campsite means a BLM-designated campsite, marked with a
visible number or identification mounted on a post or placard.
Designated sites may be undeveloped or developed with basic amenities.
Developed recreation site. See definition at 43 CFR 8360.0-5(c).
Developed toilet facility means a vault-type, pit, or portable
toilet provided by the BLM or its partners.
Dispersed campsite means an undesignated campsite not located in a
campground that is traditionally used for camping.
Firearm means a weapon, by whatever name known, that is designed to
expel a projectile by the action of powder; and be readily capable of
use as a weapon.
Fire pan means a durable metal fire pan at least 12 inches in
diameter with at least a 1.5-inch lip around its outer edge and
sufficient to contain fire and fire remains containing fire, charcoal,
and ash, while preventing ashes or burning material from spilling onto
the ground; and that is elevated above the ground.
Fire ring means a ring designed to contain a fire on the ground and
can be natural or manmade, constructed of non-flammable materials, and
is not considered a designated trash receptacle.
Intent to camp means any off-loading, or preparing for use of
common overnight equipment, such as tents, sleeping bags or bedding,
food, cooking or dining equipment, or lighting equipment; or preparing
common camping equipment for use in or on any boat.
Mechanized travel means moving by means of a mechanical device,
such as a bicycle or game retrieval cart; not powered by a motor.
Over-snow vehicle means a motor vehicle that is designed for use
over snow and that runs on a track or tracks and/or a ski or skis,
while in use over snow.
Public lands means any lands and interests in lands owned by the
United States and administered by the Secretary of the Interior through
the Bureau of Land Management without regard to how the United States
acquired ownership, except:
1. lands located on the Outer Continental Shelf; and
2. lands held for the benefit of Indians, Aleuts, and Eskimos.
Recreational Target Shooting means target shooting that uses any
devices to propel a projectile, including but not limited to firearms,
bow and arrow, sling shots, paint ball guns, and air guns. Target
shooting is not considered hunting. Hunting with a valid hunting
license is allowed in areas that are closed to target shooting.
Resource damage means impacts to natural resources or public lands
due to injury, destruction, or loss of natural resources, resulting in
the necessary restoration or replacement of such natural resources.
Sport rock climbing means a style of climbing that relies on fixed
protection against falls, usually bolts and/or top anchors.
Target means an object constructed of wood, paper, or biodegradable
materials, or commercially manufactured and designed for target
shooting, and that may be supported by a target frame (e.g., metal or
PVC frame).
Target backstop means an unobstructed earthen mound or bank at
least 8 feet in height which must stop the progress of and contain all
projectiles, fragments, and ricochets in a safe manner.
Vehicle means any motorized transportation conveyance designed and
licensed for use on roadways, such an automobile, bus, motorcycle, or
truck, and any motorized conveyance originally equipped with safety
belts.
WAG Bag means any approved, commercially engineered, biodegradable,
landfill-approved bag system containing enzymes, polymers, or waste-
alleviating gelling compounds that is designed for landfill or garbage
can disposal (such as a ``Waste Alleviation and Gelling'' bag, a human
waste disposal bag). The double bag system must be made of puncture
resistant material, must be spill proof, hygienic, and approved for
disposal in any garbage can.
(2) As used in this proposed Supplementary Rule, the following
additional acronyms apply:
ACEC means Area of Critical Environmental Concern.
ERMA means Extensive Recreation Management Area.
OHV means off-highway vehicle.
NCA means National Conservation Area.
RMA means Recreation Management Area.
RMZ means Recreation Management Zone.
SRMA means Special Recreation Management Area.
USFS means United States Forest Service.
WSA means Wilderness Study Area.
Prohibited Acts on Public Lands Managed by the Colorado River Valley
Field Office, Grand Junction Field Office, and Kremmling Field Office
and in Dominguez-Escalante NCA
1. You must not abandon animal carcasses, or any part of an animal
carcass, within 100 feet of the outer perimeter of any campsite
(designated or dispersed) or 100 feet from the edge of any roadway or
any water source.
2. You must not operate mechanical transport (e.g., bicycles,
mountain bikes) other than on designated roads and trails allowing such
use or in designated-open areas and within designated-open timeframes.
3. You must not have a campfire outside of a designated campsite in
the following areas:
Table 1--No Campfires Outside of Designated Campsites
[Accompanying maps in Appendix A]
------------------------------------------------------------------------
Grand Junction Field Office Dominguez-Escalante NCA
------------------------------------------------------------------------
[ssquf] Pyramid Rock Area of Critical [ssquf] In the Gunnison
Environmental Concern (ACEC) River SRMA Corridor and
[ssquf] Unaweep Seep ACEC other riparian and wetland
[ssquf] Dolores River Riparian ACEC areas
[ssquf] Bangs SRMA Recreation Management
Zone (RMZ) 1
[ssquf] Bangs SRMA RMZ 3
[[Page 4876]]
[ssquf] Bangs SRMA RMZ 2 in the portion of
the RMZ north of the drainage at the
bottom of Rough Canyon
[ssquf] Palisade Rim SRMA
[ssquf] Grand Valley Shooting Ranges ERMA
[ssquf] Gunnison River Bluffs ERMA
[ssquf] Horse Mountain ERMA RMZ 1
[ssquf] Horse Mountain ERMA RMZ 2
[ssquf] Horse Mountain ERMA RMZ 3
[ssquf] 18 Road Open OHV Area within the
North Desert ERMA
[ssquf] Within 100 meters (or
approximately 328 feet) of standing
historic structures to include, but not
limited to, Calamity Camp and New Verde
Mine, unless administratively permitted
------------------------------------------------------------------------
4. You must not camp outside of designated campsites and developed
campgrounds in the following areas:
Table 2--Camping Restricted to Designated Campsites and Developed
Campgrounds Only
[Accompanying maps in Appendix A]
------------------------------------------------------------------------
Colorado River
Valley Field Grand Junction Kremmling Field Dominguez-
Office Field Office Office Escalante NCA
------------------------------------------------------------------------
[ssquf] Within [ssquf] Pyramid [ssquf] Within [ssquf] Cactus
0.25-mile of the Rock ACEC 0.25-mile of the Park SRMA
Fisher Creek [ssquf] Unaweep Colorado River [ssquf]
Cemetery Road Seep ACEC of the Upper Gunnison River
[ssquf] Within [ssquf] Dolores Colorado River SRMA
300 feet from River Riparian SRMA [ssquf]
the centerline ACEC [ssquf] The open Escalante
of North [ssquf] Bangs OHV area south Canyon SRMA,
Hardscrabble SRMA RMZ 1 and east of including the
Access Road [ssquf] Bangs Wolford Mountain Escalante
(Spring Creek) SRMA RMZ 2 in [ssquf] Wolford Potholes
[ssquf] Glenwood the portion of SRMA Recreation Recreation
Canyon in the the RMZ north of Management Zone Site
Horseshoe Canyon the drainage at 3--Lands west of [ssquf] RMZ 2
(Bend) area the bottom of Grand County Sawmill Mesa/
[ssquf] Within Rough Canyon Road 224, south Wagon Park
0.25-mile of [ssquf] Bangs of Wolford ERMA
Prince Creek SRMA RMZ 3 Mountain, west
Road (Pitkin [ssquf] Dolores of Wolford
County Road 7), River SRMA Reservoir, and
including the [ssquf] North east of U.S. Hwy
Haines Parcel Fruita Desert 40
[ssquf] Eagle SRMA [ssquf]
River ERMA [ssquf] Palisade Confluence
[ssquf] Garfield Rim SRMA Recreation Site,
Creek Colorado [ssquf] Grand and adjacent BLM-
River Access Valley Shooting managed public
Site and on Ranges ERMA lands
surrounding BLM [ssquf] Gunnison [ssquf] Reeder
lands River Bluffs Creek Fishing
[ssquf] Silt Mesa ERMA Access, and
ERMA (BLM lands [ssquf] Horse adjacent BLM-
south of the Mountain ERMA managed public
crest of the (all RMZs) lands
Grand Hogback [ssquf] 18 Road [ssquf] Sunset
mountain) Open OHV Area Fishing Access,
[ssquf] Thompson within the North and adjacent BLM
Creek area Desert ERMA managed public
within 0.25-mile [ssquf] Miracle lands
of USFS Road 305 Rock Recreation [ssquf] Windy Gap
[ssquf] Red Hill Site Fishing Access
SRMA (north of [ssquf] Mud Parking Area
Carbondale, Springs [ssquf] Fraser
Colorado) Campground River Fishing
[ssquf] East [ssquf] Within Access Parking
Glenwood Canyon 100 meters (or Area
Trailhead area approximately [ssquf]
north of the 328 feet) of Sidewinder Jeep
Colorado River standing Trail Parking
[ssquf] South historic Area
Canyon structures to [ssquf] Kremmling
Recreation Site include, but not Cretaceous
and surrounding limited to, Ammonite Site
area Calamity Camp [ssquf] Barger
[ssquf] Ute and New Verde Gulch Paleo-
Trailhead (near Mine, unless Indian Site
Dotsero) west administratively [ssquf] Yarmony
and north of the permitted Pit House Site
Colorado River [ssquf] Upper CO
[ssquf] Sutey River SRMA
Ranch Yarmony Jeep
Trail Recreation
Management Zone
4
[ssquf]
Independence
Mountain Tipi
Site
[ssquf] Junction
Butte Wetlands
[ssquf] Upper CO
River SRMA Gore
Canyon Ranch
Recreation
Management Zone
5
[ssquf] Hurd Peak
and Tab Rock
staging areas
[ssquf]
Headwaters RMA
Jacques staging
area, and
adjacent BLM-
managed public
lands
[ssquf] North
Sand Hills
Instant Study
Area
------------------------------------------------------------------------
5. Equestrian travel is prohibited on/in the following trails/
areas:
[[Page 4877]]
Table 3--Areas Closed to Equestrian Travel
[Accompanying maps in Appendix A]
------------------------------------------------------------------------
Colorado River Valley Grand Junction Field Kremmling Field
Field Office Office Office
------------------------------------------------------------------------
[ssquf] Storm King Trail [ssquf] Pyramid Rock ACEC [ssquf]
[ssquf] Sutey Ranch from [ssquf] Mica Mine Trail Kremmling
December 1 through April [ssquf] Rough Canyon Trail Cretaceous
15 [ssquf] Free Lunch Trail Ammonite ACEC/
[ssquf] Pucker Up Trail Resource
Natural Area
(RNA)
[ssquf] Fraser
River Canyon
Access Trail
[ssquf] Gore
Canyon Trail
[ssquf]
Argentine Trail
------------------------------------------------------------------------
6. Recreational target shooting is prohibited on the following BLM-
managed lands to protect visitor safety (discharge of firearms, other
weapons, and fireworks on developed recreation sites and areas is
prohibited under 43 CFR 8365.2-5(a)).
Table 4--Areas Where Recreational Target Shooting Is Prohibited
[Accompanying maps in Appendix A]
------------------------------------------------------------------------
Colorado River
Valley Field Grand Junction Kremmling Field Dominguez-
Office Field Office Office Escalante NCA
------------------------------------------------------------------------
[ssquf] Within [ssquf] Bangs [ssquf] Upper [ssquf]
300 feet from SRMA RMZs 1, 2, Colorado River Dominguez
the centerline and 3 SRMA Canyon
of North [ssquf] Coal [ssquf] Barger Wilderness
Hardscrabble Canyon and Main Gulch fishing Zone 1
Access Road Canyon areas access [ssquf]
(Spring Creek) [ssquf] Grand [ssquf] Highway 9 Gunnison River
[ssquf] Silt Mesa Valley OHV SRMA fishing access SRMA
ERMA (BLM lands [ssquf] Gunnison [ssquf] Reeder [ssquf]
south of the River Bluffs Creek fishing Escalante
crest of the ERMA area Canyon SRMA
Grand Hogback [ssquf] Horse [ssquf] Reeder [ssquf] East
Mountain) Mountain ERMA, Creek parking/ Creek ERMA
including RMZ 1 access Sunset
west of Sink fishing access
Creek, RMZ 2, [ssquf] Upper
and areas Colorado River
adjacent to corridor and
residences at Scenic Byway
the end of C [ssquf] Hebron
Road Watchable
[ssquf] Mt. Wildlife Area
Garfield ACEC [ssquf] Wolford
[ssquf] North SRMA, south
Desert ERMA18 portion
Road Open OHV [ssquf]
area Strawberry SRMA,
[ssquf] North Strawberry/Hurd
Fruita Desert Peak Area
SRMA [ssquf] North
[ssquf] Palisade Sand Hills SRMA
Rim SRMA and Cooperative
[ssquf] Pyramid Management Area
Rock ACEC [ssquf]
Headwaters ERMA
[ssquf] Kinney
Creek trailhead
[ssquf] Jacques
parking area
------------------------------------------------------------------------
7. Overnight use is prohibited in the following areas (day-use
allowed only):
Table 5--Day Use Only--Overnight Use Prohibited
[Accompanying maps in Appendix A]
------------------------------------------------------------------------
Colorado River
Valley Field Grand Junction Kremmling Field Dominguez-
Office (use Field Office (use Office (use Escalante NCA
prohibited from prohibited from prohibited from (use prohibited
10:00 p.m.-6:00 sunset-sunrise) sunset-sunrise) from sunset-
a.m.) sunrise)
------------------------------------------------------------------------
[ssquf] BLM [ssquf] 34 and C [ssquf] BLM [ssquf] Rambo/
recreation sites Roads (areas recreation Little
where camping adjacent to the sites where Dominguez
facilities are Horse Mountain camping Canyon Heritage
not provided ERMA) facilities are Area
[ssquf] Deep [ssquf] Grand not provided [ssquf] The
Creek Canyon-- Valley Shooting Wilderness
within 0.25- Ranges ERMA portion of Big
miles of Deep (with an Dominguez
Creek accessible exception for Heritage Area
from the Coffee authorized [ssquf] The
Pot Road training Wilderness
exercises) portion of
Leonard's Basin
Heritage Area
[ssquf] Sutey [ssquf] Horse ................ [ssquf]
Ranch Mountain ERMA Wilderness Zone
(RMZ 1 (portion 1
of the RMZ west
of Sink Creek),
RMZ 2 and RMZ 3)
[ssquf] Redlands ................ [ssquf]
Dam area along Wilderness
the Gunnison portion of the
River Leonards Basin
[ssquf] The Heritage Area
Potholes on the [ssquf] East
Little Dolores Creek ERMA
River off of 9.8
Road in the
Glade Park area
------------------------------------------------------------------------
8. The following areas are closed to mechanized travel during the
specified timeframes to protect wintering big game species.
Table 6--Areas Closed to Mechanized Travel During Winter/Spring
[Accompanying maps in Appendix A]
------------------------------------------------------------------------
Colorado River Dominguez-
Valley Field Grand Junction Kremmling Field Escalante NCA
Office (December Field Office Office (December (December 1
1 through April (December 1 15 through April through April
15) through May 1) 15) 30)
------------------------------------------------------------------------
[ssquf] Basalt [ssquf] Little [ssquf] [ssquf] Gibbler
Mountain (south Book Cliffs Wild Strawberry SRMA Gulch
portion--1,300 Horse Range Wolford [ssquf] Wagon
acres) [ssquf] Beehive Mountain Travel Park
[ssquf] Boiler- Wildlife Management Area [ssquf] Sowbelly
East Elk Creek- Emphasis Area and SRMA [ssquf] Upper
New Castle (WEA) [ssquf] North Sawmill Mesa
(4,400 acres) [ssquf] Blue Mesa Sand Hills SRMA
WEA
[[Page 4878]]
[ssquf] [ssquf] East Salt [ssquf] Dry Mesa
Cottonwood Creek Creek WEA
(13,800 acres) [ssquf] Rapid
[ssquf] Dry Rifle Creek WEA
Creek (2,200 [ssquf] Chalk
acres) Mountain
[ssquf] East [ssquf] Coal ................ ................
Eagle except for Canyon
the following [ssquf] Demaree
bike trails: (a) Canyon outside
Boneyard Trail; of the
(b) Redneck Wilderness Study
Ridge Trail; and Area (WSA)
(c) Western [ssquf] Garvey
portion of Pool Canyon
and Ice Trail [ssquf] Grand
(6,000 acres) Mesa Slopes
[ssquf] Fisher [ssquf] Howard
Creek-Cattle Canyon Flats
Creek (2,800 [ssquf] Indian
acres) Point
[ssquf] Post
Canyon
[ssquf] Flatiron [ssquf] Lapham ................ ................
Mesa (800 acres) Canyon
[ssquf] [ssquf] Coal
Hardscrabble Gulch
(24,600 acres) [ssquf] Fruita
[ssquf] Light Slopes
Hill (3,800 [ssquf] Rapid
acres) Creek
[ssquf] Red
Canyon-Hells
Pocket-Bocco
Mountain-East
Castle Peak
(14,500 acres)
[ssquf] Red Hill ................. ................ ................
SRMA (north
side) (2,600
acres)
[ssquf] The ................. ................ ................
Crown, except
for the bike
trail system
paralleling
Prince Creek
Road (9,200
acres)
[ssquf] Thompson ................. ................ ................
Creek/Holgate
Mesa (9,500
acres)
[ssquf] West ................. ................ ................
Rifle Creek
(1,100 acres)
[ssquf] Williams ................. ................ ................
Hill (1,500
acres)
[ssquf] Winter ................. ................ ................
Ridge, Black
Mountain, Pisgah
Mountain,Windy
Point, Boore
Flat, and
Domantle (33,500
acres)
------------------------------------------------------------------------
Restrictions on Activities on Public Lands Managed by the Colorado
River Valley Field Office
1. You must not engage in target shooting without a target
backstop.
2. You must not build or maintain a fire more than 3 feet in
diameter, unless otherwise authorized.
3. Unless the campsite is marked and designated by the BLM, you
must not camp within 100 feet from any spring, pond, lake, or perennial
stream.
4. You must keep dogs and other domesticated animals on a leash or
other similar constraint (e.g., voice control, shock collar) where
indicated by a BLM sign, brochure, or map. This regulation does not
apply to livestock working or hunting dogs engaged in those activities.
You must remove and properly dispose of all pet waste from developed
recreation sites and areas.
5. You must not cut live or dead standing trees unless otherwise
permitted. You may collect only dead and down wood for campfires.
6. You must not camp or otherwise occupy any location or site for
more than 7 consecutive days from April 1 to August 31, unless
otherwise authorized in writing by the BLM.
7. You must not camp or otherwise occupy any location or site for
more than 14 consecutive days between September 1 and March 31, unless
otherwise authorized in writing by the BLM.
8. In areas with limited travel designations, mechanized travel is
limited to designated routes.
9. In areas with limited travel designations, mechanized and
motorized travel up to 300 feet from designated motorized/mechanized
routes is permitted for direct access to dispersed campsites provided
that: (a) no resource damage occurs; (b) no new routes beyond the
campsite are created; and (c) such access is not otherwise prohibited
(such as in WSAs).
10. In areas open for over-snow travel, travel off designated
routes is prohibited unless a minimum of 12 inches of snow cover exists
and no resource damage will occur from over-snow travel.
11. In the Thompson Creek ERMA,
(a) You may reestablish old rock-climbing routes and permanent
fixed climbing anchors (bolts and pitons) only at the BLM-recognized
sport rock climbing area (rock fins, narrow walls of hard sedimentary
rock).
(b) You must not develop additional bolted routes outside of the
BLM-recognized sport rock climbing area (rock fins).
(c) You may use mechanical devices (e.g., power drills) only at the
BLM-recognized sport rock climbing area (rock fins).
(d) You must not exceed a climbing group size (per route) of four
people per day, including staff, at the BLM-recognized sport rock
climbing area (rock fins).
12. In the Upper Colorado SRMA,
(a) You must not exceed a group size of 25 people per group
(including guides) for commercial and private river groups.
(b) You must not camp or display an intent to camp during an
overnight river trip without an approved fire pan.
(c) You must not camp, or display an intent to camp overnight,
without an approved portable toilet.
(d) You must carry and use an approved portable toilet on an
overnight trip. The system must be adequate for the size of the group
and length of the trip. All solid human bodily waste, including WAG
bags, must be contained in a leak-proof, hard-sided container with a
screw-on or ratchet-locking lid.
(e) You must not fail to set up an approved portable toilet, ready
for use, as soon as practical upon arriving at the campsite to be
occupied on an overnight trip if a toilet facility (porta-potty or
vault toilet) is not provided by the BLM.
(f) You must not empty an approved portable toilet into a developed
toilet facility, or any other facility not developed and identified
especially for that purpose. Leaving solid human waste on public lands
or dumping it into vault toilets or trash receptacles at BLM-managed
facilities is prohibited unless using a WAG-bag system that is
specifically designed for disposal in trash receptacles.
[[Page 4879]]
(g) You must remove and properly dispose of all pet waste from
developed recreation sites/areas.
13. On the Sutey Ranch,
(a) You must not enter from December 1 through April 15 when
closure orders are in effect to protect wintering big game, except when
allowed under other applicable laws.
(b) You must not harvest timber, firewood, or special forest
products.
(c) You must not travel by mechanized vehicle from October 1
through May 31.
Restrictions on Activities on Public Lands Managed by the Grand
Junction Field Office
1. You must use an approved portable toilet at designated
undeveloped sites in the following areas: North Fruita Desert SRMA,
Bangs SRMA RMZ 2, and Dolores River SRMA.
2. You must not enter the Pyramid Rock ACEC.
3. You must not travel via any mode of transport (including foot
and horse travel) off designated routes in the following areas: Bangs
SRMA RMZ 1 north of Little Park Road and Andy's Loop, and Gunnison
River Bluffs ERMA.
4. You must not collect dead and down wood in the following areas,
except for campfire use: Unaweep lands with wilderness characteristics
area; riparian areas; Pyramid Rock ACEC; Unaweep Seep ACEC; Bangs SRMA
RMZ 2.
5. You must collect only dead and down wood for campfires in the
North Desert ERMA.
6. You must not harvest timber or cut firewood in the following
areas: Bangs SRMA RMZ 1; RMZ 3; RMZ 4; North Fruita Desert SRMA;
Palisade Rim SRMA.
7. You must not exceed the following group-size limits, including
guides and dogs, without written authorization from the BLM: 12 in WSAs
and areas managed to protect wilderness characteristics; 25 for more
than 2 hours in the remaining lands managed by the Grand Junction Field
Office. For groups that exceed these limits, you must contact the BLM
prior to the outing so that the BLM can determine whether an organized
group Special Recreation Permit is required.
8. You must have campfires within agency-provided fire rings or
approved fire pans at designated undeveloped sites in the following
areas: Dolores River SRMA, Bangs SRMA RMZ 2, North Fruita Desert SRMA.
9. You must not install permanent climbing anchors that do not
match the color of the rock surface (fixtures, hardware, and webbing,
etc.).
Restrictions on Activities on Public Lands Managed by the Kremmling
Field Office
1. You must not empty or dispose of sewage and/or gray water held
in a containment tank on public lands or at any facility not
specifically identified for such disposal.
2. You must not build or maintain a fire more than 3 feet in
diameter, unless otherwise authorized in writing by the BLM.
3. You must not leave, deposit, or scatter human waste, toilet
paper, or items used as toilet paper, when an approved portable toilet
or developed toilet facility is available. Where a developed toilet
facility is not provided, and an approved portable toilet is not
required, all human waste and toilet paper, or material used as toilet
paper, must be buried at least 6 inches below the surface of the ground
in natural soil, and at least 100 feet from the edge of a river or any
other water source.
4. You must not dig in or level the ground at any campsite.
5. In areas open to dispersed camping, you must not camp outside of
designated sites within 50 feet of any spring, pond, lake, or perennial
stream.
6. You must keep dogs and other domesticated animals on a leash or
other similar constraint (e.g., voice control, shock collar). This
regulation does not apply to livestock working or hunting dogs engaged
in those activities. You must remove and properly dispose of all pet
waste from developed recreation sites/areas.
7. Fuel wood collection is prohibited in developed recreation
areas. Fuel wood for recreational campfires outside of developed
recreation areas is limited to dead and downed vegetation, unless
otherwise prohibited.
8. You must not camp or otherwise occupy any location or site for
more than 7 consecutive days from April 1 to August 31, unless
otherwise authorized in writing by the BLM.
9. You must not camp or otherwise occupy any location or site for
more than 14 consecutive days between September 1 and March 31, unless
otherwise authorized in writing by the BLM.
10. In areas open for over-snow travel in the field office, travel
off designated routes is prohibited unless a minimum of 12 inches of
snow cover exists and no resource damage will occur from over-snow
travel.
11. In areas with limited travel designations, mechanized travel is
limited to designated routes.
12. In areas with limited travel designations, motorized and
mechanized travel (bicycles) are allowed up to 300 feet from designated
motorized or mechanized transport routes for direct access to dispersed
campsites or parking provided that: (a) no resource damage occurs; (b)
no new routes are created; and (c) such access is not otherwise
prohibited.
13. In the Wolford Mountain Travel Management Area, motorized and
mechanized travel (bicycles) is allowed up to 50 feet from designated
motorized or mechanized routes for direct access to dispersed campsites
or parking provided that: (a) no resource damage occurs; (b) no new
routes are created; and (c) such access is not otherwise prohibited.
14. In the North Sand Hills SRMA,
(a) You must not park a vehicle in such a manner as to impede or
obstruct the normal flow of traffic or create a hazardous condition.
(b) You must obey posted parking closures or restrictions.
(c) You must not operate a motor vehicle or OHV in excess of the
posted speed limit, or in excess of 15 mph around camping areas, 50
feet from any campsite, parked vehicle(s), person(s), or animal(s).
(d) You must not possess or use any glass container on the open
sand dunes or trails. Persons may possess glass containers within the
confines of their camping area.
(e) You must not cut, collect, or use live, dead, or down wood.
15. In the Wolford Mountain SRMA,
(a) You must possess and use a hazardous materials spill kit if
necessary during travel on the Sidewinder Extreme 4x4 trail.
(b) Travel is allowed on the Sidewinder Extreme 4x4 trail only when
the top 1 inch of soil is dry and there is no rutting.
16. In the Upper Colorado River SRMA,
(a) You must not camp, or display intent to camp overnight, without
an approved portable toilet.
(b) You must carry and use an approved portable toilet when on an
overnight trip. The system must be adequate for the size of the group
and length of the trip. The toilet system must be a reusable, washable,
leak-proof toilet system that allows for the carry-out and disposal of
solid human body waste in a responsible and lawful manner and must be
accessible during the trip.
(c) All solid human waste, including WAG bags, must be contained in
a leak-proof, animal-proof, hard-sided container with a screw-on or
ratchet-locking lid.
[[Page 4880]]
(d) You must set up an approved portable toilet, ready for use, as
soon as practical upon arriving at the campsite to be occupied on an
overnight trip. You must not empty an approved portable toilet into a
developed toilet facility, or any other facility not developed and
identified especially for that purpose. Leaving solid human waste on
public lands or dumping it into vault toilets or trash receptacles at
BLM-managed facilities is prohibited.
(e) You must not camp or display intent to camp during an overnight
river trip without an approved fire pan.
(f) You must not build, ignite, maintain, or use a campfire not
contained in an approved fire pan.
(g) You must not leave fresh fire ash produced from a campfire in a
fire pan or in a constructed, permanently installed metal fire pit
provided by the BLM outside of the Pumphouse, Radium, and State Bridge
Recreation Sites. Fire blankets under fire pans to facilitate total ash
removal are recommended but are not required.
(h) You must remove and properly dispose of all pet waste from
developed recreation sites/areas.
(i) You must not launch or take out a vessel in areas signed as
prohibiting those activities.
(j) You must not cut, collect, or use live, dead, or down wood
except driftwood.
Restrictions on Activities on Public Lands in the Dominguez-Escalante
NCA
1. You must not install permanent climbing anchors in outstanding
geologic features identified on a BLM sign or map.
2. You must not place or maintain permanent climbing anchors inside
the Dominguez Canyon Wilderness Area without a permit from the BLM.
3. You must not install permanent climbing anchors that do not
match the color of the rock surface (fixtures, hardware, and webbing,
etc.).
4. You must not collect or harvest firewood or native species in
riparian and wetland areas, except for driftwood.
5. You must not possess domestic goats.
6. You must keep all domestic dogs on leashes, except those
actively working on a livestock operation in Wilderness Zone 1 and in
the Escalante Triangle RMZ in the Sawmill Mesa ERMA (after the loop
trail system is constructed).
7. You must not exceed group-size limit of 25 people in Wilderness
Zone 1.
8. You must not exceed a group-size limit of 12 people in
Wilderness Zones 2 and 3.
9. You must pack out all solid human waste in Wilderness Zone 2.
10. You must pack out solid human waste or bury solid human waste
in a cathole more than 100 meters (approximately 383 feet) from natural
water sources (rivers, creeks, springs, and seeps) in Wilderness Zone
3.
11. You must not place recreational geocaches without BLM
authorization prior to placement.
12. You must not use a metal detector.
13. You must not use a paintball gun.
14. You must not use glass containers in the Potholes Recreation
Site (Escalante Canyon) and Gunnison River SRMA.
15. Consistent with Public Law 111-11, you must not remove minerals
from the NCA.
16. You must pack out solid human waste and fire ash. You must use
portable toilet systems and fire pans for all overnight camping in
undeveloped camp sites in the following RMAs: Gunnison River, Cactus
Park, Escalante Canyon.
17. You must not rock climb (e.g., bouldering, scrambling, trad
climbing or sport climbing) in the East Creek RMA or Escalante Canyon
RMA in areas or on routes marked as closed by BLM.
18. You must not ride a horse, donkey, mule, or burro in Wilderness
Zone 1 except on existing routes identified on a BLM sign or map.
19. In the Gunnison River RMA,
(a) Motorized boat use is prohibited at BLM boat ramps and at
campsites from May 1 through Labor Day Weekend.
(b) You must not have your dog off leash at boat ramps and the
mouth of Dominguez Canyon.
(c) Exceeding a group size of 25 on the river (including guides and
dogs) is prohibited.
(d) You must not camp outside of designated campsites.
(e) Non-boating overnight camping is prohibited at the mouth of
Dominguez Canyon from May 1 through Labor Day Weekend.
(f) You must not camp more than 7 consecutive nights, unless
otherwise authorized in writing by the BLM.
20. In the Ninemile Hill Recreation Management Area (RMA),
(a) You must not camp outside of designated campsites. Dispersed
camping is allowed outside of designated campsites, so long as such
camping takes place at least a \1/4\ mile (approximately 1,320 feet)
away from designated motorized routes.
(b) You must not camp for more than 7 consecutive days, unless
otherwise authorized in writing by the BLM.
21. In the Cactus Park RMA,
(a) You must not camp outside of designated campsites.
(b) You must not camp for more than 7 consecutive days from April 1
through Labor Day Weekend unless otherwise authorized by the BLM.
22. In the Hunting Ground RMA
(a) You must not camp for more than 7 consecutive days, unless
otherwise authorized in writing by the BLM.
Exemptions
The following persons are exempt from this proposed supplementary
rule: any Federal, State, local, and/or military employees acting
within the scope of their official duties; members of any organized
rescue or fire fighting force performing an official duty; and persons
who are expressly authorized or approved by the BLM.
Enforcement
Any person who violates any part of this supplementary rule 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.
(Authority: 43 U.S.C. 1733(a), 1740; 43 CFR 8365.1-6).
Douglas Vilsack,
BLM Colorado State Director.
[FR Doc. 2024-01399 Filed 1-24-24; 8:45 am]
BILLING CODE 4331-16-P