Notice of Final Supplementary Rule for Canyons of the Ancients National Monument in Dolores and Montezuma Counties, CO, 89933-89937 [2024-26396]
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Federal Register / Vol. 89, No. 220 / Thursday, November 14, 2024 / Rules and Regulations
§ 60.3069
■
III. Discussion of Final Supplementary Rule
IV. Procedural Matters
V. Final Supplementary Rule
[Removed and Reserved]
8. Remove and reserve § 60.3069.
[FR Doc. 2024–25968 Filed 11–13–24; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8360
[BLM_CO_FRN_MO4500177561]
Notice of Final Supplementary Rule for
Canyons of the Ancients National
Monument in Dolores and Montezuma
Counties, CO
Bureau of Land Management,
Interior.
ACTION: Final supplementary rule.
AGENCY:
The Bureau of Land
Management (BLM) is finalizing a
supplementary rule to regulate conduct
on public lands within Canyons of the
Ancients National Monument (CANM or
Monument). This final supplementary
rule will implement planning decisions
in the 2010 CANM Resource
Management Plan (RMP). The final
supplementary rule will provide for the
protection of persons, property, and
public-land resources administered by
the BLM’s Tres Rios Field Office and
CANM, located in Dolores and
Montezuma Counties, Colorado.
DATES: The final supplementary rule is
effective on December 16, 2024.
ADDRESSES: Inquiries may be directed to
the BLM CANM at (970) 882–5600 or
27501 Highway 184, Dolores, CO 81323.
The final supplementary rule and
accompanying environmental
documents are available for inspection
at the BLM CANM. A map of the
management area and boundaries can be
obtained by contacting the CANM.
FOR FURTHER INFORMATION CONTACT:
Tyler Fouss, Field Staff Ranger, Bureau
of Land Management, Tres Rios Field
Office, 29211 Hwy. 184, Dolores, CO
81323; telephone (970) 882–1131; email:
tfouss@blm.gov. Individuals in the
United States who are deaf, deafblind,
hard of hearing, or have a speech
disability may dial 711 (TTY, TDD, or
TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. Background
II. Discussion of Public Comments
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I. Background
The BLM is establishing this
supplementary rule under the authority
of 43 CFR 8365.1–6, which authorizes
BLM state directors to establish
supplementary rules for the protection
of persons, property, and public lands
and resources.
CANM is part of the BLM’s National
Conservation Lands system and consists
of approximately 174,881 acres of BLMadministered public lands. The
monument is located in Dolores and
Montezuma counties in the Four
Corners region of southwestern
Colorado. President Clinton established
CANM on June 9, 2000, by Presidential
Proclamation Number 7317, pursuant to
the Antiquities Act of 1906 (34 Stat.
225, 54 U.S.C. 320301), to preserve the
cultural and natural objects of the
Monument. Prior to the issuance of
Proclamation 7317, CANM was
managed as the Anasazi Culture
Multiple Use Area of Critical
Environmental Concern, established
through the 1985 San Juan-San Miguel
RMP Record of Decision (ROD).
The BLM developed the CANM RMP
with extensive input from the public,
Tribes, and elected officials through
scoping, opportunities for public
comment, and advisory committee
meetings.
The BLM signed the CANM RMP and
ROD in June 2010, replacing portions of
the San Juan-San Miguel RMP/ROD and
incorporating management direction
from the Presidential Proclamation
establishing CANM. The CANM RMP
identifies specific management actions
that restrict certain activities and define
allowable uses within CANM. This final
supplementary rule will facilitate the
implementation and enforcement of
those management actions.
This final supplementary rule
implements management decisions in
the CANM RMP related to recreational
sporting activities, camping, travel
management, and collecting geological
and biological materials. Within the
Sand Canyon-Rock Creek Special
Recreation Management Area (SRMA),
activities such as hiking, mountain
biking, and horseback riding and
packing will be allowed only on
designated travel routes, as provided in
the CANM RMP.
II. Discussion of Public Comments
The BLM published a proposed
supplementary rule on April 6, 2023 (88
FR 20449), and received 116 comment
submissions during the 60-day public
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comment period. Three commenters
expressed support for the
supplementary rule.
One comment submitted by 112
individuals through a form email
expressed opposition to the proposed
rule prohibiting camping within 300
feet of riparian areas and indicated that
the BLM should instead implement a
100-foot buffer between campsites and
riparian areas. The 300-foot restriction
is set forth in the RMP and cannot be
changed without a plan amendment.
The prohibition on camping within 300
feet of springs, seeps, or streams affects
approximately 2,785 acres (roughly 1.6
percent of the monument) within
CANM. Most of the acreage is not
conducive to camping and has few
established campsites. The areas most
impacted are in lower Yellowjacket
Creek and McElmo Creek, where some
roads are close to streams. The
definition of riparian area has been
refined to match the definition in the
RMP, and the final rule has been
updated to clarify areas where the rule
applies. The definition in the proposed
rule was too broad and did not properly
identify the area where the rule will
apply.
A second comment in the form email
expressed the view that the BLM should
create additional routes and remove
wilderness study areas (WSAs).
Designating new routes is beyond the
scope of this supplementary rulemaking
process, which is focused solely on
implementing existing decisions that
the BLM has already analyzed in
accordance with the National
Environmental Policy Act (NEPA).
Designated routes identified in the
CANM transportation management plan
(TMP) are intended to avoid sensitive
cultural resources and other resource
concerns. Removal of WSAs identified
under section 603 of the Federal Land
Policy and Management Act (FLPMA)
would require Congress to release them
from WSA status.
One individual commented that the
NEPA process was flawed and the RMP
was deficient in providing a range of
alternatives. The commenter outlined
several recommendations for producing
alternatives. The commenter also
expressed the view that WSAs should
be removed and that camping
restrictions, geocaching, and gathering
of pine nuts should be analyzed. This
supplementary rule is not a planning
document but implements decisions
already analyzed through the CANM
RMP planning process. Compliance
with NEPA is documented in Section
IV. Procedural Matters, later in this
preamble. The restriction on camping,
geocaching, and pine nut collecting is
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set forth in the RMP and cannot be
changed without a plan amendment.
Removal of WSAs identified under
section 603 of FLPMA would require
Congress to release them from WSA
status.
In response to public comments, the
BLM revised the definition for ‘‘riparian
area’’ and clarified where the riparian
area rule applies in the final rule. The
remainder of the proposed
supplementary rules have been
incorporated into this final rule.
III. Discussion of Final Supplementary
Rule
The purpose of the final
supplementary rule is to protect public
health and safety and prevent damage to
natural and cultural resources, as well
as other resources, objects, and values
identified in the CANM Proclamation
and the CANM RMP. Certain activities,
by their very nature, have the potential
to adversely impact the objects the
Monument was established to protect.
The CANM RMP contains management
actions directing how the BLM manages
those activities, consistent with the
Proclamation. Many uses are
permissible so long as the objects of the
Monument are protected. Additionally,
the average user is unlikely to notice
changes resulting from the
establishment of this supplementary
rule implementing the CANM RMP.
The President established CANM to
protect objects of historic and scientific
interest, including archaeological and
geological resources, raptors and other
bird species, and reptiles. CANM
contains the highest known density of
archaeological sites in the United States,
with an average of one site eligible for
listing on the National Register of
Historic Places every 6 acres, or an
estimated 30,000 sites on this
landscape. The BLM is responsible for
protecting the objects for which the
Monument was designated and for
avoiding or minimizing impacts to
them.
The reasoning for each provision is
discussed below:
Final supplementary rule numbers 1
through 4 address collecting resources
on CANM. The Monument proclamation
prohibits appropriating, injuring,
destroying, or removing Monument
features and withdraws the lands and
interests in lands within the Monument
from entry, location, and disposition
under the public land laws; location,
entry, and patent under the mining
laws; and from disposition under all
laws relating to mineral leasing, except
for certain oil and gas development
activities. The CANM RMP more
specifically prohibits the recreational
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collection of paleontological or
geological resources, the scientific
collection of paleontological or
geological resources without a permit,
and the cutting or gathering of firewood.
The CANM RMP restricts pinyon pine
nut harvesting to 22.5 pounds for
personal or traditional use and prohibits
commercial harvesting.
Final supplementary rule number 5
addresses recreational target shooting
within CANM. The RMP prohibits
recreational shooting within CANM due
to the potential for damage to
archaeological sites, particularly rock
art. In the past, shooters have used
native vegetation, as well as skeet litter
and discarded appliances, for target
practice. This final supplementary rule
will prohibit recreational shooting.
Because the Proclamation does not
enlarge or diminish the State’s
jurisdiction over wildlife management,
hunting with a valid Colorado hunting
license is allowed within the
Monument, to the extent permissible
under State law.
Final supplementary rule number 6
addresses geocaching within CANM.
The CANM RMP prohibits geocaching
due to the potential for irrevocable harm
to the Monument’s archaeological
objects. A common problem is
geocachers using the Monument’s
archaeological sites to conceal items, or
caches, as part of a quasi-treasure hunt.
Geocachers often camouflage their
caches by moving rocks or organic
material from their original site, which
can damage the site’s archaeological
values. The large number of potential
cache sites within the Monument makes
this a serious concern.
Final supplementary rule number 7
addresses rock climbing within CANM.
The rule prohibits rock climbing,
rappelling, and bouldering within the
Monument except for areas designated
as open to climbing within the
Mockingbird Mesa Recreation Area
Management Zone. Climbing and
bouldering have the potential to
adversely affect archaeological sites and
nesting raptors in certain locations.
Climbing to cliff dwellings on unstable
slopes can be dangerous and undermine
archaeological features. Scrambling up
cliffs also can be a safety issue due to
unstable geological formations. Natural
oils from hands, climbing chalk, and
permanent fixed hardware on climbing
routes can cause irreversible impacts to
archaeological sites. Furthermore,
climbing activities are likely to disturb
or displace raptor populations,
especially nesting pairs, that reside in
the Monument in high densities.
Currently, one area within the
Mockingbird Mesa Recreation Area
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Management Zone is designated as open
to climbing. The BLM may, consistent
with the CANM RMP, consider
establishing additional climbing areas
within this zone in the future.
Final supplementary rule numbers 8
through 14 address camping and
campfires within CANM to provide a
more enjoyable experience for visitors
and to limit impacts from higher
visitation in specific management zones
and developed recreation sites.
The CANM RMP prohibits camping in
or near sensitive resources and areas
that experience the highest visitor use in
the Monument. This prohibition is
necessary to minimize impacts camping
could cause to those resources,
including the potential for the illegal
collecting or moving of artifacts, the
compromising of scientific research, and
the contamination of the archaeological
record.
Final supplementary rule number 10
requires campsites to be located at least
300 feet away from riparian areas and
the Monument’s limited water sources
to reduce stress on the wildlife that rely
on them.
Final supplementary rule numbers 12
and 13 prohibit campfires in and near
sensitive resources and the Monument’s
high visitor use areas.
In areas where campfires are allowed,
final supplementary rule number 14
requires that fires be built only in
firepans, or, if available, BLM-provided
fire rings.
Final supplementary rule numbers 15
through 20 address travel management
and access within CANM, consistent
with the CANM RMP and TMP. Access
restrictions and trail designations in the
Monument help preserve key scenic,
cultural, and wildlife habitat resources
that attract visitors to these public lands
and minimize conflicts among the
different types of users. Final
supplementary rule number 15 restricts
mechanized travel to designated travel
routes.
BLM policy directs WSAs be managed
to prevent the impairment of wilderness
characteristics, and the CANM RMP and
TMP designates no routes for motorized
or mechanized travel in WSAs.
Final supplementary rule number 16
prohibits motorized or mechanized
vehicles in WSAs.
Final supplementary rule numbers 17
and 18 prohibit parking in riparian
areas, more than 20 feet from the edge
of a designated travel route, or in a
manner that would damage Monument
resources.
To protect cultural resources in the
Sand Canyon-Rock Creek SRMA, which
is the most highly visited recreation area
in the Monument, the CANM RMP
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restricts hiking and horseback riding or
packing to designated travel routes
approved for their use.
Final supplementary rule numbers 19
and 20 will facilitate enforcement of
these restrictions. Horses, pack animals,
and hikers will be allowed both on and
off designated travel routes on the
remaining 169,000 acres of the
Monument outside of the SRMA.
The April 6, 2023, Notice of Proposed
Supplementary Rule included the name
Anasazi Heritage Center SRMA, which
was changed by RMP Plan Maintenance
to the Visitor Center and Museum
SRMA. The correction has been made in
this final supplementary rule.
IV. Procedural Matters
Executive Order 12866, Regulatory
Planning and Review
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This final 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. This final
supplementary rule will not have an
annual effect of $200 million or more on
the economy. It is not intended to affect
commercial activity, but rather to
impose rules of conduct for public use
on a limited area of public lands. It will
not adversely affect, in a material way,
the economy, productivity, competition,
jobs, environment, public health or
safety, State, local, or Tribal
governments, or communities. This final
supplementary rule will not create a
serious inconsistency or otherwise
interfere with an action taken or
planned by another agency.
The rule will not materially alter the
budgetary effects of entitlements, grants,
user fees, or loan programs or the rights
or obligations of their recipients; nor
will it raise novel legal or policy issues.
It merely strives to protect public safety
and the environment.
to result in small, localized impacts to
the area’s economy. According to
Headwaters Economics, in 2023
recreation and tourism-related
industries accounted for 20 percent of
combined total employment in Dolores
and Montezuma counties, compared
with 16 percent statewide in Colorado.
Furthermore, recreation and tourism
generates tax income through sales and
lodging taxes. However, relative to the
overall economy, the BLM expects
impacts from this final supplementary
rule to affect a small number of
outfitters and have only a minor
socioeconomic impact relative to the
area’s overall economy. This rule merely
establishes rules of conduct for public
use of a limited area of public lands.
Therefore, the BLM has determined that
under the RFA this final supplementary
rule will not have a significant
economic impact on a substantial
number of small entities.
Congressional Review Act
This final supplementary rule does
not constitute a ‘‘major rule’’ as defined
at 5 U.S.C. 804(2). It will not have an
annual effect on the economy of $100
million or more. This final
supplementary rule merely establishes
rules of conduct for public use of a
limited area of public lands.
Regulatory Flexibility Act
Unfunded Mandates Reform Act
This final supplementary rule will not
impose an unfunded mandate on State,
local, or Tribal governments in the
aggregate, or the private sector, of more
than $100 million per year, nor will it
have a significant or unique effect on
small governments. This final
supplementary rule will merely impose
reasonable rules of conduct on public
lands in Colorado to protect natural
resources and public safety. Therefore,
the BLM is not required to prepare a
statement containing the information
required by the Unfunded Mandates
Reform Act, 2 U.S.C. 1531 et seq.
Congress enacted the Regulatory
Flexibility Act (RFA) of 1980, as
amended (5 U.S.C. 601–612), to ensure
that Government regulations do not
unnecessarily or disproportionately
burden small entities. The RFA requires
a regulatory flexibility analysis if a rule
would have a significant economic
impact, either detrimental or beneficial,
on a substantial number of small
entities. Statistics indicate that CANM
helps nearby communities diversify
economically while increasing quality
of life and recreational opportunities
that make communities more attractive
for new residents, businesses, and
investment. Recreation has the potential
Executive Order 12630, Governmental
Actions and Interference With
Constitutionally Protected Property
Rights (Takings)
This final supplementary rule is not a
government action capable of interfering
with constitutionally protected property
rights. This final supplementary rule
does not address property rights in any
form and will not cause the impairment
of constitutionally protected property
rights. Therefore, the BLM has
determined this final supplementary
rule will not cause a ‘‘taking’’ of private
property or require further discussion of
takings implications under this
Executive order.
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Executive Order 13132, Federalism
This final supplementary rule will not
have a substantial direct effect on the
States, on the relationship between the
Federal Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government. This final
supplementary rule will not conflict
with any State law or regulation.
Therefore, in accordance with Executive
Order 13132, the BLM has determined
this final supplementary rule does not
have sufficient federalism implications
to warrant preparation of a federalism
assessment.
Executive Order 12988, Civil Justice
Reform
Under Executive Order 12988, the
BLM has determined this final
supplementary rule will not unduly
burden the judicial system and the
requirements of sections 3(a) and 3(b)(2)
of this order are met.
Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
In accordance with Executive Order
13175, the BLM has determined that the
regulations this final supplementary
rule establishes will have minimal
Tribal implications and no bearing on
trust lands or on lands for which title is
held in fee status by American Indian
Tribes or U.S. Government-owned lands
managed by the Bureau of Indian
Affairs. Since this supplementary rule
does not involve Indian reservation
lands or resources, the BLM has
determined government-to-government
relationships remain unaffected.
Traditional Tribal use in CANM will
continue to be authorized by the CANM
Manager. This final supplementary rule
will merely establish rules of conduct
for public use of a limited area of public
lands.
Paperwork Reduction Act
This final supplementary rule does
not contain information collection
requirements the Office of Management
and Budget must approve under the
Paperwork Reduction Act of 1995, 44
U.S.C. 3501–3521.
National Environmental Policy Act
The BLM published its CANM Draft
RMP/Draft Environmental Impact
Statement (EIS) in October 2007, which
incorporated analysis and input
provided by the public; local, State, and
other Federal agencies and
organizations; Native American Tribes;
cooperating agencies; and BLM staff.
After considering public comments and
additional input, analysis, and review,
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the BLM published its CANM Proposed
RMP/Final EIS in the Federal Register
on July 31, 2009 (74 FR 38218). The
BLM signed the CANM RMP and ROD
in June 2010, after full consideration of
alternatives and analysis of public
input. The CANM RMP seeks to provide
an optimal balance between authorized
resource uses and the protection and
long-term sustainability of sensitive
cultural and natural resource values
within the planning area, consistent
with Proclamation 7317. This final
supplementary rule will facilitate the
implementation and enforcement of the
management decisions approved in the
CANM RMP to protect public health
and safety and public lands within
CANM. This final supplementary rule
will not change the decisions set forth
in the CANM RMP.
On November 18, 2020, the BLM
completed a Determination of NEPA
Adequacy for the proposed CANM
supplementary rule. The BLM
confirmed the NEPA analysis contained
in the Final EIS for the CANM RMP was
sufficient to inform its consideration of
the proposed supplementary rule.
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This final supplementary rule does
not comprise a significant energy action.
This final supplementary rule will not
have an adverse effect on energy supply,
production, or consumption and have
no connection with energy policy.
Information Quality Act
In developing this final
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).
Author
The principal author of this final
supplementary rule is Tyler Fouss, Field
Staff Ranger, Tres Rios Field Office,
Colorado.
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V. Final Supplementary Rule
For the reasons stated in the
preamble, and under the authority for
supplementary rules at 43 U.S.C. 1733,
43 U.S.C. 1740, and 43 CFR 8365.1–6,
the BLM Colorado State Director
establishes the following supplementary
rule for public lands managed by the
BLM in Canyons of the Ancients
National Monument, to read as follows:
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Supplementary Rule for the Canyons of
the Ancients National Monument
(CANM)
Definitions
Archaeological site is a physical
context and location containing material
remains that evince past human activity
and allow for its interpretation. Within
CANM, these material remains may
include, but are not limited to, historic
and prehistoric structures, features, rock
art, shrines, burials, quarries, artifact
concentrations, and occupied rock
alcoves.
Bouldering means any style of rock
climbing undertaken without a rope.
Campfire has the same meaning as it
does at 43 CFR 8360.0–5(b).
Camping means the erecting of a tent
or shelter of natural or synthetic
material, preparing a sleeping bag or
other bedding material for use, parking
of a motor vehicle, motor home or
trailer, or mooring of a vessel, for the
apparent purpose of overnight
occupancy.
Commercial use means use of the
public lands and related waters for
business or financial gain.
Designated travel route means roads,
primitive roads, and trails open to
specified modes of travel and identified
on a map of designated roads, primitive
roads, and trails that is maintained and
available for public inspection at the
BLM. Designated roads, primitive roads,
and trails are open to public use in
accordance with such limits and
restrictions as are, or may be, specified
in the CANM resource management
plan (RMP) or travel management plan
(TMP), or in future decisions
implementing the RMP. This definition
excludes any road or trail with BLMauthorized restrictions that prevent use
of the road or trail. Restrictions may
include signs or physical barriers such
as gates, fences, posts, branches, or
rocks.
Geocaching means an outdoor
recreational activity in which the
participants use a Global Positioning
System receiver or other navigational
techniques to hide and seek containers
called ‘‘geocaches’’ or ‘‘caches.’’
Mechanized vehicle means any device
propelled solely by human power, upon
which a person, or persons, may ride on
land, having any wheels, with the
exception of a wheelchair.
Motorized vehicle means any vehicle
propelled by a motor or engine, capable
of, or designed for, travel on or
immediately over land, water, or other
natural terrain, such as a car, truck, offhighway vehicle, motorcycle, or
snowmobile.
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Public lands has the same meaning as
it does at 43 U.S.C. 1702(e).
Riparian area means an area of
transition between permanently
saturated wetlands and upland areas.
Riparian areas exhibit vegetation or
physical characteristics that reflect the
influence of permanent surface water.
Typical riparian areas include lands
along, adjacent to, or contiguous with
perennially and intermittently flowing
rivers and streams, lands adjacent to
seeps and springs, and/or lands along
the shores of lakes and reservoirs with
stable water levels.
Special Recreation Management Area
(SRMA) means those areas defined as
SRMAs in the CANM RMP and any
amendments or revisions thereto.
Target shooting means discharging a
weapon for recreational purposes when
game animals are not being legally
hunted.
Weapon means any firearm, cross
bow, bow and arrow, paint gun,
fireworks, or explosive device capable
of propelling a projectile either by
means of an explosion, compressed gas,
or by string or spring.
Wilderness Study Area (WSA) means
an area that has been identified as a
Wilderness Study Area in the CANM
RMP.
Prohibited Acts
Unless otherwise authorized, the
following acts are prohibited on all
public lands, roads, trails, and
waterways administered by the BLM
within CANM:
Collection of Resources
1. You must not collect fossils of any
kind, including vertebrate, invertebrate,
plant, or trace fossils, unless authorized
by permit.
2. Unless otherwise permitted under
applicable law, you must not collect or
remove any rock, mineral specimen,
semiprecious gemstone, or petrified
wood.
3. You must not cut or collect live,
dead, or downed wood.
4. You must not harvest more than
22.5 pounds of pinyon pine nuts for
personal use. You must not harvest
pinyon pine nuts for commercial use.
Target Shooting
5. You must not discharge any
weapon within the Monument, except
in accordance with State law when
hunting with a valid Colorado hunting
license.
Geocaching
6. You must not engage in any cachetype activities (including geocaching
and earth caching).
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Climbing and Bouldering
7. You must not participate in
climbing, including rock climbing,
rappelling, or bouldering, outside of
designated climbing areas.
Camping and Campfires
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8. You must not camp in the Pueblo
Sites SRMA (Painted Hand Pueblo,
Lowry Pueblo, and Sand Canyon
Pueblo), in the Sand Canyon-Rock Creek
SRMA, or in the Visitor Center and
Museum SRMA.
9. You must not camp within 300 feet
of a developed recreation site or area.
10. You must not camp within 300
feet of riparian areas, including riparian
areas along perennial or intermittent
streams and near seeps and springs.
11. You must not camp in
archaeological sites, rock shelters, or
alcoves.
12. You must not ignite or maintain
a campfire in the Pueblo Sites SRMA
(Painted Hand Pueblo, Lowry Pueblo,
and Sand Canyon Pueblo), Sand
Canyon-Rock Creek SRMA, or Visitor
Center and Museum SRMA.
13. You must not ignite or maintain
a campfire in archaeological sites, rock
shelters, or alcoves.
14. You must use a fire pan for
campfires or charcoal fires when a metal
fire ring is not provided unless using a
mechanical stove or other appliance
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fueled by gas and equipped with a valve
that allows the operator to control the
flame.
plan. Hiking is allowed both on and off
designated travel routes throughout the
remainder of the Monument.
Travel Management
15. You must not operate or possess
a mechanized vehicle on any route,
trail, or area that is not designated as
open to such use by a BLM sign, map,
or the appropriate travel management
plan, unless you have specific
authorization from the BLM.
16. You must not operate or possess
a motorized or mechanized vehicle in
any WSA.
17. You must not park more than 20
feet from the edge of a designated travel
route or in a manner that causes
resource damage.
18. You must not park in riparian
areas.
19. Within the Sand Canyon-Rock
Creek SRMA, you must not ride or be
in possession of horses or other pack
animals on any route, trail, or area not
designated as open to such use by a
BLM sign, map, or the appropriate travel
management plan. Horses and pack
animals are allowed both on and off
designated travel routes throughout the
remainder of the Monument.
20. Within the Sand Canyon-Rock
Creek SRMA, you must not hike on any
route, trail, or area not designated as
open to such use by a BLM sign, map,
or the appropriate travel management
Exemptions
PO 00000
Frm 00021
Fmt 4700
Sfmt 9990
The following persons are exempt
from this supplementary rule: Federal,
State, or local officers or employees
acting within the scope of their duties;
members of any organized law
enforcement, military, rescue, or firefighting force in performance of an
official duty; and any person whose
activities are authorized in writing by
the Canyons of the Ancients National
Monument Manager.
Enforcement
Any person who violates any part of
this supplementary rule may be tried
before a United States Magistrate and
fined 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 or local law.
(Authority: 43 U.S.C. 1733, 43 U.S.C. 1740;
43 CFR 8365.1–6)
Douglas J. Vilsack,
BLM Colorado State Director.
[FR Doc. 2024–26396 Filed 11–13–24; 8:45 am]
BILLING CODE 4331–16–P
E:\FR\FM\14NOR1.SGM
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Agencies
[Federal Register Volume 89, Number 220 (Thursday, November 14, 2024)]
[Rules and Regulations]
[Pages 89933-89937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26396]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8360
[BLM_CO_FRN_MO4500177561]
Notice of Final Supplementary Rule for Canyons of the Ancients
National Monument in Dolores and Montezuma Counties, CO
AGENCY: Bureau of Land Management, Interior.
ACTION: Final supplementary rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) is finalizing a
supplementary rule to regulate conduct on public lands within Canyons
of the Ancients National Monument (CANM or Monument). This final
supplementary rule will implement planning decisions in the 2010 CANM
Resource Management Plan (RMP). The final supplementary rule will
provide for the protection of persons, property, and public-land
resources administered by the BLM's Tres Rios Field Office and CANM,
located in Dolores and Montezuma Counties, Colorado.
DATES: The final supplementary rule is effective on December 16, 2024.
ADDRESSES: Inquiries may be directed to the BLM CANM at (970) 882-5600
or 27501 Highway 184, Dolores, CO 81323. The final supplementary rule
and accompanying environmental documents are available for inspection
at the BLM CANM. A map of the management area and boundaries can be
obtained by contacting the CANM.
FOR FURTHER INFORMATION CONTACT: Tyler Fouss, Field Staff Ranger,
Bureau of Land Management, Tres Rios Field Office, 29211 Hwy. 184,
Dolores, CO 81323; telephone (970) 882-1131; email: [email protected].
Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States.
SUPPLEMENTARY INFORMATION:
I. Background
II. Discussion of Public Comments
III. Discussion of Final Supplementary Rule
IV. Procedural Matters
V. Final Supplementary Rule
I. Background
The BLM is establishing this supplementary rule under the authority
of 43 CFR 8365.1-6, which authorizes BLM state directors to establish
supplementary rules for the protection of persons, property, and public
lands and resources.
CANM is part of the BLM's National Conservation Lands system and
consists of approximately 174,881 acres of BLM-administered public
lands. The monument is located in Dolores and Montezuma counties in the
Four Corners region of southwestern Colorado. President Clinton
established CANM on June 9, 2000, by Presidential Proclamation Number
7317, pursuant to the Antiquities Act of 1906 (34 Stat. 225, 54 U.S.C.
320301), to preserve the cultural and natural objects of the Monument.
Prior to the issuance of Proclamation 7317, CANM was managed as the
Anasazi Culture Multiple Use Area of Critical Environmental Concern,
established through the 1985 San Juan-San Miguel RMP Record of Decision
(ROD).
The BLM developed the CANM RMP with extensive input from the
public, Tribes, and elected officials through scoping, opportunities
for public comment, and advisory committee meetings.
The BLM signed the CANM RMP and ROD in June 2010, replacing
portions of the San Juan-San Miguel RMP/ROD and incorporating
management direction from the Presidential Proclamation establishing
CANM. The CANM RMP identifies specific management actions that restrict
certain activities and define allowable uses within CANM. This final
supplementary rule will facilitate the implementation and enforcement
of those management actions.
This final supplementary rule implements management decisions in
the CANM RMP related to recreational sporting activities, camping,
travel management, and collecting geological and biological materials.
Within the Sand Canyon-Rock Creek Special Recreation Management Area
(SRMA), activities such as hiking, mountain biking, and horseback
riding and packing will be allowed only on designated travel routes, as
provided in the CANM RMP.
II. Discussion of Public Comments
The BLM published a proposed supplementary rule on April 6, 2023
(88 FR 20449), and received 116 comment submissions during the 60-day
public comment period. Three commenters expressed support for the
supplementary rule.
One comment submitted by 112 individuals through a form email
expressed opposition to the proposed rule prohibiting camping within
300 feet of riparian areas and indicated that the BLM should instead
implement a 100-foot buffer between campsites and riparian areas. The
300-foot restriction is set forth in the RMP and cannot be changed
without a plan amendment. The prohibition on camping within 300 feet of
springs, seeps, or streams affects approximately 2,785 acres (roughly
1.6 percent of the monument) within CANM. Most of the acreage is not
conducive to camping and has few established campsites. The areas most
impacted are in lower Yellowjacket Creek and McElmo Creek, where some
roads are close to streams. The definition of riparian area has been
refined to match the definition in the RMP, and the final rule has been
updated to clarify areas where the rule applies. The definition in the
proposed rule was too broad and did not properly identify the area
where the rule will apply.
A second comment in the form email expressed the view that the BLM
should create additional routes and remove wilderness study areas
(WSAs). Designating new routes is beyond the scope of this
supplementary rulemaking process, which is focused solely on
implementing existing decisions that the BLM has already analyzed in
accordance with the National Environmental Policy Act (NEPA).
Designated routes identified in the CANM transportation management plan
(TMP) are intended to avoid sensitive cultural resources and other
resource concerns. Removal of WSAs identified under section 603 of the
Federal Land Policy and Management Act (FLPMA) would require Congress
to release them from WSA status.
One individual commented that the NEPA process was flawed and the
RMP was deficient in providing a range of alternatives. The commenter
outlined several recommendations for producing alternatives. The
commenter also expressed the view that WSAs should be removed and that
camping restrictions, geocaching, and gathering of pine nuts should be
analyzed. This supplementary rule is not a planning document but
implements decisions already analyzed through the CANM RMP planning
process. Compliance with NEPA is documented in Section IV. Procedural
Matters, later in this preamble. The restriction on camping,
geocaching, and pine nut collecting is
[[Page 89934]]
set forth in the RMP and cannot be changed without a plan amendment.
Removal of WSAs identified under section 603 of FLPMA would require
Congress to release them from WSA status.
In response to public comments, the BLM revised the definition for
``riparian area'' and clarified where the riparian area rule applies in
the final rule. The remainder of the proposed supplementary rules have
been incorporated into this final rule.
III. Discussion of Final Supplementary Rule
The purpose of the final supplementary rule is to protect public
health and safety and prevent damage to natural and cultural resources,
as well as other resources, objects, and values identified in the CANM
Proclamation and the CANM RMP. Certain activities, by their very
nature, have the potential to adversely impact the objects the Monument
was established to protect. The CANM RMP contains management actions
directing how the BLM manages those activities, consistent with the
Proclamation. Many uses are permissible so long as the objects of the
Monument are protected. Additionally, the average user is unlikely to
notice changes resulting from the establishment of this supplementary
rule implementing the CANM RMP.
The President established CANM to protect objects of historic and
scientific interest, including archaeological and geological resources,
raptors and other bird species, and reptiles. CANM contains the highest
known density of archaeological sites in the United States, with an
average of one site eligible for listing on the National Register of
Historic Places every 6 acres, or an estimated 30,000 sites on this
landscape. The BLM is responsible for protecting the objects for which
the Monument was designated and for avoiding or minimizing impacts to
them.
The reasoning for each provision is discussed below:
Final supplementary rule numbers 1 through 4 address collecting
resources on CANM. The Monument proclamation prohibits appropriating,
injuring, destroying, or removing Monument features and withdraws the
lands and interests in lands within the Monument from entry, location,
and disposition under the public land laws; location, entry, and patent
under the mining laws; and from disposition under all laws relating to
mineral leasing, except for certain oil and gas development activities.
The CANM RMP more specifically prohibits the recreational collection of
paleontological or geological resources, the scientific collection of
paleontological or geological resources without a permit, and the
cutting or gathering of firewood. The CANM RMP restricts pinyon pine
nut harvesting to 22.5 pounds for personal or traditional use and
prohibits commercial harvesting.
Final supplementary rule number 5 addresses recreational target
shooting within CANM. The RMP prohibits recreational shooting within
CANM due to the potential for damage to archaeological sites,
particularly rock art. In the past, shooters have used native
vegetation, as well as skeet litter and discarded appliances, for
target practice. This final supplementary rule will prohibit
recreational shooting. Because the Proclamation does not enlarge or
diminish the State's jurisdiction over wildlife management, hunting
with a valid Colorado hunting license is allowed within the Monument,
to the extent permissible under State law.
Final supplementary rule number 6 addresses geocaching within CANM.
The CANM RMP prohibits geocaching due to the potential for irrevocable
harm to the Monument's archaeological objects. A common problem is
geocachers using the Monument's archaeological sites to conceal items,
or caches, as part of a quasi-treasure hunt. Geocachers often
camouflage their caches by moving rocks or organic material from their
original site, which can damage the site's archaeological values. The
large number of potential cache sites within the Monument makes this a
serious concern.
Final supplementary rule number 7 addresses rock climbing within
CANM. The rule prohibits rock climbing, rappelling, and bouldering
within the Monument except for areas designated as open to climbing
within the Mockingbird Mesa Recreation Area Management Zone. Climbing
and bouldering have the potential to adversely affect archaeological
sites and nesting raptors in certain locations. Climbing to cliff
dwellings on unstable slopes can be dangerous and undermine
archaeological features. Scrambling up cliffs also can be a safety
issue due to unstable geological formations. Natural oils from hands,
climbing chalk, and permanent fixed hardware on climbing routes can
cause irreversible impacts to archaeological sites. Furthermore,
climbing activities are likely to disturb or displace raptor
populations, especially nesting pairs, that reside in the Monument in
high densities. Currently, one area within the Mockingbird Mesa
Recreation Area Management Zone is designated as open to climbing. The
BLM may, consistent with the CANM RMP, consider establishing additional
climbing areas within this zone in the future.
Final supplementary rule numbers 8 through 14 address camping and
campfires within CANM to provide a more enjoyable experience for
visitors and to limit impacts from higher visitation in specific
management zones and developed recreation sites.
The CANM RMP prohibits camping in or near sensitive resources and
areas that experience the highest visitor use in the Monument. This
prohibition is necessary to minimize impacts camping could cause to
those resources, including the potential for the illegal collecting or
moving of artifacts, the compromising of scientific research, and the
contamination of the archaeological record.
Final supplementary rule number 10 requires campsites to be located
at least 300 feet away from riparian areas and the Monument's limited
water sources to reduce stress on the wildlife that rely on them.
Final supplementary rule numbers 12 and 13 prohibit campfires in
and near sensitive resources and the Monument's high visitor use areas.
In areas where campfires are allowed, final supplementary rule
number 14 requires that fires be built only in firepans, or, if
available, BLM-provided fire rings.
Final supplementary rule numbers 15 through 20 address travel
management and access within CANM, consistent with the CANM RMP and
TMP. Access restrictions and trail designations in the Monument help
preserve key scenic, cultural, and wildlife habitat resources that
attract visitors to these public lands and minimize conflicts among the
different types of users. Final supplementary rule number 15 restricts
mechanized travel to designated travel routes.
BLM policy directs WSAs be managed to prevent the impairment of
wilderness characteristics, and the CANM RMP and TMP designates no
routes for motorized or mechanized travel in WSAs.
Final supplementary rule number 16 prohibits motorized or
mechanized vehicles in WSAs.
Final supplementary rule numbers 17 and 18 prohibit parking in
riparian areas, more than 20 feet from the edge of a designated travel
route, or in a manner that would damage Monument resources.
To protect cultural resources in the Sand Canyon-Rock Creek SRMA,
which is the most highly visited recreation area in the Monument, the
CANM RMP
[[Page 89935]]
restricts hiking and horseback riding or packing to designated travel
routes approved for their use.
Final supplementary rule numbers 19 and 20 will facilitate
enforcement of these restrictions. Horses, pack animals, and hikers
will be allowed both on and off designated travel routes on the
remaining 169,000 acres of the Monument outside of the SRMA.
The April 6, 2023, Notice of Proposed Supplementary Rule included
the name Anasazi Heritage Center SRMA, which was changed by RMP Plan
Maintenance to the Visitor Center and Museum SRMA. The correction has
been made in this final supplementary rule.
IV. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
This final 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.
This final supplementary rule will not have an annual effect of $200
million or more on the economy. It is not intended to affect commercial
activity, but rather to impose rules of conduct for public use on a
limited area of public lands. It will not adversely affect, in a
material way, the economy, productivity, competition, jobs,
environment, public health or safety, State, local, or Tribal
governments, or communities. This final supplementary rule will not
create a serious inconsistency or otherwise interfere with an action
taken or planned by another agency.
The rule will not materially alter the budgetary effects of
entitlements, grants, user fees, or loan programs or the rights or
obligations of their recipients; nor will it raise novel legal or
policy issues. It merely strives to protect public safety and the
environment.
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act (RFA) of 1980, as
amended (5 U.S.C. 601-612), to ensure that Government regulations do
not unnecessarily or disproportionately burden small entities. The RFA
requires a regulatory flexibility analysis if a rule would have a
significant economic impact, either detrimental or beneficial, on a
substantial number of small entities. Statistics indicate that CANM
helps nearby communities diversify economically while increasing
quality of life and recreational opportunities that make communities
more attractive for new residents, businesses, and investment.
Recreation has the potential to result in small, localized impacts to
the area's economy. According to Headwaters Economics, in 2023
recreation and tourism-related industries accounted for 20 percent of
combined total employment in Dolores and Montezuma counties, compared
with 16 percent statewide in Colorado. Furthermore, recreation and
tourism generates tax income through sales and lodging taxes. However,
relative to the overall economy, the BLM expects impacts from this
final supplementary rule to affect a small number of outfitters and
have only a minor socioeconomic impact relative to the area's overall
economy. This rule merely establishes rules of conduct for public use
of a limited area of public lands. Therefore, the BLM has determined
that under the RFA this final supplementary rule will not have a
significant economic impact on a substantial number of small entities.
Congressional Review Act
This final supplementary rule does not constitute a ``major rule''
as defined at 5 U.S.C. 804(2). It will not have an annual effect on the
economy of $100 million or more. This final supplementary rule merely
establishes rules of conduct for public use of a limited area of public
lands.
Unfunded Mandates Reform Act
This final supplementary rule will not impose an unfunded mandate
on State, local, or Tribal governments in the aggregate, or the private
sector, of more than $100 million per year, nor will it have a
significant or unique effect on small governments. This final
supplementary rule will merely impose reasonable rules of conduct on
public lands in Colorado to protect natural resources and public
safety. Therefore, the BLM is not required to prepare a statement
containing the information required by the Unfunded Mandates Reform
Act, 2 U.S.C. 1531 et seq.
Executive Order 12630, Governmental Actions and Interference With
Constitutionally Protected Property Rights (Takings)
This final supplementary rule is not a government action capable of
interfering with constitutionally protected property rights. This final
supplementary rule does not address property rights in any form and
will not cause the impairment of constitutionally protected property
rights. Therefore, the BLM has determined this final supplementary rule
will not cause a ``taking'' of private property or require further
discussion of takings implications under this Executive order.
Executive Order 13132, Federalism
This final supplementary rule will not have a substantial direct
effect on the States, on the relationship between the Federal
Government and the States, or on the distribution of power and
responsibilities among the various levels of government. This final
supplementary rule will not conflict with any State law or regulation.
Therefore, in accordance with Executive Order 13132, the BLM has
determined this final supplementary rule does not have sufficient
federalism implications to warrant preparation of a federalism
assessment.
Executive Order 12988, Civil Justice Reform
Under Executive Order 12988, the BLM has determined this final
supplementary rule will not unduly burden the judicial system and the
requirements of sections 3(a) and 3(b)(2) of this order are met.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, the BLM has determined
that the regulations this final supplementary rule establishes will
have minimal Tribal implications and no bearing on trust lands or on
lands for which title is held in fee status by American Indian Tribes
or U.S. Government-owned lands managed by the Bureau of Indian Affairs.
Since this supplementary rule does not involve Indian reservation lands
or resources, the BLM has determined government-to-government
relationships remain unaffected. Traditional Tribal use in CANM will
continue to be authorized by the CANM Manager. This final supplementary
rule will merely establish rules of conduct for public use of a limited
area of public lands.
Paperwork Reduction Act
This final supplementary rule does not contain information
collection requirements the Office of Management and Budget must
approve under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3521.
National Environmental Policy Act
The BLM published its CANM Draft RMP/Draft Environmental Impact
Statement (EIS) in October 2007, which incorporated analysis and input
provided by the public; local, State, and other Federal agencies and
organizations; Native American Tribes; cooperating agencies; and BLM
staff. After considering public comments and additional input,
analysis, and review,
[[Page 89936]]
the BLM published its CANM Proposed RMP/Final EIS in the Federal
Register on July 31, 2009 (74 FR 38218). The BLM signed the CANM RMP
and ROD in June 2010, after full consideration of alternatives and
analysis of public input. The CANM RMP seeks to provide an optimal
balance between authorized resource uses and the protection and long-
term sustainability of sensitive cultural and natural resource values
within the planning area, consistent with Proclamation 7317. This final
supplementary rule will facilitate the implementation and enforcement
of the management decisions approved in the CANM RMP to protect public
health and safety and public lands within CANM. This final
supplementary rule will not change the decisions set forth in the CANM
RMP.
On November 18, 2020, the BLM completed a Determination of NEPA
Adequacy for the proposed CANM supplementary rule. The BLM confirmed
the NEPA analysis contained in the Final EIS for the CANM RMP was
sufficient to inform its consideration of the proposed supplementary
rule.
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This final supplementary rule does not comprise a significant
energy action. This final supplementary rule will not have an adverse
effect on energy supply, production, or consumption and have no
connection with energy policy.
Information Quality Act
In developing this final 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).
Author
The principal author of this final supplementary rule is Tyler
Fouss, Field Staff Ranger, Tres Rios Field Office, Colorado.
V. Final Supplementary Rule
For the reasons stated in the preamble, and under the authority for
supplementary rules at 43 U.S.C. 1733, 43 U.S.C. 1740, and 43 CFR
8365.1-6, the BLM Colorado State Director establishes the following
supplementary rule for public lands managed by the BLM in Canyons of
the Ancients National Monument, to read as follows:
Supplementary Rule for the Canyons of the Ancients National Monument
(CANM)
Definitions
Archaeological site is a physical context and location containing
material remains that evince past human activity and allow for its
interpretation. Within CANM, these material remains may include, but
are not limited to, historic and prehistoric structures, features, rock
art, shrines, burials, quarries, artifact concentrations, and occupied
rock alcoves.
Bouldering means any style of rock climbing undertaken without a
rope.
Campfire has the same meaning as it does at 43 CFR 8360.0-5(b).
Camping means the erecting of a tent or shelter of natural or
synthetic material, preparing a sleeping bag or other bedding material
for use, parking of a motor vehicle, motor home or trailer, or mooring
of a vessel, for the apparent purpose of overnight occupancy.
Commercial use means use of the public lands and related waters for
business or financial gain.
Designated travel route means roads, primitive roads, and trails
open to specified modes of travel and identified on a map of designated
roads, primitive roads, and trails that is maintained and available for
public inspection at the BLM. Designated roads, primitive roads, and
trails are open to public use in accordance with such limits and
restrictions as are, or may be, specified in the CANM resource
management plan (RMP) or travel management plan (TMP), or in future
decisions implementing the RMP. This definition excludes any road or
trail with BLM-authorized restrictions that prevent use of the road or
trail. Restrictions may include signs or physical barriers such as
gates, fences, posts, branches, or rocks.
Geocaching means an outdoor recreational activity in which the
participants use a Global Positioning System receiver or other
navigational techniques to hide and seek containers called
``geocaches'' or ``caches.''
Mechanized vehicle means any device propelled solely by human
power, upon which a person, or persons, may ride on land, having any
wheels, with the exception of a wheelchair.
Motorized vehicle means any vehicle propelled by a motor or engine,
capable of, or designed for, travel on or immediately over land, water,
or other natural terrain, such as a car, truck, off-highway vehicle,
motorcycle, or snowmobile.
Public lands has the same meaning as it does at 43 U.S.C. 1702(e).
Riparian area means an area of transition between permanently
saturated wetlands and upland areas. Riparian areas exhibit vegetation
or physical characteristics that reflect the influence of permanent
surface water. Typical riparian areas include lands along, adjacent to,
or contiguous with perennially and intermittently flowing rivers and
streams, lands adjacent to seeps and springs, and/or lands along the
shores of lakes and reservoirs with stable water levels.
Special Recreation Management Area (SRMA) means those areas defined
as SRMAs in the CANM RMP and any amendments or revisions thereto.
Target shooting means discharging a weapon for recreational
purposes when game animals are not being legally hunted.
Weapon means any firearm, cross bow, bow and arrow, paint gun,
fireworks, or explosive device capable of propelling a projectile
either by means of an explosion, compressed gas, or by string or
spring.
Wilderness Study Area (WSA) means an area that has been identified
as a Wilderness Study Area in the CANM RMP.
Prohibited Acts
Unless otherwise authorized, the following acts are prohibited on
all public lands, roads, trails, and waterways administered by the BLM
within CANM:
Collection of Resources
1. You must not collect fossils of any kind, including vertebrate,
invertebrate, plant, or trace fossils, unless authorized by permit.
2. Unless otherwise permitted under applicable law, you must not
collect or remove any rock, mineral specimen, semiprecious gemstone, or
petrified wood.
3. You must not cut or collect live, dead, or downed wood.
4. You must not harvest more than 22.5 pounds of pinyon pine nuts
for personal use. You must not harvest pinyon pine nuts for commercial
use.
Target Shooting
5. You must not discharge any weapon within the Monument, except in
accordance with State law when hunting with a valid Colorado hunting
license.
Geocaching
6. You must not engage in any cache-type activities (including
geocaching and earth caching).
[[Page 89937]]
Climbing and Bouldering
7. You must not participate in climbing, including rock climbing,
rappelling, or bouldering, outside of designated climbing areas.
Camping and Campfires
8. You must not camp in the Pueblo Sites SRMA (Painted Hand Pueblo,
Lowry Pueblo, and Sand Canyon Pueblo), in the Sand Canyon-Rock Creek
SRMA, or in the Visitor Center and Museum SRMA.
9. You must not camp within 300 feet of a developed recreation site
or area.
10. You must not camp within 300 feet of riparian areas, including
riparian areas along perennial or intermittent streams and near seeps
and springs.
11. You must not camp in archaeological sites, rock shelters, or
alcoves.
12. You must not ignite or maintain a campfire in the Pueblo Sites
SRMA (Painted Hand Pueblo, Lowry Pueblo, and Sand Canyon Pueblo), Sand
Canyon-Rock Creek SRMA, or Visitor Center and Museum SRMA.
13. You must not ignite or maintain a campfire in archaeological
sites, rock shelters, or alcoves.
14. You must use a fire pan for campfires or charcoal fires when a
metal fire ring is not provided unless using a mechanical stove or
other appliance fueled by gas and equipped with a valve that allows the
operator to control the flame.
Travel Management
15. You must not operate or possess a mechanized vehicle on any
route, trail, or area that is not designated as open to such use by a
BLM sign, map, or the appropriate travel management plan, unless you
have specific authorization from the BLM.
16. You must not operate or possess a motorized or mechanized
vehicle in any WSA.
17. You must not park more than 20 feet from the edge of a
designated travel route or in a manner that causes resource damage.
18. You must not park in riparian areas.
19. Within the Sand Canyon-Rock Creek SRMA, you must not ride or be
in possession of horses or other pack animals on any route, trail, or
area not designated as open to such use by a BLM sign, map, or the
appropriate travel management plan. Horses and pack animals are allowed
both on and off designated travel routes throughout the remainder of
the Monument.
20. Within the Sand Canyon-Rock Creek SRMA, you must not hike on
any route, trail, or area not designated as open to such use by a BLM
sign, map, or the appropriate travel management plan. Hiking is allowed
both on and off designated travel routes throughout the remainder of
the Monument.
Exemptions
The following persons are exempt from this supplementary rule:
Federal, State, or local officers or employees acting within the scope
of their duties; members of any organized law enforcement, military,
rescue, or fire-fighting force in performance of an official duty; and
any person whose activities are authorized in writing by the Canyons of
the Ancients National Monument Manager.
Enforcement
Any person who violates any part of this supplementary rule may be
tried before a United States Magistrate and fined 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
or local law.
(Authority: 43 U.S.C. 1733, 43 U.S.C. 1740; 43 CFR 8365.1-6)
Douglas J. Vilsack,
BLM Colorado State Director.
[FR Doc. 2024-26396 Filed 11-13-24; 8:45 am]
BILLING CODE 4331-16-P