[Federal Register: July 28, 2005 (Volume 70, Number 144)]
[Notices]
[Page 43709-43712]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jy05-46]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[CO-130-05-1220-AL]
Notice of Proposed Supplementary Rules; Recreation Area
Conditions of Use; North Fruita Desert; Mesa County, CO
AGENCY: Bureau of Land Management, Interior.
ACTION: Proposed supplementary rules for conditions of use on public
land within the North Fruita Desert.
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SUMMARY: The Bureau of Land Management (BLM), Grand Junction Field
Office, is publishing proposed supplementary rules regulating the
conduct of certain activities on all public lands within the North
Fruita Desert Special Recreation Management Area (SRMA). These proposed
supplementary rules notify the public that certain activities are no
longer allowed in the North Fruita Desert, and include, but are not
limited to the following: Prohibition of fires outside of designated
fire rings within the designated campground in the bicycle emphasis
area, required use of fire pans outside of the mountain bike emphasis
area, prohibition of discharge of dangerous weapons within the mountain
bike emphasis area, prohibition of camping outside of designated
camping sites within the mountain bike emphasis area, limiting all
motorized and mechanized vehicle travel within the area to designated
routes, the seasonal closure of certain routes, prohibition of
possession or use of firewood containing nails or other metal hardware,
and the prohibition on shooting any glass objects.
DATES: Comments on the proposed supplementary rules must be received or
postmarked by August 29, 2005, to be assured consideration. In
developing final supplementary rules, BLM may not consider comments
postmarked or received in person or by electronic mail after this date.
ADDRESSES: Mail, personal or messenger delivery: Bureau of Land
Management, Grand Junction Field Office, 2815 H Road, Grand Junction,
CO 81506. Internet e-mail: Attn: Britta_Laub@co.blm.gov.
FOR FURTHER INFORMATION CONTACT: Britta Laub, Supervisory Outdoor
Recreation Planner, at (970) 244-3000.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background
III. Procedural Matters
IV. Discussion of the Proposed Supplementary Rules
I. Public Comment Procedures
Public comment on the North Fruita Desert Plan amendment and
recreation activity plan ended on September 3, 2004. This notice is
intended to ensure decisions made in the amendment and plan are
enforceable.
Written comments on the proposed supplementary rules should be
specific, confined to issues pertinent to the proposed supplementary
rules, and should explain the reason for any recommended change. Where
possible, comments should reference the specific section or paragraph
of the proposal which the comment is addressing. BLM may not
necessarily consider or include in the Administrative Record for the
final rule comments that BLM receives after the close of the comment
period (see DATES), unless they are postmarked or electronically dated
before the deadline, or comments delivered to an address other than
those listed above (see ADDRESSES).
Comments, including names, street addresses, and other contact
information of respondents, will be available for public review at
Bureau of Land Management, Grand Junction Field Office, 2815 H Road,
Grand Junction, CO 81506, during regular business hours (7:30 a.m. to
4:30 p.m., Monday through Friday, except Federal holidays). Individual
respondents may request confidentiality. If you wish to request that
BLM consider withholding your name, street address, and other contact
information (such as: Internet address, FAX, or phone number) from
public review or from disclosure under the Freedom of Information Act,
you must state this prominently at the beginning of your comment. BLM
will honor requests for confidentiality on a case-by-case basis to the
extent allowed by law. BLM will make available for
[[Page 43710]]
public inspection in their entirety all submissions from organizations
or businesses, and from individuals identifying themselves as
representatives or officials of organizations or businesses.
II. Background
The North Fruita Desert Management Plan was approved on November 8,
2004. The North Fruita area has become increasing popular for its
mountain biking, dispersed camping, and motorized recreational
opportunities. In 2003, use numbered about 50,000 visits. Increased use
and marketing of the area have resulted in impacts to resources
(illegal trail construction and proliferation of social trails,
vegetation tramping, weed invasion, sterilization of soil through
multiple ground fires), have raised public health and safety issues
(human and dog waste, glass and metal debris), and social conflicts
(between motorized and mechanized users, competition for camping space,
local vs. recreation destination visitors, and shooting over trails).
The plan addresses these issues and these proposed supplementary rules
enact the prescriptions outlined in the plan.
III. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
These proposed supplementary rules are not a significant regulatory
action and are not subject to review by Office of Management and Budget
under Executive Order 12866. These proposed supplementary rules will
not have an effect of $100 million or more on the economy. They will
not adversely affect in a material way the economy, productivity,
competition, jobs, the environment, public health or safety, or state,
local, or tribal governments or communities. These proposed
supplementary rules will not create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency.
These proposed supplementary rules do not alter the budgetary effects
of entitlements, grants, user fees, or loan programs or the rights or
obligations of their recipients; nor do they raise novel legal or
policy issues. They merely impose rules of conduct and impose other
limitations on certain recreational activities on certain public lands
to protect natural resources and human health and safety.
Clarity of the Supplementary Rules
Executive Order 12866 requires each agency to write regulations
that are simple and easy to understand. We invite your comments on how
to make these proposed supplementary rules easier to understand,
including answers to questions such as the following: (1) Are the
requirements in the proposed supplementary rules clearly stated? (2) Do
the proposed supplementary rules contain technical language or jargon
that interferes with their clarity? (3) Does the format of the proposed
supplementary rules (grouping and order of sections, use of headings,
paragraphing, etc.) aid or reduce their clarity? (4) Would the
supplementary rules be easier to understand if they were divided into
more (but shorter) sections? (5) Is the description of the proposed
supplementary rules in the SUPPLEMENTARY INFORMATION section of this
preamble helpful to your understanding of the proposed supplementary
rules? How could this description be more helpful in making the
proposed supplementary rules easier to understand?
Please send any comments you have on the clarity of the
supplementary rules to the address specified in the ADDRESSES section.
National Environmental Policy Act
BLM has prepared an environmental assessment (EA) and has found
that the proposed supplementary rules would not constitute a major
Federal action significantly affecting the quality of the human
environment under section 102(2)(C) of the Environmental Protection Act
of 1969 (NEPA), 42 U.S.C. 4332(2)(C). A detailed statement under NEPA
is not required. BLM has placed the EA and the Finding of No
Significant Impact (FONSI) on file in the BLM Administrative Record at
the address specified in the ADDRESSES section. BLM invites the public
to review these documents and suggests that anyone wishing to submit
comments in response to the EA and FONSI do so in accordance with the
Written Comments section above.
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. These proposed supplementary
rules should have no effect on business entities of whatever size. They
merely would impose reasonable restrictions on certain recreational
activities on certain public lands to protect natural resources and the
environment, and human health and safety. Therefore, BLM has determined
under the RFA that these proposed supplementary rules would not have a
significant economic impact on a substantial number of small entities.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
These proposed supplementary rules are not a ``major rule'' as
defined at 5 U.S.C. 804(2). They would not result in an effect on the
economy of $100 million or more, in an increase in costs or prices, or
in 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. They would merely impose reasonable restrictions on
certain recreational activities on certain public lands to protect
natural resources and the environment, and human health and safety.
Unfunded Mandates Reform Act
These proposed supplementary rules do not impose an unfunded
mandate on state, local, or tribal governments or the private sector of
more than $100 million per year; nor do these proposed supplementary
rules have a significant or unique effect on State, local, or tribal
governments or the private sector. They would merely impose reasonable
restrictions on certain recreational activities on certain public lands
to protect natural resources and the environment, and human health and
safety. Therefore, BLM is not required to prepare a statement
containing the information required by the Unfunded Mandates Reform Act
(2 U.S.C. 1531 et seq.)
Executive Order 12630, Governmental Actions and Interference With
Constitutionally Protected Property Rights (Takings)
The rule does not represent a government action capable of
interfering with Constitutionally protected property rights. The plan
addresses the management of public lands within the North Fruita Desert
and in no way addresses the management of private lands. Therefore, the
Department of the Interior has determined that the rule would not cause
a taking of private property or require further discussion of takings
implications under this Executive Order.
Executive Order 13132, Federalism
The rule will not have a substantial direct effect on the States,
on the
[[Page 43711]]
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. The state of Colorado was involved in the development of
the plan, the plan underwent the required 60 day Governors Consistency
review, and the rule addresses the federal enforceability of conditions
of use as described in the plan and does not impact State power or
responsibilities. Therefore, in accordance with Executive Order 13132,
BLM has determined that this proposed 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 Office of the Solicitor has
determined that this rule would not unduly burden the judicial system
and that it meets the requirements of sections 3(a) and 3(b)(2) of the
Order.
Executive Order 13175, Consultation and Coordination With Indian Tribal
In accordance with Executive Order 13175, we have found that this
rule does not include policies that have tribal implications. The
conditions of use as described in this notice are intended to protect
resources, public health and safety, and mitigate user conflict. No
tribal lands are located within or near the North Fruita Desert. The
rule does not apply to Indian lands.
Paperwork Reduction Act
These proposed supplementary rules do not contain information
collection requirements that the Office of Management and Budget must
approve under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et
seq.
Author
The principal authors of these proposed supplementary rules are:
Perry McCoy, James Cooper, and Britta Laub, Grand Junction Field
Office.
IV. Discussion of the Proposed Supplementary Rules
These proposed supplementary rules will apply to the public lands
under the administration of the Bureau of Land Management located
within the North Fruita Desert. The BLM has determined that these rules
are necessary to protect the area's natural resources, to provide for
safe public recreation, public health, reduce potential for user
conflict, and reduce the potential for damage to the environment and to
enhance the experience of the visitor.
Under the authority found in 43 U.S.C. 1733(a), pursuant to 43 CFR
8364.1, 43 CFR 8365.1-6, 43 CFR 9212.2, 43 CFR 9268.3 the Bureau of
Land Management proposes to enforce the following rules on all public
lands administered by the Bureau of Land Management within the North
Fruita Desert. You must follow these rules:
Sec. 1: Prohibited Acts/Rules
While on public lands in the North Fruita Desert,
a. No discharge of dangerous weapons will be allowed in the bicycle
emphasis area, except for the lawful taking of game during bonafide
hunting seasons.
b. In North Fruita Desert SRMA, all fires must be contained in a
fire pan and all ash and burned material removed and disposed of off of
public lands.
c. In the North Fruita Desert SRMA, provided and/or portable
toilets must be used and contents disposed of according to Mesa County
requirements.
d. In the North Fruita Desert SRMA, it is prohibited to collect
downed wood for campfires or other purposes.
e. In the mechanized (bicycle) emphasis area, visitors must camp in
designated campsites. Dispersed camping will continue to be allowed in
the remaining portions of the North Fruita Desert SRMA.
f. All motorized and mechanized travel is limited to designated
roads and trails.
g. No motorized travel is permitted, except on the graveled access
road, V.7 Road, and campground spur pull-offs in the mechanized
(bicycle) emphasis area. The mechanized (bicycle) emphasis area is
defined as portions of T8S R102W sec. 24, 25, and 36, T9S R102W sec.1,
T8S R101W sec. 28, 29, 30, 31, 32, 33, 34, and 35, T9S R101W sec. 3, 4,
5, and 6.
h. No motorized or mechanized vehicle travel is permitted, except
on Q.5 Road, within the non-motorized/non-mechanized emphasis area. The
non-motorized/non-mechanized emphasis area is defined as portions of
T8S R101W sec. 35 and 36, T9S R101W sec. 1, 2, 3, 9, 10, 11, 12, and
14, T9S R100W sec. 5, 6, 7, and 8.
i. The Lippan Wash Trail and Coal Gulch Trail will be seasonally
closed to mechanized and motorized travel from December 1 until April 1
of each year. The opening date may be moved to an earlier or later date
if conditions warrant.
j. No person shall use or possess firewood containing nails,
screws, or other metal hardware to include, but not limited to, wood
pallets and construction debris.
k. Administrative use is limited to designated routes. Exemptions
to travel restrictions are listed under ``ORV'', exclusions, below.
Sec. 2: Definitions
``Dangerous weapons'' include, but are not limited to: Rifles,
pistols, air guns, paint ball guns, bows and arrows, slingshots, or any
mechanical devices that propel a projectile.
``Designated fire ring'' means specific areas designed and
delineated for use and containment of camping and/or cooking fires.
Fire rings are typically constructed of metal sheeting 2\1/2\ to 3 feet
in diameter and no less than 1 foot deep.
``Fire pan'' means a metal container elevated off the ground that
serves as a barrier between the ground and the fire, to contain the
fire and facilitate the removal of ashes.
``Mechanized vehicle'' means a mechanical vehicle propelled by
human power without use of a motor (e.g.: mountain bike).
``Motorized vehicle'' is used synonymously with ORV and OHV, and
may include motorcycles, ATVs, or full sized vehicles.
``Non-motorized, non-mechanized'' means powered by human power
alone without use of mechanized or motorized assistance. Equestrian use
falls under this definition.
``OHV'' means Off Highway Vehicle and is used synonymously with
ORV.
``ORV'' means Off Road Vehicle as defined in 43 CFR 8340.0-5 (a) as
any motorized vehicle capable of, or designed for, travel onto or
immediately over land, water, or other natural terrain, excluding:
1. Any non-amphibious registered motorboat;
2. Any military, fire, emergency, or law enforcement vehicle while
being used for emergency purposes;
3. Any vehicle whose use is expressly authorized by the authorized
officer, or otherwise officially approved;
4. Vehicles in official use:
5. Any combat or support vehicle when used in times of national
defense emergencies.
``Public lands'' means any land in the North Fruita Desert, the
surface of which is administered by the Bureau of Land Management. The
North Fruita Desert is bounded by East Salt Creek on the West, Coal
Gulch on the North, 21 Road on the east, and the BLM/private land
boundary on the south, Mesa County Colorado, T.2 N.R., R3W., T.2N.
R.2W. Ute Principle Meridian, T.9S. R.103W., T.8S. R.103W., T.9S.
R.102W., T.8S. R.102W., T.9S. R.101W., T.8S.
[[Page 43712]]
R.101W., T.9S. R.100W., T.8S. R.100W. 6th Principle Meridian.
Sec. 3: Penalties
Under section 303(a) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1733(a)), 43 CFR 8360.0-7, 43 CFR 9268.3(d)(1)(2),
and 18 U.S.C. 3571 if you violate any of these proposed supplementary
rules on public lands within the boundaries established in the rules,
you shall be tried before a United States Magistrate and fined no more
than $1,000 or imprisoned for no more than 12 months, or both. Such
violations shall also be subject to the enhanced fines provided for by
18 U.S.C. 3571.
Douglas M. Koza,
Acting State Director.
[FR Doc. 05-14946 Filed 7-27-05; 8:45 am]
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