[Federal Register Volume 75, Number 127 (Friday, July 2, 2010)]
[Notices]
[Pages 38540-38543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16148]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCON04000-L12200000-PA0000]
Notice of Final Supplementary Rules for Public Lands in Colorado:
McInnis Canyons National Conservation Area
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of Final Supplementary Rules.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) Grand Junction Field
Office (GJFO) is implementing supplementary rules to regulate conduct
on public lands within the McInnis Canyons National Conservation Area
(MCNCA). These supplementary rules are needed to implement decisions
found in the McInnis Canyons National Conservation Area Resource
Management Plan (RMP) to provide for the protection of persons,
property, and public lands and resources.
DATES: These rules are effective August 2, 2010.
ADDRESSES: You may send inquiries to the Bureau of Land Management,
2815 H Road, Grand Junction, Colorado 81506; or e-mail comments to
[email protected], Attn: ``McInnis Canyons.''
FOR FURTHER INFORMATION CONTACT: Katie Stevens, McInnis Canyons
National Conservation Area, (970) 244-3049, e-mail: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
These final supplementary rules apply to the MCNCA, approximately
122,300 acres of public lands which include the 75,550-acre Black Ridge
Canyons Wilderness. The MCNCA, originally known as the Colorado Canyons
National Conservation Area, was established by Public Law 106-353 on
October 24, 2000, and was renamed
[[Page 38541]]
in honor of Representative Scott McInnis by Public Law 108-400 on
January 1, 2005.
The MCNCA is located 10 miles west of Grand Junction, Colorado,
bordered by the Colorado National Monument to the east and the
Colorado/Utah State line to the west. A small portion of the Black
Ridge Canyons Wilderness (5,200 acres) extends into Grand County, Utah.
The final supplementary rules will help the BLM achieve management
objectives and implement decisions in the MCNCA RMP approved on October
24, 2004.
II. Discussion of Public Comments
The BLM GJFO proposed these supplementary rules in the Federal
Register on July 13, 2009 (74 FR 33466). Public comments were accepted
for a period of 60 days ending on September 11, 2009. The BLM received
one comment from the Colorado Division of Wildlife (CDOW). The CDOW
comment asked the BLM to consider revising the supplementary rule
(8) addressing areas designated as ``day use.'' The CDOW
encouraged the BLM to modify the rule to allow hunters in these areas
during periods of darkness. Pursuant to Colorado State law, hunters in
the legitimate pursuit of game are authorized to hunt 30 minutes before
sunrise and 30 minutes after sunset.
BLM Response: The BLM agrees with this additional clarification and
changed the supplementary rule (8) addressing ``day use
areas'' to allow legitimate hunters in the pursuit of game to access
``day use'' areas during the time periods defined as ``legal hunting
hours'' by the CDOW.
III. Discussion of the Supplementary Rules
In preparing the RMP, the BLM sought public review of four
alternatives including its preferred alternative. The preferred
alternative incorporated an adaptive management approach to allow for
flexibility in management actions based on the results of resource and
visitor monitoring.
The RMP includes specific management actions that restrict certain
activities and define allowable uses. The final supplementary rules
implement these management actions within the MCNCA. Many of the final
supplementary rules apply to the entire area but some apply to specific
areas within the MCNCA. The final supplementary rules are written to
allow for the management flexibility that is available under the
principles of adaptive management.
IV. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
These supplementary rules are not significant regulatory actions
and not subject to review by the Office of Management and Budget under
Executive Order 12866. These supplementary rules will not have an
annual 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 supplementary rules
will not create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency. The supplementary rules do
not materially alter the budgetary effects of entitlements, grants,
user fees, or loan programs or the rights or obligations of their
recipients; and they do not raise novel legal or policy issues. These
supplementary rules are merely rules of conduct for public use of a
limited area of public lands.
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 final supplementary rules easier to understand, including
answers to questions such as the following:
(1) Are the requirements in the final supplementary rules clearly
state?
(2) Do the final supplementary rules contain technical language or
jargon that interferes with their clarity?
(3) Does the format of the final 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 final supplementary rules in the
SUPPLEMENTARY INFORMATION section of this preamble helpful to your
understanding of the Final supplementary rules? How could this
description be more helpful in making the Final 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
In July 2004, the BLM completed an environmental impact statement
(EIS) as part of the development of the Proposed RMP and Final EIS for
the Colorado Canyons National Conservation Area (now McInnis Canyons
National Conservation Area), which includes the Black Ridge Canyons
Wilderness. During the National Environmental Policy Act process,
proposed decisions were fully analyzed, including the substance of
these supplementary rules. The pertinent analysis can be found in
Chapter 2, Alternatives, of the RMP. The Record of Decision for the RMP
was signed by the BLM Colorado State Director in October 2004. These
final supplementary rules provide for implementation of the decisions
in the RMP. The rationale for the decisions made in the plan is fully
covered in the EIS. The EIS is available for review in the BLM
administrative record at the address specified in the ADDRESSES
section.
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act (RFA) of 1980, as
amended (5 U.S.C. 601-612) to ensure that Government regulations do not
unnecessarily or disproportionately burden small entities. The RFA
requires a regulatory flexibility analysis if a rule would have a
significant economic impact, either detrimental or beneficial, on a
substantial number of small entities. These supplementary rules merely
establish rules of conduct for public use of a limited area of public
lands. Therefore, the BLM has determined under the RFA that the
supplementary rules would not have a significant economic impact on a
substantial number of small entities.
Small Business Regulatory Enforcement Fairness Act
These supplementary rules are not considered a ``major rule'' as
defined under 5 U.S.C. 804(2). The supplementary rules are rules of
conduct for public use of a limited area of public lands and do not
affect commercial or business activities of any kind.
Unfunded Mandates Reform Act
These supplementary rules do 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 do they have a
significant or unique effect on small governments. The rules have no
effect on governmental or Tribal entities and would impose no
requirements on any of these entities. The supplementary rules merely
establish rules of conduct for public use of a limited selection of
public lands and do not affect Tribal, commercial, or business
activities of any
[[Page 38542]]
kind. Therefore, the BLM is not required to prepare a statement
containing the information required by the Unfunded Mandates Reform Act
(2 U.S.C. 1531 et seq.).
Executive Order 12630, Governmental Actions and Interference With
Constitutionally Protected Property Rights (Takings)
These supplementary rules do not have significant takings
implications, nor are they capable of interfering with
Constitutionally-protected property rights. The supplementary rules
merely establish rules of conduct for public use of a limited area of
public lands and do not affect anyone's property rights. Therefore, the
BLM has determined that these rules will not cause a ``taking'' of
private property or require preparation of a takings assessment under
this Executive Order.
Executive Order 13132, Federalism
These supplementary rules will not have a substantial direct effect
on the States, the relationship between the national government and the
States, nor the distribution of power and responsibilities among the
various levels of government. These supplementary rules do not come
into conflict with any State law or regulation. Therefore, in
accordance with Executive Order 13132, the BLM has determined that
these supplementary rules do not have sufficient Federalism
implications to warrant preparation of a Federalism Assessment.
Executive Order 12988, Civil Justice Reform
Under Executive Order 12988, the BLM has determined that these
rules will not unduly burden the judicial system and that they meet the
requirements of sections 3(a) and 3(b)(2) of the Order.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, the BLM has found that
these supplementary rules do not include policies that have Tribal
implications. The supplementary rules do not affect land held for the
benefit, nor impede the rights of Indians or Alaska Natives.
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
These final supplementary rules do not comprise a significant
energy action. The rules will not have an adverse effect on energy
supplies, production, or consumption. The rules would have no
conceivable connection with energy policy.
Executive Order 13352, Facilitation of Cooperative Conservation
In accordance with Executive Order 13352, the BLM has determined
that these supplementary rules will not impede facilitating cooperative
conservation; will take appropriate account of and consider the
interests of persons with ownership or other legally recognized
interests in land or other natural resources; properly accommodate
local participation in the Federal decision-making process; and provide
that the programs, projects, and activities are consistent with
protecting public health and safety. These rules merely establish rules
of conduct for recreational use of certain public lands.
Paperwork Reduction Act
These supplementary rules do not directly provide for any
information collection that the Office of Management and Budget must
approve under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Any
information collection that may result from Federal criminal
investigations or prosecution conducted under these proposed
supplementary rules is exempt from the provisions of the Paperwork
Reduction Act of 1995, as provided at 44 U.S.C. 3518(c)(1).
Information Quality Act
In developing these supplementary rules, 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 supplementary rule is Eric Boik, Law
Enforcement Officer, Bureau of Land Management Colorado, Grand Junction
Field Office, Grand Junction, CO.
For the reasons stated in the preamble, and under the authorities
for supplementary rules found at 43 U.S.C. 1740 and 43 CFR 8365.1-6,
the Colorado State Director, Bureau of Land Management, issues
supplementary rules for public lands managed by the BLM in Colorado, to
read as follows:
Final Supplementary Rules for Public Lands in Colorado: McInnis Canyons
National Conservation Area
These supplementary rules apply, except as specifically exempted,
to activities within the McInnis Canyons National Conservation Area
(MCNCA), which is comprised of public lands administered by the Bureau
of Land Management (BLM) near Grand Junction, Colorado. These
supplementary rules are in effect on a year-round basis and will remain
in effect until modified by the authorized officer.
Prohibited Acts
1. You must not camp in sites or areas not designated as open to
camping by a BLM sign or map.
2. You must not start or maintain a fire in sites or areas not
designated as open for such use by a BLM sign or map.
3. In areas designated as open for starting or maintaining a fire,
any fire must be fully contained in a metal fire grate, fire pan, or
other metal device to contain ashes. Mechanical stoves and other
appliances that are fueled by gas, and equipped with a valve that
allows the operator to control the flame, are among the devices that
meet this requirement.
4. When starting or maintaining a fire outside of a developed
recreation site, you must contain and completely remove fire ashes and
debris from BLM land.
5. You must not cut, collect, or use live, dead, or down wood
except in areas designated as open to such use by a BLM sign or map.
6. The hours of operation are sunrise to sunset in any area that is
for day-use only as indicated by a BLM sign or map. You must not enter
or remain in such an area after sunset or before sunrise. Licensed
hunters in legitimate pursuit of game during the proper season may
access and remain in day use-only areas during the time periods defined
as legal hunting hours by the Colorado Division of Wildlife.
7. You must not park in areas not designated for parking by a BLM
sign or map.
8. Exceeding group size limits, as indicated by a BLM sign or map,
is prohibited.
9. Exceeding length of stay limits, as indicated by a BLM sign or
map, is prohibited.
10. Individuals and/or groups must register and possess proof of
registration as indicated by a BLM sign or map.
11. You must not use roads and/or trails by motorized or mechanized
vehicle or equestrian or pedestrian travel except where designated as
open to such use by a BLM sign or map.
12. You must not discharge a firearm of any kind, including those
used for target shooting or paintball. Licensed hunters in legitimate
pursuit of game during the proper season with
[[Page 38543]]
appropriate firearms, as defined by the Colorado Division of Wildlife,
are exempt from this rule.
13. You must not collect or disturb rocks, minerals, fossils,
chipped rocks, arrowheads, or other paleontological, prehistoric or
historical artifacts.
14. You must not enter an area that is designated as closed by a
BLM sign or map.
15. You must remove and properly dispose of canine solid waste when
and where indicated by a BLM sign or map.
16. You must not bring any dog into the MCNCA that is not
controlled by visual, audible, or physical means.
17. You must not burn wood or other material containing nails,
glass, or any metal.
18. You must dispose of solid human waste as indicated by a BLM
sign or map.
Exemptions
The following persons are exempt from these supplementary rules:
A. Any Federal, State, local and/or military in the scope of their
duties;
B. Members of any organized rescue or fire-fighting force in
performance of an official duty;
C. Persons, agencies, municipalities, or companies holding an
existing special-use permit inside the MCNCA and operating within the
scope of their permit.
Penalties
Under the Taylor Grazing Act of 1934, 43 U.S.C. 315a, any willful
violation of these supplementary rules on public lands within a grazing
district shall be punishable by a fine of not more than $500.
Under Section 303(a) of the Federal Land Policy and Management Act
of 1976, 43 U.S.C. 1733(a), and 43 CFR 8360.0-7, any person who
violates any of these supplementary rules may be tried before a United
States Magistrate and fined no more than $1,000, imprisoned for no more
than 12 months, or both.
Such violations may also be subject to the enhanced fines provided
for by 18 U.S.C. 3571.
Anna Marie Burden,
Acting State Director.
[FR Doc. 2010-16148 Filed 7-1-10; 8:45 am]
BILLING CODE 4310-JB-P