2024-01399: Public Lands in the Colorado River Valley, Grand Junction and Kremmling Field Offices, and the Dominguez-Escalante National Conservation Area, CO

Federal Register, Volume 89 Issue 17 (Thursday, January 25, 2024) [Federal Register Volume 89, Number 17 (Thursday, January 25, 2024)] [Proposed Rules] [Pages 4872-4880] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-01399] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Land Management 43 CFR Part 8360 [BLM_CO_FRN_MO4500172299] Public Lands in the Colorado River Valley, Grand Junction and Kremmling Field Offices, and the Dominguez-Escalante National Conservation Area, CO

Agency

Bureau of Land Management, Interior.

Action

Proposed supplementary rule. -----------------------------------------------------------------------

Summary

The Bureau of Land Management (BLM) is proposing a supplementary rule to protect natural resources and public health and safety. The proposed supplementary rule would apply to public lands and BLM facilities managed by the Colorado River Valley, Grand Junction, and Kremmling Field Offices, and the Dominguez-Escalante National Conservation Area (NCA) in Colorado managed by the Grand Junction and Uncompahgre Field Offices.

Dates

Please submit comments by March 25, 2024. Comments received after this date may not be considered in the development of the final supplementary rule.

Addresses

You may submit comments by the following methods: ePlanning https://eplanning.blm.gov/eplanning-ui/project/90071/510, mail or hand deliver to Proposed Supplementary Rule, Attention: Erin Jones, Upper Colorado [[Page 4873]] River District, 2815 H Road, Grand Junction, CO, 81506.

For Further Information Contact

Erin Jones, Upper Colorado River District Associate District Manager (see address listed earlier), or by phone: (970) 244-3008; or email: [email protected]. Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-of-contact in the United States.

Supplementary Information

I. Public Comment Procedures

Written comments on the proposed supplementary rule should be specific, confined to issues pertinent to the proposed supplementary rule, and explain the reason for any recommended change. Where possible, comments should reference the specific section or paragraph of the proposed supplementary rule that the comments are addressing. The BLM will consider comments received before the end of the comment period (see DATES), including those that are postmarked before the deadline and delivered to the address listed earlier (see ADDRESSES). Comments, including names, street addresses, and other contact information of respondents will be available for public review during regular business hours (8:00 a.m. to 4:30 p.m. Monday through Friday, except on Federal holidays) in the Colorado River Valley, Grand Junction, Kremmling, and Uncompahgre Field Offices. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment--including your personal identifying information--may be made publicly available at any time. While you can ask in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

II. Background

The Colorado River Valley, Grand Junction, and Kremmling Field Offices, and Dominguez-Escalante NCA completed new resource management plans (RMPs) in recent years. Supplementary rules are necessary to implement the decisions in the RMPs, which would facilitate enforcement of these decisions and protect natural resources and public health and safety. The field offices completed their RMP processes and issued Records of Decision (RODs) after inviting the public to comment during scoping and public-comment periods. The field offices review each public comment received during each step of the process and responded to all comments received during the public-comment periods (see the individual RMPs for responses to public comments). Some parts of the proposed rule have already been in effect under previous RMPs; for example, the 14- day camping limits and restrictions on mechanized travel. Other proposed rule restrictions are from the new RMPs published in 2015, such as the restrictions on rock climbing in the Colorado River Valley Field Office and on metal detectors and paintball guns in Dominguez- Escalante NCA.

III. Discussion of the Proposed Supplementary Rule

This proposed supplementary rule would apply to public lands and BLM facilities managed by the Colorado River Valley Field Office, Grand Junction Field Office, Kremmling Field Office, and Dominguez-Escalante NCA. This proposed supplementary rule would address resource damage, public safety, wildland fire, and wildlife disruption concerns. The BLM consulted with the Shooting Sports Roundtable while preparing each RMP to coordinate on the shooting closures described in this proposed rule. We expect that concerns raised over restrictions to recreational activities in this proposed supplementary rule will be similar to those that the BLM addressed when it developed the supporting RMPs. Issues raised during the development of the supporting RMPs included concerns over the size and location of areas available for mechanized travel, target shooting, and camping in each field office or NCA, and the suitability of the areas for those uses. BLM examined the issues and comments submitted during the development of each RMP and struck a balance between making areas available for these types of activities and imposing restrictions where necessary to protect natural resources and public health and safety. The proposed supplementary rule conforms with management decisions contained in the following RMPs: [ssquf] Colorado River Valley RMP (2015) as amended by the Sutey Ranch and Haines Parcel Approved RMP Amendment (2019); [ssquf] Grand Junction RMP (2015); [ssquf] Kremmling RMP (2015); and [ssquf] Dominguez-Escalante NCA RMP (2017). The authority for this supplementary rule is set forth at sections 303 and 310 of the Federal Land Policy and Management Act (FLPMA), 43 U.S.C. 1733 and 1740, as well as 43 CFR 8365.1-6, which authorizes BLM State Directors to establish a supplementary rule for the protection of persons, property, and public lands and resources.

IV. Procedural Matters

Regulatory Planning and Review (Executive Orders 12866 and 13563) The proposed supplementary rule is not a significant regulatory action and is not subject to review by the Office of Management and Budget under Executive Order 12866 as amended by Executive Order 14094. The proposed supplementary rule would not have an effect of $200 million or more on the economy and would not adversely affect in a material way productivity; competition; jobs; the environment; public health or safety; or State, local, or Tribal governments or communities. The proposed supplementary rule would not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency. The proposed supplementary rule would not materially alter the budgetary effects of entitlements, grants, user fees, or loan programs, or the rights or obligations of their recipients, nor does it raise novel legal or policy issues. This proposed supplementary rule would merely impose limitations on certain activities on certain public lands to protect natural resources and human health and safety. Regulatory Flexibility Act Congress enacted the Regulatory Flexibility Act of 1980 (RFA), as amended, 5 U.S.C. 601-612, to ensure that government regulations do not unnecessarily or disproportionately burden small entities. The RFA requires a regulatory flexibility analysis if a rule would have a significant economic impact, either detrimental or beneficial, on a substantial number of small entities. The proposed supplementary rule would have no effect on business entities of any size. The proposed supplementary rule would merely impose reasonable restrictions on certain activities on certain public lands to protect natural resources and the environment and human health and safety. Therefore, the BLM certifies under the RFA that this proposed supplementary rule would not have a significant economic impact on a substantial number of small entities. [[Page 4874]] Congressional Review Act This proposed supplementary rule is not a ``major rule'' as defined at 5 U.S.C. 804(2). This proposed supplementary rule would merely impose reasonable restrictions on certain recreational activities on certain public lands to protect natural resources, the environment and human health and safety. This proposed supplementary rule would not: (1) Have an annual effect on the economy of $100 million or more. (2) Cause a major increase in costs or prices for consumers; individual industries; Federal, State, or local agencies; or geographic regions; or (3) Have significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets. Unfunded Mandates Reform Act The proposed supplementary rule would not impose an unfunded mandate on State, local, or Tribal governments or the private sector of more than $100 million per year; nor would it have a significant or unique effect on State, local, or Tribal governments or the private sector. The proposed supplementary rule would merely impose reasonable restrictions on certain recreational activities on specific public lands to protect natural resources, the environment, and human health and safety. Therefore, the BLM is not required to prepare a statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.). Governmental Actions and Interference With Constitutionally Protected Property Rights--Takings (Executive Order 12630) The proposed supplementary rule does not constitute a government action capable of interfering with constitutionally protected property rights. The proposed supplementary rule would not address property rights in any form and would not cause the impairment of constitutionally protected property rights. Therefore, the BLM has determined that this proposed supplementary rule would not cause a ``taking'' of private property or require further discussion of takings implications under this Executive order. Federalism (Executive Order 13132) The proposed supplementary rule would not have a substantial direct effect on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, the BLM has determined that this proposed supplementary rule does not have sufficient federalism implications to warrant preparation of a Federalism Assessment. Civil Justice Reform (Executive Order 12988) Under Executive Order 12988, the BLM has determined that this proposed supplementary rule would not unduly burden the judicial system and that it meets the requirements of sections 3(a) and 3(b)(2) of Executive Order 12988. Consultation and Coordination With Indian Tribal Governments (Executive Order 13175 and Departmental Policy) In accordance with Executive Order 13175, the BLM has found that this proposed supplementary rule does not include policies that have Tribal implications and would have no bearing on trust lands or on lands for which title is held in fee status by Indian Tribes or U.S. Government-owned lands managed by the Bureau of Indian Affairs. Paperwork Reduction Act This proposed supplementary rule does not contain information collection requirements that the Office of Management and Budget must approve under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3521. National Environmental Policy Act This proposed supplementary rule would implement key decisions in the following RMPs: Colorado River Valley Field Office, Grand Junction Field Office, Kremmling Field Office, and Dominguez-Escalante NCA. The BLM's National Environmental Policy Act (NEPA) reviews for these management plans analyzed the effects of implementing the RMP decisions through a supplementary rule. The BLM prepared a Determination of NEPA Adequacy to confirm that the prior analyses and public comment processes were sufficient to inform the decision to establish this supplementary rule. Therefore, additional NEPA analysis is not required. Copies of the Environmental Impact Statements and RODs for each RMP, and the Determination of NEPA Adequacy for this proposed supplementary rulemaking, are on file at the BLM offices at the addresses specified in the ADDRESSES section and electronic copies are available online at https://eplanning.blm.gov/eplanning-ui/project/90071/510. Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution or Use (Executive Order 13211) This proposed supplementary rule does not comprise a significant energy action. This proposed supplementary rule would not have an adverse effect on energy supply, production, or consumption and has no connection with energy policy. Information Quality Act In developing this proposed supplementary rule, the BLM did not conduct or use a study, experiment, or survey requiring peer review under the Information Quality Act (Section 515 of Pub. L. 106-554). Facilitation of Cooperative Conservation (Executive Order 13352) In accordance with Executive Order 13352, the BLM has determined that the proposed supplementary rule would not impede facilitating cooperative conservation; would take appropriate account of and consider the interests of persons with ownership or other legally recognized interests in land or other natural resources; would properly accommodate local participation in the Federal decision-making process; and would provide that the associated programs, projects, and activities are consistent with protecting public health and safety.

V. Proposed Rule

Author The principal author of this proposed supplementary rule is Erin Jones, Associate District Manager BLM Upper Colorado River District Office. For the reasons stated in the preamble, and under the authority of 43 U.S.C. 1733(a) and 1740, and 43 CFR 8365.1-6, the State Director proposes a supplementary rule for public lands and facilities in the Colorado River Valley Field Office, Grand Junction Field Office, Kremmling Field Office, and Dominguez-Escalante NCA. Proposed Supplementary Rule for the Colorado River Valley Field Office, Grand Junction Field Office, Kremmling Field Office, and Dominguez- Escalante National Conservation Area Definitions and Acronyms (1) As used in this Supplementary Rule, the term: Approved Portable Toilet means any non-biodegradable, durable container designated to receive and hold human waste, in any container position without leaking; and equipped with a dumping [[Page 4875]] system that allows the container to be emptied into a standard receiving or dump system designed for that purpose (such as a SCAT machine or recreational vehicle dump station), in a sanitary manner, without spills, seepage, or human exposure to human waste; or any approved biodegradable landfill-approved bag system designed for landfill or garbage can disposal (such as a ``WAG'' bag, a human waste disposal bag). Camp means erecting a tent or shelter of natural or synthetic material; preparing a sleeping bag or other bedding material; parking a motor vehicle, motor home, or trailer; or mooring a vessel for the apparent purpose of overnight occupancy. Campfire means a controlled fire occurring out of doors, used for cooking, branding, personal warmth, lighting, ceremonial, or aesthetic purposes. Designated campsite means a BLM-designated campsite, marked with a visible number or identification mounted on a post or placard. Designated sites may be undeveloped or developed with basic amenities. Developed recreation site. See definition at 43 CFR 8360.0-5(c). Developed toilet facility means a vault-type, pit, or portable toilet provided by the BLM or its partners. Dispersed campsite means an undesignated campsite not located in a campground that is traditionally used for camping. Firearm means a weapon, by whatever name known, that is designed to expel a projectile by the action of powder; and be readily capable of use as a weapon. Fire pan means a durable metal fire pan at least 12 inches in diameter with at least a 1.5-inch lip around its outer edge and sufficient to contain fire and fire remains containing fire, charcoal, and ash, while preventing ashes or burning material from spilling onto the ground; and that is elevated above the ground. Fire ring means a ring designed to contain a fire on the ground and can be natural or manmade, constructed of non-flammable materials, and is not considered a designated trash receptacle. Intent to camp means any off-loading, or preparing for use of common overnight equipment, such as tents, sleeping bags or bedding, food, cooking or dining equipment, or lighting equipment; or preparing common camping equipment for use in or on any boat. Mechanized travel means moving by means of a mechanical device, such as a bicycle or game retrieval cart; not powered by a motor. Over-snow vehicle means a motor vehicle that is designed for use over snow and that runs on a track or tracks and/or a ski or skis, while in use over snow. Public lands means any lands and interests in lands owned by the United States and administered by the Secretary of the Interior through the Bureau of Land Management without regard to how the United States acquired ownership, except: