Notice2021-17704
Notice of Proposed Supplementary Rules for the Klondike Bluffs Area of Public Lands Managed by the Moab Field Office in Grand County, UT
Primary source
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Published
August 18, 2021
Issuing agencies
Interior DepartmentLand Management Bureau
Abstract
These proposed supplementary rules would limit camping to developed campgrounds and designated campsites within the Klondike Bluffs Mountain Bike Focus Area and a nearby isolated 160-acre Bureau of Land Management (BLM) parcel. The rules would require the use of portable toilets at designated campsites where constructed toilets are not provided. Additionally, the proposed supplementary rules would prohibit wood cutting and collecting in the Klondike Bluffs Mountain Bike Focus Area and the nearby 160-acre parcel.
Full Text
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<title>Federal Register, Volume 86 Issue 157 (Wednesday, August 18, 2021)</title>
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[Federal Register Volume 86, Number 157 (Wednesday, August 18, 2021)]
[Notices]
[Pages 46270-46272]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17704]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[212 LLUTY01000 L12200000.MA0000]
Notice of Proposed Supplementary Rules for the Klondike Bluffs
Area of Public Lands Managed by the Moab Field Office in Grand County,
UT
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of proposed supplementary rules.
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SUMMARY: These proposed supplementary rules would limit camping to
developed campgrounds and designated campsites within the Klondike
Bluffs Mountain Bike Focus Area and a nearby isolated 160-acre Bureau
of Land Management (BLM) parcel. The rules would require the use of
portable toilets at designated campsites where constructed toilets are
not provided. Additionally, the proposed supplementary rules would
prohibit wood cutting and collecting in the Klondike Bluffs Mountain
Bike Focus Area and the nearby 160-acre parcel.
DATES: Comments on the proposed supplementary rules must be received or
postmarked by October 18, 2021.
ADDRESSES: Comments may be submitted by mail, hand delivery, or email
to the BLM Moab Field Office, Attention: Katie Stevens, 82 East Dogwood
Avenue, Moab, UT 84532, or <a href="/cdn-cgi/l/email-protection#335840475645565d4073515f5e1d545c45"><span class="__cf_email__" data-cfemail="58332b2c3d2e3d362b183a3435763f372e">[email protected]</span></a>. The proposed supplementary
rules and accompanying environmental documents are available for
inspection at the BLM Moab Field Office at the address listed above and
on the ePlanning website at: <a href="https://eplanning.blm.gov/eplanning-ui/project/117076/510">https://eplanning.blm.gov/eplanning-ui/project/117076/510</a>. To access this link, please copy it into any
browser other than internet Explorer.
FOR FURTHER INFORMATION CONTACT: Jennifer Jones, Assistant Field
Manager for Recreation, BLM Moab Field Office, 82 East Dogwood Avenue,
Moab, UT 84532, (435) 259-2100, or <a href="/cdn-cgi/l/email-protection#81e3edecdef4f5deece3deece0e8edc1e3edecafe6eef7"><span class="__cf_email__" data-cfemail="9ffdf3f2c0eaebc0f2fdc0f2fef6f3dffdf3f2b1f8f0e9">[email protected]</span></a>. Persons who
use a telecommunications device for the deaf may call the Federal Relay
Service (FRS) at 1-800-877-8339 to leave a message or question for the
above individual. The FRS is available 24 hours a day, 7 days a week.
Replies are provided during normal business hours.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background
III. Discussion
IV. Procedural Matters
V. Proposed Supplementary Rules for the BLM Moab Field Office
I. Public Comment Procedures
Written comments on the proposed supplementary rules must be sent
in accordance with the information outlined in the DATES and ADDRESSES
sections of this notice. The BLM is not obligated to consider comments
received after the close of the comment period (see DATES) unless they
are postmarked or electronically dated before the deadline. The BLM is
not obligated to consider comments delivered to an address other than
that listed above in ADDRESSES. Comments 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 proposed rule
the comment is addressing.
Comments, including names, addresses, and other contact information
of respondents, will be available for public review at the BLM Moab
Field Office, 82 East Dogwood Avenue, Moab, UT 84532, during regular
business hours (7:45 a.m.-4:30 p.m., Monday through Friday, except
Federal holidays). 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 the BLM in your comment to withhold your personal
identifying information from public review, we cannot guarantee we will
be able to do so.
II. Background
In September 2019, the BLM issued a Decision Record on an
Environmental Assessment (EA) to limit camping to designated sites and
developed campgrounds in the Klondike Bluffs Mountain Bike Focus Area
and a nearby isolated 160-acre parcel of BLM-administered land that is
completely surrounded by lands managed by the State of Utah. During the
EA process, the BLM identified the need to establish enforceable
supplementary rules concerning camping at these locations.
The BLM has documented significant increases in visitation numbers
and resulting pressures on camping areas in the Moab Field Office.
Therefore, the BLM has determined these proposed rules are necessary to
increase sustainable camping and recreation opportunities, provide for
visitor health and safety, prevent undue degradation of natural and
cultural non-renewable resources, and promote high-quality outdoor
recreation opportunities.
During the 15-day public comment period for the EA, the BLM
received 14 comments, of which 13 were in support of the proposal. The
proposal was also supported by Grand County, Utah. The Utah Governor's
Office of Economic Development commented and offered monetary
assistance with building a campground in the Klondike Bluffs area to
enhance the quality of the world-class recreation opportunities.
[[Page 46271]]
III. Discussion
The BLM Moab Field Office
The BLM Moab Field Office has jurisdiction from the Grand County
line to the north, the Utah-Colorado State line to the east, Harts Draw
and Lisbon Valley to the south, and the Green River to the west. The
public lands managed by the Moab Field Office are a domestic and
international tourist destination hosting three million visitors per
year. The Moab Field Office manages 45 developed campgrounds.
The proposed supplementary rules are critical for continuing to
provide sustainable camping opportunities, public health and safety,
reducing visitor conflicts, and protecting natural and cultural
resources on public lands. The supplementary rules already in place
have been effective in providing for visitor health and safety and
protecting cultural and natural resources while improving the visitor
experience. The proposed rules would supplement existing rules by
providing protection to an additional high visitation area managed by
the Moab Field Office.
The proposed rules regarding camping, human waste, and wood
gathering would cover the Klondike Bluffs Mountain Bike Focus Area and
a nearby 160-acre public land parcel (for a total of 14,786 acres) that
has become increasingly popular as the Klondike Bluffs Mountain Bike
Trail System has been developed. The restrictions are directly related
to the degradation of natural resources, health and safety issues posed
by the presence of human waste, and unsustainable levels of high-
density camping use where no facilities exist to mitigate visitor
impacts.
The reasoning for each rule is addressed below.
1. Proposed rule: You must camp at a designated site.
This proposed rule would apply to the Klondike Bluffs Mountain Bike
Focus Area and a nearby 160-acre parcel where dispersed camping is
degrading natural, visual, and wildlife resources while causing risks
to human health. The affected area, which is enumerated in the Proposed
Supplementary Rules section, reflects the recreation management
decision (REC-6) in the 2008 Moab Resource Management Plan (RMP) to
limit dispersed camping as visitation impacts and environmental
conditions warrant.
2. Proposed rule: You must use a constructed toilet or possess, set
up for usage, and use a portable toilet to dispose of solid human
waste. Exposure to human waste is a health risk to the public and BLM
personnel. The continuous deposition of human waste on or just beneath
the surface of the ground--which is largely sand and bare rock in the
Moab region--is a risk that is not naturally mitigated. These risks are
amplified in high-visitation areas and must be mitigated by specifying
the methods of disposal. This rule would apply to the Klondike Bluffs
Mountain Bike Focus Area and the nearby 160-acre parcel because the
area experiences a very high level of visitation.
3. Proposed rule: You must not cut, gather, or collect wood.
Wood gathering depletes an already sparse supply of woody
vegetation that is not readily replaced in the desert environment. As
with camping and human waste, the Klondike Bluffs Area is at a greater
risk of resource damage and depletion due to high visitation. In order
to ensure that future visitors can enjoy the visual resources, and to
protect the sensitive desert ecology, wood cutting, gathering, and
collecting in the Klondike Bluffs area would be prohibited.
IV. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
These proposed supplementary rules are not significant regulatory
actions and are not subject to review by the Office of Management and
Budget under Executive Order 12866. These proposed supplementary rules
would not have an annual effect of $100 million or more on the economy.
They would 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 would not create a serious inconsistency
or otherwise interfere with an action taken or planned by another
agency. The proposed supplementary rules would not materially alter the
budgetary effects of entitlements, grants, user fees, loan programs, or
the rights or obligations of their recipients; nor does it raise novel
legal or policy issues. These supplementary rules merely establish
rules of conduct for public use on a limited area of public lands.
Clarity of the Regulations
Executive Order 12866 requires each agency to write regulations
that are simple and easy to understand. The BLM invites comments on how
to make this supplementary rule easier to understand, including answers
to questions such as the following:
1. Are the requirements in the supplementary rule clearly stated?
2. Does the supplementary rule contain technical language or jargon
that interferes with their clarity?
3. Does the format of the supplementary rule (grouping and order of
sections, use of headings, paragraphing, etc.) aid or reduce clarity?
4. Is the description of the supplementary rule in the
SUPPLEMENTARY INFORMATION section of this preamble helpful in
understanding the supplementary rule? How could this description be
more helpful in making the supplementary rule easier to understand?
Please send any comments on the clarity of the rule to the address
specified in the ADDRESSES section.
National Environmental Policy Act
These proposed supplementary rules are consistent with and
necessary to properly implement decisions proposed, analyzed, and
approved in EA #DOI-BLM-UT-Y010-2019-0021-EA. They would establish
rules of camping conduct for public use of public lands managed by the
Moab Field Office in order to protect public health, safety and natural
and cultural resources. The approved EA is available for review at the
physical and on-line locations identified 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 proposed supplementary
rules would merely establish rules of conduct for public use on a
limited area of public lands. Therefore, the BLM has determined the
proposed supplementary rules would not have a significant economic
impact on a substantial number of small entities.
Small Business Regulatory Enforcement Fairness Act
These proposed supplementary rules are not ``major'' as defined
under 5 U.S.C. 804(2). The proposed supplementary rules would merely
establish rules of conduct for public use on a limited area of public
lands and would not affect commercial or business activities of any
kind.
Unfunded Mandates Reform Act
These proposed supplementary rules would not impose an unfunded
mandate on state, local, or tribal
[[Page 46272]]
governments in the aggregate, or the private sector of more than $100
million per year; nor would they have a significant or unique effect on
small governments. The proposed supplementary rules would have no
effect on governmental or tribal entities and would impose no
requirements on any of these entities. The proposed supplementary rules
would merely establish rules of conduct for public use on a limited
selection of public lands and would not affect tribal, commercial, or
business activities of any 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 proposed supplementary rules do not have significant takings
implications, nor are they capable of interfering with
Constitutionally-protected property rights. The proposed supplementary
rules would merely establish rules of conduct for public use for a
limited area of public lands and would not affect anyone's property
rights. Therefore, the Department of the Interior has determined these
proposed supplementary rules would not cause a ``taking'' of private
property or require preparation of a takings assessment under this
Executive Order.
Executive Order 13132, Federalism
These proposed supplementary rules would not have a substantial
direct effect on the states, the relationship between the Federal
Government and the states, nor the distribution of power and
responsibilities among the various levels of government. These proposed
supplementary rules would not conflict with any state law or
regulation. Therefore, in accordance with Executive Order 13132, the
BLM has determined 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 Office of the Solicitor has
determined these proposed supplementary rules would 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 Tribal
Governments
In accordance with Executive Order 13175, the BLM conducted
consultation and coordination with tribal governments in the
development of the RMP and the EA which form the basis for the proposed
rules. Tribal consultation was also undertaken on EA #DOI-BLM-UT-Y010-
2019-0021-EA. The two Tribes who responded (the Hopi and the Southern
Ute) fully concurred with the proposed action to limit camping to
designated sites.
Energy Supply, Distribution, or Use
Under Executive Order 13211, the BLM has determined the proposed
supplementary rules would not comprise a significant energy action, and
they would not have an adverse effect on energy supplies, production,
or consumption.
Paperwork Reduction Act
These 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.
Federal criminal investigations or prosecutions may result from these
rules, and the collection of information for these purposes is exempt
from the Paperwork Reduction Act, 44 U.S.C. 3518(c)(1).
Author
The principal author of these supplementary rules is Kathleen
Stevens, Outdoor Recreation Planner, BLM Moab Field Office, 82 East
Dogwood Avenue, Moab, UT 84532.
V. Proposed Supplementary Rules for the BLM Moab Field Office
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 BLM Utah State Director is proposing the following supplementary
rules:
Definitions
The following definitions apply to the supplementary rules
Camping: 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 while engaged
in recreational activities such as hiking, hunting, fishing, bicycling,
sightseeing, off-road vehicle activities, or other generally recognized
forms of recreation.
Klondike Bluffs Mountain Bike Focus Area: Public land located east
of U.S. Highway 191, west of Arches National Park, north of the Dalton
Wells Road and south of the block of state land near Interstate 70. A
map of the area can be viewed at the Moab Field Office or in the
Klondike Bluffs EA.
Portable Toilet: (1) A containerized and reusable system; (2) A
commercially available biodegradable system that is landfill disposable
(e.g., Rest Stop, Go-Anywhere Toilet Kit or ``WAG bag''); or (3) A
washable, reusable toilet within a camper, trailer or motor home.
The following rules apply to the Klondike Bluffs Mountain Bike
Focus Area and a nearby 160-acre parcel:
(1) You must camp at a designated site.
(2) You must not dispose of human waste in any other container than
a portable or constructed toilet.
(3) You must not cut, gather, or collect wood.
Penalties
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 on public lands within Utah 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.
Exemptions
Any Federal, State, local, or military persons acting within the
scope of their duties; and members of an organized rescue or
firefighting force in performance of an official duty.
Gregory Sheehan,
Bureau of Land Management, State Director, Utah.
[FR Doc. 2021-17704 Filed 8-17-21; 8:45 am]
BILLING CODE 4310-DQ-P
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