Rule2022-08859
Final Supplementary Rules for the Klondike Bluffs Area of Public Lands Managed by the Moab Field Office in Grand County, UT
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 27, 2022
Effective
May 23, 2022
Issuing agencies
Interior DepartmentLand Management Bureau
Abstract
The Bureau of Land Management (BLM) is finalizing rules limiting camping to developed campgrounds and designated campsites within the Klondike Bluffs Mountain Bike Focus Area and a nearby isolated 160-acre BLM parcel. The rules require the use of portable toilets at designated campsites where constructed toilets are not provided. Additionally, the rules 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 87 Issue 81 (Wednesday, April 27, 2022)</title>
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[Federal Register Volume 87, Number 81 (Wednesday, April 27, 2022)]
[Rules and Regulations]
[Pages 24873-24875]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08859]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8360
[223 LLUTY00000 L12200000.MA0000]
Final 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: Final supplementary rule.
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SUMMARY: The Bureau of Land Management (BLM) is finalizing rules
limiting camping to developed campgrounds and designated campsites
within the Klondike Bluffs Mountain Bike Focus Area and a nearby
isolated 160-acre BLM parcel. The rules require the use of portable
toilets at designated campsites where constructed toilets are not
provided. Additionally, the rules prohibit wood cutting and collecting
in the Klondike Bluffs Mountain Bike Focus Area and the nearby 160-acre
parcel.
DATES: These final supplementary rules are effective on May 23, 2022.
ADDRESSES: Inquiries may be directed to the BLM Moab Field Office at
(435) 259-2100 or 82 East Dogwood Avenue, Moab, UT 84532. The final
supplementary rules and accompanying environmental documents are
available for inspection at the BLM Moab Field Office and on the
ePlanning website at: <a href="https://go.usa.gov/xuZsG">https://go.usa.gov/xuZsG</a>.
A map of the management area and boundaries can be obtained by
contacting the Moab Field Office (see ADDRESSES section).
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#9cf6f0f6f3f2f9efdcfef0f1b2fbf3ea"><span class="__cf_email__" data-cfemail="f09a9c9a9f9e9583b0929c9dde979f86">[email protected]</span></a>. 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 Rules
IV. Procedural Matters
I. Background
The BLM is establishing these final supplementary rules under the
authority of 43 CFR 8365.1-6, which allows State Directors to establish
supplementary rules for the protection of persons, property, and the
public lands and resources. This provision allows the BLM to issue
rules of less than national effect without codifying the rules in the
CFR. These final supplementary rules apply to public lands managed by
the Moab Field Office.
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 managed by the Moab Field
Office. Therefore, the BLM has determined these 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 on the EA, the BLM received
14 comment letters, 13 of which 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 to build a campground in the Klondike Bluffs area to enhance
the quality of the world-class recreation opportunities.
II. Discussion of Public Comments
The BLM published proposed supplementary rules on August 18, 2021
(88 FR 46270). Five comment letters were received during the 60-day
public comment period. All five of the commentors expressed strong
support for the supplementary rules.
III. Discussion of Final Supplementary Rules
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 46 developed campgrounds.
These final supplementary rules are critical for continuing to
provide sustainable camping opportunities, ensuring 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. These final rules supplement existing rules by providing
protection to an additional high-visitation area managed by the Moab
Field Office.
The final supplementary rules regarding camping, human waste, and
wood gathering 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, which 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. Final rule: You must camp at a designated site. This final rule
applies 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 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. Final 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 continual 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 applies 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. Final rule: You must not cut, gather, or collect wood. Wood
gathering
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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. To ensure future visitors can
enjoy the visual resources, and to protect the sensitive desert
ecology, wood cutting, gathering, and collecting in the Klondike Bluffs
area is prohibited.
IV. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
These final 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 final 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 do 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, loan programs, or the rights or
obligations of their recipients; nor do they raise novel legal or
policy issues. These supplementary rules merely establish rules of
conduct for public use on a limited area of public lands.
National Environmental Policy Act
These 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 establish rules of camping conduct
for public use of public lands managed by the Moab Field Office 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 has a significant
economic impact, either detrimental or beneficial, on a substantial
number of small entities. These final supplementary rules merely
establish rules of conduct for public use on a limited area of public
lands. Therefore, the BLM has determined the final supplementary rules
do not have a significant economic impact on a substantial number of
small entities.
Small Business Regulatory Enforcement Fairness Act
These final supplementary rules are not ``major'' as defined under
5 U.S.C. 804(2). The final supplementary rules merely establish rules
of conduct for public use on a limited area of public lands and will
not affect commercial or business activities of any kind.
Unfunded Mandates Reform Act
These final supplementary rules 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 they have a
significant or unique effect on small governments. The final
supplementary rules will have no effect on governmental or Tribal
entities and will impose no requirements on any of these entities. The
final supplementary rules will merely establish rules of conduct for
public use on a limited selection of public lands and will 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 final supplementary rules do not have significant takings
implications, nor are they capable of interfering with Constitutionally
protected property rights. The final supplementary rules merely
establish rules of conduct for public use for a limited area of public
lands and will not affect anyone's property rights. Therefore, the
Department of the Interior has determined these final supplementary
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 final supplementary rules will 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 final supplementary rules
will not conflict with any State law or regulation. Therefore, in
accordance with Executive Order 13132, the BLM has determined these
final 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 final supplementary 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 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 final
supplementary 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 action to limit camping
to designated sites.
Energy Supply, Distribution, or Use
Under Executive Order 13211, the BLM has determined the final
supplementary rules do not comprise a significant energy action, and
they will not have an adverse effect on energy supplies, production, or
consumption.
Paperwork Reduction Act
These final supplementary rules do 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, 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 final supplementary rules is Kathleen
Stevens, Outdoor Recreation Planner, BLM Moab Field Office, 82 East
Dogwood Avenue, Moab, UT 84532.
V. Final 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 establishes the following supplementary
rules:
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Definitions
The following definitions apply to the final 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 official duties; members of an organized rescue or
firefighting force in performance of an official duty; and persons who
are expressly authorized or approved by the BLM.
Gregory Sheehan,
Bureau of Land Management, Utah State Director.
[FR Doc. 2022-08859 Filed 4-26-22; 8:45 am]
BILLING CODE 4310-DQ-P
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</html>Indexed from Federal Register on April 27, 2022.
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