Rule2024-20154
Travel Management on Public Lands in Montrose, Delta, San Miguel, and Ouray Counties, CO
Primary source
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Published
September 9, 2024
Effective
October 9, 2024
Issuing agencies
Interior DepartmentLand Management Bureau
Abstract
The Bureau of Land Management (BLM) is finalizing a supplementary rule to regulate travel management decisions in the Dry Creek Travel Management Plan (TMP) issued December 1, 2009; the Ridgway TMP issued May 10, 2013; and the Norwood-Burn Canyon TMP issued November 14, 2014. The supplementary rule will apply to public lands in Montrose, Delta, San Miguel, and Ouray counties, Colorado, administered by the BLM Uncompahgre Field Office.
Full Text
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<title>Federal Register, Volume 89 Issue 174 (Monday, September 9, 2024)</title>
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[Federal Register Volume 89, Number 174 (Monday, September 9, 2024)]
[Rules and Regulations]
[Pages 72999-73002]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20154]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8360
[BLM_CO_FRN_MO4500179563]
Travel Management on Public Lands in Montrose, Delta, San Miguel,
and Ouray Counties, CO
AGENCY: Bureau of Land Management, Interior.
ACTION: Final supplementary rule.
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SUMMARY: The Bureau of Land Management (BLM) is finalizing a
supplementary rule to regulate travel management decisions in the Dry
Creek Travel Management Plan (TMP) issued December 1, 2009; the Ridgway
TMP issued May 10, 2013; and the Norwood-Burn Canyon TMP issued
November 14, 2014. The supplementary rule will apply to public lands in
Montrose, Delta, San Miguel, and Ouray counties, Colorado, administered
by the BLM Uncompahgre Field Office.
DATES: The final supplementary rule is effective on October 9, 2024.
ADDRESSES: You may send inquiries by mail, electronic mail, or hand-
delivery. Mail or hand delivery: Caroline Kilbane, Outdoor Recreation
Planner, BLM Uncompahgre Field Office, 2505 S Townsend Ave., Montrose,
CO 81401. Electronic mail: <a href="/cdn-cgi/l/email-protection#9bf8f0f2f7f9faf5fedbf9f7f6b5fcf4ed"><span class="__cf_email__" data-cfemail="01626a686d63606f6441636d6c2f666e77">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Caroline Kilbane, Outdoor Recreation
Planner, at (970) 240-5300 or by email at <a href="/cdn-cgi/l/email-protection#395a5250555b58575c795b5554175e564f"><span class="__cf_email__" data-cfemail="abc8c0c2c7c9cac5ceebc9c7c685ccc4dd">[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
The BLM is establishing this supplementary rule under the authority
of 43 CFR 8365.1-6, which authorizes BLM State Directors to establish
supplementary rules for the protection of persons, property, and public
lands and resources.
In March 2007, the BLM published in the Federal Register a Notice
of Intent to Amend the Uncompahgre Basin and San Juan/San Miguel
Resource Management Plans (RMPs) and prepare the Dry Creek
Comprehensive Travel Management Plan, Colorado (72 FR 10243). The RMP
amendment, approved in June 2010, changed off-highway vehicle
designations in identified areas from ``Open or Limited'' to ``Limited
to existing routes year-long or with seasonal restrictions'' until
further route-by-route planning could be completed. The BLM issued
decision records for the Dry Creek TMP on December 1, 2009; the Ridgway
TMP on May 13, 2013; and the Norwood-Burn Canyon TMP on November 14,
2014. The BLM approved the TMPs after multiple public comment
opportunities and coordination with local government. On April 2, 2020,
the BLM approved a revised Uncompahgre RMP that includes the Dry Creek,
Ridgway, and Norwood-Burn Canyon travel management areas (TMAs) and
brings forward from the TMPs the travel management decisions for these
areas.
This rule will implement and enforce several key decisions in the
TMPs to protect natural resources, enhance public safety, and help
improve habitat quality, big-game winter range, and migration
corridors. The rule does not affect other existing rules. The rule
applies to more than 121,000 acres of public land within the Dry Creek,
Ridgway, and Norwood-Burn Canyon TMAs administered by the BLM
Uncompahgre Field Office in Montrose, Delta, San Miguel, and Ouray
counties, Colorado. This rule is necessary to regulate travel
management decisions in the TMPs that restrict certain activities and
define allowable uses intended to enhance public safety, protect
natural and cultural resources, eliminate non-motorized impacts on
sensitive species habitat, and reduce conflicts among public land
users.
The rule makes enforceable restrictions limiting the operation of
mechanized vehicles to designated travel routes identified in the TMPs,
with the following exemptions: (1) big game hunters are permitted to
use mechanized game carts off designated travel routes outside of
designated wilderness and wilderness study areas only when necessary to
retrieve big game animals during authorized hunting seasons; (2)
mechanized vehicles are permitted to pull off designated travel routes
up to one vehicle-width from the edge of a roadway to accommodate
parking, dispersed camping, or general recreation; and (3) in the Dry
Creek TMA, mechanized vehicles are permitted to pull off within 300
feet of a designated travel route in a designated camping area
identified by a BLM sign or map.
The rule makes enforceable seasonal restrictions on travel in
certain priority big game wintering habitats identified by the BLM
Uncompahgre Field Office, in consultation with Colorado Parks and
Wildlife, as the most important big game winter use areas within the
TMAs. These seasonal restrictions allow for human access during non-
restricted periods while closing key areas during critical seasons to
preserve the health of big game herds.
The rule makes enforceable authorized dispersed camping in the
Norwood-Burn Canyon and Dry Creek TMAs unless a BLM sign or map
identifies an area as closed to such use, as well as authorized camping
in designated campgrounds in the Dry Creek TMA identified by a BLM sign
or map. The rule implements and makes enforceable the closure of the
Ridgway TMA to overnight use. In the Ridgway TMA, the rule makes
enforceable the requirement that pets be leashed in the Uncompahgre
Riverway Area and at all trailheads, as identified by BLM signs or
maps, and under audible or physical
[[Page 73000]]
control in all other areas. In the Norwood-Burn Canyon TMA, the rule
makes enforceable the requirement that pets be leashed at trailheads,
as identified by BLM signs or maps, and under audible or physical
control in all other areas. In the Dry Creek TMA, the rule makes
enforceable the requirement that pets be under audible or physical
control.
II. Discussion of Public Comments and Final Supplementary Rule
The BLM published a proposed supplementary rule on November 28,
2022 (87 FR 72954), soliciting public comments for 60 days. During the
comment period, the BLM received one submission from a conservation
organization. The comment supported the proposed rule and expressed
support for protecting big game wintering habitat. No changes were made
to the final supplementary rule as a result of the public comment.
The final rule updates Rule No. 1 under the Ridgway TMA Prohibited
Acts section to clarify that the big game seasonal closure applies to
trail uses on designated routes only and is not an area closure.
III. Procedural Matters
Regulatory Planning and Review (Executive Orders (E.O.s) 12866 and
13563)
E.O. 12866, as amended by E.O. 14094, provides that the Office of
Information and Regulatory Affairs (OIRA) in the Office of Management
and Budget will review all significant rules. This rule is not
significant under E.O. 12866. The rule will not have an effect of $100
million or more on the economy. The rule does 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. The rule will not create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency. The rule will 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. The rule will not affect legal commercial
activity; it merely imposes limitations on certain recreational
activities on certain public lands to protect natural resources and
enhance public safety.
E.O. 13563 reaffirms the principles of E.O. 12866 while calling for
improvement in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The Executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this rule in a manner consistent
with these requirements.
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.
This rule has no effect on business entities of any size and merely
imposes reasonable restrictions on certain recreational activities on
certain public lands to protect natural resources and the environment
and human health and safety. Therefore, the BLM has determined under
the RFA this rule does not have a significant economic impact on a
substantial number of small entities.
Congressional Review Act
This supplementary rule does not constitute a ``major rule'' as
defined at 5 U.S.C. 804(2), the Small Business Regulatory Enforcement
Fairness Act. The rule will not:
(a) Have an annual effect on the economy of $100 million or more;
(b) Cause a major increase in costs or prices for consumers;
individual industries; Federal, State, or local agencies; or geographic
regions; or
(c) 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.
This rule merely imposes 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
The rule does 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 does it have a significant or unique
effect on small governments. The rule merely imposes reasonable
restrictions on certain recreational activities on certain public lands
to protect natural resources and 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.).
Takings (E.O. 12630)
The rule does not constitute a Government action capable of
interfering with constitutionally protected property rights. The rule
does not address property rights in any form and does not cause the
impairment of constitutionally protected property rights. Therefore,
the BLM has determined that the rule does not cause a ``taking'' of
private property or require further discussion of takings implications
under this Executive order.
Federalism (E.O. 13132)
The rule does 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 rule does not have sufficient
federalism implications to warrant preparation of a Federalism
Assessment.
Civil Justice Reform (E.O. 12988)
This rule complies with the requirements of E.O. 12988.
Specifically, this rule:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
Consultation and Coordination With Indian Tribal Governments (E.O.
13175)
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian Tribes through a
commitment to consultation with Indian Tribes and recognition of their
right to self-governance and Tribal sovereignty.
[[Page 73001]]
In accordance with Executive Order 13175, the BLM has found this
rule does not include policies that have Tribal implications and will
have no bearing on trust lands or 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. Therefore, consultation under the
Department's Tribal consultation policy is not required.
Paperwork Reduction Act
This final supplementary rule does not contain information
collection requirements the Office of Management and Budget must
approve under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3521.
National Environmental Policy Act (NEPA)
The supplementary rule implements key decisions in the TMPs. During
the NEPA review for the TMPs, the BLM analyzed the substance of the
supplementary rule in three different environmental assessments (EAs):
DOI-BLM-CO-SO50-2008-033 EA for the Dry Creek TMP (decision record
signed December 1, 2009); DOI-BLM-CO-SO50-2011-0011 EA for the Ridgway
TMP (decision record signed May 13, 2013); and DOI-BLM-CO-SO50-2012-019
EA for the Norwood-Burn Canyon TMP (decision record signed November 14,
2014). Electronic copies of the decision records for each TMP are on
file at the BLM office at the address specified in the ADDRESSES
section above. The BLM completed a determination of NEPA adequacy (DOI-
BLM-CO-S050-2021-0045 DNA) confirming that the analyses in the TMP EAs,
and the associated public involvement procedures, as well as the
Uncompahgre Field Office RMP, are sufficient to support this
rulemaking.
Effects on the Energy Supply (E.O. 13211)
This rule does not comprise a significant energy action and does
not have an adverse effect on energy supply, production, or consumption
and has no connection with energy policy.
Author
The principal author of this supplementary rule is Caroline
Kilbane, Outdoor Recreation Planner, BLM, Uncompahgre Field Office.
IV. Final Rule
For the reasons stated in the preamble, and under the authority of
43 U.S.C. 1740 and 43 CFR 8365.1-6, the Colorado State Director, Bureau
of Land Management (BLM), establishes supplementary rules for public
lands managed by the BLM in the Dry Creek, Ridgway, and Norwood-Burn
Canyon Travel Management Areas located in Montrose, Delta, San Miguel,
and Ouray counties, Colorado, to read as follows:
Definitions
Camping means erecting a tent or a shelter of natural or synthetic
materials; preparing a sleeping bag or other bedding material for use;
or parking a motor vehicle, motor home, or trailer for the purpose or
apparent purpose of overnight occupancy.
Designated travel routes means roads, primitive roads, and trails
open or limited to specified modes of travel and identified on: (1) a
BLM sign; or (2) a map of designated roads and trails that is
maintained and available for public inspection at the BLM Uncompahgre
Field Office, Colorado. Designated routes are open or limited to public
use in accordance with any limits and restrictions as are specified in
the Uncompahgre Resource Management Plan (RMP), the Dry Creek Travel
Management Plan (TMP), the Ridgway TMP, the Norwood-Burn Canyon TMP, in
future decisions implementing the RMP, or in this supplementary rule.
Restrictions may include signs or physical barriers such as gates,
fences, posts, branches, or rocks.
Mechanized vehicle means a vehicle using a mechanical device not
powered by a motor, such as a bicycle.
Pet means any domesticated or tamed animal that is kept as a
companion.
Prohibited Acts
Dry Creek Travel Management Area (TMA) Prohibited Acts
(1) You must not operate or possess a mechanized vehicle except on
designated travel routes, unless:
(a) You are using a mechanized game cart for the purpose of
retrieving a large game animal during authorized hunting seasons,
outside of congressionally designated wilderness areas and wilderness
study areas;
(b) You are using a mechanized vehicle for the purpose of parking
within one vehicle-width of the edge of a designated travel route for
dispersed camping, where allowed, or general recreation; or
(c) You are using a mechanized vehicle in a designated camping area
as designated by a BLM sign or map and are within 300 feet of the
designated travel route.
(2) You must not operate or possess a mechanized vehicle on
specific routes that cross priority big game wintering habitat from
December 1 to April 15 or December 1 to March 31, as designated by a
BLM sign or map, except to access private inholdings with proper
authorization.
(3) Pets must be controlled by physical or audible means.
Ridgway TMA Prohibited Acts
(1) You must not operate or possess a mechanized vehicle except on
designated travel routes, unless you are using a mechanized game cart
for the purpose of retrieving a large game animal during authorized
hunting seasons.
(2) You must not operate or possess a mechanized vehicle or travel
by foot or horse on specific routes that cross priority big game
wintering habitat from December 1 to April 30, as designated by a BLM
sign or map, except to access private inholdings with proper
authorization and within the Uncompahgre Riverway Area.
(3) Pets must remain on leashes within the Uncompahgre Riverway
Area and at trailheads designated by a BLM sign or map. In all other
areas, pets must be controlled by physical or audible means.
(4) Overnight use is not allowed.
(5) Mechanized vehicles must be parked within one vehicle-width of
the edge of a designated travel route.
Norwood-Burn Canyon TMA Prohibited Acts
(1) You must not operate or possess a mechanized vehicle except on
designated travel routes, unless:
(a) You are using a mechanized game cart for the purpose of
retrieving a large game animal during authorized hunting seasons; or
(b) You are using a mechanized vehicle for the purpose of parking
within one vehicle-width of the edge of a designated travel route for
dispersed camping or general recreation.
(2) You must not operate or possess a mechanized vehicle on any
route that crosses priority big game wintering habitat from December 1
to April 30, as designated by a BLM sign or map, except to access
private inholdings with proper authorization.
(3) Dispersed camping is allowed unless closed by a BLM sign or
map.
(4) Pets must remain on leashes at trailheads designated by BLM
signs or maps. In all other areas, pets must be controlled by physical
or audible means.
Exemptions
The following persons are exempt from this supplementary rule: any
Federal, State, or local officers or employees acting within the scope
of
[[Page 73002]]
their duties; members of any organized law enforcement, military,
rescue, or fire-fighting force performing an official duty; and
persons, agencies, municipalities, or companies holding an existing
special-use permit and operating within the scope of their permit.
Enforcement
Any person who violates any part of the final supplementary rule
may be tried before a United States Magistrate and fined in accordance
with 18 U.S.C. 3571, imprisoned no more than 12 months under 43 U.S.C.
1733(a) and 43 CFR 8360.0-7, or both. In accordance with 43 CFR 8365.1-
7, State or local officials may also impose penalties for violations of
Colorado and local law.
(Authority: 43 U.S.C. 1733, 43 U.S.C. 1740; 43 CFR 8365.1-6)
Douglas J. Vilsack,
BLM Colorado State Director.
[FR Doc. 2024-20154 Filed 9-6-24; 8:45 am]
BILLING CODE 4331-16-P
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