Public Lands Administered by the Tres Rios Field Office in Archuleta, La Plata, Montezuma, Dolores, San Miguel, and Montrose Counties; and by the Gunnison Field Office in Gunnison, Ouray, San Juan, and Hinsdale Counties, CO
| Published date | 28 February 2024 |
| Record Number | 2024-03732 |
| Citation | 89 FR 14606 |
| Court | Land Management Bureau |
| Section | Proposed rules |
Federal Register, Volume 89 Issue 40 (Wednesday, February 28, 2024)
[Federal Register Volume 89, Number 40 (Wednesday, February 28, 2024)]
[Proposed Rules]
[Pages 14606-14612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03732]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 8360
[BLM_CO_FRN_MO4500170792]
Public Lands Administered by the Tres Rios Field Office in
Archuleta, La Plata, Montezuma, Dolores, San Miguel, and Montrose
Counties; and by the Gunnison Field Office in Gunnison, Ouray, San
Juan, and Hinsdale Counties, CO
AGENCY: Bureau of Land Management, Interior.
ACTION: Proposed supplementary rule.
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SUMMARY: The Bureau of Land Management (BLM) Colorado is proposing a
supplementary rule for public lands addressed in five planning efforts
in the Tres Rios and Gunnison Field Offices. The proposed supplementary
rule would implement decisions relating to motorized and non-motorized
vehicles, day-use areas, seasonal wildlife habitat protection, camping,
and campfires.
DATES: Please send comments to the following address by April 29, 2024.
Comments postmarked or received in person or by electronic mail after
this date may not be considered when developing the final supplementary
rule.
ADDRESSES: Please send comments related to the proposed supplementary
rule implementing the Tres Rios Field Office (TRFO) Resource Management
Plan (RMP), the Dolores River Corridor Management Plan (CMP), and the
TRFO Transportation and Access Plan--Travel Area 1 (TAP1) to the Bureau
of Land Management, Tres Rios Field Office, 29211 Highway 184, Dolores,
CO 81323; or email comments to [email protected].
Please send comments related to the proposed supplementary rule
implementing the Alpine Triangle Recreation Area Management Plan (RAMP)
and the Silverton Travel Management Plan (TMP) to the Bureau of Land
Management, Gunnison Field Office, 210 W Spencer Ave., Gunnison, CO
81230; or email comments to [email protected].
On all comments, please include ``Proposed Supplementary Rule'' in
the subject line.
FOR FURTHER INFORMATION CONTACT: For information regarding the TRFO
RMP, Dolores River CMP, and TRFO TAP1, contact Tyler Fouss, Field Staff
Ranger, Bureau of Land Management, Tres Rios Field Office, 29211
Highway 184, Dolores, CO 81323; telephone 970-882-1131; email:
[email protected].
For further information related to the Alpine Triangle RAMP and
Silverton TMP, please contact James Lovelace, Supervisory Outdoor
Recreation Planner, Bureau of Land Management, Gunnison Field Office,
210 W Spencer Ave., Gunnison, CO 81230; telephone 970-642-4953; 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
II. Background
III. Discussion
IV. Procedural Matters
V. Proposed Supplementary Rule
I. Public Comment Procedures
Written comments on the proposed supplementary rule should be
specific, confined to issues pertinent to the proposed supplementary
rule, and should explain the reason for any recommended change. Where
possible, comments should reference the specific section or paragraph
of the proposed supplementary rule. In developing the final
supplementary rule, the BLM is not obligated to consider or include in
the administrative record comments received after the close of the
comment period unless postmarked or electronically dated before the
deadline (see DATES) or comments delivered to an address or email other
than those identified in ADDRESSES.
Comments, including names, street addresses, and other contact
information of respondents, will be available for public review at the
TRFO and at the Gunnison Field Office (GFO) addresses (see ADDRESSES)
during regular business hours 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 us 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 2015, the TRFO approved an RMP to replace portions of the San
Juan/San Miguel RMP that are within the jurisdiction of the TRFO
(previously known as the San Juan Resource Area). The RMP and Record of
Decision provided direction on how the BLM would manage public lands in
Archuleta, La Plata, Montezuma, Dolores, San Miguel, Montrose,
Gunnison, San Juan, Ouray, and Hinsdale Counties, Colorado, except for
public lands within the Canyon of the Ancients National Monument, which
is managed under a separate RMP approved in 2010. The TRFO RMP includes
the Dolores River CMP and Alpine Triangle RAMP, which were approved in
1990 and 2010, respectively. During the public planning and EIS
processes for the TRFO RMP, the BLM identified the need to establish a
supplementary rule to provide for visitor health and safety and to
protect cultural, wildlife, and natural resources on public lands
managed by the BLM.
When the BLM adopted the TRFO RMP, the plan included BLM-managed
lands now under the jurisdiction of the GFO due to changes in the TRFO
and GFO boundaries. Neither the TRFO RMP nor the GFO RMP have been
updated to reflect these changes; thus the proposed supplementary rule
would also apply to BLM-managed lands now administered by the GFO in
parts of Hinsdale, San Juan, and Ouray Counties.
Over the past 10 years, the BLM has recorded increases in
visitation numbers and subsequent pressures in Special Recreation
Management Areas (SRMAs), critical winter wildlife habitat areas, and
to archaeological sites throughout the GFO and TRFO. To address the
increasing concerns, the BLM is renewing its efforts to adopt a
supplementary rule to implement the decisions in the five management
plans to protect visitor health and safety and prevent natural and
cultural resource degradation.
Several sections of the proposed rule would implement decisions
spanning all public lands managed by the BLM in the TRFO and GFO. Other
sections would apply only to specific types of BLM-managed lands, such
as SRMAs or critical winter wildlife habitat areas experiencing the
most intense visitation. The proposed rule would only address
[[Page 14607]]
land use limitations and restrictions previously proposed, analyzed,
and approved as part of the public planning processes for the TRFO RMP,
Dolores River CMP, TRFO TAP1, Alpine Triangle RAMP, Silverton TMP, and
associated Environmental Impact Statements (EIS) or Environmental
Assessments (EA). The BLM developed the five management plans with
extensive input from the public, Tribes, and elected officials through
scoping, opportunities for public comment, and resource advisory
committee meetings. The BLM took the following steps to involve the
public in developing the plans that are the basis for this proposed
supplementary rule:
1. The TRFO RMP, initially a joint multi-agency planning effort,
included extensive public participation in determining appropriate uses
in the planning area. Public comments and input received during all
planning stages resulted in the BLM fine-tuning its TRFO RMP. The TRFO
RMP applies only to public lands managed by the BLM.
2. Public participation for the Dolores River CMP was a coordinated
effort consisting of a task force of people representing diverse
interests, including local governments, private landowners, wildlife
and fishing enthusiasts, resource conservationists, and private and
commercial boaters. In addition, the BLM hosted several public meetings
in local communities surrounding the planning area to consider options
for managing the river canyon.
3. To develop the TRFO TAP1, the BLM met with various individuals,
organizations, and interest groups representing motorized, equestrian,
and mechanized users as well as conservation organizations. The BLM
also hosted open-house meetings to solicit initial public input.
4. Public participation was vital to developing the Alpine Triangle
RAMP. The BLM developed and implemented a public involvement strategy
to obtain input from a diverse group of stakeholders and set the stage
for community support.
5. The public involvement effort for the Silverton TMP included
opportunities for the public to provide feedback during scoping and
review of the EA and a BLM open house public meeting at Kendall
Mountain in Silverton, CO.
III. Discussion
This proposed supplementary rule would apply only to public lands
and facilities managed by the TRFO and the GFO.
The decisions in the five management plans this proposed
supplementary rule would implement are focused on protecting public
health and safety and preventing damage to natural and cultural
resources. The five management plans include decisions concerning
restrictions, prohibitions, and allowable uses to address identified
issues or achieve management goals and objectives. For these decisions
to be effectively implemented, enforcement is often needed, first to
ensure the management decisions are properly understood and followed
and second to provide for civil and criminal penalties should these
restrictions and prohibitions not be followed. Most public land users
will not notice meaningful changes as many of the sections of the
proposed supplementary rule have been long-held recommendations that
will now become regulations.
Proposed supplementary rule numbers 1 through 14 address travel
management within the TRFO and GFO for the Cortez, Dolores River,
Durango, and Silverton SRMAs; the Gypsum Valley, Ancestral Puebloan,
and Mesa Verde Escarpment Areas of Critical Environmental Concern
(ACECs); Spring Creek Wild Horse Herd Management Area (HMA); the Willow
Creek and Perins Peak Wildlife Management Areas; designated Wilderness
Study Areas (WSAs); and the Coyote Wash and Snaggletooth areas managed
to protect wilderness characteristics. The Silverton SRMA falls under
the GFO but is identified in the TRFO RMP.
The proposed supplementary rule would direct mechanized travel to
designated routes to better preserve the essential resources attracting
visitors to public lands, including scenic, cultural, and wildlife
habitat resources. Travel off designated routes would be allowed for
uses such as camping, picnicking, and firewood cutting as identified in
the TMPs.
WSAs are managed for primitive and unconfined recreation,
opportunities for solitude, naturalness, roadlessness, livestock
grazing, natural resources, and biodiversity. The Ancestral Puebloan
and Mesa Verde Escarpment ACECs are designated for the protection of
Ancestral Puebloan architectural sites. Non-motorized and mechanized
travel in the ACECs would be limited to designated roads, trails, and
areas to protect significant archeological resources.
The Perins Peak and Willow Creek Wildlife Management Areas are
essential areas to focus on protecting wildlife habitat and providing
security. Mechanized travel in these areas would detract from wildlife
management objectives. The BLM set aside the Perins Peak Wildlife
Management Area to protect wildlife habitat. Within the Willow Creek
Wildlife Management Area, mechanized restrictions would minimize winter
stress and impacts to Gunnison Sage-grouse from December 1 through
March 15 and during critical nesting and breeding seasons occurring
from March 1 through June 30.
Proposed supplementary rule number 15 would implement the TRFO RMP
decision requiring domestic animals, such as dogs, within the Cortez
SRMA, Durango SRMA, and Silverton SRMA to be controlled by leashes or
voice command. This rule would resolve potential user conflicts and
safety concerns due to the high number of social interactions among
different user groups and their pets. The rule would also reduce user
conflicts with livestock or wild game in these high-use recreation
areas. For example, within the Silverton SRMA, this rule is needed to
prevent negative interactions between recreationists and sheep herds,
including the dogs used to protect them.
Proposed supplementary rule numbers 16 through 18 would implement
decisions associated with visitor day use within the Cortez SRMA and
the Durango SRMA, as identified in the TRFO RMP. Within the Cortez
SRMA, the supplementary rule would implement the RMP's decision to
prohibit camping, specifically in the Phil's World Recreation
Management Zone (RMZ) and Mud Springs RMZ portions of the Cortez SRMA.
Residential trash dumping and ``party debris'' have been ongoing
problems at both sites. Unmanaged dispersed camping can cause impacts
to land and human health, leading to human waste concerns, especially
in areas of high trail density as well as within drainages. Phil's
World is a nationally and internationally recognized mountain biking
trail system with well-developed visitor expectations for high-value
mountain bike trail experiences in a predominately natural setting.
Developed or semi-developed camping sites within this unit would be out
of character for this setting. However, camping opportunities are
available in nearby public land parcels within the Cortez SRMA, which
provides a broad spectrum of recreational opportunities within the
area.
Within the Durango SRMA, the proposed rule would implement the
RMP's prohibition against visitors entering the Animas City Mountain,
Skyline, and Grandview RMZs of the Durango SRMA at night. The areas
affected by this rule are in the urban
[[Page 14608]]
interface with the city of Durango and are popular for hiking, biking,
and horseback riding. Dispersed camping has impacted land and human
health, especially in high-trail-use areas and drainages. The proximity
of these RMZs to the city of Durango, as well as an increase in
transient, unhoused people in the region, has resulted in non-
recreation-related dispersed camping impacts to this landscape.
The proposed rule would also implement the RMP's ban on campfires
in the Animas City Mountain, Skyline, and Grandview RMZs. Campfires
within the Animas City Mountain, Skyline, and Grandview RMZs of the
Durango SRMA create an increased risk of wildfire in an urban
environment (city of Durango), which results in damage to natural and
cultural resources and threats to public safety. In addition, campfire
rings, ashes, and associated garbage left behind at campfire sites have
a negative visual impact on the area. Finally, the presence of campfire
rings encourages repeated illegal camping.
Proposed supplementary rule numbers 19 through 22 would implement
camping and fire restrictions within the Alpine Triangle, as determined
in the TRFO RMP and the Alpine Triangle RAMP. This proposed rule is
needed to protect historic buildings and resources as well as the
historical value of the area's mining history. Visitors may not
intentionally harm historic sites when they camp; however, several
camping activities cause inadvertent damage. For example, campfires can
destroy or contaminate the historical record vital to our understanding
of historical resources. Also, accidental trampling from foot traffic
and camping shelters causes the movement of structures and site
features. The supplementary rule would implement the decision in the
Alpine Triangle RAMP to prohibit camping near sites included or
eligible for inclusion in the National Register of Historic Places. In
addition, campfires would be prohibited within 100 feet of historic
structures.
Proposed supplementary rule numbers 23 through 29 would implement
decisions addressing river management within the Dolores River corridor
in the TRFO RMP and Dolores River CMP. These decisions preserve the
primitive settings and wilderness characteristics within the river
corridor.
The TRFO RMP and Dolores River CMP limit group size to allow the
BLM to manage the area to meet resource and carrying capacity
guidelines. In addition, the proposed supplementary rule would
implement registration requirements at the boat launch sites allowing
the BLM to better understand visitor use trends to manage recreational
settings and experiences.
The provision implementing the RMP's requirement for river users to
use a portable toilet would reduce exposure to human waste, which is a
health risk to the public and BLM personnel. A human waste carry-out
system must accompany all trips on the river. This system needs to
contain washable, reusable, human waste containers. The waste carry-out
system must provide for secure containment and an adequate volume of
storage relative to group size and trip length. Plastic or metal waste
containers must be sturdy enough to withstand strong impact and have a
leak-proof lid even when inverted. The river canyon's confined nature
cannot accommodate indiscriminate digging of shallow pit toilets for
each overnight group traveling down the river. The day-use river users
are not required to have a human waste carry-out system.
The proposed rule would also implement the TRFO RMP and Dolores
CMP's decision to prohibit collecting dead or downed wood. McPhee Dam's
presence has dramatically reduced the supply of driftwood downstream of
the dam on the Dolores River and supplies are no longer replenished
yearly. Though the periodic death of green trees will augment the
canyons bottoms' natural wood reserve, increasing and sustained demand
by boaters and other campers would likely deplete this supply. Also,
driftwood piles along riverbanks provide unique habitats for species
such as weasels, mink, lizards, and ringtails.
The proposed supplementary rule would also require fire pans for
any campfires within the Dolores River corridor in the TRFO RMP and
Dolores River CMP. Packing out ashes is another tool for maintaining as
clean a river as possible.
Proposed supplementary rule numbers 30 through 33 would implement
the TRFO RMP's decisions to close areas within the Cortez SRMA, Durango
SRMA, and Perins Peak Wildlife Management Area to minimize big game
species' stress and impacts within an area identified as critical
winter habitat. This proposed rule would implement decisions to close
the areas to all entry from December 1-April 30 each year for the
protection of critical wildlife habitat. The closure may be lifted on
April 15 if conditions and wildlife needs warrant.
The supplementary rule would also implement the TRFO RMP's decision
to close Perins Peak Wildlife Management Area to all entry from March
15-July 31 each year to protect critical raptor habitat.
The authority for this proposed supplementary rule is set forth at
sections 303 and 310 of the Federal Land Policy and Management Act, 43
U.S.C. 1733 and 1740. The BLM is proposing this supplementary rule
under the authority of 43 Code of Federal Regulations (CFR) 8365.1-6,
which allows BLM State Directors to establish supplementary rules for
the protection of persons, property, and public lands and resources.
Procedural Matters
Regulatory Planning and Review (Executive Orders (E.O.) 12866, 14094
and 13563)
This proposed supplementary rule is not a significant regulatory
action and is not subject to review by the Office of Management and
Budget under E.O. 12866. This proposed supplementary rule would not
have an annual effect of $100 million or more on the economy. It is not
intended to affect commercial activity, but rather to impose rules of
conduct for public use on a limited area of public lands. It would not
adversely affect, in a material way, the economy, productivity,
competition, jobs, environment, public health or safety, State, local,
or Tribal governments, or communities. This proposed supplementary rule
would not create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency.
The 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 would it raise novel legal or
policy issues. It merely strives to protect public safety and the
environment.
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. This proposed supplementary rule
would have no effect on business entities of any size. This
supplementary rule would merely impose 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 that this
[[Page 14609]]
proposed supplementary rule would not have a significant economic
impact on a substantial number of small entities.
Congressional Review Act
This proposed supplementary rule does not constitute a ``major
rule'' as defined at 5 U.S.C. 804(2). This proposed supplementary rule
would merely establish rules of conduct for public use of a limited
area of public lands.
Unfunded Mandates Reform Act
This 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 this proposed supplementary
rule have a significant or unique effect on State, local or Tribal
governments or the private sector. This proposed supplementary rule
would merely impose reasonable restrictions on certain recreational
activities on certain public lands in Colorado 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.).
Governmental Actions and Interference With Constitutionally Protected
Property Rights--Takings (E.O. 12630)
This proposed supplementary rule is not a government action capable
of interfering with constitutionally protected property rights. This
proposed supplementary rule would not affect a taking of private
property rights in any form; and would not cause the impairment of
constitutionally protected property rights. A takings implication
assessment is not required. This proposed supplementary rule would
merely impose reasonable restrictions on certain recreational
activities on certain public lands in Colorado to protect natural
resources and the environment and human health and safety. Therefore,
the BLM has determined this proposed supplementary rule would not cause
a ``taking'' of private property or require further discussion of
takings implications under this E.O.
Federalism (E.O. 13132)
This proposed supplementary rule would not have a substantial
direct effect on the States, on the relationship between the Federal
Government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with E.O. 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 (E.O. 12988)
This proposed supplementary rule complies with the requirements of
E.O. 12988. More specifically, this proposed supplementary rule meets
the criteria of Section 3(a), which requires agencies to review all
regulations to eliminate errors and ambiguity and to write all
regulations to minimize litigation. This proposed supplementary rule
also meets the criteria of Section 3(b)(2), which requires agencies to
write all regulations in clear language with clear legal standards.
Consultation and Coordination With Indian Tribal Governments (E.O.
13175 and Departmental Policy)
In accordance with E.O. 13175, the BLM has determined 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. Since this
supplementary rule would not involve Indian reservation lands or
resources, the BLM has determined government-to-government
relationships remain unaffected. This proposed supplementary rule would
merely establish rules of conduct for public use of a limited area of
public lands.
Paperwork Reduction Act (44 U.S.C. 3501 et seq.)
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 allow the BLM to implement
and enforce key decisions in the TRFO RMP, the Dolores River CMP, the
TRFO TAP1, the Alpine Triangle RAMP, and the Silverton TMP within TRFO
and GFO. This proposed supplementary rule would not change the NEPA
analysis or decisions set forth in each of the plans. During the
National Environmental Policy Act (NEPA) review for each of these
planning efforts, the BLM fully analyzed the effects of this proposed
supplementary rule in their respective NEPA documents:
TRFO RMP EIS (DOI-BLM-CO-S010-2011-0067-EIS)
Dolores River CMP EA (DOI-BLM-CO-030-SJ-90-46)
TRFO TAP1 EA (DOI-BLM-CO-S010-2018-0013)
Alpine Triangle RAMP EA (DOI-BLM-CO-160-2008-023-EA)
Silverton TMP EA (DOI-BLM-CO-F070-2019-0008-EA)
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 NEPA analysis
and relevant decision document for each of the aforementioned plans,
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/96401/510.
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).
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (E.O. 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 have no
connection with energy policy.
Facilitation of Cooperative Conservation (E.O. 13352)
In accordance with E.O. 13352, the BLM has determined this 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 programs, projects and activities are
consistent with protecting public health and safety.
Clarity of the Supplementary Rule
E.O.s 12866, 12988, and 13563 require each agency to write
regulations that are simple and easy to understand. The BLM invites
your comments on how to make this proposed supplementary rule
[[Page 14610]]
easier to understand, including answers to questions such as the
following:
1. Are the requirements in the proposed supplementary rule clearly
stated?
2. Does the proposed supplementary rule contain technical language
or jargon that interferes with its clarity?
3. Does the format of the proposed supplementary rule (grouping and
order of sections, use of headings, paragraphing, etc.) aid or reduce
clarity?
4. Is the description of the proposed 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 proposed supplementary rule easier to
understand?
Please send any comments you have on the clarity of the rule to the
address specified in the ADDRESSES section.
Author
The principal author of this proposed supplementary rule is Tyler
Fouss, Field Staff Ranger, Bureau of Land Management, Tres Rios Field
Office, Colorado.
V. Proposed Supplementary Rule
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 Colorado State Director proposes this Supplementary Rule for
public lands managed by the BLM in the Tres Rios Field Office and the
Gunnison Field Office, to read as follows:
Proposed Supplementary Rule for the Tres Rios Field Office and Gunnison
Field Office
Definitions
Ancestral Puebloan Area of Critical Environmental Concern (ACEC)
means the area designated as the ACEC with the same name in the TRFO
RMP.
Area of Critical Environmental Concern (ACEC) means areas within
the public lands where special management attention is required (when
such areas are developed or used or where no development is required)
to protect and prevent irreparable damage to important historic,
cultural, or scenic values, fish and wildlife resources or other
natural systems or processes, or to protect life and safety from
natural hazards.
Campfire has the same meaning as it does at 43 CFR 8360.0-5(b).
Camping means 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.
Cortez Special Recreation Management Area (SRMA) means the area
designated as the SRMA with the same name in the TRFO RMP.
Designated travel routes means roads and trails open to specified
modes of travel and identified on a map of designated roads and trails
available for public inspection at the BLM Tres Rios Field Office,
Colorado. Designated roads and trails are open to public OHV use in
accordance with such limits and restrictions as are, or may be,
specified in the RMP or a Travel Management Plan (TMP), or in future
decisions implementing the RMP. This definition excludes any road or
trail with BLM-authorized restrictions preventing use of the road or
trail. Restrictions may include, but are not limited to, signs or
physical barriers such as gates, fences, posts, branches, or rocks.
Dolores River SRMA means the area designated as the SRMA with the
same name in the TRFO RMP.
Durango SRMA means the area designated as the SRMA with the same
name in the TRFO RMP.
Fire pan means a metal container capable of containing a campfire
for purposes of containing all ash and protecting the underlying soils
from scorching.
Gypsum Valley ACEC means the area designated as the ACEC with the
same name in the TRFO RMP.
Herd Management Area (HMA) means those lands under the supervision
of the Bureau of Land Management managed for the maintenance of wild
horse and burro herds.
Historic site means any prehistoric or historic district, site,
building, structure, or object included in, or eligible for inclusion
in, the National Register of Historic Places. The term includes
properties of traditional religious and cultural importance to an
Indian tribe or Native Hawaiian organization and that meet the National
Register criteria. The term ``eligible for inclusion in the National
Register of Historic Places'' includes both properties formally
determined as such by the Secretary of the Interior and all other
properties that meet National Register of Historic Places listing
criteria.
Lands managed to protect wilderness characteristics means those
lands that have been:
(1) Inventoried and determined by the BLM to contain wilderness
characteristics as defined in section 2 (c) of the Wilderness Act; and
(2) Identified to protect those characteristics through a land use
planning process and subsequent Record of Decision.
Mechanized vehicle means any device propelled solely by human
power, upon which a person, or persons, may ride on land, having any
wheels, with the exception of a wheelchair.
Mesa Verde Escarpment ACEC means the area designated as the ACEC
with the same name in the TRFO RMP.
Motorized vehicle means any vehicle propelled by a motor or engine,
capable of, or designed for, travel on or immediately over land, water,
or other natural terrain, such as a car, truck, off-highway vehicle,
motorcycle, or snowmobile.
Off-highway vehicle has the same meaning as it does at 43 CFR
8340.0-5(a).
Perins Peak Wildlife Management Area means the area designated as
the Wildlife Management Area with the same name in the TRFO RMP that is
managed by the BLM for critical big game winter wildlife habitat and
critical raptor habitat.
Portable toilet means a washable, leak-proof, reusable toilet
system that allows for the carry-out and disposal of solid human body
waste in a responsible and lawful manner; the system must be adequate
for the size of the group and length of the trip. If a Wag Bag system
is used it must be in a hard-sided, clamped or screw top container--not
a dry bag.
Public lands has the same meaning as it does at 43 U.S.C. 1702(e).
Redcloud Peak ACEC means the area designated as the ACEC with the
same name in the Alpine Triangle RAMP, managed by the Gunnison Field
Office.
Resource Damage means damage to or disturbance of the soil,
wildlife, wildlife habitat, improvements, cultural, or vegetative
resources.
Silverton SRMA means the area designated as the SRMA with the same
name in the TRFO RMP, and managed by the Gunnison Field Office.
Special Recreation Management Area (SRMA) means an administrative
unit where the existing or proposed recreation opportunities and
recreation setting characteristics are recognized for their unique
value, importance and/or distinctiveness, especially as compared to
other areas used for recreation.
Spring Creek Wild Horse HMA means the area designated as the HMA
with the same name in the TRFO RMP.
[[Page 14611]]
Wilderness Study Area (WSA) means an area that has been identified
as a Wilderness Study Area in the either the Gunnison or TRFO RMPs.
Willow Creek Wildlife Management Area means the area designated as
the Wildlife Management Area with the same name in the TRFO RMP.
Prohibited Acts
Unless otherwise authorized, the following acts are prohibited on
all public lands, roads, trails, and waterways administered by the BLM
within the areas defined:
Within the Cortez SRMA, the Dolores River SRMA, the Durango SRMA,
the Ancestral Puebloan ACEC, the Gypsum Valley ACEC, the Mesa Verde
Escarpment ACEC, the Perins Peak and Willow Creek Wildlife Management
Areas, the Spring Creek Wild Horse HMA, as identified in the TRFO RMP:
1. You must not operate or possess a mechanized vehicle on any
route, trail, or area not designated as open to such use, unless you
are using a mechanized game cart to retrieve a large game animal with a
valid carcass tag. Game carts are not allowed within the Perins Peak
Wildlife Management Area.
2. You must not use vehicles designed for traveling over snow
unless there is adequate snow cover to protect the underlying
vegetation and soils from the impact of that use. This use is
prohibited in designated Wilderness, WSAs, or lands with wilderness
characteristics that are managed to protect wilderness characteristics,
in areas designated by Colorado Parks and Wildlife as critical big game
winter relief and winter concentration areas, or areas designated by
Colorado Parks and Wildlife as occupied Gunnison sage-grouse habitat.
3. You must not possess a motorized vehicle beginning 2.4 miles
north of the San Miguel/Dolores County line on the section of Road 14F
vacated by San Miguel County (road vacated 2.4 miles north of the San
Miguel/Dolores County line for a distance of 2.4 miles) from February 1
through May 1 each year to protect Desert Bighorn Sheep lambing, within
the Dolores River SRMA.
4. You must not operate a mechanized vehicle within the Willow
Creek Wildlife Management Area from December 1 through June 30 each
year for the protection of Gunnison Sage-grouse habitat.
5. You must not operate a mechanized vehicle within the Perins Peak
Wildlife Management Area.
6. You must not hike, ride or be in possession of horses or other
pack animals on any route, trail, or area not designated as open to
such use within the Ancestral Puebloan ACEC and Mesa Verde Escarpment
ACEC. Hiking and horseback riding is allowed both on and off designated
travel routes throughout the remainder of the area managed by the Tres
Rios Field Office.
Within designated WSAs and the Coyote Wash and Snaggletooth lands
with wilderness characteristics, as identified in the TRFO RMP:
7. You must not operate or possess a mechanized vehicle.
Within Archuleta County, La Plata County, and Montezuma County, as
identified in the TRFO TAP-1:
8. You must not possess a mechanized vehicle on any route, trail,
or area not designated as open to such use, unless you are using a
mechanized game cart to retrieve a large game animal with a valid
carcass tag. Game carts are not allowed within the Perins Peak Wildlife
Management Area.
9. You must not park or use a motorized or mechanized vehicle more
than 100 feet from the edge of a designated travel route (e.g., for
such uses as camping, picnicking, or firewood cutting) as identified in
the Travel Management Plan and travel management maps and firewood
cutting map.
10. You must not park a motorized vehicle more than 20 feet from
the edge of a designated travel route or in a manner that causes
resource damage in the Chutes and Ladders portion of the Cortez SRMA or
the Mahan area within La Plata County.
11. You must not use vehicles designed for traveling over snow
unless there is adequate snow cover to protect the underlying
vegetation and soils from the impact of that use. This use is
prohibited in designated Wilderness, WSAs, or other lands managed to
protect wilderness characteristics, in areas designated by Colorado
Parks and Wildlife as critical big game winter relief and winter
concentration areas, or in areas designated by Colorado Parks and
Wildlife as occupied Gunnison sage-grouse habitat.
Within the Silverton SRMA as identified in the TRFO RMP and the
Silverton TMP administered by the GFO:
12. You must not operate or possess a mechanized vehicle on any
route, trail, or area not designated as open to such use unless you are
using a mechanized game cart to retrieve a large game animal with a
valid carcass tag outside of designated WSAs, or congressionally
designated Wilderness Areas.
13. You must not park a motorized vehicle more than 30 feet from
the edge of a designated travel route or in a manner that causes
resource damage.
14. You must not use vehicles designed for traveling over snow
unless there is adequate snow cover to protect the underlying
vegetation and soils from the impact of that use. This use is
prohibited in designated WSAs, congressionally designated Wilderness
areas, and other lands managed to protect wilderness characteristics.
This use is also prohibited in areas designated by Colorado Parks and
Wildlife as critical big game winter relief and winter concentration
areas or areas designated by Colorado Parks and Wildlife as occupied
Gunnison sage-grouse habitat.
Within the Cortez SRMA, Durango SRMA and Silverton SRMA, as
identified in the TRFO RMP:
15. Domestic animals must be on a leash or under voice command.
Within the Cortez SRMA and the Durango SRMA as identified in the
TRFO RMP:
16. You must not enter or use the area within the Phil's World
Recreation Management Zone (RMZ) and Mud Springs RMZ portion of the
Cortez SRMA \1/2\ hour after sunset to \1/2\ hour before sunrise
unless:
a. You are using the non-motorized trails within the Phil's World
Area; or
b. You are a licensed hunter and acting in accordance with all
rules and regulations as defined by Colorado Parks and Wildlife.
17. You must not enter or use the area \1/2\ hour after sunset to
\1/2\ hour before sunrise within the Animas City Mountain, Skyline and
Grandview Recreation Management Zones of the Durango SRMA, except if
you are a licensed hunter and acting in accordance with all rules and
regulations as defined by Colorado Parks and Wildlife.
18. You must not build, ignite, maintain, or attend to a fire or
campfire within the Animas City Mountain, Skyline and Grandview
Recreation Management Zones of the Durango SRMA.
Within the Alpine Triangle as identified in the TRFO RMP and the
Alpine Triangle RAMP for the GFO
19. You must not camp within 300 feet of the Animas Forks district
boundary and the Gold Prince Mill National Register Districts.
20. You must not camp within 150 feet of a historic structure.
21. You must not ignite or maintain a campfire within 150 feet of a
historic structure.
22. You must not ignite or maintain a campfire above 12,000 feet
within the Redcloud Peak ACEC.
[[Page 14612]]
Within the Dolores River SRMA as identified in the TRFO RMP and the
Dolores River CMP:
23. You must not use motorized watercraft from Bradfield Bridge to
Bedrock.
24. You must register at a developed BLM river launch point prior
to watercraft use from Bradfield Bridge to Bedrock.
25. You must not exceed posted group-size limits.
26. During overnight river trips, you must dispose human waste into
a portable toilet.
27. You must not gather dead or down wood.
28. You must not have a campfire or charcoal fire without the use
of a fire pan.
29. You must pack out all ashes associated with a campfire or
charcoal fire.
Within the Cortez SRMA, Durango SRMA and Perins Peak Wildlife
Management Area as identified in the TRFO RMP:
30. You must not enter the Chutes-n-Ladders, Summit, and Aqueduct
areas of the Montezuma Triangle Recreation Management Zone within the
Cortez SRMA from December 1 through April 30 each year for the
protection of critical winter wildlife habitat. Travel on county roads
through the areas is allowed.
31. You must not enter identified closure areas in the Animas City
Mountain and Grandview Ridge Recreation Management Zones of the Durango
SRMA from December 1 through April 30 each year for the protection of
critical winter wildlife habitat. This closure may be opened April 15
if conditions and wildlife needs warrant.
32. You must not enter identified closure areas in the Perins Peak
Wildlife Management Area from December 1 through April 30 each year for
the protection of critical winter wildlife habitat. This closure may be
opened April 15 if conditions and wildlife needs warrant.
33. You must not enter identified closure areas in the Perins Peak
Wildlife Management Area from March 15 through July 31 each year for
the protection of critical raptor habitat.
Exemptions
The following persons are exempt from this supplementary rule: Any
Federal, State, local, and/or military employees acting within the
scope of their official duties; members of any organized rescue or fire
fighting force performing an official duty; and persons who are
expressly authorized or approved by the BLM.
Enforcement
Any person who violates any part of this 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
or local law.
(Authority: 43 U.S.C. 1733(a), 1740; 43 CFR 8365.1-6)
Douglas J. Vilsack,
BLM Colorado State Director.
[FR Doc. 2024-03732 Filed 2-27-24; 8:45 am]
BILLING CODE 4331-16-P
