[Federal Register: November 26, 2004 (Volume 69, Number 227)]
[Notices]
[Page 68975-68978]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26no04-108]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[CO-150-1220-PA ]
Notice of Proposed Supplementary Rules for Public Lands in
Colorado: Escalante Canyon Area of Critical Environmental Concern
(ACEC), Escalante Potholes Recreation Area, and Escalante Bridge Boat
Launch Site
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of proposed supplementary rules.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management's (BLM) Uncompahgre
[[Page 68976]]
Field Office is proposing supplementary rules to regulate conduct on
specific public lands within Escalante Canyon in Montrose and Delta
Counties. The rules apply to the following Escalante Canyon recreation
sites: Escalante Bridge boat launch site, Escalante Canyon Area of
Critical Environmental Concern (ACEC), and the Potholes Recreation
Area. BLM has determined these rules necessary to protect the area's
natural resources, provide for public health and safe public recreation
and reduce the potential for damage to sensitive resources including
unique riparian areas and threatened and rare plant species and
habitat.
DATES: Please mail comments to the following address by December 27,
2004.
ADDRESSES: Please mail comments to Barbara Sharrow, 2505 South Townsend
Avenue, Montrose, Colorado 81401.
FOR FURTHER INFORMATION CONTACT: Barbara Sharrow, Uncompahgre Field
Office Manager, 2505 S. Townsend Avenue, Montrose, CO 81401, (970) 240-
5315, or by e-mail: Barbara_sharrow@co.blm.gov.
SUPPLEMENTARY INFORMATION: The identified public lands are in Montrose
and Delta Counties, Colorado, under the management jurisdiction of the
Bureau of Land Management. The Escalante Bridge boat launch site is
located within sec. B, T. 15 S., R. 97 W., 6th Principal Meridian. The
Escalante Canyon ACEC is located within secs. 20-22 and 28-30, T. 51
N., R. 13 W., and secs. 25 and 36, T. 51, R. 14 W., New Mexico
Principal Meridian. The Potholes Recreation Area is located within the
ACEC at NE\1/4\ SW\1/4\ Sec. 21, T. 51 N., R. 13 W.
The 1,895 acre Escalante ACEC was designated in the 1989
Uncompahgre Basin Resource Management Plan (RMP) to provide protection
from surface disturbing activities for several listed plant species
including the Unita hookless cactus (threatened) Grand Junction
milkvetch (candidate), Delta lomatium (sensitive), and three unique
plant associations. The State of Colorado, Natural Areas Program, also
designated the area as a Colorado State Natural Area in 1992 based on
threatened and rare plants, unique plant communities and significant
geologic interest. The Escalante Bridge boat ramp site is extremely
limited in size due to natural topography, private land, and a railroad
crossing and right-of-way. Overnight camping by boating groups at the
small site is a safety hazard and inconvenience for other users trying
to launch boats at the site. The Escalante Potholes Recreation site
receives significant recreational use due to its scenic qualities and
the presence of eroded potholes in Escalante Creek which are used for
swimming. The practice of visitors diving and jumping from heights of
30-100 feet off surrounding cliffs into the holes has resulted in
numerous accidents and at least 5 deaths over the last 12 years. In
addition to jumping, visitors also cause significant resource damage to
the area by cutting trees for bonfires; shooting or throwing glass
bottles around the swimming and camping areas; leaving trash; and
improperly disposing of human waste. Underage drinking and drug-related
activity, particularly associated with overnight camping and bonfire
parties, is increasing and adding to visitor safety concerns and BLM
compliance problems. Complaints regarding the amount of public nudity
at the site are increasing as are conflicts between various user
groups. The BLM is currently installing recreation facilities at the
Potholes to address sanitation problems, resource impacts, and restrict
visitor use and parking to certain areas to increase safety and protect
sensitive sites. Additional visitor use restrictions are needed to
address the problems associated with unsafe jumping and diving, target
shooting, broken glass safety concerns, damage to trees and sensitive
plant communities from fire wood collecting, improper off-highway
vehicle use, and unrestricted overnight camping.
I. Discussion of the Proposed Supplementary Rule
These supplementary rules are needed to address significant public
safety concerns and resource protection issues resulting from increased
public use and unsafe user conduct at popular recreation sites within
Escalante Canyon and the Escalante Canyon ACEC. The rules would apply
to the public lands located at the Escalante boat launch site.
Escalante Canyon ACEC, and the Potholes Recreation Area at the legal
descriptions provided above.
II. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
These supplementary rules are not significant regulatory actions
and not subject to review by the Office of Management and Budget under
Executive Order 12866. These 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
will 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, or loan programs or the rights or obligations of their
recipients; nor does it raise novel legal or policy issues. These
supplementary rules would establish rules of conduct for public use of
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. We invite your 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 you have on the clarity of the rule to the
address specified in the ADDRESSES section.
National Environmental Policy Act
These supplementary rules do not constitute a major Federal action
significantly affecting the quality of the human environment. The rules
would merely establish rules of conduct for public use of a limited
area of public lands to protect public health and safety and improve
the protection of the resources. Although some uses, such as target
shooting, will be prohibited at all sites, all of the areas would still
be open to other recreation uses. A detailed statement under the
National Environmental Policy Act of 1969 is not required.
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act 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
[[Page 68977]]
would have a significant economic impact, either detrimental or
beneficial, on a substantial number of small entities. These
supplementary rules would merely establish rules of conduct for public
use of a limited area of public lands. Therefore, BLM has determined
under the RFA that this supplementary rule would not have a significant
economic impact on a substantial number of small entities.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
These supplementary rules are not ``major'' as defined under 5
U.S.C. 804(2). The supplementary rules would merely establish rules of
conduct for public use of a limited area of public lands and do not
affect commercial or business activities of any kind.
Unfunded Mandates Reform Act
These supplementary rules do 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 rules have no
effect on governmental or tribal entities and would impose no
requirements on any of these entities. The supplementary rules would
merely establish rules of conduct for public use of a limited selection
of public lands and do not affect tribal, commercial, or business
activities of any kind. Therefore, 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 supplementary rules do not have significant takings
implications, nor are they capable of interfering with
Constitutionally-protected property rights. The supplementary rules
would merely establish rules of conduct for public use of a limited
area of public lands and do not affect anyone's property rights.
Therefore, the Department of the Interior has determined that these
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 supplementary rules will 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. These supplementary rules do not come
into conflict with any state law or regulation. Therefore, in
accordance with Executive Order 13132, BLM has determined that 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 that these 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 Indian Tribal
Governments
In accordance with Executive Order 13175, we have found that these
supplementary rules do not include policies that have tribal
implications. None of the lands included in these rules are Indian
lands or affect Indian rights.
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. Any
information collection requirements contained in these rules are exempt
from the provisions of the Paperwork Reduction Act of 1995, 44 U.S.C.
3518(c)(1). 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.
Authors
The principal author of these supplementary rules is Gunnison Gorge
NCA Manager Karen Tucker.
Supplementary Rules
Under 43 CFR 8365.1-6, the Bureau of Land Management will enforce
the following supplementary rules on public lands in the areas
specified below.
Escalante Canyon ACEC:
(a) No camping outside designated and signed campsites.
(b) No target shooting or shooting of paintball weapons.
(c) No cutting of live or dead trees.
(d) No person shall use (or possess to use) as firewood any
materials containing nails, screws or other metal hardware to include,
but not limited to, wood pallets and/or construction debris.
(e) All campers, picnickers, and all other persons using public
lands shall keep their sites free of trash, litter, and debris during
the period of occupancy and shall remove all personal equipment and
clean their sites upon departure.
Escalante Potholes: The Escalante Potholes Recreation Site is
designated as a day use only area with the following supplemental rules
that all visitors must follow:
(a) No diving and/or jumping from rocks, shore, or any other means
into the water.
(b) No discharge of firearms of any kind, including those used for
target shooting or paintball weapons.
(c) No glass containers for beverages, food, or other items.
(d) No public nudity.
(e) No overnight camping.
(f) No cutting of live or dead trees.
(g) No wood collecting.
(h) No wood fires or bonfires.
(i) No person shall use (or possess to use) as firewood any
materials containing nails, screws or other metal hardware to include,
but not limited to, wood pallets and/or construction debris.
(j) All picnickers, and all other persons using public lands shall
keep their sites free of trash, litter, and debris during the period of
occupancy and shall remove all personal equipment and clean their sites
upon departure.
Escalante Bridge Boat Launch Site: The Escalante Bridge Boat Launch
Site is designated as a day use only area with the following
supplemental rules that all visitors must follow:
(a) No overnight camping.
(b) No cutting of live or dead trees.
(c) No wood collecting.
(d) No wood fires or bonfires.
(e) No discharge of firearms of any kind, including those used for
target shooting or paintball weapons.
(f) No person shall use (or possess to use) as firewood any
materials containing nails, screws or other metal hardware to include,
but not limited to, wood pallets and/or construction debris.
(g) All campers, picnickers, and all other persons using public
lands shall keep their sites free of trash, litter, and debris during
the period of occupancy and shall remove all personal equipment and
clean their sites upon departure.
Penalties
Under section 303(a) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1733(a)) and the Sentencing Reform Act of 1984, as
amended, 18 U.S.C. 3551, or 3571, if you violate these supplementary
rules on public lands within the boundaries
[[Page 68978]]
established in the rule, you may be tried before a United States
Magistrate and fined up to $100,000 or imprisoned for no more than 12
months, or both.
Dated: August 4, 2004.
Anna Marie Felder,
Acting Colorado State Director.
[FR Doc. 04-26090 Filed 11-24-04; 8:45 am]