[Federal Register: September 2, 2005 (Volume 70, Number 170)]
[Notices]
[Page 52438-52440]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02se05-97]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[CO-200-1220-DU]
Final Supplementary Rules Regarding Operation of Motorized
Vehicles and Bicycles and Closure of Public Lands to Recreational
Target Shooting
AGENCY: Bureau of Land Management; Royal Gorge Field Office, Interior.
ACTION: Notice of final supplementary rules for public lands within El
Paso, Fremont, Park and Teller Counties, Colorado.
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SUMMARY: The Bureau of Land Management (BLM)'s Royal Gorge Field Office
is implementing supplementary rules. These supplementary rules
implement three decisions from the Gold Belt Travel Management Plan,
approved August 18, 2004. The rules apply to the public lands within
the Gold Belt Travel Management Plan area under the management of the
Royal Gorge Field Office, in El Paso, Fremont, Park, and Teller
Counties, Colorado. The rules are needed in order to protect the area's
natural resources and provide for public health and safety.
DATES: The rules are effective October 3, 2005.
ADDRESSES: You may send inquiries or suggestions to the Bureau of Land
Management, Royal Gorge Field Office, 3170 East Main Street, Canon
City, Colorado 81212.
FOR FURTHER INFORMATION CONTACT: Roy L. Masinton, Field Manager, or
Leah Quesenberry, Outdoor Recreation Planner, Royal Gorge Field Office,
3170 East Main Street, Canon City, Colorado 81212, telephone 719-269-
8500. Individuals who use a telecommunications device for the deaf
(TDD) may contact them individually through the Federal Information
Relay Service at 1-800/877-8339, 24 hours a day, seven days a week.
I. Background
II. Discussion of the Supplementary Rules
III. Procedural Matters
I. Background
A ``Notice of Intent To Prepare the Gold Belt Travel Management
Plan (TMP) and Amend the Royal Gorge Resource Management Plan'' was
announced in the Federal Register on June 18, 2002 (67 FR 41442). The
completion of the Gold Belt Travel Management Plan Environmental
Assessment led to a 30-day public comment period, starting on January
15, 2004. Following analysis of the public comments, a decision on the
Gold Belt TMP was issued on August 18, 2004. The decision restricts
Off-Highway Vehicle use to designated roads and trails in the TMP area
and provides for the supplementary rules.
II. Discussion of Supplementary Rules
These supplementary rules apply to the public lands within the Gold
Belt Travel Management Plan area. This area consists of 138,600 acres
of public lands within El Paso, Fremont, Park, and Teller Counties,
Colorado, in the following described townships:
Colorado, Sixth Principal Meridian
T. 15 S., R. 70 W. through 72 W.
T. 16 S., R. 68 W. through 72 W.
T. 17 S., R. 68 W. through 72 W.
T. 18 S., R. 68 W. through 71 W.
These supplementary rules implement three decisions from the Gold
Belt Travel Management Plan, approved August 18, 2004. They include:
(1) A supplementary rule limiting motorized travel for parking,
camping, and retrieving game to a maximum of 100 feet from designated
roads and trails in the Gold Belt Travel Management Plan area (138,600
acres of public lands).
(2) A supplementary rule restricting mountain bikes to designated
roads and trails in the Gold Belt Travel Management Plan area (138,600
acres of public lands).
(3) The closure of approximately 13,200 acres of public lands to
recreational target shooting in the following areas: Garden Park Fossil
Area (3,000 acres), the Shelf Road campgrounds and climbing area (2,900
acres), a one-quarter mile wide corridor along Phantom Canyon Road
(4,200 acres), and Penrose Commons (3,100 acres). Licensed hunters in
legitimate pursuit of game during the proper season with appropriate
firearms, as defined by the Colorado Division of Wildlife, are exempt
from this closure.
BLM has determined that these rules are necessary to prevent damage
to public lands and natural resources, reduce user conflicts, protect
public safety, and reduce vandalism to public and private property.
The proposed supplementary rules were published in the Federal
Register
[[Page 52439]]
on March 8, 2005 (70 FR 11264). We received no comments on the proposed
supplementary rules, and therefore publish them unchanged as final
supplementary rules. The supplementary rules were also inadvertently
published in the Federal Register on April 20, 2005 (70 FR 20591). The
supplementary rules are being published and implemented under the
authority of 43 CFR 8341.1, 8364.1, and 8365.1-6. This notice, with
detailed maps, will be posted at the Royal Gorge Field Office.
III. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
These supplementary rules are not a significant regulatory action
and are not subject to review by Office of Management and Budget under
Executive Order 12866. These supplementary rules will not have an
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. These supplementary rules do not alter the
budgetary effects of entitlements, grants, user fees, or loan programs
or the rights or obligations of their recipients; nor do they raise
novel legal or policy issues. They merely impose limitations on certain
recreational activities on certain public lands to protect natural
resources and human health and safety.
National Environmental Policy Act
BLM prepared an environmental assessment (EA) in support of the
Gold Belt Travel Management Plan and found that the supplementary rules
implementing the plan decisions would not constitute a major Federal
action significantly affecting the quality of the human environment
under section 102(2)(C) of the National Environmental Policy Act of
1969 (NEPA), 42 U.S.C. 4332(2)(C). A detailed statement under NEPA is
not required. BLM has placed the EA, Finding of No Significant Impact
(FONSI), and Decision Record on file in the BLM Administrative Record
at the address specified in the ADDRESSES section.
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. These supplementary rules should
have no effect on business entities of whatever size. They merely would
impose reasonable restrictions on certain recreational activities on
certain public lands to protect natural resources and the environment,
and human health and safety. Therefore, BLM has determined under the
RFA that these rules 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 a ``major rule'' as defined at 5
U.S.C. 804(2). They would not result in an effect on the economy of
$100 million or more, in an increase in costs or prices, or in
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. They 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.
Unfunded Mandates Reform Act
These supplementary rules do not impose an unfunded mandate on
state, local, or tribal governments or the private sector of more than
$100 million per year; nor do these supplementary rules have a
significant or unique effect on state, local, or tribal governments or
the private sector. They 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, 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)
The supplementary rules do not represent a government action
capable of interfering with constitutionally protected property rights.
The reasonable restrictions that would be imposed by these
supplementary rules would not deprive anyone of property or interfere
with anyone's property rights. Therefore, the Department of the
Interior has determined that these supplementary rules would not cause
a taking of private property or require further discussion of takings
implications under this Executive Order.
Executive Order 13132, Federalism
The 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. Government vehicles are expressly
excluded from the effect of the vehicle restrictions. The shooting
restrictions in these supplementary rules do not apply to hunting with
a state hunting license. 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 supplementary rules would not unduly burden the
judicial system and that they meet the requirements of sections 3(a)
and 3(b) (2) of the Order.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have found that these
supplementary rules do not include policies that have tribal
implications. Formal consultation with 16 tribes was completed for the
Gold Belt Travel Management Plan.
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
In accordance with Executive Order 13211, BLM has determined that
the supplementary rules will not have substantial direct effects on
energy supply, distribution or use, including any shortfall in supply
or price increase. The restrictions on vehicle use should have no
substantial effect on fuel consumption, and no other provision in the
supplementary rules has any relationship to energy supply,
distribution, or use.
[[Page 52440]]
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.
Author
The principal author of these supplementary rules is Leah
Quesenberry, Outdoor Recreation Planner, Royal Gorge Field Office,
Bureau of Land Management.
Supplementary Rules for the Gold Belt Travel Management Plan Area
Under 43 CFR 8341.1, 8364.1, and 8365.1-6, the Bureau of Land
Management will enforce the following rules on the public lands within
the Gold Belt Travel Management Plan area, Royal Gorge Field Office,
Colorado. You must follow these rules:
Rules
1. In the Gold Belt Travel Management Plan area (138,600 acres of
public land)--
a. You must not park a motorized vehicle farther than 100 feet from
a designated road or trail;
b. You must not use a motorized vehicle for camping more than 100
feet from a designated road or trail;
c. You must not use a motorized vehicle for retrieving game more
than 100 feet from a designated road and trail.
2. You must not ride mountain bikes other than on designated roads
and trails on public lands in the Gold Belt Travel Management Plan
area.
3. You must not engage in recreational target shooting on public
lands in the following areas: Garden Park Fossil Area (3,000 acres),
the Shelf Road campgrounds and climbing area (2,900 acres), a one-
quarter mile wide corridor along Phantom Canyon Road (4,200 acres), and
Penrose Commons (3,100 acres).
Exceptions
These supplementary rules do not apply to emergency, law
enforcement, and Federal or other government vehicles while being used
for official or other emergency purposes, or to any other vehicle use
that is expressly authorized or otherwise officially approved by BLM.
The prohibition of target shooting in rule 3 has no effect on hunting
by licensed hunters in legitimate pursuit of game during the proper
season with appropriate firearms, as defined by the Colorado Division
of Wildlife.
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 if you violate any of
these supplementary rules on public lands within the boundaries
established in the rules, you may be tried before a United States
Magistrate and fined no more than $1,000 or 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.
Ron Wenker,
State Director, Colorado State Office.
[FR Doc. 05-17503 Filed 9-1-05; 8:45 am]
BILLING CODE 4310-JB-P