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Notice of Proposed Supplementary Rules for Public Lands in Colorado: McInnis Canyons National Conservation Area

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[Federal Register: July 13, 2009 (Volume 74, Number 132)]
[Notices]
[Page 33466-33468]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jy09-99]

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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCON04000-L12200000-PA0000]

Notice of Proposed Supplementary Rules for Public Lands in
Colorado: McInnis Canyons National Conservation Area

AGENCY: Bureau of Land Management, Department of the Interior.
ACTION: Proposed supplementary rules.

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SUMMARY: The Bureau of Land Management's (BLM) Grand Junction Field
Office is proposing supplementary rules to regulate conduct on public
lands within the McInnis Canyons National Conservation Area (MCNCA).
These supplementary rules are needed to implement decisions found in
the McInnis Canyons National Conservation Area Resource Management Plan
to protect public health, safety, lands and resources.

DATES: Comments on the proposed supplementary rules must be received or
postmarked by September 11, 2009 to be assured consideration. The BLM
is not obligated to consider comments postmarked or received after this date.

ADDRESSES: Please mail comments to Katie Stevens, McInnis Canyons
National Conservation Area, 2815 H Road, Grand Junction, Colorado
81506; or e-mail comments to gjfo_webmail@blm.gov, Attn: ``McInnis
Canyons.''

FOR FURTHER INFORMATION CONTACT: Katie Stevens, McInnis Canyons
National Conservation Area, (970) 244-3049, e-mail: Katie_A_
Stevens@blm.gov or Eric Boik, BLM Field Staff Law Enforcement Ranger,
(970) 244-3070, e-mail: Eric_Boik@blm.gov

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

    Written comments on the proposed supplementary rules should be
specific, be confined to issues pertinent to the proposed supplementary
rules, and explain the reason for any recommended change. Where
possible, comments should reference the specific section or paragraph
of the proposal which the comment is addressing. The BLM is not
obligated to consider or include in the Administrative Record for the
final supplementary rules comments either postmarked or electronically
dated after the deadline or delivered to an address other than the
address listed above (See ADDRESSES).
    Comments (including names, street addresses, and other contact
information of respondents) will be available for public review at 2815
H Road, Grand Junction, Colorado 81506. Before including your address,
phone number, e-mail 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 that we will be able to do so.

II. Background

    These proposed supplementary rules apply to the McInnis Canyons
National Conservation Area (MCNCA), approximately 122,300 acres of
public lands which include the 75,550 acre Black Ridge Canyons
Wilderness. The MCNCA, originally known as the Colorado Canyons
National Conservation Area, was established by Public Law 106-353 on
October 24, 2000. It was renamed for Representative Scott McInnis by
Public Law 108-400 on January 1, 2005.
    The MCNCA is located 10 miles west of Grand Junction, Colorado and
is bordered by the Colorado National Monument to the east and the
Colorado/Utah state line to the west. A small portion of the Black
Ridge Canyons Wilderness (5,200 acres) extends into Grand County, Utah.
The proposed supplementary rules will help the BLM achieve management
objectives and implement decisions in the MCNCA Resource Management
Plan (RMP) approved on October 24, 2004.

III. Discussion of the Proposed Supplementary Rules

    In preparing the RMP, the BLM sought public review of four
alternatives and then approved adaptive management, its preferred
alternative. Adaptive management allows for flexibility in management
actions based on the results of resource and visitor monitoring.
    The RMP includes specific management actions that restrict certain
activities and define allowable uses. The proposed supplementary rules
implement these management actions within the MCNCA. Many of the
proposed supplementary rules apply to the entire area, but some apply
only to specific areas within the NCA. The proposed supplementary rules
are written to allow for adaptive management.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    The supplementary rules do not comprise a significant regulatory
action and are not subject to review by the Office of Management and
Budget under Executive Order 12866. The 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. The 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 do they raise novel legal or policy issues. The
supplementary rules are merely 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. The BLM invites your comments
on how to make the supplementary rules easier to understand, including
answers to questions such as the following:
    1. Are the requirements in the supplementary rules clearly stated?
    2. Do the supplementary rules contain technical language or jargon
that interferes with their clarity?
    3. Does the format of the supplementary rules (grouping and order
of sections, use of headings, paragraphing, etc.) aid or reduce clarity?
    4. Is the description of the supplementary rules in the
SUPPLEMENTARY INFORMATION section of this preamble helpful in
understanding the supplementary rules? How could this description be
more helpful in making the supplementary rules 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

    In July 2004, the BLM completed an environmental impact statement
(EIS) as part of the development of the Proposed Resource Management
Plan and Final Environmental Impact Statement for the Colorado Canyons
National Conservation Area and Black Ridge Canyons Wilderness (now
McInnis Canyons National Conservation Area).

[[Page 33467]]

During the National Environmental Policy Act process, many proposed
decisions were fully analyzed, including the substance of these
supplementary rules. The pertinent analysis can be found in Chapter 2,
Alternatives, of the Resource Management Plan (RMP). The Record of
Decision for the RMP was signed by the BLM State Director of Colorado
in October 2004. These proposed supplementary rules provide for
enforcement of decisions in the RMP. The rationale for the decisions
made in the plan is fully covered in the EIS. The EIS is available for
review in the BLM administrative record at the address specified in the
ADDRESSES section.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act (RFA) of 1980, as
amended (5 U.S.C. 601-612) to ensure that government regulations do not
unnecessarily or disproportionately burden small entities. The RFA
requires a regulatory flexibility analysis if a rule would have a
significant economic impact, either detrimental or beneficial, on a
substantial number of small entities. The supplementary rules merely
establish rules of conduct for public use of a limited area of public
lands. Therefore, the BLM has determined under the RFA that the
supplementary rules would not have a significant economic impact on a
substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act

    The supplementary rules are not considered a major rule as defined
under 5 U.S.C. 804(2). The supplementary rules 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

    The supplementary rules do not impose an unfunded mandate on state,
local, or tribal governments in the aggregate, or on the private sector
of more than $100 million per year; nor do they have a significant or
unique effect on small governments. The supplementary rules have no
effect on governmental or tribal entities and would impose no
requirements on any of these entities. The supplementary rules 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, the BLM is not required to prepare a
statement containing the information required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.).

Executive Order 12630, Governmental Actions and Interference With
Constitutionally Protected Property Rights (Takings)

    The supplementary rules do not have significant takings
implications, nor are they capable of interfering with
Constitutionally-protected property rights. The supplementary rules
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
BLM 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, the relationship between the national government and the
states, nor 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, under
Executive Order 13132, the 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, these supplementary rules will not
unduly burden the judicial system and that they meet the requirements
of sections 3(a) and 3(b)(2) of the Order.

Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments

    In accordance with Executive Order 13175, these supplementary rules
do not include policies that have tribal implications. The
supplementary rules do not affect land held for the benefit, nor impede
the rights of Indians or Alaska Natives.

Paperwork Reduction Act

    These proposed supplementary rules do not directly provide for any
information collection that the Office of Management and Budget must
approve under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Any
information collection that may result from Federal criminal
investigations or prosecution conducted under these proposed
supplementary rules is exempt from the provisions of the Paperwork
Reduction Act of 1995, 44 U.S.C. 3518(c)(1).

Author

    The principal author of these proposed supplementary rules is Eric
Boik, BLM Field Staff Law Enforcement Ranger, McInnis Canyons National
Conservation Area, 2815 H Road Grand Junction, Colorado 81506.
    For the reasons stated in the preamble and under the authorities
for supplementary rules found under 43 U.S.C. 1740 and 43 CFR 8365.1-6,
the Colorado State Director, Bureau of Land Management, proposes
supplementary rules for public lands managed by the BLM in Colorado, to
read as follows:

Supplementary Rules for McInnis Canyons

    1. These supplementary rules apply, except as specifically
exempted, to activities within the McInnis Canyons National
Conservation Area (MCNCA), which is comprised of public lands
administered by the Bureau of Land Management near Grand Junction, Colorado.
    2. These supplementary rules are in effect on a year-round basis
and will remain in effect until modified by the authorized officer.
    3. You must not camp in sites or areas not designated as open to
camping by a BLM sign or map.
    4. You must not start or maintain a fire in sites or areas not
designated as open for such use by a BLM sign or map.
    5. In areas designated as open for starting or maintaining a fire,
any fire must be fully contained in a metal fire grate, fire pan, or
other metal device to contain ashes. Mechanical stoves and other
appliances that are fueled by gas, and equipped with a valve that
allows the operator to control the flame, are among the devices that
meet this requirement.
    6. When starting or maintaining a fire outside of a developed
recreation site, you must contain and completely remove fire ashes and
debris from BLM land.
    7. You must not cut, collect, or use live, dead, or down wood
except in areas designated as open to such use by a BLM sign or map.
    8. The hours of operation are sunrise to sunset in any area that is
for day-use only as indicated by a BLM sign or map. You must not enter
or remain in such an area after sunset or before sunrise.
    9. You must not park in areas not designated for parking by a BLM
sign or map.

[[Page 33468]]

    10. Exceeding group size limits, as indicated by a BLM sign or map,
is prohibited.
    11. Exceeding length of stay limits, as indicated by a BLM sign or
map, is prohibited.
    12. Individuals and/or groups must register and possess proof of
registration as indicated by a BLM sign or map.
    13. You must not use roads and/or trails by motorized or mechanized
vehicle or equestrian or pedestrian travel except where designated as
open to such use by a BLM sign or map.
    14. You must not discharge a firearm of any kind, including those
used for target shooting or paintball. 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 rule.
    15. You must not collect or disturb rocks, minerals, fossils,
chipped rocks, arrowheads, or other paleontological, prehistoric or
historical artifacts.
    16. You must not enter an area that is designated as closed by a
BLM sign or map.
    17. You must remove and properly dispose of canine solid waste when
and where indicated by a BLM sign or map.
    18. You must not bring any dog into the MCNCA that is not
controlled by visual, audible, or physical means.
    19. You must not burn material, including wood, that contains
nails, glass, or any metal.
    20. You must dispose of solid human waste as indicated by a BLM sign or map.
    Exemptions: The following persons are exempt from these
supplementary rules:
    A. Any Federal, state, local and/or military personnel in the scope
of their official duties;
    B. Members of any organized rescue or fire-fighting force in
performance of their official duties; and
    C. Persons, agencies, municipalities, or companies holding an
existing special-use permit inside the MCNCA and operating within the
scope of their permit.
    Penalties: Any person who violates any of these supplementary rules
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. 43 U.S.C.
1733(a); 43 CFR 8360.0-7. Such violations may also be subject to the
enhanced fines provided for by 18 U.S.C. 3571. In accordance with 43
CFR 8365.1-7, State or local officials may also impose penalties for
violations of Colorado law.

Dave Hunsaker,
Associate State Director.
[FR Doc. E9-16416 Filed 7-10-09; 8:45 am]
BILLING CODE 4310-JB-P

 
 

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