[Federal Register Volume 65, Number 40 (Tuesday, February 29, 2000)]
[Notices]
[Pages 10819-10821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4726]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[UT-030-00-1610-00]


Grand Staircase-Escalante National Monument Approved Management 
Plan and Record of Decision

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Availability.

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SUMMARY: In accordance with the National Environmental Policy Act 
(NEPA) of 1969 (40 CFR 1550.2), and the Federal Land Policy and 
Management Act of 1976, the Department of the Interior, Bureau of Land 
Management (BLM), Grand Staircase-Escalante National Monument (GSENM) 
provides notice of the availability of the Approved Management Plan and 
Record of Decision (ROD) for GSENM. The Approved Management Plan/ROD 
was signed by the Secretary of the Interior on November 15, 1999 and 
will be in effect upon publication of this notice. This Approved 
Management Plan/ROD supersedes the existing Vermilion Management 
Framework Plan (MFP), Escalante MFP, and the Paria MFP and other 
related documents for managing BLM-administered lands within GSENM. 
GSENM is responsible for management of BLM-administered lands and 
minerals within the boundaries of the Monument in Kane and Garfield 
Counties, Utah and is administratively responsible for approximately 
1,870,800 acres. The major management emphases in the Approved Plan 
includes: (1) Management of uses to protect and prevent damage to 
Monument resources. (2) Facilitation of appropriate scientific research 
activities. (3) Designation of a transportation system for the Monument 
and prohibition of all cross-country vehicle travel. (4) Identification 
of protection measures for special status

[[Page 10820]]

plant and animal species, riparian areas, and other special resources. 
(5) Identification of measures to ensure water is available for the 
proper care and management of objects in the Monument. (6) 
Accommodation of recreation by providing minor recreation facilities 
for visitors. Major visitor facilities will be located in surrounding 
communities in order to protect resources and promote economic 
development in the communities. (7) Establishment of a Monument 
Advisory Committee (chartered under the Federal Advisory Committee Act) 
to advise managers via an adaptive management strategy for implementing 
the Plan. (8) Commitments to work with local and State governments, 
Native American Indian tribes, organizations, and Federal agencies to 
manage lands or programs for mutual benefit consistent with other Plan 
decisions and objectives. (9) Recommendation of approximately 252 miles 
of river segments as suitable for designation as Wild and Scenic Rivers 
(WSR).

ADDRESSES: Copies of the Approved Management Plan/ROD are available 
upon request from the GSENM Office, 180 W 300 N, Kanab, UT 84741, (435) 
644-4300; Information Access Center (4th Floor), Utah BLM State Office, 
324 S. State Street, Salt Lake City, Utah, 84111; Cedar City District 
Office, 176 East DL Sargent Drive, Cedar City, Utah 84720; GSENM 
Office, Escalante, Utah 84726; or on the Internet at http://www.ut.blm.gov/monument.

FOR FURTHER INFORMATION CONTACT: Kate Cannon, Monument Manager, GSENM, 
180 W 300 N, Kanab, UT 84741 or by telephone at (435) 644-4300.

SUPPLEMENTARY INFORMATION: The GSENM Approved Management Plan/ROD is 
similar to the Proposed Management Plan and Final Environmental Impact 
Statement (PMP/FEIS) that was completed in July, 1999. The Federal 
Register notice for the PMP/FEIS was dated July 29, 1999, Volume 64, 
Number 145, Pages 41129-41130.
    The following modifications to the Proposed Plan are a result of 
protests BLM received to the Proposed Plan or as a result of 
recommendations made during the Governor's consistency review. (1) The 
Proposed Plan stated that recreation allocations would not be used in 
the Frontcountry Zone since it is the focal point for visitation. This 
decision has been modified to allow for allocations in the Frontcountry 
Zone in limited circumstances where other tools to protect resources 
prove ineffective. Since the Frontcountry Zone is the focal point for 
visitation, social encounters would not trigger such action. (2) The 
fuelwood cutting policy has been revised to clarify access provisions 
for this activity. As stated in the Proposed Plan, access off of 
designated routes will generally be allowed within 50 feet of the 
designated route, in designated fuelwood cutting areas. However, 
because fuelwood cutting is controlled by a permit and permits are 
issued to further overall management objectives, the BLM could 
authorize access on administrative routes and, in some cases, in areas 
more than 50 feet away from designated routes. These areas/provisions 
would be delineated in the permit prior to its issuance. (3) The 
Wildlife Services (Animal Damage Control) decisions in the Plan were 
clarified to emphasize that such provisions do not diminish the 
responsibility and authority of the State of Utah for management of 
fish and wildlife as required by the Proclamation. The provisions in 
the Plan apply to the operations of the Animal and Plant Health 
Inspection Service (Wildlife Services) agency and are taken under the 
terms of the National agreement between the BLM and Wildlife Services, 
which states that ``Animal and Plant Health Inspection Service 
(APHIS)--Animal Damage Control (ADC) shall conduct activities on BLM 
lands in accordance with APHIS--ADC policies, wildlife damage 
management plans, applicable State and Federal laws and regulations, 
and consistent with BLM Resource or Management Framework Plans.'' 
Control actions taken by the State of Utah, or actions taken under 
State law by private citizens, are not affected by this provision. (4) 
The WSR provisions in the Plan have been clarified with respect to the 
management of streams found suitable for recommendation to the National 
Wild and Scenic Rivers System (NWSRS). Streams recommended as suitable 
will be managed for protection of the resources associated with the 
stream. Such action will not entail any additional State water rights 
and will not result in a Federal reserved water right unless and until 
the Congress acts to officially designate the stream or stream segment 
as part of the NWSRS. Upon such designation, if any, the Federal 
reserved water right thus established would, by law, be established 
with the priority date of the designation and would be junior to all 
preexisting water rights, in accordance with the existing State 
priority. Senior rights in any stream designated would be unaffected. 
In addition, if an agreement on water is reached between the BLM and 
the State of Utah similar to the agreement reached with Zion National 
Park, or if any other water agreement is reached with the State, 
segments of the rivers determined suitable for WSR designation in this 
Plan would be managed in accordance with this agreement. (5) The 
utility rights-of-way and water provisions in the Plan were modified 
with regard to the Town of Henrieville's culinary water supply, because 
the Town accesses upstream lands within the Monument for its culinary 
water. There is an existing small-scale diversion of groundwater out of 
the Monument for domestic water supply for Henrieville.
    The Plan does not prohibit the continuation of this diversion, nor 
its expansion, if necessary, to meet the municipal needs of population 
growth in Henrieville. Any proposed new groundwater diversion to meet 
Henrieville's municipal needs could be approved consistent with the 
Plan if the BLM and the State water engineer complete a joint analysis 
to determine that such development would not adversely impact springs 
or other water resources within the Monument, and the BLM completes the 
required NEPA analysis. Exceptions could be considered for other local 
community culinary needs if the applicant could demonstrate that the 
diversion of water will not damage water resources within the Monument 
or conflict with the objectives outlined in the Plan. (6) During the 
protest period, several requests were made to modify decisions for 
specific routes. Every route mentioned was reviewed and reevaluated by 
the BLM. The following modifications were made as a result of this 
review: (a) Grand Bench route (Route 262, approximately 3 miles)--will 
be open to the public for street legal motorized vehicle use to access 
the open route on Glen Canyon National Recreation Area (GCNRA) and 
associated destinations. (b) Sooner Rocks route (approximately 1 
mile)--will be open to the public for street legal motorized vehicle 
use to access the camping destinations at Sooner Rocks. (c) Chimney 
Rock route (approximately 3 miles)--will be open to the public for 
street legal motorized vehicle use to access the destination of Chimney 
Rock. (d) Allen Dump route (off of the Egypt route, approximately 2 
miles)--will be open to the public to GCNRA boundary for street legal 
motorized vehicle use. This route will be open to allow the public to 
access the National Park Service trailhead on GCNRA. (e) Timber 
Mountain loop (approximately 7 miles)--a loop off of the Timber 
Mountain road will be open to the

[[Page 10821]]

public for motorized use, including all terrain vehicles (ATVs). This 
is consistent with the desire to provide appropriate ``loop'' ATV 
routes in the Outback Zone. (f) Horse Canyon (approximately 1 mile)--a 
mapping error was corrected to show the route open to motorized use up 
to the choke point in the canyon. The remainder of the route will 
continue to be available for administrative use only.
    The Grand Bench route, the Sooner Rocks route, the Allen Dump 
route, and the Horse Canyon route were identified as open to 
administrative use only in the Proposed Plan. The Chimney Rock route 
and the Timber Mountain loop were not identified for motorized use in 
the Proposed Plan, but will now be open as described above. The 
discussion of R.S. 2477 assertions in footnote 1 of Chapter 2 of the 
Approved Plan has also been clarified to emphasize that nothing in the 
Plan extinguishes any valid existing rights-of-way in GSENM. Nothing in 
this Plan alters in any way any legal rights the Counties of Garfield 
and Kane or the State of Utah has to assert and protect R.S. 2477 
rights, and to challenge in Federal court, or any other appropriate 
venue, any BLM road closures that they believe are inconsistent with 
their rights. (7) A clarification has been made that authorizations for 
overnight camping and exceptions to group size limits could be provided 
for in valid grazing permits if the activity does not involve outfitter 
and guide operations or special events. These provisions may be 
necessary for the proper operation of a valid grazing permit and are 
more appropriately authorized within the terms of that permit rather 
than in recreational visitor permits. Campfire restrictions and other 
zone provisions will apply. (8) As in the Proposed Plan, new water 
developments are restricted in the Approved Plan to the following 
purposes: for better distribution of livestock when deemed to have an 
overall beneficial effect on Monument resources or to restore or manage 
native species or populations. The Proposed Plan also stated that such 
developments could be done ``only when there is no other means to 
achieve the above objectives.'' For clarification purposes, this 
wording has been modified in the Approved Plan to state that 
developments could be done when ``a NEPA analysis determines this tool 
to be the best means of achieving the above objectives.'' (9) Filming 
provisions have been changed from allowing filming, by permit, that 
meets the ``minimum impact'' standards to allowing filming, by permit, 
if it complies with zone requirements and other Plan provisions. The 
zone requirements have restrictions that are similar to the minimum 
impact standards, and thus are the appropriate means of managing 
filming within the Monument. This treats filming similarly to other 
activities with similar resource impacts.

Wild and Scenic Rivers

    Through this planning effort approximately 252 miles of river 
segments have been determined suitable and will be recommended for 
Congressional designation into the NWSRS. The suitable river segments 
include: Escalante River 1, 2, 3; Harris Wash; Lower Boulder Creek; 
Slickrock Canyon; Lower Deer Creek 1, 2; The Gulch 1, 2, 3; Steep 
Creek; Lower Sand Creek and tributary Willow Patch Creek; Mamie Creek 
and west tributary; Death Hollow Creek; Calf Creek 1, 2, 3; Twenty-five 
Mile Wash; Upper Paria River 1, 2; Lower Paria River 1, 2; Deer Creek 
Canyon; Snake Creek; Hogeye Creek; Kitchen Canyon; Starlight Canyon; 
Lower Sheep Creek; Hackberry Creek; Lower Cottonwood Creek; and 
Buckskin Gulch.

Transportation and Access

    The Approved Plan designates the route system for the Monument. 
Cross-country motorized travel will be prohibited in accordance with 43 
CFR 8340 Off-Road Vehicle (OHV) regulations. Vehicles may pull off 
routes no more than 50 feet for parking and camping where allowed. No 
off-highway vehicle (OHV/ATV) play areas will be designated in the 
Monument. Use of bicycles is limited to designated routes and cross-
country travel is not allowed. Street legal motorized vehicles, 
including four-wheel-drive and mechanized vehicles (including 
bicycles), will be allowed on approximately 908 miles of routes 
designated open. Non-street legal ATVs and dirt bikes will be allowed 
on approximately 553 miles of the 908 miles of routes designated open 
to street legal vehicles. Non-street legal all-terrain vehicles (ATVs) 
and dirt bikes will be restricted to those routes designated as open 
for their use.
    The Director's office has issued final decisions, dismissing or 
resolving, each of the 111 protests received, thus allowing for 
immediate implementation of the Approved Management Plan.

Sally Wisely,
State Director, Utah.
[FR Doc. 00-4726 Filed 2-28-00; 8:45 am]
BILLING CODE 4310-DQ-P