[Federal Register Volume 69, Number 227 (Friday, November 26, 2004)]
[Notices]
[Pages 68975-68978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26090]


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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.

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SUMMARY: The Bureau of Land Management's (BLM) Uncompahgre

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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: [email protected].

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

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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

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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]
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