[Federal Register Volume 70, Number 44 (Tuesday, March 8, 2005)]
[Notices]
[Pages 11266-11268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4425]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CO-150-1220-PA]


Notice of Final 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 final supplementary rules.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Land Management's (BLM) Uncompahgre Field Office 
is implementing 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 and to provide for safe public recreation, public health, and 
reduce the potential for damage to sensitive resources including unique 
riparian areas and threatened and rare plant species and habitat.

EFFECTIVE DATE: The rules are effective March 8, 2005.

ADDRESSES: Bureau of Land Management, Uncompahgre Field Office, 2505 S. 
Townsend Avenue, Montrose, Colorado 81401.

FOR FURTHER INFORMATION CONTACT: Barbara Sharrow, Uncompahgre Field 
Office Manager, 2505 S. Townsend Avenue, Montrose, CO 81401, (970)

[[Page 11267]]

240-5315, or by e-mail: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Lands Affected

    The identified public lands are in Colorado, Montrose and Delta 
Counties, under the management jurisdiction of the Bureau of Land 
Management. The Escalante boat launch site is located within sec. B, T. 
15 S., R. 97 W., 6th Principal Meridian. The Escalante Canyon ACEC is 
located 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 boat ramp site is extremely limited 
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 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.

II. Discussion of the 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. A notice proposing these supplementary 
rules was published in the Federal Register on November 26, 2004 (69 FR 
68975). We received no comments on the proposed supplementary rules, 
and therefore publish them unchanged as final supplementary rules.

III. 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 
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 alter the 
budgetary effects of entitlements, grants, user fees, or loan programs 
or the right or obligations of their recipients; nor does it raise 
novel legal or policy issues. These supplementary rules contain rules 
of conduct for public use of a limited selection 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 
merely contain rules of conduct for public use of a limited selection 
of public lands to protect public health and safety and improve the 
protection of the resources. Although some uses, such as target 
shooting or overnight camping, will be prohibited at some of the site, 
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 would have a 
significant economic impact, either detrimental or beneficial, on a 
substantial number of small entities. These supplementary rules merely 
contain rules of conduct for public use of a limited selection 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 merely contain rules of conduct 
for public use of a limited selection of public lands

[[Page 11268]]

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 or the private sector of more than 
$100 million per year; nor does it have a significant or unique effect 
on State, local, or tribal governments or the private sector. The rules 
have no effect on governmental or tribal entities and would impose no 
requirements on any of these entities. The supplementary rules merely 
contain 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 represent a government action 
capable of interfering with Constitutionally-protected property rights. 
They merely contain rules of conduct for public use or a limited 
selection of public lands. The supplementary rules merely contain rules 
of conduct for public use of a limited selection 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 further discussion of takings implications 
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 it meets 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 affect Indian 
lands or 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. The 
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 are 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. Camping restricted to 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 at swimming area; camping is allowed only 
in designated sites adjacent to Potholes area.
    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 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 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: January 26, 2005.
Ron Wenker,
Colorado State Director.
[FR Doc. 05-4425 Filed 3-7-05; 8:45 am]
BILLING CODE 4310-JB-P