[Federal Register Volume 70, Number 144 (Thursday, July 28, 2005)]
[Notices]
[Pages 43709-43712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14946]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CO-130-05-1220-AL]


Notice of Proposed Supplementary Rules; Recreation Area 
Conditions of Use; North Fruita Desert; Mesa County, CO

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed supplementary rules for conditions of use on public 
land within the North Fruita Desert.

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SUMMARY: The Bureau of Land Management (BLM), Grand Junction Field 
Office, is publishing proposed supplementary rules regulating the 
conduct of certain activities on all public lands within the North 
Fruita Desert Special Recreation Management Area (SRMA). These proposed 
supplementary rules notify the public that certain activities are no 
longer allowed in the North Fruita Desert, and include, but are not 
limited to the following: Prohibition of fires outside of designated 
fire rings within the designated campground in the bicycle emphasis 
area, required use of fire pans outside of the mountain bike emphasis 
area, prohibition of discharge of dangerous weapons within the mountain 
bike emphasis area, prohibition of camping outside of designated 
camping sites within the mountain bike emphasis area, limiting all 
motorized and mechanized vehicle travel within the area to designated 
routes, the seasonal closure of certain routes, prohibition of 
possession or use of firewood containing nails or other metal hardware, 
and the prohibition on shooting any glass objects.

DATES: Comments on the proposed supplementary rules must be received or 
postmarked by August 29, 2005, to be assured consideration. In 
developing final supplementary rules, BLM may not consider comments 
postmarked or received in person or by electronic mail after this date.

ADDRESSES: Mail, personal or messenger delivery: Bureau of Land 
Management, Grand Junction Field Office, 2815 H Road, Grand Junction, 
CO 81506. Internet e-mail: Attn: [email protected].

FOR FURTHER INFORMATION CONTACT: Britta Laub, Supervisory Outdoor 
Recreation Planner, at (970) 244-3000.

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures
II. Background
III. Procedural Matters
IV. Discussion of the Proposed Supplementary Rules

I. Public Comment Procedures

    Public comment on the North Fruita Desert Plan amendment and 
recreation activity plan ended on September 3, 2004. This notice is 
intended to ensure decisions made in the amendment and plan are 
enforceable.
    Written comments on the proposed supplementary rules should be 
specific, confined to issues pertinent to the proposed supplementary 
rules, and should 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. BLM may not 
necessarily consider or include in the Administrative Record for the 
final rule comments that BLM receives after the close of the comment 
period (see DATES), unless they are postmarked or electronically dated 
before the deadline, or comments delivered to an address other than 
those listed above (see ADDRESSES).
    Comments, including names, street addresses, and other contact 
information of respondents, will be available for public review at 
Bureau of Land Management, Grand Junction Field Office, 2815 H Road, 
Grand Junction, CO 81506, during regular business hours (7:30 a.m. to 
4:30 p.m., Monday through Friday, except Federal holidays). Individual 
respondents may request confidentiality. If you wish to request that 
BLM consider withholding your name, street address, and other contact 
information (such as: Internet address, FAX, or phone number) from 
public review or from disclosure under the Freedom of Information Act, 
you must state this prominently at the beginning of your comment. BLM 
will honor requests for confidentiality on a case-by-case basis to the 
extent allowed by law. BLM will make available for

[[Page 43710]]

public inspection in their entirety all submissions from organizations 
or businesses, and from individuals identifying themselves as 
representatives or officials of organizations or businesses.

II. Background

    The North Fruita Desert Management Plan was approved on November 8, 
2004. The North Fruita area has become increasing popular for its 
mountain biking, dispersed camping, and motorized recreational 
opportunities. In 2003, use numbered about 50,000 visits. Increased use 
and marketing of the area have resulted in impacts to resources 
(illegal trail construction and proliferation of social trails, 
vegetation tramping, weed invasion, sterilization of soil through 
multiple ground fires), have raised public health and safety issues 
(human and dog waste, glass and metal debris), and social conflicts 
(between motorized and mechanized users, competition for camping space, 
local vs. recreation destination visitors, and shooting over trails). 
The plan addresses these issues and these proposed supplementary rules 
enact the prescriptions outlined in the plan.

III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These proposed 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 proposed 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 proposed 
supplementary rules will not create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency. 
These proposed 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 rules of conduct and impose other 
limitations on certain recreational activities on certain public lands 
to protect natural resources and human health and safety.

Clarity of the Supplementary Rules

    Executive Order 12866 requires each agency to write regulations 
that are simple and easy to understand. We invite your comments on how 
to make these proposed supplementary rules easier to understand, 
including answers to questions such as the following: (1) Are the 
requirements in the proposed supplementary rules clearly stated? (2) Do 
the proposed supplementary rules contain technical language or jargon 
that interferes with their clarity? (3) Does the format of the proposed 
supplementary rules (grouping and order of sections, use of headings, 
paragraphing, etc.) aid or reduce their clarity? (4) Would the 
supplementary rules be easier to understand if they were divided into 
more (but shorter) sections? (5) Is the description of the proposed 
supplementary rules in the SUPPLEMENTARY INFORMATION section of this 
preamble helpful to your understanding of the proposed supplementary 
rules? How could this description be more helpful in making the 
proposed supplementary rules easier to understand?
    Please send any comments you have on the clarity of the 
supplementary rules to the address specified in the ADDRESSES section.

National Environmental Policy Act

    BLM has prepared an environmental assessment (EA) and has found 
that the proposed supplementary rules would not constitute a major 
Federal action significantly affecting the quality of the human 
environment under section 102(2)(C) of the Environmental Protection Act 
of 1969 (NEPA), 42 U.S.C. 4332(2)(C). A detailed statement under NEPA 
is not required. BLM has placed the EA and the Finding of No 
Significant Impact (FONSI) on file in the BLM Administrative Record at 
the address specified in the ADDRESSES section. BLM invites the public 
to review these documents and suggests that anyone wishing to submit 
comments in response to the EA and FONSI do so in accordance with the 
Written Comments section above.

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 proposed 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 proposed supplementary rules would not have a 
significant economic impact on a substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    These proposed 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 proposed 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 proposed 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 rule does not represent a government action capable of 
interfering with Constitutionally protected property rights. The plan 
addresses the management of public lands within the North Fruita Desert 
and in no way addresses the management of private lands. Therefore, the 
Department of the Interior has determined that the rule would not cause 
a taking of private property or require further discussion of takings 
implications under this Executive Order.

Executive Order 13132, Federalism

    The rule will not have a substantial direct effect on the States, 
on the

[[Page 43711]]

relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. The state of Colorado was involved in the development of 
the plan, the plan underwent the required 60 day Governors Consistency 
review, and the rule addresses the federal enforceability of conditions 
of use as described in the plan and does not impact State power or 
responsibilities. Therefore, in accordance with Executive Order 13132, 
BLM has determined that this proposed rule does 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 this rule would 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

    In accordance with Executive Order 13175, we have found that this 
rule does not include policies that have tribal implications. The 
conditions of use as described in this notice are intended to protect 
resources, public health and safety, and mitigate user conflict. No 
tribal lands are located within or near the North Fruita Desert. The 
rule does not apply to Indian lands.

Paperwork Reduction Act

    These proposed 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 authors of these proposed supplementary rules are: 
Perry McCoy, James Cooper, and Britta Laub, Grand Junction Field 
Office.

IV. Discussion of the Proposed Supplementary Rules

    These proposed supplementary rules will apply to the public lands 
under the administration of the Bureau of Land Management located 
within the North Fruita Desert. The BLM has determined that these rules 
are necessary to protect the area's natural resources, to provide for 
safe public recreation, public health, reduce potential for user 
conflict, and reduce the potential for damage to the environment and to 
enhance the experience of the visitor.
    Under the authority found in 43 U.S.C. 1733(a), pursuant to 43 CFR 
8364.1, 43 CFR 8365.1-6, 43 CFR 9212.2, 43 CFR 9268.3 the Bureau of 
Land Management proposes to enforce the following rules on all public 
lands administered by the Bureau of Land Management within the North 
Fruita Desert. You must follow these rules:

Sec. 1: Prohibited Acts/Rules

    While on public lands in the North Fruita Desert,
    a. No discharge of dangerous weapons will be allowed in the bicycle 
emphasis area, except for the lawful taking of game during bonafide 
hunting seasons.
    b. In North Fruita Desert SRMA, all fires must be contained in a 
fire pan and all ash and burned material removed and disposed of off of 
public lands.
    c. In the North Fruita Desert SRMA, provided and/or portable 
toilets must be used and contents disposed of according to Mesa County 
requirements.
    d. In the North Fruita Desert SRMA, it is prohibited to collect 
downed wood for campfires or other purposes.
    e. In the mechanized (bicycle) emphasis area, visitors must camp in 
designated campsites. Dispersed camping will continue to be allowed in 
the remaining portions of the North Fruita Desert SRMA.
    f. All motorized and mechanized travel is limited to designated 
roads and trails.
    g. No motorized travel is permitted, except on the graveled access 
road, V.7 Road, and campground spur pull-offs in the mechanized 
(bicycle) emphasis area. The mechanized (bicycle) emphasis area is 
defined as portions of T8S R102W sec. 24, 25, and 36, T9S R102W sec.1, 
T8S R101W sec. 28, 29, 30, 31, 32, 33, 34, and 35, T9S R101W sec. 3, 4, 
5, and 6.
    h. No motorized or mechanized vehicle travel is permitted, except 
on Q.5 Road, within the non-motorized/non-mechanized emphasis area. The 
non-motorized/non-mechanized emphasis area is defined as portions of 
T8S R101W sec. 35 and 36, T9S R101W sec. 1, 2, 3, 9, 10, 11, 12, and 
14, T9S R100W sec. 5, 6, 7, and 8.
    i. The Lippan Wash Trail and Coal Gulch Trail will be seasonally 
closed to mechanized and motorized travel from December 1 until April 1 
of each year. The opening date may be moved to an earlier or later date 
if conditions warrant.
    j. No person shall use or possess firewood containing nails, 
screws, or other metal hardware to include, but not limited to, wood 
pallets and construction debris.
    k. Administrative use is limited to designated routes. Exemptions 
to travel restrictions are listed under ``ORV'', exclusions, below.

Sec. 2: Definitions

    ``Dangerous weapons'' include, but are not limited to: Rifles, 
pistols, air guns, paint ball guns, bows and arrows, slingshots, or any 
mechanical devices that propel a projectile.
    ``Designated fire ring'' means specific areas designed and 
delineated for use and containment of camping and/or cooking fires. 
Fire rings are typically constructed of metal sheeting 2\1/2\ to 3 feet 
in diameter and no less than 1 foot deep.
    ``Fire pan'' means a metal container elevated off the ground that 
serves as a barrier between the ground and the fire, to contain the 
fire and facilitate the removal of ashes.
    ``Mechanized vehicle'' means a mechanical vehicle propelled by 
human power without use of a motor (e.g.: mountain bike).
    ``Motorized vehicle'' is used synonymously with ORV and OHV, and 
may include motorcycles, ATVs, or full sized vehicles.
    ``Non-motorized, non-mechanized'' means powered by human power 
alone without use of mechanized or motorized assistance. Equestrian use 
falls under this definition.
    ``OHV'' means Off Highway Vehicle and is used synonymously with 
ORV.
    ``ORV'' means Off Road Vehicle as defined in 43 CFR 8340.0-5 (a) as 
any motorized vehicle capable of, or designed for, travel onto or 
immediately over land, water, or other natural terrain, excluding:
    1. Any non-amphibious registered motorboat;
    2. Any military, fire, emergency, or law enforcement vehicle while 
being used for emergency purposes;
    3. Any vehicle whose use is expressly authorized by the authorized 
officer, or otherwise officially approved;
    4. Vehicles in official use:
    5. Any combat or support vehicle when used in times of national 
defense emergencies.
    ``Public lands'' means any land in the North Fruita Desert, the 
surface of which is administered by the Bureau of Land Management. The 
North Fruita Desert is bounded by East Salt Creek on the West, Coal 
Gulch on the North, 21 Road on the east, and the BLM/private land 
boundary on the south, Mesa County Colorado, T.2 N.R., R3W., T.2N. 
R.2W. Ute Principle Meridian, T.9S. R.103W., T.8S. R.103W., T.9S. 
R.102W., T.8S. R.102W., T.9S. R.101W., T.8S.

[[Page 43712]]

R.101W., T.9S. R.100W., T.8S. R.100W. 6th Principle Meridian.

Sec. 3: Penalties

    Under section 303(a) of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1733(a)), 43 CFR 8360.0-7, 43 CFR 9268.3(d)(1)(2), 
and 18 U.S.C. 3571 if you violate any of these proposed supplementary 
rules on public lands within the boundaries established in the rules, 
you shall 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 shall also be subject to the enhanced fines provided for by 
18 U.S.C. 3571.

Douglas M. Koza,
Acting State Director.
[FR Doc. 05-14946 Filed 7-27-05; 8:45 am]
BILLING CODE 4310-JB-P