[Federal Register Volume 71, Number 59 (Tuesday, March 28, 2006)]
[Notices]
[Pages 15474-15475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2939]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CO-200-1220-PA]


Final Supplementary Rules for Public Lands in Park County, 
Colorado: Guffey Gorge/Guffey Gulch

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of final supplementary rules.

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SUMMARY: The Bureau of Land Management (BLM) Royal Gorge Field Office 
is issuing supplementary rules to regulate conduct on specific public 
lands within Park County, Colorado. The rules apply to the public lands 
called Guffey Gorge, also known as Guffey Gulch. BLM has determined 
these rules necessary to protect the area's natural resources and to 
provide for public health and safe public recreation.

DATES: Effective Date: The rules are effective 30 days after the date 
of publication in the Federal Register.

ADDRESSES: Bureau of Land Management, Royal Gorge Field Office, 3170 
East Main Street, Ca[ntilde]on City, Colorado 81212. You may contact us 
by e-mail at [email protected].

FOR FURTHER INFORMATION CONTACT: Roy L. Masinton, Field Manager, or 
Leah Quesenberry, Outdoor Recreation Planner, Royal Gorge Field Office, 
at the address listed above or by telephone at 719-269-8500. 
Individuals who use a telecommunications device for the deaf (TDD) may 
contact them individually through the Federal Information Relay Service 
at 1-800/877-8339, 24 hours a day, seven days a week.

SUPPLEMENTARY INFORMATION:
I. Background
II. Discussion of the Supplementary Rules
III. Procedural Matters

I. Background

    Guffey Gorge/Guffey Gulch is a small tract (80 acres) of public 
land in Park County, Colorado. It is surrounded by private land with 
Park County Road 102 providing legal public access. Until five years 
ago, recreational use of this area was light, and the area was used 
primarily by local residents for picnicking, hiking, and swimming. 
Recreational use of the area has increased significantly over the past 
five years, resulting in resource damage, user conflicts, and safety 
hazards for visitors and surrounding private landowners.

II. Discussion of Supplementary Rules

    These supplementary rules apply to approximately 80 acres of public 
lands known as Guffey Gorge, identified as follows:

Park County, Colorado, Sixth Principal Meridian

T. 15 S., R. 71 W.
    Section 4: SE\1/4\SE\1/4\ Section 9: NE\1/4\NE\1/4\

    These rules are needed to address significant public safety 
concerns and resource protection issues resulting from increased public 
use and unsafe user conduct on public lands known as Guffey Gorge. The 
authority for these supplementary rules is set forth at section 303 of 
the Federal Land Policy and Management Act, 43 U.S.C. 1740, and 43 CFR 
8365.1-6. This notice, with a detailed map, will be posted at the Royal 
Gorge Field Office.
    The proposed supplementary rules were published in the Federal 
Register on November 9, 2005 (70 FR 68080). We received seven letters 
of comment on the proposed supplementary rules. Each letter expressed 
support for the proposed supplementary rules. One letter expressed 
overall support for the rules but suggested allowing overnight camping 
on the forested uplands north of the gorge. We believe that this would 
confuse the public, direct the public into an area that is immediately 
adjacent to a large area of private land (leading to trespass), and 
unduly complicate enforcement of the day use only designation; 
therefore, we publish the rules unchanged as final supplementary rules.

III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These 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 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. They will not create a 
serious inconsistency or otherwise interfere with an action taken or 
planned by another agency. These 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. They merely establish rules of 
conduct for public use of a limited area of public lands in order to 
protect natural resources and public health and safety.

National Environmental Policy Act

    BLM has prepared an environmental assessment (EA) and has found 
that these supplementary rules would not constitute a major Federal 
action significantly affecting the quality of the human environment 
under section 102(2)(C) of the National Environmental Policy Act of 
1969 (NEPA), 42 U.S.C. 4332(2)(C). The supplementary rules would merely 
establish rules of conduct for public use of a limited area of public 
lands in order to protect natural resources and public health and 
safety. Although some uses, such as camping, would be prohibited in the 
area, the area would still be open to other recreation uses. A detailed 
statement under NEPA is not required. BLM has placed the EA and Finding 
of No Significant Impact (FONSI) on file in the BLM Administrative 
Record at the address specified in the ADDRESSES section.

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 supplementary rules should 
have little effect on business, organizational, or governmental 
entities of whatever size. They merely would impose reasonable 
restrictions on certain recreational activities on certain public lands 
to protect natural resources, the environment, human health, and 
safety. Therefore, BLM has determined under the RFA that these 
supplementary rules would not have a significant economic impact on a 
substantial number of small entities.

[[Page 15475]]

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    These supplementary rules are not a ``major rule'' as defined at 5 
U.S.C. 804(2). They would not result in an annual effect on the economy 
of $100 million or more, in a major 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 merely would impose reasonable restrictions on 
certain recreational activities on certain public lands to protect 
natural resources, the environment, human health, and safety.

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 in any one year; nor do these 
supplementary rules have a significant or unique effect on small 
governments. They would merely impose reasonable restrictions on 
certain recreational activities on certain public lands to protect 
natural resources and the environment, human health, and safety. 
Therefore, BLM is not required to prepare a statement containing the 
information required by the Unfunded Mandates Reform Act at 2 U.S.C. 
1532.

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

    The supplementary rules are not a government action capable of 
interfering with constitutionally protected property rights. The 
reasonable restrictions that would be imposed by these supplementary 
rules would not deprive anyone of property or interfere with anyone's 
property rights. 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 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. The shooting restrictions in the 
supplementary rules do not apply to hunting with a state hunting 
license. Therefore, in accordance with Executive Order 13132, BLM has 
determined that the 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 supplementary rules would not unduly burden the 
judicial system and that the requirements of sections 3(a) and 3(b)(2) 
of the Order are met.

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 contain policies that have tribal 
implications. As such, no duties under Executive Order 13175 are 
required.

Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    In accordance with Executive Order 13211, BLM has determined that 
the supplementary rules are not significant energy actions. The rules 
are not likely to have a significant adverse effect on energy supply, 
distribution, or use, including any shortfall in supply or price 
increase, and should have no substantial effect on fuel consumption.

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.

Author

    The principal author of these supplementary rules is Leah 
Quesenberry, Outdoor Recreation Planner, Royal Gorge Field Office, 
Bureau of Land Management.

Supplementary Rules for Guffey Gorge

    The Royal Gorge Field Office, Colorado, issues these supplementary 
rules under the authority of the Federal Land Policy and Management Act 
(FLPMA), 43 U.S.C. 1740, and 43 CFR 8365.1-6. Enforcement authority for 
these supplementary rules on the public lands within the Guffey Gorge 
area is found in FLPMA, 43 U.S.C. 1733, and 43 CFR 8360.0-7.
    These supplementary rules apply to approximately 80 acres of public 
lands known as Guffey Gorge, identified as follows:

Park County, Colorado, Sixth Principal Meridian

T. 15 S., R. 71 W.
    Section 4: SE\1/4\SE\1/4\ Section 9: NE\1/4\NE\1/4\

Rules

    Guffey Gorge is designated as a day-use only area. You must observe 
the following supplementary rules when you are present there:
    1. No person or persons shall enter or be upon these lands between 
the hours of sunset and sunrise.
    2. No person or persons shall have any type of fire except in a 
mechanical stove or other appliance fueled by gas, and equipped with a 
valve that allows the operator to turn the flame on and off.
    3. No person or persons shall bring or possess glass containers.
    4. No person or persons shall possess or discharge any fireworks.
    5. No person or persons shall 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.
    6. All persons using these public lands shall keep the area free of 
trash, litter, and debris during the period of occupancy and shall 
remove all personal equipment 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. 3571, if you violate any of these 
supplementary rules on public lands within the boundaries established 
in the rules, you may be tried before a United States Magistrate and 
fined no more than $100,000 or imprisoned for no more than 12 months, 
or both.

Sally Wisely,
State Director, Colorado State Office.
[FR Doc. 06-2939 Filed 3-27-06; 8:45 am]
BILLING CODE 4310-JB-P