[Federal Register Volume 74, Number 132 (Monday, July 13, 2009)]
[Notices]
[Pages 33466-33468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16416]



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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCON04000-L12200000-PA0000]


Notice of Proposed Supplementary Rules for Public Lands in 
Colorado: McInnis Canyons National Conservation Area

AGENCY: Bureau of Land Management, Department of the Interior.

ACTION: Proposed supplementary rules.

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SUMMARY: The Bureau of Land Management's (BLM) Grand Junction Field 
Office is proposing supplementary rules to regulate conduct on public 
lands within the McInnis Canyons National Conservation Area (MCNCA). 
These supplementary rules are needed to implement decisions found in 
the McInnis Canyons National Conservation Area Resource Management Plan 
to protect public health, safety, lands and resources.

DATES: Comments on the proposed supplementary rules must be received or 
postmarked by September 11, 2009 to be assured consideration. The BLM 
is not obligated to consider comments postmarked or received after this 
date.

ADDRESSES: Please mail comments to Katie Stevens, McInnis Canyons 
National Conservation Area, 2815 H Road, Grand Junction, Colorado 
81506; or e-mail comments to [email protected], Attn: ``McInnis 
Canyons.''

FOR FURTHER INFORMATION CONTACT: Katie Stevens, McInnis Canyons 
National Conservation Area, (970) 244-3049, e-mail: [email protected] or Eric Boik, BLM Field Staff Law Enforcement Ranger, 
(970) 244-3070, e-mail: [email protected]

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

    Written comments on the proposed supplementary rules should be 
specific, be confined to issues pertinent to the proposed supplementary 
rules, and 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. The BLM is not 
obligated to consider or include in the Administrative Record for the 
final supplementary rules comments either postmarked or electronically 
dated after the deadline or delivered to an address other than the 
address listed above (See ADDRESSES).
    Comments (including names, street addresses, and other contact 
information of respondents) will be available for public review at 2815 
H Road, Grand Junction, Colorado 81506. Before including your address, 
phone number, e-mail address, or other personal identifying information 
in your comment, you should be aware that your entire comment--
including your personal identifying information--may be made publicly 
available at any time. While you can ask us in your comment to withhold 
your personal identifying information from public review, we cannot 
guarantee that we will be able to do so.

II. Background

    These proposed supplementary rules apply to the McInnis Canyons 
National Conservation Area (MCNCA), approximately 122,300 acres of 
public lands which include the 75,550 acre Black Ridge Canyons 
Wilderness. The MCNCA, originally known as the Colorado Canyons 
National Conservation Area, was established by Public Law 106-353 on 
October 24, 2000. It was renamed for Representative Scott McInnis by 
Public Law 108-400 on January 1, 2005.
    The MCNCA is located 10 miles west of Grand Junction, Colorado and 
is bordered by the Colorado National Monument to the east and the 
Colorado/Utah state line to the west. A small portion of the Black 
Ridge Canyons Wilderness (5,200 acres) extends into Grand County, Utah. 
The proposed supplementary rules will help the BLM achieve management 
objectives and implement decisions in the MCNCA Resource Management 
Plan (RMP) approved on October 24, 2004.

III. Discussion of the Proposed Supplementary Rules

    In preparing the RMP, the BLM sought public review of four 
alternatives and then approved adaptive management, its preferred 
alternative. Adaptive management allows for flexibility in management 
actions based on the results of resource and visitor monitoring.
    The RMP includes specific management actions that restrict certain 
activities and define allowable uses. The proposed supplementary rules 
implement these management actions within the MCNCA. Many of the 
proposed supplementary rules apply to the entire area, but some apply 
only to specific areas within the NCA. The proposed supplementary rules 
are written to allow for adaptive management.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    The supplementary rules do not comprise a significant regulatory 
action and are not subject to review by the Office of Management and 
Budget under Executive Order 12866. The 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. The 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 do they raise novel legal or policy issues. The 
supplementary rules are merely 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. The BLM invites your comments 
on how to make the supplementary rules easier to understand, including 
answers to questions such as the following:
    1. Are the requirements in the supplementary rules clearly stated?
    2. Do the supplementary rules contain technical language or jargon 
that interferes with their clarity?
    3. Does the format of the supplementary rules (grouping and order 
of sections, use of headings, paragraphing, etc.) aid or reduce 
clarity?
    4. Is the description of the supplementary rules in the 
SUPPLEMENTARY INFORMATION section of this preamble helpful in 
understanding the supplementary rules? How could this description be 
more helpful in making the supplementary rules 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

    In July 2004, the BLM completed an environmental impact statement 
(EIS) as part of the development of the Proposed Resource Management 
Plan and Final Environmental Impact Statement for the Colorado Canyons 
National Conservation Area and Black Ridge Canyons Wilderness (now 
McInnis Canyons National Conservation Area).

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During the National Environmental Policy Act process, many proposed 
decisions were fully analyzed, including the substance of these 
supplementary rules. The pertinent analysis can be found in Chapter 2, 
Alternatives, of the Resource Management Plan (RMP). The Record of 
Decision for the RMP was signed by the BLM State Director of Colorado 
in October 2004. These proposed supplementary rules provide for 
enforcement of decisions in the RMP. The rationale for the decisions 
made in the plan is fully covered in the EIS. The EIS is available for 
review in the BLM administrative record at the address specified in the 
ADDRESSES section.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act (RFA) 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. The supplementary rules merely 
establish rules of conduct for public use of a limited area of public 
lands. Therefore, the BLM has determined under the RFA that the 
supplementary rules would not have a significant economic impact on a 
substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act

    The supplementary rules are not considered a major rule as defined 
under 5 U.S.C. 804(2). The supplementary rules 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

    The supplementary rules do not impose an unfunded mandate on state, 
local, or tribal governments in the aggregate, or on the private sector 
of more than $100 million per year; nor do they have a significant or 
unique effect on small governments. The supplementary rules have no 
effect on governmental or tribal entities and would impose no 
requirements on any of these entities. The supplementary rules 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, the 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 supplementary rules do not have significant takings 
implications, nor are they capable of interfering with 
Constitutionally-protected property rights. The supplementary rules 
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 
BLM 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, the relationship between the national government and the 
states, nor 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, under 
Executive Order 13132, the 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, these supplementary 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, these supplementary rules 
do not include policies that have tribal implications. The 
supplementary rules do not affect land held for the benefit, nor impede 
the rights of Indians or Alaska Natives.

Paperwork Reduction Act

    These proposed supplementary rules do not directly provide for any 
information collection that the Office of Management and Budget must 
approve under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Any 
information collection that may result from Federal criminal 
investigations or prosecution conducted under these proposed 
supplementary rules is exempt from the provisions of the Paperwork 
Reduction Act of 1995, 44 U.S.C. 3518(c)(1).

Author

    The principal author of these proposed supplementary rules is Eric 
Boik, BLM Field Staff Law Enforcement Ranger, McInnis Canyons National 
Conservation Area, 2815 H Road Grand Junction, Colorado 81506.
    For the reasons stated in the preamble and under the authorities 
for supplementary rules found under 43 U.S.C. 1740 and 43 CFR 8365.1-6, 
the Colorado State Director, Bureau of Land Management, proposes 
supplementary rules for public lands managed by the BLM in Colorado, to 
read as follows:

Supplementary Rules for McInnis Canyons

    1. These supplementary rules apply, except as specifically 
exempted, to activities within the McInnis Canyons National 
Conservation Area (MCNCA), which is comprised of public lands 
administered by the Bureau of Land Management near Grand Junction, 
Colorado.
    2. These supplementary rules are in effect on a year-round basis 
and will remain in effect until modified by the authorized officer.
    3. You must not camp in sites or areas not designated as open to 
camping by a BLM sign or map.
    4. You must not start or maintain a fire in sites or areas not 
designated as open for such use by a BLM sign or map.
    5. In areas designated as open for starting or maintaining a fire, 
any fire must be fully contained in a metal fire grate, fire pan, or 
other metal device to contain ashes. Mechanical stoves and other 
appliances that are fueled by gas, and equipped with a valve that 
allows the operator to control the flame, are among the devices that 
meet this requirement.
    6. When starting or maintaining a fire outside of a developed 
recreation site, you must contain and completely remove fire ashes and 
debris from BLM land.
    7. You must not cut, collect, or use live, dead, or down wood 
except in areas designated as open to such use by a BLM sign or map.
    8. The hours of operation are sunrise to sunset in any area that is 
for day-use only as indicated by a BLM sign or map. You must not enter 
or remain in such an area after sunset or before sunrise.
    9. You must not park in areas not designated for parking by a BLM 
sign or map.

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    10. Exceeding group size limits, as indicated by a BLM sign or map, 
is prohibited.
    11. Exceeding length of stay limits, as indicated by a BLM sign or 
map, is prohibited.
    12. Individuals and/or groups must register and possess proof of 
registration as indicated by a BLM sign or map.
    13. You must not use roads and/or trails by motorized or mechanized 
vehicle or equestrian or pedestrian travel except where designated as 
open to such use by a BLM sign or map.
    14. You must not 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.
    15. You must not collect or disturb rocks, minerals, fossils, 
chipped rocks, arrowheads, or other paleontological, prehistoric or 
historical artifacts.
    16. You must not enter an area that is designated as closed by a 
BLM sign or map.
    17. You must remove and properly dispose of canine solid waste when 
and where indicated by a BLM sign or map.
    18. You must not bring any dog into the MCNCA that is not 
controlled by visual, audible, or physical means.
    19. You must not burn material, including wood, that contains 
nails, glass, or any metal.
    20. You must dispose of solid human waste as indicated by a BLM 
sign or map.
    Exemptions: The following persons are exempt from these 
supplementary rules:
    A. Any Federal, state, local and/or military personnel in the scope 
of their official duties;
    B. Members of any organized rescue or fire-fighting force in 
performance of their official duties; and
    C. Persons, agencies, municipalities, or companies holding an 
existing special-use permit inside the MCNCA and operating within the 
scope of their permit.
    Penalties: Any person who violates any of these supplementary rules 
may be tried before a United States Magistrate and fined no more than 
$1,000 or imprisoned for no more than 12 months, or both. 43 U.S.C. 
1733(a); 43 CFR 8360.0-7. Such violations may also be subject to the 
enhanced fines provided for by 18 U.S.C. 3571. In accordance with 43 
CFR 8365.1-7, State or local officials may also impose penalties for 
violations of Colorado law.

Dave Hunsaker,
Associate State Director.
[FR Doc. E9-16416 Filed 7-10-09; 8:45 am]
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