[Federal Register Volume 75, Number 70 (Tuesday, April 13, 2010)]
[Notices]
[Pages 18877-18881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8395]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCOS05400-L17110000 PA000 LXSIGGCA0000]


Notice of Final Supplementary Rules for Public Lands in Colorado: 
Gunnison Gorge National Conservation Area (GGNCA) and Adjacent Public 
Lands Administered by the Bureau of Land Management Uncompahgre Field 
Office, Montrose and Delta Counties, CO

AGENCY: Bureau of Land Management, Interior.

ACTION: Final supplementary rules for the GGNCA and adjacent public 
lands in southwestern Colorado.

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SUMMARY: This notice contains final supplementary rules for the GGNCA 
and adjacent public lands included in the 2004 GGNCA Resource 
Management Plan (RMP) and managed by the GGNCA and Uncompahgre Field 
Offices in Montrose and Delta Counties, Colorado. The rules implement 
RMP decisions that relate to the use of the lands, conduct, health and 
safety of public land users, and protection of natural resources. The 
rules address motorized and non-motorized uses, safety, firearms, 
hunting and target shooting, pets and pack stock use, camping, waste 
disposal, group size limits, permit

[[Page 18878]]

requirements, and length of stay. These supplementary rules will be 
added to the current rules in effect for the GGNCA, Gunnison Gorge 
Wilderness, and adjacent public lands. The supplementary rules will be 
enforced by Bureau of Land Management (BLM) law enforcement rangers.

DATES: These rules are effective May 13, 2010.

ADDRESSES: These rules are available at the BLM Uncompahgre Field 
Office, 2465 S. Townsend Avenue, Montrose, Colorado 81401.

FOR FURTHER INFORMATION CONTACT: Karen Tucker, GGNCA (970) 240-5300, e-
mail: [email protected] or Ted Moe, BLM Law Enforcement Ranger, 
(970) 240-5341, e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    These final supplementary rules apply to the GGNCA, approximately 
62,844 acres of public lands that include the 17,784-acre Gunnison 
Gorge Wilderness, and 32,937 acres of adjacent public lands managed 
under the GGNCA management plan. The GGNCA was established by Public 
Law 106-76 on October 21, 1999.
    The GGNCA is located 10 miles north of Montrose, Colorado, bordered 
by the Black Canyon of the Gunnison National Park to the south. The 
supplementary rules will help the BLM achieve management objectives and 
implement decisions in the GGNCA RMP approved on November 12, 2004. 
These supplementary rules will also allow the BLM to increase law 
enforcement efforts that will help mitigate damage to natural resources 
and provide for public health and safe public recreation.

II. Discussion of Public Comments

    The Uncompahgre Field Office proposed these supplementary rules in 
the Federal Register on September 9, 2009. The BLM received two comment 
letters containing three substantive comments. The following is a 
summary of the comments:
    (1) The first comment addressed the need to clarify that the rule 
for single track routes should specify only two-wheeled vehicles are 
permitted on these types of routes.
    BLM Response: The BLM agrees with this additional clarification as 
this was the intent of the original rule. Rule 2(c) has been revised to 
reflect the clarification.
    (2) The second comment addressed the need to clarify the rule for 
discharging firearms within the GGNCA to make it clear that licensed 
hunters may not target shoot within the National Conservation Area 
(NCA), even while they are out legally hunting in the area.
    BLM Response: The BLM agrees with this additional clarification as 
this was the intent of the original rule. Rule 3(a) has been revised to 
reflect the clarification.
    (3) The third comment pertained to target shooting on the 32,937 
acres of non-NCA public lands managed under the GGNCA management plan. 
Rule 3(b) states that: ``On public lands adjacent to the GGNCA, you 
must not target shoot except in areas closed to that use by a BLM sign 
or map.'' The commenter requested the rule be changed to state: ``On 
public lands adjacent to the GGNCA, you must not target shoot except in 
areas designated as open to such use by a BLM sign or map.'' The 
commenter noted that the change was needed to ensure visitor safety and 
be consistent with other GGNCA rules that disallow uses such as 
camping, wood collection, campfires, and motorized travel, except in 
areas designated open to such uses by BLM sign or map.
    BLM Response: RMP decisions that close the GGNCA to target shooting 
and disallow uses such as camping, wood collection, motorized travel, 
and campfires except in areas designated as open to such uses by BLM 
sign or map, were determined necessary to: Protect the NCA's nationally 
significant scenic, geologic, recreation, wilderness, and other natural 
values; ensure and enhance the safety of the increasing number of NCA 
visitors which use the many recreation sites and trails constructed 
throughout the NCA; and protect the public's investment in those high 
use recreation sites and other BLM infrastructure.
    However, the RMP allows for the BLM's discretion to authorize 
dispersed target shooting, and other multiple uses such as camping, 
firewood collecting, etc., on non-NCA public lands which, for the most 
part, do not attract high visitation due to: Lack of outstanding and/or 
nationally significant values; lack of developed recreation facilities 
and trails; and less obvious access.
    The RMP decisions for non-NCA lands provide regulation of dispersed 
multiple uses at levels that are less restrictive than those imposed on 
uses within the NCA. These supplementary rules were developed with this 
difference in mind. This difference in the level of regulation allows 
the public to make choices regarding the locations for, and the type 
of, recreation uses they want to pursue.
    The RMP states that patrols by law enforcement will be conducted on 
the non-NCA lands to ensure user compliance with posted regulations. If 
monitoring of these lands indicates resource or other problems are 
occurring as a result of target shooting and/or other multiple uses, 
the areas may be closed.
    The BLM believes that the rules that implement RMP management 
decisions related to regulating and monitoring dispersed multiple uses, 
including target shooting, on non-NCA lands are sufficient to provide 
for the safety of visitors and protection of these public lands. The 
BLM contends that Rule 3(b) was developed to allow for less 
restrictive, dispersed uses on non-NCA lands, and is consistent with 
RMP decisions for these public lands as stated, and does not need 
additional clarification.
    Other than the changes noted, and with the exception of minor non-
substantive grammatical and formatting changes, the final rules remain 
as proposed.

III. Discussion of Supplementary Rules

    These final supplementary rules apply to a total of 95,781 acres of 
public lands managed by the BLM within the GGNCA RMP planning area. The 
area includes 62,844 acres of NCA lands and 32,937 acres of non-NCA 
lands within Montrose and Delta Counties, Colorado, in the following 
townships:

Colorado, Sixth Principal Meridian

T. 14 S., R. 95 W. through 93 W.
T. 15 S., R. 95 W. through 93 W.

New Mexico Principal Meridian

T. 51 N., R. 10 W. through 7 W.
T. 50 N., R. 10 W. through 6 W.
T. 49 N., R 9 W. through 8 W.

    These rules are consistent with the Record of Decision of the 2004 
GGNCA RMP. 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 final supplementary rules 
implement these management actions within the GGNCA and adjacent public 
lands. Many of the supplementary rules apply to the entire area but 
some apply only to specific areas within the GGNCA. The rules are 
written to allow for the management flexibility that is available under 
the principles of adaptive management. These rules will be posted 
within the affected areas.

[[Page 18879]]

IV. 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 do they raise novel legal or policy issues. These 
supplementary rules are merely rules of conduct for public use of a 
limited area of public lands.

National Environmental Policy Act

    The final supplementary rules put forth in this notice implement 
key land use planning decisions in the Approved GGNCA RMP and Record of 
Decision signed by the BLM State Director of Colorado in November 2004. 
The four-year RMP process included extensive public input and 
development of a Draft and Proposed RMP and Final Environmental Impact 
Statement (EIS) for the GGNCA and Gunnison Gorge Wilderness, which was 
completed in January 2004. During the National Environmental Policy Act 
process, each alternative was fully analyzed, including the types of 
decisions set forth in these supplementary rules. The rationale for the 
decisions made can be found in Chapter 5, Environmental Consequences. 
The BLM has placed the Final EIS, Approved RMP, and Record of Decision 
on file 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. These final supplementary rules 
do not have a significant economic impact on entities of any size, but 
provide for the protection of persons, property, and resources on 
specific 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

    These supplementary rules are not ``major'' 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

    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 do they 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 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)

    These 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 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, 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, in 
accordance with 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, 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, the BLM has 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.

Supplementary Rules for the Gunnison Gorge National Conservation Area 
(GGNCA) and Adjacent Public Lands

    These supplementary rules apply, except as specifically exempted, 
to activities within the GGNCA and adjacent public lands administered 
by the Bureau of Land Management (BLM) near Montrose, Colorado. These 
supplementary rules are in effect on a year-round basis and will remain 
in effect until modified by the authorized officer.

1. General Travel Management

    a. You must not enter an area designated as closed by a BLM sign or 
map.
    b. 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.

[[Page 18880]]

    c. You must not park in areas not designated for parking by a BLM 
sign or map.
    d. You must not launch or operate any motorized watercraft within 
the GGNCA or adjacent public lands.
    e. You must not operate any vehicle that produces sound exceeding 
96 decibels.
    f. You must not operate an off-highway vehicle (OHV) with any 
object or person attached or being towed in any manner unless the off-
road vehicle is designed and manufactured for such purposes.

2. Vehicle Size and Trail Width

    a. You must not operate any vehicle except a motorcycle, All 
Terrain Vehicle (ATV), or a Utility Terrain Vehicle (UTV) (50 inches in 
width or less) for motorized cross-country travel and/or play within 
the Flat Top-Peach Valley Recreation Area designated open areas.
    b. You must not operate any vehicle greater than 50 inches in width 
on any designated ATV/UTV routes.
    c. You must not operate any vehicle greater than 36 inches in width 
or with more than two wheels on any designated single track routes.

3. Firearms, Hunting, Target Shooting and Fireworks

    a. Within the GGNCA, you must not discharge a firearm of any kind, 
with the exception of licensed hunters, who are permitted to discharge 
firearms only when they are in legitimate pursuit of game during the 
proper season with appropriate firearms, as defined by the Colorado 
Division of Wildlife. Recreational or target shooting with any type of 
firearm is prohibited everywhere in the GGNCA at all times.
    b. On public lands adjacent to the GGNCA, you must not target shoot 
in areas closed to that use by a BLM sign or map.
    c. Target shooters must not shoot or discharge any weapon at any 
object containing glass, or other target material that can shatter and 
cause a public safety hazard as a result of the projectile impact or 
explosion.
    d. You must not engage in any activities involving the use of 
paintballs.
    e. Persons who shoot or discharge any weapon must remove and 
properly dispose of all shooting materials, including spent brass or 
shells, their containers, and any items used as targets.
    f. You must not discharge any weapon within five hundred yards of 
any developed recreation site or any other area that has been closed to 
discharge of firearms.
    g. You must not possess or discharge any fireworks.

4. Pets and Pack Stock

    a. You must not bring any animal into the GGNCA that is not 
controlled by visual, audible, or physical means.
    b. You must not leave any pets and/or pack stock unattended.
    c. You must remove and properly dispose of pet and/or pack stock 
solid waste when and where indicated by a BLM sign or map.

5. Special Recreation Permits and Registration

    a. You must register, purchase permits, and possess proof of 
permits as indicated by BLM sign or map.
    b. If you use the Gunnison Gorge Wilderness as ingress to or egress 
from the Black Canyon National Park, you must register and purchase a 
Gunnison Gorge Wilderness permit and possess proof of the permit while 
in the Wilderness.

6. Group Size Limits

    Exceeding group size limits, as indicated by a BLM sign or map, is 
prohibited.

7. Camping

    a. You must not camp in sites or areas not designated as open to 
camping by a BLM sign or map.
    b. Within the Gunnison Gorge Wilderness you must not camp in any 
site other than the designated campsite(s) reserved by you or your 
group through the Gunnison Gorge permit system.
    c. In designated campsites or camping areas, you must maintain 
quiet within normal hearing range of any other person or persons, 
between 10 p.m. and 6 a.m. in accordance with applicable state time 
zone standards.
    d. You must not leave personal belongings overnight in an 
unattended campsite.
    e. You must keep campsites free of trash, litter and debris during 
the period of occupancy and shall remove all personal equipment and 
clean sites upon departure.

8. Length of Stay

    a. Exceeding length of stay limits, as indicated by a BLM sign or 
map, is prohibited.
    b. 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. Campfires and Wood Collecting

    a. You must not cut, collect, or use live, dead or down wood except 
in areas designated open to such use by a BLM sign or map.
    b. 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.
    c. Where allowed, 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.
    d. When starting or maintaining a fire outside of a developed 
recreation site, you must not fail to contain and dispose of fire ashes 
and debris in the manner indicated by a BLM sign or map.
    e. You must not burn wood or other material containing nails, 
glass, or any metal.

10. Human Waste Disposal

    You must dispose of solid human waste as indicated by a BLM sign or 
map.

11. Other Use Authorizations

    You must not violate any terms, conditions or stipulations of any 
permit or other authorization issued for special use of these public 
lands.
    Exemptions: The following persons are exempt from these 
supplementary rules: Any Federal, State, local and/or military employee 
in the scope of their duties; members of any organized rescue or fire-
fighting force in performance of an official duty; and persons, 
agencies, municipalities, or companies holding an existing special-use 
permit inside the GGNCA and operating within the scope of their permit.
    Definitions: For the purpose of these supplementary rules, the 
following definitions apply unless modified within a specific part or 
regulation:
    Adjacent public lands means those non-GGNCA BLM public lands 
immediately adjacent to the GGNCA and/or the Black Canyon of the 
Gunnison National Park whose management is addressed under the 2004 
GGNCA Resource Management Plan (RMP). These lands include: Black Ridge, 
Fruitland Mesa, West Peach Valley, Flat Top, East Flat Top, and Jones 
Draw lands.
    All Terrain Vehicle (ATV) or Utility Terrain Vehicle (UTV) means 
off-road vehicles 50 inches or less in overall width and weighing no 
more than 800 pounds.
    Camping means erecting a tent or a shelter of natural or synthetic 
materials, preparing a sleeping bag or other bedding material for use, 
or parking a motor vehicle, motor home, or trailer for the purpose or 
apparent purpose of overnight occupancy while engaged in

[[Page 18881]]

recreational activities such as hiking, hunting, fishing, bicycling, 
sightseeing, off-road vehicle activities, or other generally recognized 
forms of recreation.
    Designated campsite or site means a specific location identified by 
the BLM for camping or other purposes. Designated sites include 
individual sites in developed campgrounds that contain picnic tables, 
shelters, parking sites, and/or grills; dispersed campsites containing 
a sign and natural or man-made parking barricades denoting a designated 
camping area; and other use areas specifically designated by signs for 
use by a certain user type including, but not limited to hikers, 
boaters, equestrians, commercial outfitters, organized groups, or OHV 
users.
    Designated route means roads and trails open to motorized vehicle 
use and identified on a map of designated roads and trails that is 
maintained and available for public inspection at the BLM Uncompahgre 
Field Office, Montrose, Colorado. Designated roads and motorized trails 
are open to public use in accordance with such limits and restrictions 
as are, or may be, specified in the RMP or in future decisions 
implementing the RMP. However, any road or trail with any restrictive 
signing or physical barrier, including gates, fences, posts, branches, 
or rocks intended to prevent use of the road or trail is not a 
designated motorized road or motorized trail.
    Developed recreational site means any site or area that contains 
structures or capital improvements primarily used by the public for 
recreation purposes. Such areas or sites may include such features as: 
Delineated spaces or areas for parking, camping or boat launching; 
sanitation facilities; potable water; grills or fire rings; tables; or 
controlled access.
    Flat Top-Peach Valley Recreation Area means the Flat Top-Peach 
Valley Special Recreation Management Area designated in the 2004 GGNCA 
RMP. The recreation area contains developed recreation sites, open 
riding areas where cross-country travel is permitted, and designated 
routes and encompasses approximately 9,754 acres of public lands in 
Montrose County including lands both within and outside the GGNCA.
    Gunnison Gorge Wilderness means the congressionally designated 
Wilderness Area within the GGNCA. The Wilderness is managed by the BLM 
as a Special Recreation Management and Wilderness Area and encompasses 
approximately 17,784 acres of public lands in Montrose and Delta 
counties.
    Gunnison Gorge permit system means the mandatory self-issuing 
special recreation permit (SRP) and registration system that applies to 
all users 16 years of age and older in the Gunnison Gorge Wilderness. 
Users are required to sign in at a Wilderness trailhead or the Chukar 
boater put-in site, pay applicable day-use or camping fees, and reserve 
the designated boater or hiker campsite(s) they intend to use during 
their stay.
    Motorized watercraft means any craft operated upon water that is 
self-propelled by a non-living power source, including electric power.
    Off-highway vehicle(OHV) or off-road vehicle (ORV) means any 
motorized vehicle capable of, or designated for, travel on 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; and (5) any combat or combat-support vehicle when used in 
times of national defense emergencies.
    Utility Terrain Vehicle (UTV) means any multi-passenger off-highway 
vehicle most commonly known as UTVs (Utility Terrain Vehicle or just 
Utility Vehicle) or Side-by-Side Vehicles; they are also known as SxS, 
RUV (Recreational Utility Vehicle) or MUV (Multi-Use Vehicle). They are 
called Side-by-Side Vehicles because a driver and passenger(s) sit 
side-by-side in the vehicle.
    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.

David B. Hunsaker,
Acting State Director.
[FR Doc. 2010-8395 Filed 4-12-10; 8:45 am]
BILLING CODE 4310-JB-P