[Federal Register Volume 75, Number 111 (Thursday, June 10, 2010)]
[Notices]
[Pages 32968-32971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13960]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCO910000, L71220000.PN0000, LVTFC002CO00]


Final Supplementary Rules for Public Land Administered by the 
Bureau of Land Management in Colorado Relating to Camping and Occupancy 
of Public Lands

AGENCY: Bureau of Land Management, Interior.

ACTION: Final supplementary rules for public lands in Colorado.

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SUMMARY: The Bureau of Land Management (BLM) is amending supplementary 
rules relating to camping on public lands in Colorado. These rules 
extend the time the public must remain absent from a site once the 
current 14-day camping stay limit is reached. They also require that 
once campers have camped for 14 days, they must move away from that 
particular location for 30 days, rather than seven days, before 
returning. These rules are needed to further protect natural resources 
and provide for public health and safety. These supplementary rules 
will be more consistent with camping and occupancy regulations on 
public lands in other western states.

DATES: Effective Date: These rules are effective July 12, 2010.

ADDRESSES: You may send inquiries by mail to the Office of Law 
Enforcement, BLM, Colorado State Office, 2850 Youngfield Street, 
Lakewood, Colorado 80215, or by e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: John Bierk, Colorado State Office, 
2850 Youngfield Street, Lakewood, CO 80215, telephone (303) 239-3893. 
Persons who use a telecommunications device for the deaf (TDD) may 
contact this individual by calling the Federal Information Relay 
Service (FIRS) at (800) 877-8339, 24 hours a day, seven days a week.

SUPPLEMENTARY INFORMATION: 
I. Authority
II. Background
III. Discussion of Public Comments
IV. Discussion of Final Rule
V. Procedural Matters

I. Authority: 43 U.S.C. 1740, 43 U.S.C. 315a, and 43 CFR 8365.1-6

II. Background

    The BLM proposed these supplementary rules in the Federal Register 
(73 FR 6999) on Feb. 6, 2008, to update supplementary rules published 
in 1990 that were no longer effective in managing camping and occupancy 
on public land. In addition, the 1990 supplementary regulations were 
inconsistent with the camping and occupancy regulations on public land 
in other western states.

III. Discussion of Public Comments

    The BLM received no comments on the proposed rules.

IV. Discussion of Final Rule

    The BLM revised the final rule to clarify the description of 
locations to include campgrounds, clarify the 14-day stay limit, and 
clarify penalties under the Taylor Grazing Act of 1934. The BLM revised 
the final rule to change the amount of time unattended property could 
be left on public land from 24 hours to 48 hours. This change was made 
so that legitimate and authorized recreational use was not adversely 
affected. In the final rule, unattended property in day use areas was 
excluded so the final rule would remain consistent with time limits 
found in 43 CFR 8365.2-3(c). Prohibited acts 6, 7, and 9 in the 
proposed supplemental rules were removed because similar regulations 
already exist in Title 43 CFR. The BLM also revised the final rule to 
change the time when fees need to be paid upon entering a fee site from 
30 minutes after occupying any camp

[[Page 32969]]

site to within 30 minutes of entering the fee area. Otherwise, with the 
exception of minor non-substantive grammatical and formatting changes, 
the final rules remain as proposed.
    The current camping stay limit was published in the Federal 
Register (55 FR 13672) on April 11, 1990, and, while it limited 
occupancy of any site to 14 days, it only required departure for seven 
days, or removal to a new site no less than three miles away before 
returning to the site. As a result, certain users have taken advantage 
of the existing rules and established long-term residency under the 
pretext of camping. Residential occupancy, which frequently includes 
illegal campfire use, vegetation trampling, unauthorized vehicle use, 
and trash dumping, often interferes with legitimate recreational use of 
public lands, creates sanitation and other potential health concerns, 
causes damage to resources, and occasionally poses dangers to other 
visitors. These new rules differ from the notice published in 1990 by 
increasing the distance campers must move after reaching the 14-day 
limit from three miles to 30 miles, consistent with camping regulations 
on public lands in other western states. The 1990 notice stated that 
following the 14-day period, people may not relocate within that area 
for a minimum of seven days; these rules extend that time period to 30 
days, also consistent with camping regulations on public lands in other 
western states. Additional provisions limit the occurrence of 
unattended campsites that are being established for the purpose of 
securing campsite locations for later use.
    These supplementary rules apply to all public lands in Colorado. 
These rules are necessary to enhance the protection of natural 
resources, provide for safe public recreation and public health, reduce 
the potential for damage to the environment, encourage greater fee 
compliance, and improve the safety of public land users. Individual 
field offices may issue separate regulations relating to camping and 
occupancy that are more, but not less, restrictive. This notice does 
not affect more restrictive camping limits that may already be in place 
for certain areas.

V. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These supplementary rules would 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 would not have an effect of $100 million or more on the economy. 
They would 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 would not create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency. 
These supplementary rules would 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.

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 these 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 
addresses specified in the ADDRESSES section.

National Environmental Policy Act

    The BLM prepared an environmental assessment (EA) and found that 
the supplementary rules do 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 BLM placed the EA and the Finding of 
No Significant Impact on file in the BLM Administrative Record, and 
invites the public to review these documents 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 supplementary rules merely 
establish rules of conduct for camping and occupancy on 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 do not constitute a ``major rule'' as 
defined in 5 U.S.C. 804(2). The supplementary rules pertain only to 
individuals who may wish to occupy public lands for residential 
purposes under the pretext of camping, or maintain, construct, place, 
occupy or use any structure in violation of state or county health, 
building, sanitation or fire codes. In this respect, the regulation of 
such use is necessary to protect public lands, the facilities, and 
people, including small business concessionaires and outfitters, who 
use them. The supplementary rules do not affect commercial or business 
activities of any kind.

Unfunded Mandates Reform Act

    These supplementary rules would not impose an unfunded mandate on 
state, local or tribal governments or the private sector of more than 
$100 million per year; nor would they have a significant or unique 
effect on small governments. The rules would 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 the use 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 would not represent a government action 
capable of interfering with constitutionally protected property rights. 
Therefore, the Department of the Interior has determined that the 
supplementary rules would not cause a taking of private property or 
require further discussion of takings implications under this Executive 
Order.

[[Page 32970]]

Executive Order 13132, Federalism

    The supplementary rules would 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. Therefore, in accordance with 
Executive Order 13132, the BLM has determined that these supplementary 
rules would not have sufficient Federalism implications to warrant 
preparation of a Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the BLM has determined that these 
supplementary rules would not unduly burden the judicial system and 
that they meet the requirements of sections 3(a) and 3(b)(2) of 
Executive Order 12988.

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.

Paperwork Reduction Act

    The supplementary rules would not directly provide for any 
information collection 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 that may result from Federal criminal 
investigations or prosecutions conducted under these supplementary 
rules are exempt from the provisions of 44 U.S.C. 3518(c)(1).

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

    Under Executive Order 13211, the BLM has determined that the 
supplementary rules would not comprise a significant energy action, and 
that they would not have an adverse effect on energy supplies, 
production, or consumption.

Author

    The principal author of these supplementary rules is John Bierk, 
State Staff Ranger, Bureau of Land Management, Colorado State Office, 
2850 Youngfield Street, Lakewood, CO 80215.

Final Supplementary Rules for Public Land Administered by the Bureau of 
Land Management in Colorado Relating to Camping and Occupancy of Public 
Land

    For the reasons stated in the preamble, and under the authorities 
for supplemental rules found at 43 U.S.C. 1740, 43 U.S.C. 315a, and 43 
CFR 8365.1-6, the Colorado State Director, Bureau of Land Management 
(BLM) issues these supplementary rules for public lands managed by the 
BLM in Colorado, to read as follows:

Definitions

    Camping means the erecting of a tent or shelter of natural or 
synthetic material; preparing a sleeping bag or other bedding material 
for use; parking of a motor vehicle, motor home or trailer; or mooring 
of a vessel for the apparent purpose of overnight occupancy while 
engaged in recreational activities such as hiking, hunting, fishing, 
bicycling, sightseeing, off-road vehicle activities, or other generally 
recognized forms of recreation.
    Campground means any area specifically designated for overnight 
camping.
    Developed Campground means any campground that has been improved 
specifically for camping purposes and may include designated campsites, 
delineated spaces, structures, or improvements typically provided for 
camping purposes. Structures and improvements may include, but are not 
limited to, picnic tables, grills or fire rings, sanitary facilities, 
trash receptacles, potable water, locks, and information kiosks. User 
fees may be charged for the use of developed campgrounds and 
improvements.
    Day Use Area means any area open for public access only during 
daylight hours, typically between sunrise and sunset, or where specific 
hours of operation have been identified. Overnight use in these areas 
is specifically prohibited.
    Designated Recreation Area means an area officially designated by 
official order or notice, or identified in planning documents in which 
the BLM has determined the resources require special management and 
control measures for resource protection.
    Fee Area means any area open for public access where fees for use 
of the area are charged.
    Occupancy means full or part-time residence on public lands for 
non-recreational purposes, such as temporary residence in connection 
with, or while seeking, employment in the vicinity, or because another 
permanent residence is not available. It also means activities that 
involve residence, such as the construction, presence, or maintenance 
of temporary or permanent structures that may be used for such 
purposes, or the use of a watchman or caretaker for the purpose of 
monitoring activities. Residence or structures include, but are not 
limited to, barriers to access, fences, tents, motor homes, trailers, 
cabins, houses, buildings, and storage of equipment or supplies.

Prohibited Acts

    Unless otherwise authorized, the following acts are prohibited on 
public lands within Colorado:
    1. You must not camp longer than 14 days in any 30-day period, at 
any one location, including any campground on public land.
    2. After the 14 days have been reached, you must move at least 30 
air miles away from the previously occupied location.
    3. You must not leave any personal property or refuse after 
vacating the campsite. This includes any property left for the purposes 
of use by another camper or occupant.
    4. You must not leave personal property unattended in a campground, 
designated recreation area, or on any other public lands for more than 
48 hours. Vehicles left parked for the purpose of overnight camping, 
hiking, river rafting or other authorized recreation activities are 
exempt.
    5. You must not establish occupancy, take possession of, or 
otherwise use public lands for residential purposes except as allowed 
under 43 CFR 3715.2, 3715.2-1, 3715.5, 3715.6, or with prior written 
authorization from the BLM.
    6. If an area charges fees, you must register if required, and pay 
fees within 30 minutes of entering the fee area.
    7. You must not violate any State of Colorado or county laws or 
regulations relating to public health, safety, sanitation, building or 
fire codes while camping, occupying, or using public land.

Exemptions

    The following persons are exempt from these rules: Any Federal, 
state, or local officer or employee acting within the scope of their 
duties; members of any organized rescue or fire-fighting force in 
performance of an official duty; and any person authorized, in writing, 
by the BLM.

Penalties

    Under the Taylor Grazing Act of 1934, 43 U.S.C. 315a, any willful 
violation of these supplementary rules on public

[[Page 32971]]

lands within a grazing district shall be punishable by a fine of not 
more than $500.
    Under section 303(a) of the Federal Land Policy and Management Act 
of 1976, 43 U.S.C. 1733(a) and 43 CFR 8360.0-7, any person who violates 
any of these supplementary rules on public lands within Colorado may be 
tried before a United States Magistrate and fined no more than $1,000, 
imprisoned for no more than 12 months, or both. Such violations may 
also be subject to the enhanced fines provided for by 18 U.S.C. 3571.

Lynn E. Rust,
Acting State Director.
[FR Doc. 2010-13960 Filed 6-9-10; 8:45 am]
BILLING CODE 4310-JB-P