[Federal Register Volume 75, Number 127 (Friday, July 2, 2010)]
[Notices]
[Pages 38540-38543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16148]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCON04000-L12200000-PA0000]


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

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Final Supplementary Rules.

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SUMMARY: The Bureau of Land Management (BLM) Grand Junction Field 
Office (GJFO) is implementing 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 (RMP) to provide for the protection of persons, 
property, and public lands and resources.

DATES: These rules are effective August 2, 2010.

ADDRESSES: You may send inquiries to the Bureau of Land Management, 
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].

SUPPLEMENTARY INFORMATION:

I. Background

    These final supplementary rules apply to the 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, and was renamed

[[Page 38541]]

in honor of Representative Scott McInnis by Public Law 108-400 on 
January 1, 2005.
    The MCNCA is located 10 miles west of Grand Junction, Colorado, 
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 final supplementary rules will help the BLM achieve management 
objectives and implement decisions in the MCNCA RMP approved on October 
24, 2004.

II. Discussion of Public Comments

    The BLM GJFO proposed these supplementary rules in the Federal 
Register on July 13, 2009 (74 FR 33466). Public comments were accepted 
for a period of 60 days ending on September 11, 2009. The BLM received 
one comment from the Colorado Division of Wildlife (CDOW). The CDOW 
comment asked the BLM to consider revising the supplementary rule 
(8) addressing areas designated as ``day use.'' The CDOW 
encouraged the BLM to modify the rule to allow hunters in these areas 
during periods of darkness. Pursuant to Colorado State law, hunters in 
the legitimate pursuit of game are authorized to hunt 30 minutes before 
sunrise and 30 minutes after sunset.
    BLM Response: The BLM agrees with this additional clarification and 
changed the supplementary rule (8) addressing ``day use 
areas'' to allow legitimate hunters in the pursuit of game to access 
``day use'' areas during the time periods defined as ``legal hunting 
hours'' by the CDOW.

III. Discussion of the Supplementary Rules

    In preparing the RMP, the BLM sought public review of four 
alternatives including its preferred alternative. The preferred 
alternative incorporated an adaptive management approach to allow 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 MCNCA. Many of the final 
supplementary rules apply to the entire area but some apply to specific 
areas within the MCNCA. The final supplementary rules are written to 
allow for the management flexibility that is available under the 
principles of adaptive management.

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; and they do not raise novel legal or policy issues. These 
supplementary rules are merely rules of conduct for public use of a 
limited area of public lands.

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 final supplementary rules easier to understand, including 
answers to questions such as the following:
    (1) Are the requirements in the final supplementary rules clearly 
state?
    (2) Do the final supplementary rules contain technical language or 
jargon that interferes with their clarity?
    (3) Does the format of the final 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 final supplementary rules in the 
SUPPLEMENTARY INFORMATION section of this preamble helpful to your 
understanding of the Final supplementary rules? How could this 
description be more helpful in making the Final 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

    In July 2004, the BLM completed an environmental impact statement 
(EIS) as part of the development of the Proposed RMP and Final EIS for 
the Colorado Canyons National Conservation Area (now McInnis Canyons 
National Conservation Area), which includes the Black Ridge Canyons 
Wilderness. During the National Environmental Policy Act process, 
proposed decisions were fully analyzed, including the substance of 
these supplementary rules. The pertinent analysis can be found in 
Chapter 2, Alternatives, of the RMP. The Record of Decision for the RMP 
was signed by the BLM Colorado State Director in October 2004. These 
final supplementary rules provide for implementation of the 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. These 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

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

[[Page 38542]]

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 
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, 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 BLM 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. The supplementary rules do not affect land held for the 
benefit, nor impede the rights of Indians or Alaska Natives.

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

    These final supplementary rules do not comprise a significant 
energy action. The rules will not have an adverse effect on energy 
supplies, production, or consumption. The rules would have no 
conceivable connection with energy policy.

Executive Order 13352, Facilitation of Cooperative Conservation

    In accordance with Executive Order 13352, the BLM has determined 
that these supplementary rules will not impede facilitating cooperative 
conservation; will take appropriate account of and consider the 
interests of persons with ownership or other legally recognized 
interests in land or other natural resources; properly accommodate 
local participation in the Federal decision-making process; and provide 
that the programs, projects, and activities are consistent with 
protecting public health and safety. These rules merely establish rules 
of conduct for recreational use of certain public lands.

Paperwork Reduction Act

    These 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, as provided at 44 U.S.C. 3518(c)(1).

Information Quality Act

    In developing these supplementary rules, the BLM did not conduct or 
use a study, experiment or survey requiring peer review under the 
Information Quality Act (Section 515 of Pub. L. 106-554).

Author

    The principal author of this supplementary rule is Eric Boik, Law 
Enforcement Officer, Bureau of Land Management Colorado, Grand Junction 
Field Office, Grand Junction, CO.
    For the reasons stated in the preamble, and under the authorities 
for supplementary rules found at 43 U.S.C. 1740 and 43 CFR 8365.1-6, 
the Colorado State Director, Bureau of Land Management, issues 
supplementary rules for public lands managed by the BLM in Colorado, to 
read as follows:

Final Supplementary Rules for Public Lands in Colorado: McInnis Canyons 
National Conservation Area

    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 (BLM) near Grand Junction, Colorado. These 
supplementary rules are in effect on a year-round basis and will remain 
in effect until modified by the authorized officer.

Prohibited Acts

    1. You must not camp in sites or areas not designated as open to 
camping by a BLM sign or map.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
    6. 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. Licensed 
hunters in legitimate pursuit of game during the proper season may 
access and remain in day use-only areas during the time periods defined 
as legal hunting hours by the Colorado Division of Wildlife.
    7. You must not park in areas not designated for parking by a BLM 
sign or map.
    8. Exceeding group size limits, as indicated by a BLM sign or map, 
is prohibited.
    9. Exceeding length of stay limits, as indicated by a BLM sign or 
map, is prohibited.
    10. Individuals and/or groups must register and possess proof of 
registration as indicated by a BLM sign or map.
    11. 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.
    12. 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

[[Page 38543]]

appropriate firearms, as defined by the Colorado Division of Wildlife, 
are exempt from this rule.
    13. You must not collect or disturb rocks, minerals, fossils, 
chipped rocks, arrowheads, or other paleontological, prehistoric or 
historical artifacts.
    14. You must not enter an area that is designated as closed by a 
BLM sign or map.
    15. You must remove and properly dispose of canine solid waste when 
and where indicated by a BLM sign or map.
    16. You must not bring any dog into the MCNCA that is not 
controlled by visual, audible, or physical means.
    17. You must not burn wood or other material containing nails, 
glass, or any metal.
    18. 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 in the scope of their 
duties;
    B. Members of any organized rescue or fire-fighting force in 
performance of an official duty;
    C. Persons, agencies, municipalities, or companies holding an 
existing special-use permit inside the MCNCA and operating within the 
scope of their permit.

Penalties

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

Anna Marie Burden,
Acting State Director.
[FR Doc. 2010-16148 Filed 7-1-10; 8:45 am]
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