[Federal Register Volume 76, Number 196 (Tuesday, October 11, 2011)]
[Notices]
[Pages 62827-62830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26184]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCON01000 L12200000.PN0000]


Notice of Final Supplementary Rules for Public Lands in Routt 
County, CO: Emerald Mountain Special Recreation Management Area

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Final Supplementary Rules.

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SUMMARY: The Bureau of Land Management (BLM) Little Snake Field Office 
is issuing final supplementary rules to regulate conduct on specific 
public lands within Routt County, Colorado. The rules apply to the 
Emerald Mountain Special Recreation Management Area (SRMA), also known 
as Emerald Mountain. The BLM determined these rules are necessary to 
protect Emerald Mountain's natural resources and provide for public 
health and safety.

DATES: These rules are effective November 10, 2011.

ADDRESSES: You may submit inquiries by the following methods: Mail or 
hand-delivery: BLM, Little Snake Field Office, 455 Emerson Street, 
Craig, Colorado 81625.

FOR FURTHER INFORMATION CONTACT: Gina Robison, Outdoor Recreation 
Planner, BLM Little Snake Field Office (see ADDRESSES listed above); or 
by phone at (970) 826-5000. Persons who use a telecommunications device 
for the deaf (TDD) may call the Federal Information Relay Service 
(FIRS) at (800) 877-8339 to contact the above individual during normal 
business hours. The FIRS is available 24 hours a day, 7 days a week, to 
leave a message or question with the above individual. You will receive 
a reply during normal business hours.

SUPPLEMENTARY INFORMATION:

I. Background
II. Discussion of Public Comments and Final Supplementary Rules
III. Procedural Matters
IV. Final Supplementary Rules

I. Background

    Prior to the BLM's ownership on February 22, 2007, the Emerald 
Mountain parcel was owned by the Colorado State Land Board and closed 
to the general public with the exception of permitted agriculture and 
hunting. Since 2007 the area has been managed as a day use area and has 
remained closed to motorized vehicle use. A wide variety of 
recreational uses are allowed and occur on the parcel including biking, 
hiking, hunting, horseback riding, sightseeing, and wildlife viewing. 
This wide variety of use has resulted in user conflicts and the need 
for additional management actions to address user conflicts, impacts to 
natural resources, and public safety concerns.
    Emerald Mountain is a 4,139-acre parcel of public land in Routt 
County, Colorado. The parcel is surrounded by private land, a Colorado 
Division of Wildlife State Wildlife Area and property owned by the 
Colorado State Land Board. Cow Creek Road (Routt County Road 45) 
provides legal public access to Emerald Mountain.
    These final supplementary rules would apply to Emerald Mountain 
SRMA, identified as follows:

Routt County, Colorado

Sixth Principal Meridian

T. 6 N., R. 85 W.,
    Secs. 13, 15, 22, 23, 24, 25, 26, 27, 34, 35, and portions 
thereof.

    A map of the area is available at the Little Snake Field Office.

    Emerald Mountain is managed as an SRMA with two adjoining 
Recreation Management Zones. Zone 1 is managed under a destination 
recreation-tourism market strategy. The strategy targets Steamboat 
Springs-area visitors, including local residents, wanting to 
participate in strenuous and challenging mountain biking and Nordic 
skiing on primitive trails that are close to the town. Zone 2 is 
managed under a community recreation market strategy, primarily for 
Steamboat Springs area

[[Page 62828]]

residents to engage in wildlife viewing, hiking and horseback riding in 
a backcountry setting. Both zones are open to hunting. Other recreation 
activities are allowable to the extent they are compatible with the 
primary targeted activities. Both areas are closed to recreational 
motorized use.
    These final supplementary rules implement management decisions made 
in the Emerald Mountain Land Exchange Environmental Assessment (EA)/
Plan Amendment approved in October 2006; the Recreation Activity 
Management Plan and Transportation Management Plan (RAMP/TMP Phase 1) 
approved in June 2007; and the Emerald Mountain SRMA Implementation 
Plan Amendment approved in December 2008, which further defined the 
final supplementary rules. These documents are available for review at 
the BLM Little Snake Field Office. The Emerald Mountain SRMA 
Implementation Plan Amendment included considerable public involvement 
and review, including six public meetings held at three separate 
locations.

II. Discussion of Public Comments and Final Supplementary Rules

    The BLM published proposed supplementary rules in the Federal 
Register on August 18, 2010 (75 FR 51107). The public comment period 
ended September 17, 2010. The BLM received seven public comments, three 
of which were in support of the proposed supplementary rules.
    Of the four opposing comments, three opposed proposed supplementary 
rule number 5, requiring non-working dogs to be on a leash, but 
allowing working dogs to be off-leash during legal hunting periods when 
controlled by someone legally hunting or when working as cattle dogs. 
Two of the opposing comments suggested that dogs should be allowed off-
leash while under voice control. The BLM has not revised the proposed 
supplementary rules in response to these comments because changes would 
result in conflicts with the SRMA's goal of protecting wildlife 
resources. The leash requirements in the final supplementary rules 
allow recreationists and other members of the public to have dogs 
within the Emerald Mountain SRMA but provide for the protection of 
wildlife resources.
    The third opposing comment to rule number 5 suggested that 
restraining a dog on a leash would not work when grouse hunting. In 
response to this comment, the BLM has revised the proposed 
supplementary rules by adding a definition of ``working dog'' to mean a 
dog suitable by size, breeding or training for useful work such as 
hunting or livestock herding. The definition of ``working dog'' was 
inadvertently left out of the proposed supplementary rules and was 
added to the final supplementary rule for clarity. The BLM revised 
final supplementary rule number 5 to be consistent with the new 
definition of ``working dog.''
    The final opposing comment concerned game carts not being allowed 
in Zone 2 of the Emerald Mountain SRMA. This individual felt that game 
carts should be allowed in all zones for the purpose of retrieving big 
game. The BLM has not revisited the rules in response to this comment 
because the suggested change would be in conflict with land use 
planning decisions that restrict mechanized use in Zone 2. 
Comprehensive travel management planning addresses all resource use 
aspects, accompanying modes and conditions of travel on the public 
lands. Land use plan decisions must delineate Travel Management Areas 
(TMAs). Zone 2 of the Emerald Mountain SRMA was delineated for non-
mechanized use only.
    The BLM revised the proposed supplementary rules by listing the 
definitions in alphabetical order, deleting the definition of 
``official use'' and adding the definition of ``official duty'' in the 
final supplementary rules. ``Official duty'' means use by an employee, 
agent or designated representative of the Federal government or one of 
its contractors, in the course of his or her employment, agency or 
representation. The term ``official use'' was defined in the proposed 
supplementary rules, but was not referenced in the proposed or final 
supplementary rules. The term ``official duty'' is listed in the 
exemptions in both the proposed and final supplementary rules.
    The BLM also revised the proposed supplementary rules by adding 
penalties under the Taylor Grazing Act, which were inadvertently 
omitted in the proposed supplementary rules.

III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    The final 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. They do not have an 
annual effect of $100 million or more on the economy. They do 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 do not create a 
serious inconsistency or otherwise interfere with an action taken or 
planned by another agency. They do not materially alter the budgetary 
effects of entitlements, grants, user fees, loan programs, or the 
rights or obligations of their recipients, nor do they raise novel 
legal or policy issues. The final supplementary rules merely establish 
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. 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 
or 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 supplementary rules in the 
SUPPLEMENTARY INFORMATION section of this preamble helpful to your 
understanding of 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 supplementary 
rules to the address specified in the ADDRESSES section.

National Environmental Policy Act of 1969

    The BLM prepared two EAs: the Emerald Mountain Land Exchange EA/
Plan Amendment (EA CO-100-2006-089) and the Recreation Activity 
Management Plan and Transportation Management Plan (EA CO-100-2007-
057). The impacts of the proposed supplemental rules were analyzed in 
both documents. The proposed supplementary rules were published in the 
Federal Register on August 18, 2010 (75 FR 51107). There has been no 
change from the proposed supplementary rules to the final supplementary 
rules that would necessitate further NEPA analysis. The final 
supplementary rules would merely establish rules of conduct for public 
use of a limited area of public lands. Therefore, based on the 
foregoing, the

[[Page 62829]]

BLM has determined that these final 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 BLM 
has placed both EA's and Findings of No Significant Impact 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 proportionately 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 
merely establish rules of conduct for public use of a limited area of 
public lands. Therefore, the BLM has determined under the RFA that 
these rules would not have a significant economic impact on a 
substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act

    These final 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

    These final supplementary rules will 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 will they have a 
significant or unique effect on small governments. The final 
supplementary rules will have no effect on governmental or tribal 
entities and will impose no requirements on any of these entities. The 
final supplementary rules merely establish rules of conduct for public 
use of a limited area 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 final supplementary rules do not represent a government action 
capable of interfering with constitutionally protected property rights. 
Therefore, the BLM has determined that the final supplementary rules 
will not cause a taking of private property or require further 
discussion of takings implications under this Executive Order.

Executive Order 13132, Federalism

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

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the BLM determined that these final 
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, the BLM initiated 
consultation with the following Native American tribes regarding the 
proposed Emerald Mountain Land Exchange project in September 2004: 
Southern Ute Tribe, Ute Mountain Ute Tribal Council, Colorado 
Commission of Indian Affairs, and the Uintah and Ouray Tribal Council. 
The tribes did not identify any concerns regarding traditional or 
religious cultural properties in the Emerald Mountain SRMA. These 
supplementary rules would not affect Indian land, resources, or 
religious rights.

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

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

Paperwork Reduction Act

    The final supplementary rules do 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. Moreover, any information collection that may result from Federal 
criminal investigations or prosecutions conducted under these rules are 
exempt from the provisions of 44 U.S.C. 3518(c)(1).

Author

    The principal author of these final supplementary rules is Gina 
Robison, Outdoor Recreation Planner, BLM Little Snake Field Office.

IV. Final Supplementary Rules

    For the reasons stated in the Preamble, and under the authority of 
the Federal Land Policy and Management Act (FLPMA), 43 U.S.C. 1733 and 
1740, 43 U.S.C. 315a, 43 CFR 8364.1, and 43 CFR 8365.1-6, the BLM 
Colorado State Director establishes the following final supplementary 
rules for public lands within the Emerald Mountain SRMA.
Final Supplementary Rules for the Emerald Mountain Special Recreation 
Management Area
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 a motor vehicle, motor home or trailer; or mooring a 
vessel for the apparent purpose of overnight occupancy.
    Designated Trail means a trail developed, maintained, and 
explicitly identified for public use by the BLM. All designated trails 
will be identified by a combination of trailhead maps and on-site 
signage listing allowable uses.
    Firearm or Other Projectile Shooting Device means all firearms, air 
rifles, pellet and BB guns, spring guns, bows and arrows, slings, paint 
ball markers, other instruments that can propel a projectile (such as a 
bullet, dart or pellet by combustion, air pressure, gas pressure or 
other means) or any instrument that can be loaded with and fire blank 
cartridges.
    Mechanized Transport means any vehicle, device or contrivance for 
moving people or material in or over land, water, snow or air that has 
moving parts, including, but not limited to, bicycles, game carriers, 
carts and wagons. The term does not include

[[Page 62830]]

wheelchairs, horses or other pack stock, skis or snowshoes.
    Motorized Vehicle means any self-propelled device in, upon or by 
which any person or property is or may be propelled, moved or drawn, 
including, but not limited to, cars, trucks, vans, motorcycles, all-
terrain vehicles, motor-driven cycles, motorized scooters, motorized 
skateboards and snowmobiles. ``Motorized vehicle'' does not include a 
self-propelled wheelchair, invalid tricycle or motorized quadricycle 
when operated by a person who, by reason of physical disability, is 
otherwise unable to move about as a pedestrian.
    Official Duty means use by an employee, agent or designated 
representative of the Federal government or one of its contractors, in 
the course of his employment, agency or representation.
    Working Dog means a dog suitable by size, breeding or training for 
useful work such as hunting or livestock herding.
Prohibited Acts
    Unless otherwise authorized by the Little Snake Field Manager, the 
following rules apply within the Emerald Mountain SRMA boundary:
    1. Camping and overnight use is prohibited. The area is closed 
between sunset and sunrise, except for lawful hunting licensed periods 
and for retrieval of legally-taken game. Hunters are not allowed to 
camp overnight.
    2. No mechanized transport activities are allowed within Zone 2, 
including game carts.
    3. No person or persons shall discharge a firearm or other 
projectile shooting device of any kind, including those used for target 
shooting or paintball, except licensed hunters in pursuit of game 
during the proper season with appropriate firearms, as defined by the 
Colorado Division of Wildlife (CDOW), Section 33-1-102, Colorado 
Revised Statutes, Article IV, Number 004: Manner of Taking Wildlife.
    4. Zone 2 and trails south of Ridge Trail in Zone 1 are closed to 
the public from December 1 to June 30 to protect wintering and calving 
elk.
    5. Non-working dogs must be on a six-foot or less hand-held leash 
at all times. Working dogs are allowed off-leash only during legal 
hunting periods when controlled by someone legally hunting, or when 
working to herd livestock.
    6. Fires are not allowed except at the trailheads 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.
    7. Possession of glass containers is prohibited.
    8. The entire area is designated closed to motorized vehicle 
travel, with the exception of Cow Creek Road (Routt County Road 45). 
The closure excludes:
    (a) Any military, fire, emergency or law enforcement vehicle being 
used for emergency purposes;
    (b) Any vehicle expressly authorized by the authorized officer, or 
otherwise officially approved (e.g., grazing permittee, CDOW, Routt 
County personnel).
Exemptions
    The following persons are exempt from these supplementary rules: 
any Federal, state, local and/or military employee acting within the 
scope of their official duties; members of any organized rescue or 
fire-fighting force performing an official duty; and persons, agencies, 
municipalities or companies holding an existing special-use permit 
inside the SRMA 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, and within the boundaries established in the rules shall be 
punishable by a fine of not more than $500 or,
    Under Section 303(a) of FLPMA, 43 U.S.C. 1733(a), 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 $1,000 or 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.

Helen M. Hankins,
State Director.
[FR Doc. 2011-26184 Filed 10-7-11; 8:45 am]
BILLING CODE 4310-JB-P