[Federal Register Volume 76, Number 216 (Tuesday, November 8, 2011)]
[Notices]
[Pages 69281-69282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28511]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCOF02000 L71220000.EA0000 LVTFC09C6050]


Notice of Availability of the Record of Decision for the Over The 
River \TM\ Art Project, Colorado

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of availability.

-----------------------------------------------------------------------

SUMMARY: In accordance with the National Environmental Policy Act of 
1969 (NEPA), as amended, and the Federal Land Policy and Management Act 
of 1976 (FLPMA), as amended, the Bureau of Land Management (BLM) 
announces the availability of its Record of Decision (ROD) to issue a 
land-use permit authorizing the construction, display, and removal of 
the proposed Over The River \TM\ Art Project (OTR). The ROD is 
effective immediately upon publication of this notice.

ADDRESSES: Copies of the ROD are available for public inspection at the 
BLM Royal Gorge Field Office, 3028 East Main Street, Ca[ntilde]on City, 
CO 81212; the BLM Colorado State Office, 2850 Youngfield St., Lakewood, 
CO 80215; Ca[ntilde]on City Public Library, 516 Macon Ave., 
Ca[ntilde]on City, CO 81212; Salida Regional Library, 405 E. St., 
Salida, Colorado 81201; Arkansas Headwaters Recreation Area office, 307 
West Sackett Ave., Salida, CO 81201; Denver Public Library, 10 W. 
Fourteenth Ave. Parkway, Denver, Colorado 80204; and the Cotopaxi 
Store, 20204 U.S. Highway 50, Cotopaxi, Colorado 81223. Interested 
persons may also review the ROD at the following Web site: http://www.blm.gov/co/st/en/fo/rgfo/planning/otr.html.

FOR FURTHER INFORMATION CONTACT: Mr. Vincent Hooper, OTR Project 
Manager, at the Royal Gorge Field Office (see ADDRESSES section above); 
telephone (719) 269-8555. Persons who use a

[[Page 69282]]

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: The OTR Corporation, formed by the artists 
Christo and Jeanne-Claude, proposes to install a work of art, titled 
Over The River \TM\, on Federal, state and private lands adjacent to 
the Arkansas River between the cities of Salida and Ca[ntilde]on City 
in Colorado. Following an estimated two-year construction period, the 
exhibit is proposed for a two-week display and viewing period in early 
August 2014. The Notice of Realty Action for OTR Corporation land use 
permit application was published on October 31, 2008 (73 FR 64981). The 
Notice of Availability for the project's Final Environmental Impact 
Statement was published on July 29, 2011 (76 FR 45614).
    The proposed art exhibit involves the installation of approximately 
900 porous, semi-transparent fabric panels, which would be suspended 
eight to 25 feet above the water for a total distance of approximately 
5.9 miles at eight locations along the 42.4 mile stretch of the 
Arkansas River between Salida and Canon City. The fabric panels would 
be supported by approximately 1,270 steel cables and a series of steel 
anchor transition frames. More than 9,000 steel anchors would be 
drilled into the banks along the Arkansas River to support the panels. 
At the end of the two-week exhibition period, the fabric panels, system 
of support cables, anchors and other above-ground materials would be 
removed over an estimated three-month period. Below ground materials 
will not be removed. The OTR Corp. will be responsible for restoring 
the river corridor according to the standards, conditions and 
mitigation measures imposed by the operator permitting and approval 
authorities, including the BLM.
    More than 300,000 people are expected to visit the Arkansas River 
canyon during the two-week exhibition period. The art exhibit is a no-
fee visitor event. As approved, the project will be located primarily 
on Federal lands administered by the BLM Royal Gorge Field Office, but 
would also be located on lands owned or managed by the Colorado State 
Land Board (SLB), Union Pacific Railroad, and private landowners, and 
lands owned or cooperatively managed by Colorado Parks and Wildlife in 
the Arkansas Headwaters Recreation Area. The Colorado Department of 
Transportation and Colorado State Patrol have jurisdiction for 
activities along U.S. Highway 50. The majority of the project area is 
within Fremont County; however, a small portion at the western end of 
the project is within Chaffee County. Approximately 80 percent of the 
area in the proposed project would be located in the Arkansas 
Canyonlands Area of Critical Environmental Concern, a BLM-designated 
area that is managed to protect and enhance recreation, scenic, 
historic, cultural and wildlife values.
    The Final Environmental Impact Statement identified seven 
alternatives (including a no action alternative) that vary by panel 
length, transportation, visitor management, and timing considerations 
from which the preferred alternative was selected. The preferred 
alternative was identified in the Final EIS published on July 29, 2011. 
The ROD sets forth the Front Range District Manager's decision to 
authorize a land-use permit for construction, display, and removal of 
5.9 total miles of fabric panel at eight locations along the Arkansas 
River between Salida and Canon City, Colorado for a two-week display 
period in early August 2014. Included in this authorization are a 
variety of terms and conditions, which set forth mitigation and 
monitoring requirements for the protection of Federal resource values, 
lands and habitats.
    The ROD was finalized based on multiple opportunities for public 
participation through scoping and later public comment throughout the 
EIS process. The BLM sought participation from the public; 16 tribes; 
and local, state and Federal agencies while developing the ROD. 
Cooperating agencies on the EIS included the Colorado Department of 
Natural Resources (Colorado Parks and Wildlife -formally known as the 
Division of Wildlife and the Colorado State Parks), SLB, Colorado State 
Patrol, Colorado Department of Transportation, and Fremont and Chaffee 
counties.
    Prior to the BLM issuing a notice to proceed under the land use 
permit, OTR Corp. will have to obtain additional permits and 
authorizations from other state and local agencies. This decision is in 
compliance with the requirements of NEPA, FLPMA and other applicable 
laws, regulations, and resource management plans.
    The ROD constitutes the BLM's final decision regarding the land-use 
permit application for the proposed OTR Art Project. The ROD contains 
implementation-level decisions that are appealable pursuant to 43 CFR 
Part 4. Any party adversely affected by the BLM's decision may appeal 
the decision to the Interior Board of Land Appeals pursuant to 43 CFR 
Part 4, Subpart E. The appeal should state the specific decisions in 
the ROD that are being appealed. Appeals, as described in the 
regulation, must be filed by December 8, 2011.
    Please consult the appropriate regulations for further information.

    Authority: 40 CFR 1506.6 and 1506.10.

Helen M. Hankins,
State Director.
[FR Doc. 2011-28511 Filed 11-7-11; 8:45 am]
BILLING CODE 4310-JB-P