[Federal Register Volume 80, Number 15 (Friday, January 23, 2015)]
[Notices]
[Pages 3618-3621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01220]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCOS06000 L12200000.DU0000]


Notice of Final Supplementary Rules for Travel Management on 
Public Lands in Gunnison, Montrose, Hinsdale, and Saguache Counties, 
Colorado

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Final Supplementary Rules.

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SUMMARY: The Bureau of Land Management (BLM) in Colorado is finalizing 
supplementary rules for public lands addressed in the Gunnison Basin 
Federal Lands Travel Management Plan (TMP), approved on June 28, 2010. 
These final supplementary rules apply to public lands administered by 
the BLM Gunnison Field Office in Gunnison, Montrose, Hinsdale, and 
Saguache counties, Colorado. The final rules implement decisions found 
in the TMP relating to the use of motorized and non-motorized vehicles.

DATES: These supplementary rules are effective February 23, 2015.

ADDRESSES: You may send inquiries by the following methods: Mail or 
hand deliver to Kristi Murphy, Outdoor Recreation Planner, BLM Gunnison 
Field Office, 210 West Spencer Street, Suite A, Gunnison, CO 81230. You 
may also send inquiries via email to [email protected] (include ``Final 
Supplementary Rules'' in the subject line).

FOR FURTHER INFORMATION CONTACT: Kristi Murphy, Outdoor Recreation 
Planner, at the above address, by phone at 970-642-4955, or by email at 
[email protected]. 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, seven 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

    Prior to 2010, the BLM Gunnison Field Office used the BLM's 1980 
Transportation Plan and the 2001 Gunnison Interim Travel Plan to manage 
travel on BLM-managed lands. As required in the 2001 Travel Plan, the 
BLM and the U.S. Forest Service embarked on a planning process to 
develop a more definitive and comprehensive system of routes across 
Federal lands in the Gunnison Basin. The two agencies jointly published 
a Notice of Intent to Prepare an Environmental Impact Statement (EIS) 
in the Federal Register at 72 FR 24267 (May 2, 2007). They subsequently 
published the Gunnison Basin Federal Lands Travel Management Plan EIS 
(CO-160-2008-025-EIS). Following analysis of the public comments, the 
BLM issued a decision record on June 28, 2010. The 2010 TMP replaces 
the 1980 Transportation Plan and the 2001 Interim Travel Plan. These 
final supplementary rules enable the BLM to implement several key 
decisions contained in the 2010 TMP to protect natural resources and 
provide for public health and safety. No other existing rules are 
affected by these final supplementary rules. The proposed supplementary 
rules were published in the Federal Register at 78 FR 26804 on May 8, 
2013, and the public comment period ended July 8, 2013. The final 
supplementary rules are consistent with the Decision Record for the 
TMP, which was approved on June 28, 2010.
    These final supplementary rules apply to public lands administered 
by the BLM Gunnison Field Office. The 2010 TMP area consists of 
approximately 585,012 acres of public lands within Gunnison, Montrose, 
Hinsdale, and Saguache counties, Colorado, in the following described 
townships:

Sixth Principal Meridian

Tps. 11 S., Rs. 83 and 84 W., unsurveyed.
Tps. 11 S., Rs. 86 and 87 W., partly unsurveyed.
Tps. 12 S., Rs. 82 to 87 W., partly unsurveyed.
Tps. 13 S., Rs. 80 to 87 W., partly unsurveyed.
Tps. 14 S., Rs. 80 to 88 W., partly unsurveyed.
Tps. 15 S., Rs. 81 to 88 W., partly unsurveyed.

New Mexico Principal Meridian

Tps. 43 N., Rs. 1 and 2 E., partly unsurveyed.
Tps. 44 N., Rs. 1, 2, and 3 E., partly unsurveyed.
Tps. 45 N., Rs. 1, 2, and 3 E., partly unsurveyed.
Tps. 46 N., Rs. 1 to 4 E., partly unsurveyed.
Tps. 47 N., Rs. 1 to 7 E., partly unsurveyed.
Tps. 48 N., Rs. 1 to 7 E.

[[Page 3619]]

Tps. 49 N., Rs. 1 to 6 E.
Tps. 50 N., Rs. 1 to 6 E.
Tps. 51 N., Rs. 1 to 5 E.
Tps. 41 N., Rs. 5 and 6 W., unsurveyed.
Tps. 42 N., Rs. 3 to 6 W., partly unsurveyed.
Tps. 43 N., Rs. 1 to 7 W., partly unsurveyed.
Tps. 44 N., Rs. 1 to 6 W., partly unsurveyed.
Tps. 45 N., Rs. 1 to 6 W., partly unsurveyed.
Tps. 46 N., Rs. 1 to 6 W., partly unsurveyed.
Tps. 47 N., Rs. 1 to 6 W.
Tps. 48 N., Rs. 1 to 6 W.
Tps. 49 N., Rs. 1 to 6 W.
Tps. 50 N., Rs. 1 to 4 W.
Tps. 51 N., Rs. 1 to 4 W.

II. Discussion of Public Comments and Final Supplementary Rules

    The BLM received comments from five parties. Upon review of the 
comments, the BLM made one minor change to the definition of the term 
``existing travel routes,'' discussed below.
    Two parties disagreed with the 2010 TMP decision and asked to keep 
more routes open to motorized and mechanized uses. Changing the 2010 
TMP decision would be a separate action that would require additional 
site-specific environmental analysis and is outside the scope of these 
final supplemental rules.
    Two parties expressed concern over possibly losing right-of-way 
(ROW) access across BLM-administered lands. The Decision Record for the 
2010 TMP addressed ROW access. Supplementary rules do not affect access 
routes to maintain transmission lines or access private property 
because those roads and routes are (or will be as the ROWs are amended 
and/or renewed), covered under the appropriate BLM ROWs.
    Another party suggested that the terms of the supplementary rules 
be consistent with TMP language. The party expressed concern that terms 
such as ``designated travel routes'' and ``existing travel routes'' 
could cause confusion, were too vague, or might lead to resource 
degradation when interpreting the exceptions allowed for travel off of 
designated roads. The proposed supplementary rule defined designated 
travel routes as roads and trails open to specified modes of travel and 
identified on a map of designated roads and trails that is maintained 
and available for public inspection at the BLM Gunnison Field Office. 
The commenter also asked the BLM to clarify that the 30-foot exception 
only applies when there is no existing route available. The commenter 
further suggested that additional restrictions regarding parallel 
travel routes and resource damage be added to the 30-foot exception. As 
the rule states, the exception for motorized travel off of designated 
roads is clearly for the purpose of parking or camping. In addition, 
the BLM has an existing rule (43 CFR 8341.1(f)(4)) that prohibits 
resource damage that would apply if parking is causing resource damage 
or if off-road travel is creating a parallel travel route. Such a 
restatement of the existing rules is not necessary and would be 
contrary to the BLM policy regarding the purpose of supplementary rules 
(WO IM-2013-161).
    The same commenter was also concerned that people may travel 
further than 300 feet from a designated road on an existing route to 
camp or park. This commenter encouraged the BLM to sign, mark, and 
monitor existing dispersed campsites and to close routes that are more 
than 300 feet long or creating resource damage. It is the 
responsibility of public land users to know and follow the rules. As 
discussed in the 2010 TMP Decision Notice, the BLM will continue to 
conduct such monitoring and implementation as available funding, staff, 
materials, equipment, and volunteer resources allow. It would be 
impractical, as well as visually intrusive, for the BLM to mark this 
distance on each possible route off of designated roads.
    The commenter was also concerned that the definition of ``existing 
travel route'' is too vague and could allow motorized use on the track 
left by front tires (followed by the rear tires) on game trails, cow 
paths, footpaths, single-track trails, and All-Terrain Vehicle trails. 
The commenter also suggested that the definition include a reference to 
a point in time, e.g., when the decision was made. The BLM established 
and defined designated route travel in 2001 through the Gunnison 
Interim Travel Restrictions Decision (Decision Notice, April 2001), 
which restricted motorized and mechanized use (wheeled vehicles used 
for human transport) to established routes. Established routes are 
roads and trails recognized by the agencies as existing on the ground 
as of January 12, 2001, and receiving enough use to remain recognizable 
as a route. That restriction remains in place and is part of the 
existing condition. The definition of ``existing travel routes'' has 
been clarified in the final supplementary rule as requested.
    Another commenter suggested changing the definition of camping to 
make a distinction between ``camping from a vehicle'' and ``camping 
from a pack.'' The definition of camping as used in the supplementary 
rules is for the purpose of describing an exception for motorized 
travel off of designated roads. For purposes of the supplementary 
rules, there is no need to differentiate backcountry camping from 
vehicle camping. The commenter was also concerned about subsequent on-
the-ground actions the BLM may take to implement route closures that 
may prevent pedestrian use of closed routes. This is not within the 
scope of these supplementary rules as the rules only address motorized 
and mechanized travel.

III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These final supplementary rules are not a significant regulatory 
action and are not subject to review by the Office of Management and 
Budget under Executive Order 12866. These final supplementary rules 
would not have an effect of $100 million or more on the economy. These 
final supplementary rules 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 final supplementary rules would not create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another agency. These final 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 final supplementary rules 
would not affect legal commercial activity, but merely impose 
limitations on certain recreational activities on certain public lands 
to protect natural resources and human health and safety.

National Environmental Policy Act

    These final supplementary rules implement key decisions in the 2010 
TMP. During the National Environmental Policy Act (NEPA) review for the 
2010 TMP, the BLM fully analyzed the substance of these final 
supplementary rules in an EIS (CO-160-2008-025-EIS). The BLM signed the 
Decision Record for the EIS on June 28, 2010. The 2010 TMP EIS and 
Decision Record and a subsequent Determination of NEPA Adequacy are on 
file in the BLM Gunnison Field Office at the address specified in the 
ADDRESSES section. The BLM finds that the EIS associated with the 2010 
TMP is adequate for these supplementary rules.

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

[[Page 3620]]

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 
would have no effect on business entities of any size. These final 
supplementary rules would merely impose reasonable restrictions on 
certain recreational activities on certain public lands to protect 
natural resources and the environment and human health and safety. 
Therefore, the BLM has determined under the RFA that these final 
supplementary 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 a ``major rule'' as defined 
at 5 U.S.C. 804(2). These final supplementary rules would merely impose 
reasonable restrictions on certain recreational activities on certain 
public lands to protect natural resources and the environment and human 
health and safety. These final supplementary rules would not:
    (1) Have an annual effect on the economy of $100 million or more;
    (2) Cause a major increase in costs or prices for consumers, 
individual industries, Federal, State, or local agencies, or geographic 
regions; or
    (3) Have significant adverse effects on competition, employment, 
investment, productivity, innovation, or on the ability of United 
States-based enterprises to compete with foreign-based enterprises in 
domestic and export markets.

Unfunded Mandates Reform Act

    These final 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 these final supplementary 
rules have a significant or unique effect on State, local, or tribal 
governments or the private sector. The final supplementary rules would 
merely impose reasonable restrictions on certain recreational 
activities on certain public lands to protect natural resources and the 
environment and human health and safety. 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 final supplementary rules do not constitute a government 
action capable of interfering with constitutionally-protected property 
rights. The final supplementary rules would not address property rights 
in any form and would not cause the impairment of constitutionally-
protected property rights. Therefore, the BLM has determined that these 
final supplementary rules would 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 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 final 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 Colorado State Director has 
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 the Order.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, the BLM has found that 
these final rules do not include policies that have tribal implications 
and would have no bearing on trust lands or on lands for which title is 
held in fee status by Indian tribes or U.S. Government-owned lands 
managed by the Bureau of Indian Affairs.

Information Quality Act

    In developing these final 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).

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. These final supplementary rules would not have an 
adverse effect on energy supply, production, or consumption and have no 
connection with energy policy.

Executive Order 13352, Facilitation of Cooperative Conservation

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

Paperwork Reduction Act

    These final 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. 3501-3521.

Author

    The principal author of these final supplementary rules is Kristi 
Murphy, Outdoor Recreation Planner, BLM, Gunnison Field Office.

IV. Final Supplementary Rules

    For the reasons stated in the Preamble, and under the authority of 
43 U.S.C. 315a, 1733(a), and 1740, and 43 CFR 8365.1-6, the State 
Director establishes supplementary rules for public lands within the 
Gunnison Field Office, Colorado, to read as follows:

Supplementary Rules for the Gunnison Basin Travel Management Plan

Definitions

    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.
    Designated travel routes means roads and trails open to specified 
modes of travel and identified on a map of designated roads and trails 
that is maintained and available for public inspection at the BLM 
Gunnison Field Office, Colorado. Designated roads and

[[Page 3621]]

trails are open to public use in accordance with such limits and 
restrictions as are, or may be, specified in the resource management 
plan (RMP) or TMP, or in future decisions implementing the RMP. This 
definition excludes any road or trail with BLM-authorized restrictions 
that prevent use of the road or trail. Restrictions may include signs 
or physical barriers such as gates, fences, posts, branches, or rocks.
    Existing travel routes means immediately-recognizable motor vehicle 
travel routes or two-track trails that are not identified as closed to 
motorized vehicle use by a BLM sign or map and are recognized by the 
BLM as existing on the ground as of January 12, 2001.
    Public land means any land or interest in land owned by the United 
States and administered by the Secretary of the Interior through the 
BLM without regard to how the United States acquired ownership.
    Mechanized vehicle means a human-powered mechanical device, such as 
a bicycle, not powered by a motor.
    Motorized vehicle means a vehicle that is propelled by a motor or 
engine, such as a car, truck, off-highway vehicle, motorcycle, or 
snowmobile.

Prohibited Acts

    1. Except as provided by Rule 2 below, you must not operate or 
possess a motorized or mechanized vehicle in an area designated as 
closed to such use by a BLM sign or map.
    2. You must not operate or possess a mechanized or motorized 
vehicle except in areas designated or routes identified for such use by 
a BLM sign or map, unless:
     You are using a mechanized game cart for the purpose of 
retrieving a large game animal with a valid carcass tag outside of 
Congressionally-designated wilderness areas or wilderness study areas; 
or
     You are using a motorized vehicle for the purpose of 
parking or camping within 30 feet of the edge of a designated travel 
route or on existing travel routes within 300 feet of a designated 
travel route.
    3. You must not operate or possess a motorized vehicle from March 
15 to May 15 in specific areas of identified priority sage-grouse 
habitat as designated by a BLM sign or map.

Exceptions

    These supplementary rules do not apply to emergency, law 
enforcement, and Federal or other government vehicles while being used 
for official or other emergency purposes, or to any other vehicle use 
that is expressly authorized or otherwise officially approved by the 
BLM.

Penalties

    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 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.

Ruth Welch,
BLM Colorado State Director.
[FR Doc. 2015-01220 Filed 1-22-15; 8:45 am]
BILLING CODE 4310-JB-P