[Federal Register Volume 81, Number 193 (Wednesday, October 5, 2016)]
[Proposed Rules]
[Pages 69019-69023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21934]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 8360

[LLCO913000.L16300000.NU0000.16X]


Notice of Proposed Supplementary Rules for Public Lands in 
Colorado

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed supplementary rules.

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SUMMARY: The Bureau of Land Management (BLM) is proposing supplementary 
rules to protect natural resources and provide for public health and 
safety. The proposed supplementary rules would apply to all public 
lands and BLM facilities in Colorado.

DATES: You should submit your comments by December 5, 2016.

ADDRESSES: You may submit comments by the following methods: Mail or 
hand

[[Page 69020]]

deliver to John Bierk, State Chief Ranger, BLM Colorado State Office, 
2850 Youngfield Street, Lakewood, CO 80215. You may also submit 
comments via email to [email protected] (include ``Proposed Supplementary 
Rules'' in the subject line).

FOR FURTHER INFORMATION CONTACT: John Bierk, State Chief Ranger (see 
ADDRESSES listed above), or by phone at (303) 239-3893. Persons who use 
a telecommunications device for the deaf 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. Public Comment Procedures

    Written comments on the proposed supplementary rules should be 
specific, confined to issues pertinent to the proposed supplementary 
rules, and explain the reason for any recommended change. Where 
possible, comments should reference the specific section or paragraph 
of the proposed supplementary rules that the comments are addressing. 
The BLM is not obligated to consider or include in the Administrative 
Record for the final supplementary rules comments delivered to an 
address other than the one listed above (see ADDRESSES) or that the BLM 
receives after the close of the comment period (see DATES), unless they 
are postmarked or electronically dated before the deadline. Comments, 
including names, street addresses, and other contact information of 
respondents, will be available for public review at the address listed 
above during regular business hours (7:30 a.m. to 4:30 p.m. Monday 
through Friday, except on Federal holidays). Before including your 
address, phone number, email address, or other personal identifying 
information in your comment, you should be aware that your entire 
comment--including your personal identifying information--may be made 
publicly available at any time. While you can ask us in your comment to 
withhold your personal identifying information from public review, we 
cannot guarantee that we will be able to do so.

II. Background

    The BLM Colorado State Office has issued various statewide 
supplementary rules to protect natural resources and provide for public 
health and safety since 1990. Individual BLM field offices have also 
issued various supplementary rules for travel management, protection of 
natural resources, and public health and safety since 1995. Although 
these supplementary rules have addressed a wide variety of natural 
resource and public health and safety concerns, evolving social trends 
and recreational uses of public land have necessitated additional 
statewide supplementary rules.

III. Discussion of the Proposed Supplementary Rules

    These proposed supplementary rules would apply to all public lands 
and BLM facilities in Colorado. Proposed supplementary rule numbers 1-
11 would address general public conduct on public lands and at BLM 
facilities. Many of these proposed supplementary rules were 
intentionally written using language found in Title 18 of the Colorado 
Revised Statutes.
    Proposed supplementary rule numbers 12-16 would address resource 
damage and public safety concerns involving the use of exploding 
targets, flammable devices, and target shooting. The BLM consulted with 
the Shooting Sports Roundtable during the drafting of the proposed 
supplementary rules. The Shooting Sports Roundtable requested that the 
proposed rules be clear, specific, and enforceable, and asked the BLM 
to provide a comprehensive outreach effort prior to enforcement.
    The BLM incorporated most of the recommendations from the Shooting 
Sports Roundtable into the proposed supplementary rules and is planning 
to issue press releases, post the new supplementary rules on the BLM 
State and Field Office Web sites, and will have BLM Law Enforcement 
Rangers conduct public education activities.
    The BLM must consider risks to public safety and natural resources 
in light of increasing fire danger and development in the wildland 
urban interface. The USFS reported at least 16 wildfires were 
associated with exploding targets in 2013, causing millions of dollars 
in fire suppression costs and threatening the safety and well-being of 
surrounding communities. The USFS subsequently issued an order banning 
exploding targets in forests and grasslands in Colorado, Wyoming, 
Kansas, Nebraska, and South Dakota in August 2013. Accordingly, the BLM 
believes that the proposed supplementary rules regarding exploding 
targets are warranted.
    Proposed supplementary rule numbers 17-19 clarify existing Federal 
regulations found in 43 CFR 9264.1(h) relating to vehicles, game 
animals, boating, and outfitters. Proposed supplementary rule number 20 
would address mechanized vehicle use within Wilderness Study Areas 
(WSA) off of a designated route. Until Congress makes a final 
determination on a WSA, the BLM manages these areas to preserve their 
suitability for designation as wilderness. Existing regulations in 43 
CFR 8341.1 limit off-road vehicles to designated routes of travel, but 
this part does not apply to non-motorized vehicles. Existing 
regulations in 43 CFR 6302.20(d) restrict the use of mechanical 
transport in a congressionally designated Wilderness Area, but do not 
apply to WSAs. Proposed supplementary rule number 20 affirms that the 
use of mechanical transport is generally prohibited in WSAs, consistent 
with Resource Management Plan decisions.
    Proposed supplementary rule number 21 would address the burning of 
wood or wood pallets containing nails or staples on public land. 
Campsites in popular areas on public land are used repeatedly 
throughout the spring, summer, and fall. As use increases, the 
availability of firewood decreases, leading more campers to bring 
construction debris or wood pallets containing nails or staples to use 
as firewood. The nails and staples inadvertently end up in campfire ash 
left at the campsite. In an effort to return campsites to a more 
primitive condition, many campers scatter ashes and rock rings before 
leaving their campsite. The nails or staples end up on the ground 
surface, causing flat tires. Proposed supplementary rule number 21 
would reduce the risk of tire damage and personal injury from discarded 
nails and/or staples in popular camping areas.
    The proposed supplementary rules are in conformance with the 
following Resource Management Plans (RMPs):
     Uncompahgre Basin RMP (1989);
     San Luis Resource Area RMP (1991);
     Gunnison RMP (1993);
     Royal Gorge RMP (1996);
     Colorado Canyons National Conservation Area and Black 
Ridge Canyons Wilderness RMP (2004);
     Little Snake RMP (2010);
     Canyons of the Ancients National Monument RMP (2010);
     Tres Rios RMP (2015);
     Colorado River Valley RMP (2015);
     Kremmling RMP (2015);
     White River RMP (2015); and
     Grand Junction RMP (2015).

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IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These proposed 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. They would not have an annual 
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. They would not create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another agency. They would not materially alter the budgetary effects 
of entitlements, grants, user fees, loan programs, or the rights or 
obligations of their recipients, nor would they raise novel legal or 
policy issues. The proposed supplementary rules would merely establish 
rules of conduct for public use of a limited area of public lands.

National Environmental Policy Act (NEPA)

    The BLM has found that the proposed supplementary rules comprise a 
category or kind of action that has no significant individual or 
cumulative effect on the quality of the human environment. See 40 CFR 
1508.4; 43 CFR 46.210. Specifically, the promulgation of the proposed 
supplementary rules is an action that is of an administrative, 
financial, legal, technical, or procedural nature within the meaning of 
43 CFR 46.210(i). Therefore, the proposed action is categorically 
excluded from further documentation under NEPA in accordance with 43 
CFR 46.205(b) and 46.210(i). BLM has reviewed the proposed action and 
none of the extraordinary circumstances listed at 43 CFR 46.215 are 
applicable. The NEPA Categorical Exclusion (CX) documentation is on 
file at the Colorado State Office under NEPA No. DOI-BLM-CO-0000-2015-
0002-CX.

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 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 proposed supplementary 
rules would have no effect on business entities of any size. They 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 supplementary rules would not have 
a significant economic impact on a substantial number of small 
entities.

Small Business Regulatory Enforcement Fairness Act

    These proposed supplementary rules are not a ``major rule'' as 
defined under 5 U.S.C. 804(2). Proposed supplemental rule number 12 
would restrict the possession, discharge, or use of exploding targets 
on public land in Colorado. Limiting the use of exploding targets on 
public land in Colorado would not have a significant effect on 
commercial sale of these targets.

Unfunded Mandates Reform Act

    These proposed supplementary rules would not impose an unfunded 
mandate on State, local, or tribal governments of more than $100 
million per year; nor would they have a significant or unique effect on 
small governments or the private sector. The proposed supplementary 
rules would merely impose reasonable rules of conduct on public lands 
in Colorado to protect natural resources and public 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)

    The proposed supplementary rules are not a government action 
capable of interfering with constitutionally protected property rights. 
The proposed 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 
proposed 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 proposed 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 proposed 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 
proposed 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 has found that 
these proposed supplementary 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 proposed 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 proposed supplementary rules do not comprise a significant 
energy action. These proposed 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 proposed 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.

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Paperwork Reduction Act

    These proposed 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 proposed supplementary rules is John 
Bierk, State Chief Ranger, BLM Colorado State Office.

V. Proposed 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 proposes supplementary rules for public lands and BLM 
facilities in Colorado, to read as follows:

Supplementary Rules for Public Lands in Colorado

Definitions
    Alcoholic beverage means a beverage as defined in 23 CFR 1270.3 
(a).
    BLM facility means any BLM office, storage yard, warehouse, or 
building owned or leased by the BLM directly or through the General 
Services Administration.
    Camp means erecting a tent or shelter of natural or synthetic 
material; preparing a sleeping bag or other bedding material; parking a 
motor vehicle, motor home, or trailer; or mooring a vessel for the 
apparent purpose of overnight occupancy.
    Demonstrations means public protests, assemblies, picketing, 
speechmaking, parades, marching, placement of signs or banners, holding 
vigils or religious services, and all other like forms of conduct that 
involve the communication or expression of views or grievances, engaged 
in by one or more persons, the conduct of which is reasonably likely to 
attract a crowd or onlookers. The term does not include casual use of 
public lands or BLM facilities in Colorado that is not reasonably 
likely to attract a crowd or onlookers.
    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. 
Designated roads and 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 travel management plan governing 
applicable public lands and BLM facilities in Colorado, 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.
    Disorderly conduct means to intentionally, knowingly, or 
recklessly:
    (a) Make a coarse and obviously offensive utterance, gesture, or 
display in a public place when the utterance, gesture, or display tends 
to incite an immediate breach of the peace;
    (b) Make unreasonable noise in a public place or near a private 
residence that he or she has no right to occupy;
    (c) Fight with another in a public place except in an amateur or 
professional contest of athletic skill;
    (c) Discharge a firearm or other projectile shooting device in a 
public place except when engaged in lawful target practice or hunting; 
or (d) Display a deadly weapon, display any article used or fashioned 
in a manner to cause a person to reasonably believe that the article is 
a deadly weapon, or represent verbally or otherwise that he or she is 
armed with a deadly weapon in a public place in a manner calculated to 
alarm.
    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.
    Federal Officer means any delegated Federal law enforcement 
officer.
    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.
    Indecent exposure means to knowingly:
    (a) expose a person's genitals to the view of any person under 
circumstances in which such conduct is likely to cause affront or alarm 
to the other person with the intent to arouse or to satisfy the sexual 
desire of any person; or
    (b) perform an act of masturbation in a manner which exposes the 
act to the view of any person under circumstances in which such conduct 
is likely to cause affront or alarm to the other person.
    Intimate parts mean the external genitalia or the perineum or the 
anus or the buttocks or the pubes or the breast of any person.
    Mechanized vehicle means a human-powered mechanical 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, not powered by a motor. The term does 
not include wheelchairs, skis, or snowshoes.
    Motorized vehicle means a vehicle that is propelled by a motor or 
engine, such as a car, truck, off-highway vehicle, motorcycle, or 
snowmobile.
    Open alcoholic beverage container means a bottle, can, or other 
receptacle that contains any amount of alcoholic beverage and:
    (a) That is open or has a broken seal; or
    (b) The contents of which are partially removed.
    Passenger area means the area designed to seat the driver and 
passengers while a motor vehicle is in operation and any area that is 
readily accessible to the driver or a passenger while in his or her 
seating position, including, but not limited to, the glove compartment.
    Public indecency means to perform any of the following acts in a 
public place or where the conduct may reasonably be expected to be 
viewed by members of the public:
    (a) An act of sexual intercourse;
    (b) A lewd exposure of an intimate part of the body, not including 
the genitals, done with intent to arouse or to satisfy the sexual 
desire of any person;
    (c) A lewd fondling or caress of the body of another person; or
    (d) A knowing exposure of the person's genitals to the view of a 
person under circumstances in which such conduct is likely to cause 
affront or alarm to the other person.
    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.
    Public place means a place to which the public has access.
    Riot means a public disturbance involving an assemblage of three or 
more persons which by tumultuous and violent conduct creates grave 
danger of damage or injury to property or persons or substantially 
obstructs the performance of any governmental function.
    Wheelchair means a device designed solely for use by a mobility-
impaired person for locomotion that is suitable for use in an indoor 
pedestrian area.
Prohibited Acts on Public Lands and BLM Facilities in Colorado
    1. You must not engage in disorderly conduct.
    2. You must not engage in actions or behaviors that are intended to 
prevent

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or disrupt any lawful BLM meeting, procession, or gathering; or 
significantly obstruct or interfere with said meeting, procession, or 
gathering by physical action, verbal utterance, or any other means.
    3. You must not willfully deny any member of the public, public 
official, BLM employee, volunteer, invitee, or agent thereof, their 
lawful rights to gain access to, enter, use, or leave a BLM facility.
    4. You must not willfully impede any public official, BLM employee, 
or volunteer in the lawful performance of duties or activities through 
the use of restraint, abduction, coercion, or intimidation, or by force 
and violence or threat thereof.
    5. You must not willfully refuse or fail to leave a BLM facility 
upon being requested to do so by a Federal Officer, Field Office 
Manager, Acting Manager, or privately contracted security officer 
assigned to the facility if you have willfully committed, are 
committing, threaten to commit, or are inciting others to commit any 
act which did, or would, if completed, disrupt, impair, interfere with, 
or obstruct the lawful missions, processes, procedures, or functions 
being carried on in the BLM facility.
    6. You must not willfully impede, disrupt, or hinder the normal 
proceedings of any BLM meeting or session conducted by any public 
official, BLM employee, volunteer, invitee, or agent thereof by any act 
of intrusion into the chamber or other areas designated for use of the 
body or official conducting the meeting or session or by any act 
designed to intimidate, coerce, or hinder any public official, BLM 
employee, volunteer, invitee, or agent thereof.
    7. You must not conduct, participate in, or engage in 
demonstrations outside of designated demonstration areas when BLM has 
established such areas. BLM will establish designated demonstration 
areas only where it finds, in writing, that demonstrations would: (i) 
Cause injury or damage to public lands or BLM facilities in Colorado; 
(ii) unreasonably impair the atmosphere of peace and tranquility 
maintained in wilderness, natural, or historic areas; (iii) 
unreasonably interfere with interpretive, visitor service, or other 
program activities, or with the administrative activities of BLM; (iv) 
substantially impair the operation of public use facilities or 
services; (v) present a clear and present danger to the public health 
and safety; or (vi) be incompatible with the nature and traditional use 
of the particular area of public land or BLM facility involved.
    8. You must not remain or camp at any BLM facility past the normal 
business hours posted on the facility, unless otherwise authorized.
    9. You must not incite or urge a group of five or more persons to 
engage in a current or impending riot or give commands, instructions, 
or signals to a group of five or more persons in furtherance of a riot.
    10. You must not engage in a riot.
    11. You must not engage in public indecency or indecent exposure.
    12. You must not possess, discharge, or use explosives, incendiary 
or chemical devices, or exploding targets without prior authorization.
    13. You must not engage in rifle or pistol target shooting 
activities unless they are conducted towards and into a backstop of 
material that prevents further travel beyond the intended target and/or 
ricochet of the bullet or projectile.
    14. You must not rifle or pistol target shoot at materials other 
than paper, plastic, or steel targets manufactured for shooting sports 
or biodegradable clay pigeons.
    15. You must not leave targets, target debris (except pieces of 
biodegradable clay pigeons), cartridge ``brass,'' or shell casings at 
any shooting area.
    16. You must not possess, discharge, or use flammable devices 
including, but not limited to, gasoline bombs commonly referred to as 
``Sobe Bombs'' or flammable projectiles discharged from a launching 
tube or other device.
    17. You must not drink an alcoholic beverage or possess an open 
alcoholic beverage container while in the passenger area of a motorized 
vehicle.
    18. You must not tow or be in possession of a trailer requiring 
registration under Colorado Revised Statutes that is either 
unregistered or has expired registration.
    19. You must not violate any Colorado Revised Statute regarding 
hunting, fishing, boating, or outfitters.
    20. You must not operate a mechanized vehicle within a designated 
Wilderness Study Area except on travel routes identified for such use 
by a BLM sign or map.
    21. You must not burn wood or wood pallets containing nails or 
staples.
Exemptions
    The following persons are exempt from these supplementary rules: 
Any Federal, State, local, and/or military employees acting within the 
scope of their official duties; members of any organized rescue or fire 
fighting force performing an official duty; and persons who are 
expressly authorized or approved by the BLM.
Enforcement
    Any person who violates any of these supplementary rules may be 
tried before a United States Magistrate and fined in accordance with 18 
U.S.C. 3571, imprisoned for no more than 12 months under 43 U.S.C. 
1733(a) and 43 CFR 8360.0-7, or both. In accordance with 43 CFR 8365.1-
7, State or local officials may also impose penalties for violations of 
Colorado law.

Ruth Welch,
BLM Colorado State Director.
[FR Doc. 2016-21934 Filed 10-4-16; 8:45 am]
 BILLING CODE 4310-JB-P