[Federal Register Volume 87, Number 81 (Wednesday, April 27, 2022)]
[Rules and Regulations]
[Pages 24873-24875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08859]



[[Page 24873]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 8360

[223 LLUTY00000 L12200000.MA0000]


Final Supplementary Rules for the Klondike Bluffs Area of Public 
Lands Managed by the Moab Field Office in Grand County, UT

AGENCY: Bureau of Land Management, Interior.

ACTION: Final supplementary rule.

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

SUMMARY: The Bureau of Land Management (BLM) is finalizing rules 
limiting camping to developed campgrounds and designated campsites 
within the Klondike Bluffs Mountain Bike Focus Area and a nearby 
isolated 160-acre BLM parcel. The rules require the use of portable 
toilets at designated campsites where constructed toilets are not 
provided. Additionally, the rules prohibit wood cutting and collecting 
in the Klondike Bluffs Mountain Bike Focus Area and the nearby 160-acre 
parcel.

DATES: These final supplementary rules are effective on May 23, 2022.

ADDRESSES: Inquiries may be directed to the BLM Moab Field Office at 
(435) 259-2100 or 82 East Dogwood Avenue, Moab, UT 84532. The final 
supplementary rules and accompanying environmental documents are 
available for inspection at the BLM Moab Field Office and on the 
ePlanning website at: https://go.usa.gov/xuZsG.
    A map of the management area and boundaries can be obtained by 
contacting the Moab Field Office (see ADDRESSES section).

FOR FURTHER INFORMATION CONTACT: Jennifer Jones, Assistant Field 
Manager for Recreation, BLM Moab Field Office, 82 East Dogwood Avenue, 
Moab, UT 84532, (435) 259-2100, or [email protected]. Individuals in the 
United States who are deaf, deafblind, hard of hearing, or have a 
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access 
telecommunications relay services. Individuals outside the United 
States should use the relay services offered within their country to 
make international calls to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION:
I. Background
II. Discussion of Public Comments
III. Discussion of Final Supplementary Rules
IV. Procedural Matters

I. Background

    The BLM is establishing these final supplementary rules under the 
authority of 43 CFR 8365.1-6, which allows State Directors to establish 
supplementary rules for the protection of persons, property, and the 
public lands and resources. This provision allows the BLM to issue 
rules of less than national effect without codifying the rules in the 
CFR. These final supplementary rules apply to public lands managed by 
the Moab Field Office.
    In September 2019, the BLM issued a decision record on an 
environmental assessment (EA) to limit camping to designated sites and 
developed campgrounds in the Klondike Bluffs Mountain Bike Focus Area 
and a nearby isolated 160-acre parcel of BLM-administered land that is 
completely surrounded by lands managed by the State of Utah. During the 
EA process, the BLM identified the need to establish enforceable 
supplementary rules concerning camping at these locations.
    The BLM has documented significant increases in visitation numbers 
and resulting pressures on camping areas managed by the Moab Field 
Office. Therefore, the BLM has determined these rules are necessary to 
increase sustainable camping and recreation opportunities, provide for 
visitor health and safety, prevent undue degradation of natural and 
cultural non-renewable resources, and promote high-quality outdoor 
recreation opportunities.
    During the 15-day public comment period on the EA, the BLM received 
14 comment letters, 13 of which were in support of the proposal. The 
proposal was also supported by Grand County, Utah. The Utah Governor's 
Office of Economic Development commented and offered monetary 
assistance to build a campground in the Klondike Bluffs area to enhance 
the quality of the world-class recreation opportunities.

II. Discussion of Public Comments

    The BLM published proposed supplementary rules on August 18, 2021 
(88 FR 46270). Five comment letters were received during the 60-day 
public comment period. All five of the commentors expressed strong 
support for the supplementary rules.

III. Discussion of Final Supplementary Rules

The BLM Moab Field Office

    The BLM Moab Field Office has jurisdiction from the Grand County 
line to the north, the Utah-Colorado State line to the east, Harts Draw 
and Lisbon Valley to the south, and the Green River to the west. The 
public lands managed by the Moab Field Office are a domestic and 
international tourist destination hosting three million visitors per 
year. The Moab Field Office manages 46 developed campgrounds.
    These final supplementary rules are critical for continuing to 
provide sustainable camping opportunities, ensuring public health and 
safety, reducing visitor conflicts, and protecting natural and cultural 
resources on public lands. The supplementary rules already in place 
have been effective in providing for visitor health and safety and 
protecting cultural and natural resources while improving the visitor 
experience. These final rules supplement existing rules by providing 
protection to an additional high-visitation area managed by the Moab 
Field Office.
    The final supplementary rules regarding camping, human waste, and 
wood gathering cover the Klondike Bluffs Mountain Bike Focus Area and a 
nearby 160-acre public land parcel (for a total of 14,786 acres) that 
has become increasingly popular as the Klondike Bluffs Mountain Bike 
Trail System, which has been developed. The restrictions are directly 
related to the degradation of natural resources, health and safety 
issues posed by the presence of human waste, and unsustainable levels 
of high-density camping use where no facilities exist to mitigate 
visitor impacts.
    The reasoning for each rule is addressed below.
    1. Final rule: You must camp at a designated site. This final rule 
applies to the Klondike Bluffs Mountain Bike Focus Area and a nearby 
160-acre parcel where dispersed camping is degrading natural, visual, 
and wildlife resources while causing risks to human health. The 
affected area reflects the recreation management decision (REC-6) in 
the 2008 Moab Resource Management Plan (RMP) to limit dispersed camping 
as visitation impacts and environmental conditions warrant.
    2. Final rule: You must use a constructed toilet or possess, set up 
for usage, and use a portable toilet to dispose of solid human waste. 
Exposure to human waste is a health risk to the public and BLM 
personnel. The continual deposition of human waste on or just beneath 
the surface of the ground--which is largely sand and bare rock in the 
Moab region--is a risk that is not naturally mitigated. These risks are 
amplified in high-visitation areas and must be mitigated by specifying 
the methods of disposal. This rule applies to the Klondike Bluffs 
Mountain Bike Focus Area and the nearby 160-acre parcel because the 
area experiences a very high level of visitation.
    3. Final rule: You must not cut, gather, or collect wood. Wood 
gathering

[[Page 24874]]

depletes an already sparse supply of woody vegetation that is not 
readily replaced in the desert environment. As with camping and human 
waste, the Klondike Bluffs Area is at a greater risk of resource damage 
and depletion due to high visitation. To ensure future visitors can 
enjoy the visual resources, and to protect the sensitive desert 
ecology, wood cutting, gathering, and collecting in the Klondike Bluffs 
area is prohibited.

IV. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These final supplementary rules are not significant regulatory 
actions and are not subject to review by the Office of Management and 
Budget under Executive Order 12866. These final 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 do 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, loan programs, or the rights or 
obligations of their recipients; nor do they raise novel legal or 
policy issues. These supplementary rules merely establish rules of 
conduct for public use on a limited area of public lands.

National Environmental Policy Act

    These supplementary rules are consistent with and necessary to 
properly implement decisions proposed, analyzed, and approved in EA 
#DOI-BLM-UT-Y010-2019-0021-EA. They establish rules of camping conduct 
for public use of public lands managed by the Moab Field Office to 
protect public health, safety, and natural and cultural resources. The 
approved EA is available for review at the physical and on-line 
locations identified 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 has 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 on a limited area of public 
lands. Therefore, the BLM has determined the final supplementary rules 
do 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 ``major'' as defined under 
5 U.S.C. 804(2). The final supplementary rules merely establish rules 
of conduct for public use on a limited area of public lands and will 
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 will merely establish rules of conduct for 
public use on a limited selection of public lands and will 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)

    These final supplementary rules do not have significant takings 
implications, nor are they capable of interfering with Constitutionally 
protected property rights. The final supplementary rules merely 
establish rules of conduct for public use for a limited area of public 
lands and will not affect anyone's property rights. Therefore, the 
Department of the Interior has determined these final supplementary 
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 final supplementary rules will not have a substantial direct 
effect on the states, the relationship between the Federal Government 
and the states, nor the distribution of power and responsibilities 
among the various levels of government. These final supplementary rules 
will not conflict with any State law or regulation. Therefore, in 
accordance with Executive Order 13132, the BLM has determined 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 Office of the Solicitor has 
determined these final supplementary 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 Tribal 
Governments

    In accordance with Executive Order 13175, the BLM conducted 
consultation and coordination with Tribal governments in the 
development of the RMP and the EA which form the basis for the final 
supplementary rules. Tribal consultation was also undertaken on EA 
#DOI-BLM-UT-Y010-2019-0021-EA. The two Tribes who responded (the Hopi 
and the Southern Ute) fully concurred with the action to limit camping 
to designated sites.

Energy Supply, Distribution, or Use

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

Paperwork Reduction Act

    These final supplementary rules do not contain information 
collection requirements the Office of Management and Budget must 
approve under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501, et 
seq. Federal criminal investigations or prosecutions may result from 
these rules, and the collection of information for these purposes is 
exempt from the Paperwork Reduction Act, 44 U.S.C. 3518(c)(1).

Author

    The principal author of these final supplementary rules is Kathleen 
Stevens, Outdoor Recreation Planner, BLM Moab Field Office, 82 East 
Dogwood Avenue, Moab, UT 84532.

V. Final Supplementary Rules for the BLM Moab Field Office

    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 BLM Utah State Director establishes the following supplementary 
rules:

[[Page 24875]]

Definitions

    The following definitions apply to the final supplementary rules.
    Camping: The erecting of a tent or shelter of natural or synthetic 
material, preparing a sleeping bag or other bedding material for use, 
parking of a motor vehicle, motor home or trailer, or mooring of a 
vessel, for the apparent purpose of overnight occupancy while engaged 
in recreational activities such as hiking, hunting, fishing, bicycling, 
sightseeing, off-road vehicle activities, or other generally recognized 
forms of recreation.
    Klondike Bluffs Mountain Bike Focus Area: Public land located east 
of U.S. Highway 191, west of Arches National Park, north of the Dalton 
Wells Road and south of the block of State land near Interstate 70. A 
map of the area can be viewed at the Moab Field Office or in the 
Klondike Bluffs EA.
    Portable Toilet: (1) A containerized and reusable system; (2) A 
commercially available biodegradable system that is landfill disposable 
(e.g., Rest Stop, Go-Anywhere Toilet Kit or ``WAG bag''); or (3) A 
washable, reusable toilet within a camper, trailer or motor home.
    The following rules apply to the Klondike Bluffs Mountain Bike 
Focus Area and a nearby 160-acre parcel:
    (1) You must camp at a designated site.
    (2) You must not dispose of human waste in any other container than 
a portable or constructed toilet.
    (3) You must not cut, gather, or collect wood.

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 on public lands within Utah 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.

Exemptions

    Any Federal, State, local, or military persons acting within the 
scope of their official duties; members of an organized rescue or 
firefighting force in performance of an official duty; and persons who 
are expressly authorized or approved by the BLM.

Gregory Sheehan,
Bureau of Land Management, Utah State Director.
[FR Doc. 2022-08859 Filed 4-26-22; 8:45 am]
BILLING CODE 4310-DQ-P