[Federal Register Volume 89, Number 50 (Wednesday, March 13, 2024)]
[Notices]
[Pages 18428-18430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05203]


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DEPARTMENT OF AGRICULTURE

Forest Service

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[BLM_UT_FRN_MO4500172883]


Notice of Availability of the Draft Resource Management Plan and 
Environmental Impact Statement for the Bears Ears National Monument in 
Utah

AGENCY: Bureau of Land Management, Interior; Forest Service, 
Agriculture (USDA).

ACTION: Notice of availability.

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SUMMARY: In accordance with the National Environmental Policy Act of 
1969, as amended (NEPA), and the Federal Land Policy and Management Act 
of 1976, as amended (FLPMA), the Bureau of Land Management (BLM) and 
U.S. Department of Agriculture, Forest Service (USDA Forest Service), 
collectively ``the Agencies,'' have prepared a Draft Resource 
Management Plan (RMP) and Draft Environmental Impact Statement (EIS) 
for the Bears Ears National Monument (BENM or Monument), and by this 
notice are providing information announcing the opening of the comment 
period on the Draft RMP/EIS and the comment period on proposed areas of 
critical environmental concern (ACECs) on lands managed by the BLM and 
proposed recreational shooting closures. The BLM is leading the NEPA 
process in partnership with the USDA Forest Service, which will sign a 
decision for the USDA Forest Service-managed lands based on the 
analysis in the EIS. The Agencies have and will continue to 
meaningfully engage the Bears Ears Commission in the development of the 
RMP and EIS, as required by Proclamation 10285.

DATES: This notice announces the opening of a 90-day comment period for 
the Draft RMP/EIS beginning with the date following the Environmental 
Protection Agency's (EPA) publication of its Notice of Availability 
(NOA) of the Draft RMP/EIS in the Federal Register. The EPA usually 
publishes its NOAs on Fridays.
    To afford the Agencies the opportunity to consider comments in the 
Proposed RMP/Final EIS, please ensure the Agencies receive your 
comments prior to the close of the 90-day public comment period or 15 
days after the last public meeting, whichever is later.
    In addition, this notice announces the opening of a 90-day comment 
period for proposed recreational shooting closures and a 90-day comment 
period for proposed ACECs on lands managed by the BLM. The Agencies 
must receive your comments by June 11, 2024.
    The Agencies will hold a total of seven public meetings. Two 
meetings will be held virtually, and five meetings will be conducted 
in-person. The specific times and locations of the public meetings will 
be announced at least 15 days in advance through local media, social 
media, newspapers, and the ePlanning website (see ADDRESSES).

ADDRESSES: The Draft RMP/EIS is available for review on the BLM 
ePlanning project website at https://eplanning.blm.gov/eplanning-ui/project/2020347/510.
    Written comments related to the BENM Draft RMP/EIS may be submitted 
by any of the following methods:

 Website: https://eplanning.blm.gov/eplanning-ui/project/2020347/510
 Mail: ATTN: Monument Planning, BLM Monticello Field Office, 
365 North Main, Monticello, UT 84535

    Documents pertinent to this proposal may be examined online at 
https://eplanning.blm.gov/eplanning-ui/project/2020347/570 and at the 
BLM Monticello Field Office, 365 North Main, Monticello, Utah 84535.

FOR FURTHER INFORMATION CONTACT: Jill Stephenson, Project Manager, 
Bureau of Land Management Canyon Country District, 82 E Dogwood, Moab, 
Utah, 84532, by phone at 435-587-1529, or email at 
[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 for contacting Ms. Stephenson. 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: This document provides notice that the BLM 
Utah State Director and Manti-La Sal Forest Supervisor have prepared a 
Draft RMP/EIS, provides information announcing the opening of the 
comment period on the Draft RMP/EIS, and announces the comment period 
on the proposed ACECs and proposed recreational shooting closures. The 
planning area is located in San Juan County, Utah, and encompasses 
approximately 1.36 million acres of Federal land.
    Management of BENM is currently guided by the 2020 BENM Approved 
Monument Management Plans, 2008 Monticello Approved RMP, 2008 Moab 
Approved RMP, and 1986 Manti-La Sal National Forest Land and Resource 
Management Plan (LRMP), to the extent the management actions in these 
plans are consistent with Presidential Proclamation 10285 (October 8, 
2021).

Purpose and Need for the Planning Effort

    The purpose and need serve to frame the identification of issues, 
alternatives development, and effects analysis. Proclamation 10285 
directs the Agencies to ``prepare and maintain a new management plan 
for the entire monument'' for the specific purposes of ``protecting and 
restoring the objects identified [in Proclamation 10285] and in 
Proclamation 9558.''
    The RMP's underlying purpose (40 CFR 1502.13) is to provide a 
management framework--including goals, objectives, and management 
direction--to guide BENM management consistent with the protection of 
monument objects and the management direction provided in Proclamation 
10285.
    The purpose and need for the BENM RMP is aligned with the purpose 
and need to amend the plan direction and management allocation for the 
BENM in the Manti-La Sal National Forest LRMP. The proposed 
programmatic amendment would incorporate the proposed BENM RMP and 
boundary

[[Page 18429]]

area into the Manti-La Sal LRMP. The scale of the plan amendment 
applies to USDA Forest Service lands within the BENM boundary area. The 
Forest Service Planning Rule at 36 CFR 219.13(b)(2) requires 
responsible officials to provide notice of which substantive 
requirements of 36 CFR 219.8 through 219.11 are likely to be directly 
related to the amendment. Based on the criteria at 36 CFR 219.13(b)(5), 
the substantive Planning Rule provisions that are likely to be directly 
related to the proposed amendment of the Manti-La Sal National Forest 
LRMP are: 36 CFR 219.8 (b) (1), (5), and (6), regarding social and 
economic sustainability; 36 CFR 219.10 (a)(1), (4), (5), (7), (8), and 
(10), regarding integrated resource management for multiple use; and 36 
CFR 219.10 (b)(1)(ii), (iii), and (vi), regarding cultural and historic 
resources, areas of Tribal importance, and management of designated 
areas.

Alternatives Including the Preferred Alternative

    The Agencies have analyzed five alternatives in detail, including 
the no action alternative.
    Alternative A, the no action alternative, represents current 
management from the 2020 BENM Approved Monument Management Plans--which 
apply to lands that remained in BENM under Proclamation 9681--and to 
the 2008 Monticello Approved RMP, 2008 Moab Approved RMP, and 1986 
Manti-La Sal National Forest LRMP--which apply to the lands that were 
excluded from BENM under Proclamation 9681--to the extent that those 
management actions are consistent with Proclamation 10285. In some 
cases, decisions in the 2008 Monticello Approved RMP, 2008 Moab 
Approved RMP, and 1986 Manti-La Sal National Forest LRMP are 
inconsistent with Proclamation 10285; in those instances, Alternative A 
has been modified to be consistent with Proclamation 10285.
    Alternative B would provide the most permissive management for 
discretionary actions that are compatible with the protection of BENM 
objects. This alternative would focus on on-site education and 
interpretation and allow for the development of facilities to protect 
BENM objects.
    Alternative C would allow discretionary actions only if necessary 
to protect BENM objects. This alternative would focus on off-site 
education and interpretation and allow for limited development of 
facilities to protect BENM objects.
    Alternative D would allow for the continuation of natural processes 
by limiting or discontinuing discretionary uses. This alternative would 
minimize human-created facilities and management and would emphasize 
natural conditions.
    Alternative E would emphasize resource protection and maximize the 
consideration and use of Tribal perspectives on managing the BENM 
landscape. This alternative includes consideration of natural processes 
and seasonal cycles in the management of the BENM, and extensive 
collaboration with Tribal Nations to incorporate those considerations 
into the day-to-day management of the Monument.
    The Agencies considered five additional alternatives but dismissed 
these alternatives from detailed analysis as explained in the Draft 
RMP/EIS.
    The State Director and Forest Supervisor have identified 
Alternative E as the preferred alternative. Alternative E was found to 
best meet the State Director's and Forest Supervisor's planning 
guidance and, therefore, was selected as the preferred alternative 
because it provides goals, objectives, and management direction 
determined to be effective at protecting monument objects, balancing 
resource uses, and meeting the purpose and need. The preferred 
alternative does not constitute a commitment or decision, and there is 
no requirement to select the preferred alternative in the Records of 
Decision.

Mitigation

    The Draft RMP/EIS identifies, analyzes, and considers best 
management practices to mitigate the reasonably foreseeable impacts to 
resources and monument objects. Best management practices may include 
measures to avoid, minimize, rectify, reduce, or eliminate reasonably 
foreseeable impacts over time, and may be considered at multiple 
scales, including the landscape scale.

ACECs

    Consistent with the BLM's land use planning regulations at 43 CFR 
1610.7-2(b), the BLM is announcing the opening of a 90-day comment 
period on the ACECs proposed for designation on BLM-managed lands. 
Comments may be submitted using any of the methods listed in the 
ADDRESSES section earlier.
    The proposed ACECs included in preferred alternative are:
     San Juan River ACEC--approximately 1,485 acres. 
Designation proposed to protect scenic and cultural resources, fish and 
wildlife, natural systems and processes, and geologic features. 
Identified special management would include preserving the natural 
visual character of the landscape in some portions of the ACEC (Visual 
Resource Management (VRM) Class I) and retaining the existing visual 
character of the landscape in other portions of the ACEC in a manner 
where authorized changes do not attract the attention of the casual 
observer (VRM Class II); avoiding rights-of-way (ROW) designations in 
the San Juan Hill Recreation Management Zone; prohibiting permitted/
personal use of woodland products, except for limited on-site 
collection of dead wood for campfires; making the area available for 
livestock grazing subject to certain timing and management systems; 
prohibiting camping if cultural, wildlife, and natural processes are 
negatively impacted; and designating access trails to cultural sites as 
necessary to protect cultural resources.
     Shay Canyon ACEC--approximately 119 acres. Designation 
proposed to protect cultural and paleontological resources. Identified 
special management would include retaining the existing visual 
character of the landscape in a manner where authorized changes do not 
attract the attention of the casual observer (VRM Class II); 
prohibiting permitted/personal use of woodland products; limiting 
livestock grazing to trailing only; prohibiting campfires, camping, and 
off-trail hiking; prohibiting Special Recreation Permits (SRP) for 
competitive events, vending, and motorized, mechanized, and equestrian 
use; limiting SRP group size to 35 individuals; limiting SRPs to day 
use only; limiting recreation use if cultural and paleontological 
resources are negatively impacted; and prohibiting surface disturbing 
activities for vegetation, watershed, or wildlife treatments/
improvements.
     Lavender Mesa ACEC--approximately 649 acres. Designation 
proposed to protect vegetation resources. Identified special management 
would include retaining the existing visual character of the landscape 
in a manner where authorized changes do not attract the attention of 
the casual observer (VRM Class II); avoiding ROWs; closing the area to 
OHV use and restricting helicopter access; prohibiting permitted/
personal use of woodland products; making the area unavailable for 
livestock grazing; prohibiting campfires; and protecting vegetation for 
science and research purposes by limiting land treatments and other 
improvements (including wildlife habitat improvements and watershed 
control structures).

[[Page 18430]]

     Valley of the Gods ACEC--approximately 22,716 acres. 
Designation proposed to protect scenic resources. Identified special 
management would include preserving the natural visual character of the 
landscape (VRM Class I) (except on 57 acres of highway access portals); 
excluding ROWs; prohibiting permitted/personal use of woodland 
products; and prohibiting campfires.
     Indian Creek ACEC--approximately 3,936 acres. Designation 
proposed to protect scenic resources. Identified special management 
would include preserving the natural visual character of the landscape 
(VRM Class I); avoiding ROWs; closing the area to OHV use; prohibiting 
permitted/personal use of woodland products, except for limited on-site 
collection of dead wood for campfires; and revegetating with native 
species where feasible.
     John's Canyon Paleontological ACEC--approximately 11,465 
acres. Designation proposed to protect paleontological, cultural, and 
scenic resources; fish and wildlife; and threatened species. Identified 
special management would include retaining the existing visual 
character of the landscape in a manner where authorized changes do not 
attract the attention of the casual observer (VRM Class II); excluding 
ROWs; and limiting discretionary actions to those necessary to protect 
BENM objects.
     Aquifer Protection Area ACEC--approximately 85,856 acres. 
Designation proposed to protect natural systems/aquifer recharge areas, 
and scenic, cultural, and paleontological resources. Identified special 
management would include managing discretionary uses to avoid adversely 
impacting vegetation communities and ground-water dependent ecosystems; 
preserving the natural visual character of the landscape in some 
portions of the ACEC (VRM Class I) and retaining the existing visual 
character of the landscape in other portions of the ACEC in a manner 
where authorized changes do not attract the attention of the casual 
observer (VRM Class II); and requiring hydrologic studies for 
groundwater withdrawals.
    All nominated ACECs are proposed for designation in the preferred 
alternative.

Dingell Act Proposed Recreational Shooting Closures

    In accordance with the John D. Dingell, Jr. Conservation, 
Management, and Recreation Act of 2019 (Dingell Act, Pub. L. 116-9, 
Section 4103), the Agencies are announcing the opening of a 90-day 
public comment period on the proposed recreational shooting closures 
within the Monument. The preferred alternative would close the entire 
Monument--approximately 1.36 million acres--to recreational shooting to 
protect BENM objects, whereas the other alternatives would close 
portions of the Monument to recreational shooting. Comments may be 
submitted using any of the methods listed in the ADDRESSES section 
earlier.

Schedule for the Decision-Making Process

    Following this comment period, the Agencies will provide additional 
opportunities for public participation consistent with the NEPA and 
land use planning processes, including a 30-day public protest period 
and a 60-day Governor's consistency review on the Proposed RMP. The 
Proposed RMP/Final EIS is anticipated to be available for public 
protest in October 2024 with an Approved RMP and Records of Decision in 
January 2025. In accordance with 36 CFR 219.59(a), the USDA Forest 
Service will waive its objections procedures and adopt the BLM's 
protest procedures.
    The Agencies will continue to consult with Indian Tribal Nations on 
a government-to-government basis in accordance with Executive Order 
13175, BLM Manual Section 1780, and other Departmental policies. Tribal 
concerns, including impacts on Indian trust assets and potential 
impacts to cultural resources, will be given due consideration. The 
Agencies will also continue to meaningfully engage with the Bears Ears 
Commission, as required by Proclamation 10285.
    You may submit comments on the Draft RMP/EIS in writing to the 
Agencies at any public meetings or to the Agencies using one of the 
methods listed in the ADDRESSES section. To be considered, comments 
must be received by the end of the 90-day comment period. The ePlanning 
website (see ADDRESSES) includes background information on BENM and the 
planning process.
    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware 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.

(Authority: 16 U.S.C. 7913, 36 CFR 219.16, 36 CFR 219.59, 40 CFR 
1506.6, 40 CFR 1506.10, 43 CFR 1610.2, 43 CFR 1610.7-2).

Gregory Sheehan,
State Director.
Barbara Van Alstine,
Manti-La Sal Forest Supervisor (Acting).
[FR Doc. 2024-05203 Filed 3-12-24; 8:45 am]
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