[Federal Register Volume 89, Number 174 (Monday, September 9, 2024)]
[Rules and Regulations]
[Pages 72999-73002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20154]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 8360

[BLM_CO_FRN_MO4500179563]


Travel Management on Public Lands in Montrose, Delta, San Miguel, 
and Ouray Counties, CO

AGENCY: Bureau of Land Management, Interior.

ACTION: Final supplementary rule.

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

SUMMARY: The Bureau of Land Management (BLM) is finalizing a 
supplementary rule to regulate travel management decisions in the Dry 
Creek Travel Management Plan (TMP) issued December 1, 2009; the Ridgway 
TMP issued May 10, 2013; and the Norwood-Burn Canyon TMP issued 
November 14, 2014. The supplementary rule will apply to public lands in 
Montrose, Delta, San Miguel, and Ouray counties, Colorado, administered 
by the BLM Uncompahgre Field Office.

DATES: The final supplementary rule is effective on October 9, 2024.

ADDRESSES: You may send inquiries by mail, electronic mail, or hand-
delivery. Mail or hand delivery: Caroline Kilbane, Outdoor Recreation 
Planner, BLM Uncompahgre Field Office, 2505 S Townsend Ave., Montrose, 
CO 81401. Electronic mail: [email protected].

FOR FURTHER INFORMATION CONTACT: Caroline Kilbane, Outdoor Recreation 
Planner, at (970) 240-5300 or by 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. 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

    The BLM is establishing this supplementary rule under the authority 
of 43 CFR 8365.1-6, which authorizes BLM State Directors to establish 
supplementary rules for the protection of persons, property, and public 
lands and resources.
    In March 2007, the BLM published in the Federal Register a Notice 
of Intent to Amend the Uncompahgre Basin and San Juan/San Miguel 
Resource Management Plans (RMPs) and prepare the Dry Creek 
Comprehensive Travel Management Plan, Colorado (72 FR 10243). The RMP 
amendment, approved in June 2010, changed off-highway vehicle 
designations in identified areas from ``Open or Limited'' to ``Limited 
to existing routes year-long or with seasonal restrictions'' until 
further route-by-route planning could be completed. The BLM issued 
decision records for the Dry Creek TMP on December 1, 2009; the Ridgway 
TMP on May 13, 2013; and the Norwood-Burn Canyon TMP on November 14, 
2014. The BLM approved the TMPs after multiple public comment 
opportunities and coordination with local government. On April 2, 2020, 
the BLM approved a revised Uncompahgre RMP that includes the Dry Creek, 
Ridgway, and Norwood-Burn Canyon travel management areas (TMAs) and 
brings forward from the TMPs the travel management decisions for these 
areas.
    This rule will implement and enforce several key decisions in the 
TMPs to protect natural resources, enhance public safety, and help 
improve habitat quality, big-game winter range, and migration 
corridors. The rule does not affect other existing rules. The rule 
applies to more than 121,000 acres of public land within the Dry Creek, 
Ridgway, and Norwood-Burn Canyon TMAs administered by the BLM 
Uncompahgre Field Office in Montrose, Delta, San Miguel, and Ouray 
counties, Colorado. This rule is necessary to regulate travel 
management decisions in the TMPs that restrict certain activities and 
define allowable uses intended to enhance public safety, protect 
natural and cultural resources, eliminate non-motorized impacts on 
sensitive species habitat, and reduce conflicts among public land 
users.
    The rule makes enforceable restrictions limiting the operation of 
mechanized vehicles to designated travel routes identified in the TMPs, 
with the following exemptions: (1) big game hunters are permitted to 
use mechanized game carts off designated travel routes outside of 
designated wilderness and wilderness study areas only when necessary to 
retrieve big game animals during authorized hunting seasons; (2) 
mechanized vehicles are permitted to pull off designated travel routes 
up to one vehicle-width from the edge of a roadway to accommodate 
parking, dispersed camping, or general recreation; and (3) in the Dry 
Creek TMA, mechanized vehicles are permitted to pull off within 300 
feet of a designated travel route in a designated camping area 
identified by a BLM sign or map.
    The rule makes enforceable seasonal restrictions on travel in 
certain priority big game wintering habitats identified by the BLM 
Uncompahgre Field Office, in consultation with Colorado Parks and 
Wildlife, as the most important big game winter use areas within the 
TMAs. These seasonal restrictions allow for human access during non-
restricted periods while closing key areas during critical seasons to 
preserve the health of big game herds.
    The rule makes enforceable authorized dispersed camping in the 
Norwood-Burn Canyon and Dry Creek TMAs unless a BLM sign or map 
identifies an area as closed to such use, as well as authorized camping 
in designated campgrounds in the Dry Creek TMA identified by a BLM sign 
or map. The rule implements and makes enforceable the closure of the 
Ridgway TMA to overnight use. In the Ridgway TMA, the rule makes 
enforceable the requirement that pets be leashed in the Uncompahgre 
Riverway Area and at all trailheads, as identified by BLM signs or 
maps, and under audible or physical

[[Page 73000]]

control in all other areas. In the Norwood-Burn Canyon TMA, the rule 
makes enforceable the requirement that pets be leashed at trailheads, 
as identified by BLM signs or maps, and under audible or physical 
control in all other areas. In the Dry Creek TMA, the rule makes 
enforceable the requirement that pets be under audible or physical 
control.

II. Discussion of Public Comments and Final Supplementary Rule

    The BLM published a proposed supplementary rule on November 28, 
2022 (87 FR 72954), soliciting public comments for 60 days. During the 
comment period, the BLM received one submission from a conservation 
organization. The comment supported the proposed rule and expressed 
support for protecting big game wintering habitat. No changes were made 
to the final supplementary rule as a result of the public comment.
    The final rule updates Rule No. 1 under the Ridgway TMA Prohibited 
Acts section to clarify that the big game seasonal closure applies to 
trail uses on designated routes only and is not an area closure.

III. Procedural Matters

Regulatory Planning and Review (Executive Orders (E.O.s) 12866 and 
13563)

    E.O. 12866, as amended by E.O. 14094, provides that the Office of 
Information and Regulatory Affairs (OIRA) in the Office of Management 
and Budget will review all significant rules. This rule is not 
significant under E.O. 12866. The rule will not have an effect of $100 
million or more on the economy. The rule does 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. The rule will not create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another agency. The rule will not materially alter the budgetary 
effects of entitlements, grants, user fees, or loan programs, or the 
rights or obligations of their recipients; nor does it raise novel 
legal or policy issues. The rule will not affect legal commercial 
activity; it merely imposes limitations on certain recreational 
activities on certain public lands to protect natural resources and 
enhance public safety.
    E.O. 13563 reaffirms the principles of E.O. 12866 while calling for 
improvement in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The Executive order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. E.O. 13563 emphasizes further 
that regulations must be based on the best available science and that 
the rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this rule in a manner consistent 
with these requirements.

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 would have a 
significant economic impact, either detrimental or beneficial, on a 
substantial number of small entities.
    This rule has no effect on business entities of any size and merely 
imposes 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 this rule does not have a significant economic impact on a 
substantial number of small entities.

Congressional Review Act

    This supplementary rule does not constitute a ``major rule'' as 
defined at 5 U.S.C. 804(2), the Small Business Regulatory Enforcement 
Fairness Act. The rule will not:
    (a) Have an annual effect on the economy of $100 million or more;
    (b) Cause a major increase in costs or prices for consumers; 
individual industries; Federal, State, or local agencies; or geographic 
regions; or
    (c) 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.
    This rule merely imposes reasonable restrictions on certain 
recreational activities on certain public lands to protect natural 
resources and the environment and human health and safety.

Unfunded Mandates Reform Act

    The rule does 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 does it have a significant or unique 
effect on small governments. The rule merely imposes 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.).

Takings (E.O. 12630)

    The rule does not constitute a Government action capable of 
interfering with constitutionally protected property rights. The rule 
does not address property rights in any form and does not cause the 
impairment of constitutionally protected property rights. Therefore, 
the BLM has determined that the rule does not cause a ``taking'' of 
private property or require further discussion of takings implications 
under this Executive order.

Federalism (E.O. 13132)

    The rule does 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 this rule does not have sufficient 
federalism implications to warrant preparation of a Federalism 
Assessment.

Civil Justice Reform (E.O. 12988)

    This rule complies with the requirements of E.O. 12988. 
Specifically, this rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

Consultation and Coordination With Indian Tribal Governments (E.O. 
13175)

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian Tribes through a 
commitment to consultation with Indian Tribes and recognition of their 
right to self-governance and Tribal sovereignty.

[[Page 73001]]

    In accordance with Executive Order 13175, the BLM has found this 
rule does not include policies that have Tribal implications and will 
have no bearing on trust lands or 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. Therefore, consultation under the 
Department's Tribal consultation policy is not required.

Paperwork Reduction Act

    This final supplementary rule does not contain information 
collection requirements the Office of Management and Budget must 
approve under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3521.

National Environmental Policy Act (NEPA)

    The supplementary rule implements key decisions in the TMPs. During 
the NEPA review for the TMPs, the BLM analyzed the substance of the 
supplementary rule in three different environmental assessments (EAs): 
DOI-BLM-CO-SO50-2008-033 EA for the Dry Creek TMP (decision record 
signed December 1, 2009); DOI-BLM-CO-SO50-2011-0011 EA for the Ridgway 
TMP (decision record signed May 13, 2013); and DOI-BLM-CO-SO50-2012-019 
EA for the Norwood-Burn Canyon TMP (decision record signed November 14, 
2014). Electronic copies of the decision records for each TMP are on 
file at the BLM office at the address specified in the ADDRESSES 
section above. The BLM completed a determination of NEPA adequacy (DOI-
BLM-CO-S050-2021-0045 DNA) confirming that the analyses in the TMP EAs, 
and the associated public involvement procedures, as well as the 
Uncompahgre Field Office RMP, are sufficient to support this 
rulemaking.

Effects on the Energy Supply (E.O. 13211)

    This rule does not comprise a significant energy action and does 
not have an adverse effect on energy supply, production, or consumption 
and has no connection with energy policy.

Author

    The principal author of this supplementary rule is Caroline 
Kilbane, Outdoor Recreation Planner, BLM, Uncompahgre Field Office.

IV. Final Rule

    For the reasons stated in the preamble, and under the authority of 
43 U.S.C. 1740 and 43 CFR 8365.1-6, the Colorado State Director, Bureau 
of Land Management (BLM), establishes supplementary rules for public 
lands managed by the BLM in the Dry Creek, Ridgway, and Norwood-Burn 
Canyon Travel Management Areas located in Montrose, Delta, San Miguel, 
and Ouray counties, Colorado, to read as follows:

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, primitive roads, and trails 
open or limited to specified modes of travel and identified on: (1) a 
BLM sign; or (2) a map of designated roads and trails that is 
maintained and available for public inspection at the BLM Uncompahgre 
Field Office, Colorado. Designated routes are open or limited to public 
use in accordance with any limits and restrictions as are specified in 
the Uncompahgre Resource Management Plan (RMP), the Dry Creek Travel 
Management Plan (TMP), the Ridgway TMP, the Norwood-Burn Canyon TMP, in 
future decisions implementing the RMP, or in this supplementary rule. 
Restrictions may include signs or physical barriers such as gates, 
fences, posts, branches, or rocks.
    Mechanized vehicle means a vehicle using a mechanical device not 
powered by a motor, such as a bicycle.
    Pet means any domesticated or tamed animal that is kept as a 
companion.

Prohibited Acts

Dry Creek Travel Management Area (TMA) Prohibited Acts
    (1) You must not operate or possess a mechanized vehicle except on 
designated travel routes, unless:
    (a) You are using a mechanized game cart for the purpose of 
retrieving a large game animal during authorized hunting seasons, 
outside of congressionally designated wilderness areas and wilderness 
study areas;
    (b) You are using a mechanized vehicle for the purpose of parking 
within one vehicle-width of the edge of a designated travel route for 
dispersed camping, where allowed, or general recreation; or
    (c) You are using a mechanized vehicle in a designated camping area 
as designated by a BLM sign or map and are within 300 feet of the 
designated travel route.
    (2) You must not operate or possess a mechanized vehicle on 
specific routes that cross priority big game wintering habitat from 
December 1 to April 15 or December 1 to March 31, as designated by a 
BLM sign or map, except to access private inholdings with proper 
authorization.
    (3) Pets must be controlled by physical or audible means.
Ridgway TMA Prohibited Acts
    (1) You must not operate or possess a mechanized vehicle except on 
designated travel routes, unless you are using a mechanized game cart 
for the purpose of retrieving a large game animal during authorized 
hunting seasons.
    (2) You must not operate or possess a mechanized vehicle or travel 
by foot or horse on specific routes that cross priority big game 
wintering habitat from December 1 to April 30, as designated by a BLM 
sign or map, except to access private inholdings with proper 
authorization and within the Uncompahgre Riverway Area.
    (3) Pets must remain on leashes within the Uncompahgre Riverway 
Area and at trailheads designated by a BLM sign or map. In all other 
areas, pets must be controlled by physical or audible means.
    (4) Overnight use is not allowed.
    (5) Mechanized vehicles must be parked within one vehicle-width of 
the edge of a designated travel route.
Norwood-Burn Canyon TMA Prohibited Acts
    (1) You must not operate or possess a mechanized vehicle except on 
designated travel routes, unless:
    (a) You are using a mechanized game cart for the purpose of 
retrieving a large game animal during authorized hunting seasons; or
    (b) You are using a mechanized vehicle for the purpose of parking 
within one vehicle-width of the edge of a designated travel route for 
dispersed camping or general recreation.
    (2) You must not operate or possess a mechanized vehicle on any 
route that crosses priority big game wintering habitat from December 1 
to April 30, as designated by a BLM sign or map, except to access 
private inholdings with proper authorization.
    (3) Dispersed camping is allowed unless closed by a BLM sign or 
map.
    (4) Pets must remain on leashes at trailheads designated by BLM 
signs or maps. In all other areas, pets must be controlled by physical 
or audible means.

Exemptions

    The following persons are exempt from this supplementary rule: any 
Federal, State, or local officers or employees acting within the scope 
of

[[Page 73002]]

their duties; members of any organized law enforcement, military, 
rescue, or fire-fighting force performing an official duty; and 
persons, agencies, municipalities, or companies holding an existing 
special-use permit and operating within the scope of their permit.

Enforcement

    Any person who violates any part of the final supplementary rule 
may be tried before a United States Magistrate and fined in accordance 
with 18 U.S.C. 3571, imprisoned 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 and local law.

(Authority: 43 U.S.C. 1733, 43 U.S.C. 1740; 43 CFR 8365.1-6)

Douglas J. Vilsack,
BLM Colorado State Director.
[FR Doc. 2024-20154 Filed 9-6-24; 8:45 am]
BILLING CODE 4331-16-P