14606 Federal Register / Vol. 89, No. 40 / Wednesday, February 28, 2024 / Proposed Rules 

* * * * * 

Issued in Washington, DC, on February 21, 

2024. 

Frank Lias, 

Manager, Rules and Regulations Group. 

[FR Doc. 2024–04040 Filed 2–27–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 8360 

[BLM_CO_FRN_MO4500170792] 

Public Lands Administered by the Tres 

Rios Field Office in Archuleta, La Plata, 

Montezuma, Dolores, San Miguel, and 

Montrose Counties; and by the 

Gunnison Field Office in Gunnison, 

Ouray, San Juan, and Hinsdale 

Counties, CO 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Proposed supplementary rule. 

SUMMARY: The Bureau of Land 

Management (BLM) Colorado is 

proposing a supplementary rule for 

public lands addressed in five planning 

efforts in the Tres Rios and Gunnison 

Field Offices. The proposed 

supplementary rule would implement 

decisions relating to motorized and nonmotorized vehicles, day-use areas, 

seasonal wildlife habitat protection, 

camping, and campfires. 

DATES: Please send comments to the 

following address by April 29, 2024. 

Comments postmarked or received in 

person or by electronic mail after this 

date may not be considered when 

developing the final supplementary 

rule. 

ADDRESSES: Please send comments 

related to the proposed supplementary 

rule implementing the Tres Rios Field 

Office (TRFO) Resource Management 

Plan (RMP), the Dolores River Corridor 

Management Plan (CMP), and the TRFO 

Transportation and Access Plan—Travel 

Area 1 (TAP1) to the Bureau of Land 

Management, Tres Rios Field Office, 

29211 Highway 184, Dolores, CO 81323; 

or email comments to tfouss@blm.gov. 

Please send comments related to the 

proposed supplementary rule 

implementing the Alpine Triangle 

Recreation Area Management Plan 

(RAMP) and the Silverton Travel 

Management Plan (TMP) to the Bureau 

of Land Management, Gunnison Field 

Office, 210 W Spencer Ave., Gunnison, 

CO 81230; or email comments to 

jlovelac@blm.gov. 

On all comments, please include 

‘‘Proposed Supplementary Rule’’ in the 

subject line. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding the TRFO RMP, 

Dolores River CMP, and TRFO TAP1, 

contact Tyler Fouss, Field Staff Ranger, 

Bureau of Land Management, Tres Rios 

Field Office, 29211 Highway 184, 

Dolores, CO 81323; telephone 970–882– 

1131; email: tfouss@blm.gov. 

For further information related to the 

Alpine Triangle RAMP and Silverton 

TMP, please contact James Lovelace, 

Supervisory Outdoor Recreation 

Planner, Bureau of Land Management, 

Gunnison Field Office, 210 W Spencer 

Ave., Gunnison, CO 81230; telephone 

970–642–4953; email jlovelac@blm.gov. 

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-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures 

II. Background 

III. Discussion 

IV. Procedural Matters 

V. Proposed Supplementary Rule 

I. Public Comment Procedures 

Written comments on the proposed 

supplementary rule should be specific, 

confined to issues pertinent to the 

proposed supplementary rule, and 

should explain the reason for any 

recommended change. Where possible, 

comments should reference the specific 

section or paragraph of the proposed 

supplementary rule. In developing the 

final supplementary rule, the BLM is 

not obligated to consider or include in 

the administrative record comments 

received after the close of the comment 

period unless postmarked or 

electronically dated before the deadline 

(see DATES) or comments delivered to an 

address or email other than those 

identified in ADDRESSES. 

Comments, including names, street 

addresses, and other contact 

information of respondents, will be 

available for public review at the TRFO 

and at the Gunnison Field Office (GFO) 

addresses (see ADDRESSES) during 

regular business hours Monday through 

Friday, except 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 we will be able to do 

so. 

II. Background 

In 2015, the TRFO approved an RMP 

to replace portions of the San Juan/San 

Miguel RMP that are within the 

jurisdiction of the TRFO (previously 

known as the San Juan Resource Area). 

The RMP and Record of Decision 

provided direction on how the BLM 

would manage public lands in 

Archuleta, La Plata, Montezuma, 

Dolores, San Miguel, Montrose, 

Gunnison, San Juan, Ouray, and 

Hinsdale Counties, Colorado, except for 

public lands within the Canyon of the 

Ancients National Monument, which is 

managed under a separate RMP 

approved in 2010. The TRFO RMP 

includes the Dolores River CMP and 

Alpine Triangle RAMP, which were 

approved in 1990 and 2010, 

respectively. During the public planning 

and EIS processes for the TRFO RMP, 

the BLM identified the need to establish 

a supplementary rule to provide for 

visitor health and safety and to protect 

cultural, wildlife, and natural resources 

on public lands managed by the BLM. 

When the BLM adopted the TRFO 

RMP, the plan included BLM-managed 

lands now under the jurisdiction of the 

GFO due to changes in the TRFO and 

GFO boundaries. Neither the TRFO 

RMP nor the GFO RMP have been 

updated to reflect these changes; thus 

the proposed supplementary rule would 

also apply to BLM-managed lands now 

administered by the GFO in parts of 

Hinsdale, San Juan, and Ouray 

Counties. 

Over the past 10 years, the BLM has 

recorded increases in visitation numbers 

and subsequent pressures in Special 

Recreation Management Areas (SRMAs), 

critical winter wildlife habitat areas, 

and to archaeological sites throughout 

the GFO and TRFO. To address the 

increasing concerns, the BLM is 

renewing its efforts to adopt a 

supplementary rule to implement the 

decisions in the five management plans 

to protect visitor health and safety and 

prevent natural and cultural resource 

degradation. 

Several sections of the proposed rule 

would implement decisions spanning 

all public lands managed by the BLM in 

the TRFO and GFO. Other sections 

would apply only to specific types of 

BLM-managed lands, such as SRMAs or 

critical winter wildlife habitat areas 

experiencing the most intense visitation. 

The proposed rule would only address 


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land use limitations and restrictions 

previously proposed, analyzed, and 

approved as part of the public planning 

processes for the TRFO RMP, Dolores 

River CMP, TRFO TAP1, Alpine 

Triangle RAMP, Silverton TMP, and 

associated Environmental Impact 

Statements (EIS) or Environmental 

Assessments (EA). The BLM developed 

the five management plans with 

extensive input from the public, Tribes, 

and elected officials through scoping, 

opportunities for public comment, and 

resource advisory committee meetings. 

The BLM took the following steps to 

involve the public in developing the 

plans that are the basis for this proposed 

supplementary rule: 

1. The TRFO RMP, initially a joint 

multi-agency planning effort, included 

extensive public participation in 

determining appropriate uses in the 

planning area. Public comments and 

input received during all planning 

stages resulted in the BLM fine-tuning 

its TRFO RMP. The TRFO RMP applies 

only to public lands managed by the 

BLM. 

2. Public participation for the Dolores 

River CMP was a coordinated effort 

consisting of a task force of people 

representing diverse interests, including 

local governments, private landowners, 

wildlife and fishing enthusiasts, 

resource conservationists, and private 

and commercial boaters. In addition, the 

BLM hosted several public meetings in 

local communities surrounding the 

planning area to consider options for 

managing the river canyon. 

3. To develop the TRFO TAP1, the 

BLM met with various individuals, 

organizations, and interest groups 

representing motorized, equestrian, and 

mechanized users as well as 

conservation organizations. The BLM 

also hosted open-house meetings to 

solicit initial public input. 

4. Public participation was vital to 

developing the Alpine Triangle RAMP. 

The BLM developed and implemented a 

public involvement strategy to obtain 

input from a diverse group of 

stakeholders and set the stage for 

community support. 

5. The public involvement effort for 

the Silverton TMP included 

opportunities for the public to provide 

feedback during scoping and review of 

the EA and a BLM open house public 

meeting at Kendall Mountain in 

Silverton, CO. 

III. Discussion 

This proposed supplementary rule 

would apply only to public lands and 

facilities managed by the TRFO and the 

GFO. 

The decisions in the five management 

plans this proposed supplementary rule 

would implement are focused on 

protecting public health and safety and 

preventing damage to natural and 

cultural resources. The five management 

plans include decisions concerning 

restrictions, prohibitions, and allowable 

uses to address identified issues or 

achieve management goals and 

objectives. For these decisions to be 

effectively implemented, enforcement is 

often needed, first to ensure the 

management decisions are properly 

understood and followed and second to 

provide for civil and criminal penalties 

should these restrictions and 

prohibitions not be followed. Most 

public land users will not notice 

meaningful changes as many of the 

sections of the proposed supplementary 

rule have been long-held 

recommendations that will now become 

regulations. 

Proposed supplementary rule 

numbers 1 through 14 address travel 

management within the TRFO and GFO 

for the Cortez, Dolores River, Durango, 

and Silverton SRMAs; the Gypsum 

Valley, Ancestral Puebloan, and Mesa 

Verde Escarpment Areas of Critical 

Environmental Concern (ACECs); Spring 

Creek Wild Horse Herd Management 

Area (HMA); the Willow Creek and 

Perins Peak Wildlife Management 

Areas; designated Wilderness Study 

Areas (WSAs); and the Coyote Wash and 

Snaggletooth areas managed to protect 

wilderness characteristics. The 

Silverton SRMA falls under the GFO but 

is identified in the TRFO RMP. 

The proposed supplementary rule 

would direct mechanized travel to 

designated routes to better preserve the 

essential resources attracting visitors to 

public lands, including scenic, cultural, 

and wildlife habitat resources. Travel off 

designated routes would be allowed for 

uses such as camping, picnicking, and 

firewood cutting as identified in the 

TMPs. 

WSAs are managed for primitive and 

unconfined recreation, opportunities for 

solitude, naturalness, roadlessness, 

livestock grazing, natural resources, and 

biodiversity. The Ancestral Puebloan 

and Mesa Verde Escarpment ACECs are 

designated for the protection of 

Ancestral Puebloan architectural sites. 

Non-motorized and mechanized travel 

in the ACECs would be limited to 

designated roads, trails, and areas to 

protect significant archeological 

resources. 

The Perins Peak and Willow Creek 

Wildlife Management Areas are 

essential areas to focus on protecting 

wildlife habitat and providing security. 

Mechanized travel in these areas would 

detract from wildlife management 

objectives. The BLM set aside the Perins 

Peak Wildlife Management Area to 

protect wildlife habitat. Within the 

Willow Creek Wildlife Management 

Area, mechanized restrictions would 

minimize winter stress and impacts to 

Gunnison Sage-grouse from December 1 

through March 15 and during critical 

nesting and breeding seasons occurring 

from March 1 through June 30. 

Proposed supplementary rule number 

15 would implement the TRFO RMP 

decision requiring domestic animals, 

such as dogs, within the Cortez SRMA, 

Durango SRMA, and Silverton SRMA to 

be controlled by leashes or voice 

command. This rule would resolve 

potential user conflicts and safety 

concerns due to the high number of 

social interactions among different user 

groups and their pets. The rule would 

also reduce user conflicts with livestock 

or wild game in these high-use 

recreation areas. For example, within 

the Silverton SRMA, this rule is needed 

to prevent negative interactions between 

recreationists and sheep herds, 

including the dogs used to protect them. 

Proposed supplementary rule 

numbers 16 through 18 would 

implement decisions associated with 

visitor day use within the Cortez SRMA 

and the Durango SRMA, as identified in 

the TRFO RMP. Within the Cortez 

SRMA, the supplementary rule would 

implement the RMP’s decision to 

prohibit camping, specifically in the 

Phil’s World Recreation Management 

Zone (RMZ) and Mud Springs RMZ 

portions of the Cortez SRMA. 

Residential trash dumping and ‘‘party 

debris’’ have been ongoing problems at 

both sites. Unmanaged dispersed 

camping can cause impacts to land and 

human health, leading to human waste 

concerns, especially in areas of high 

trail density as well as within drainages. 

Phil’s World is a nationally and 

internationally recognized mountain 

biking trail system with well-developed 

visitor expectations for high-value 

mountain bike trail experiences in a 

predominately natural setting. 

Developed or semi-developed camping 

sites within this unit would be out of 

character for this setting. However, 

camping opportunities are available in 

nearby public land parcels within the 

Cortez SRMA, which provides a broad 

spectrum of recreational opportunities 

within the area. 

Within the Durango SRMA, the 

proposed rule would implement the 

RMP’s prohibition against visitors 

entering the Animas City Mountain, 

Skyline, and Grandview RMZs of the 

Durango SRMA at night. The areas 

affected by this rule are in the urban 


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interface with the city of Durango and 

are popular for hiking, biking, and 

horseback riding. Dispersed camping 

has impacted land and human health, 

especially in high-trail-use areas and 

drainages. The proximity of these RMZs 

to the city of Durango, as well as an 

increase in transient, unhoused people 

in the region, has resulted in nonrecreation-related dispersed camping 

impacts to this landscape. 

The proposed rule would also 

implement the RMP’s ban on campfires 

in the Animas City Mountain, Skyline, 

and Grandview RMZs. Campfires within 

the Animas City Mountain, Skyline, and 

Grandview RMZs of the Durango SRMA 

create an increased risk of wildfire in an 

urban environment (city of Durango), 

which results in damage to natural and 

cultural resources and threats to public 

safety. In addition, campfire rings, 

ashes, and associated garbage left 

behind at campfire sites have a negative 

visual impact on the area. Finally, the 

presence of campfire rings encourages 

repeated illegal camping. 

Proposed supplementary rule 

numbers 19 through 22 would 

implement camping and fire restrictions 

within the Alpine Triangle, as 

determined in the TRFO RMP and the 

Alpine Triangle RAMP. This proposed 

rule is needed to protect historic 

buildings and resources as well as the 

historical value of the area’s mining 

history. Visitors may not intentionally 

harm historic sites when they camp; 

however, several camping activities 

cause inadvertent damage. For example, 

campfires can destroy or contaminate 

the historical record vital to our 

understanding of historical resources. 

Also, accidental trampling from foot 

traffic and camping shelters causes the 

movement of structures and site 

features. The supplementary rule would 

implement the decision in the Alpine 

Triangle RAMP to prohibit camping 

near sites included or eligible for 

inclusion in the National Register of 

Historic Places. In addition, campfires 

would be prohibited within 100 feet of 

historic structures. 

Proposed supplementary rule 

numbers 23 through 29 would 

implement decisions addressing river 

management within the Dolores River 

corridor in the TRFO RMP and Dolores 

River CMP. These decisions preserve 

the primitive settings and wilderness 

characteristics within the river corridor. 

The TRFO RMP and Dolores River 

CMP limit group size to allow the BLM 

to manage the area to meet resource and 

carrying capacity guidelines. In 

addition, the proposed supplementary 

rule would implement registration 

requirements at the boat launch sites 

allowing the BLM to better understand 

visitor use trends to manage recreational 

settings and experiences. 

The provision implementing the 

RMP’s requirement for river users to use 

a portable toilet would reduce exposure 

to human waste, which is a health risk 

to the public and BLM personnel. A 

human waste carry-out system must 

accompany all trips on the river. This 

system needs to contain washable, 

reusable, human waste containers. The 

waste carry-out system must provide for 

secure containment and an adequate 

volume of storage relative to group size 

and trip length. Plastic or metal waste 

containers must be sturdy enough to 

withstand strong impact and have a 

leak-proof lid even when inverted. The 

river canyon’s confined nature cannot 

accommodate indiscriminate digging of 

shallow pit toilets for each overnight 

group traveling down the river. The dayuse river users are not required to have 

a human waste carry-out system. 

The proposed rule would also 

implement the TRFO RMP and Dolores 

CMP’s decision to prohibit collecting 

dead or downed wood. McPhee Dam’s 

presence has dramatically reduced the 

supply of driftwood downstream of the 

dam on the Dolores River and supplies 

are no longer replenished yearly. 

Though the periodic death of green trees 

will augment the canyons bottoms’ 

natural wood reserve, increasing and 

sustained demand by boaters and other 

campers would likely deplete this 

supply. Also, driftwood piles along 

riverbanks provide unique habitats for 

species such as weasels, mink, lizards, 

and ringtails. 

The proposed supplementary rule 

would also require fire pans for any 

campfires within the Dolores River 

corridor in the TRFO RMP and Dolores 

River CMP. Packing out ashes is another 

tool for maintaining as clean a river as 

possible. 

Proposed supplementary rule 

numbers 30 through 33 would 

implement the TRFO RMP’s decisions 

to close areas within the Cortez SRMA, 

Durango SRMA, and Perins Peak 

Wildlife Management Area to minimize 

big game species’ stress and impacts 

within an area identified as critical 

winter habitat. This proposed rule 

would implement decisions to close the 

areas to all entry from December 1– 

April 30 each year for the protection of 

critical wildlife habitat. The closure 

may be lifted on April 15 if conditions 

and wildlife needs warrant. 

The supplementary rule would also 

implement the TRFO RMP’s decision to 

close Perins Peak Wildlife Management 

Area to all entry from March 15–July 31 

each year to protect critical raptor 

habitat. 

The authority for this proposed 

supplementary rule is set forth at 

sections 303 and 310 of the Federal 

Land Policy and Management Act, 43 

U.S.C. 1733 and 1740. The BLM is 

proposing this supplementary rule 

under the authority of 43 Code of 

Federal Regulations (CFR) 8365.1–6, 

which allows BLM State Directors to 

establish supplementary rules for the 

protection of persons, property, and 

public lands and resources. 

Procedural Matters 

Regulatory Planning and Review 

(Executive Orders (E.O.) 12866, 14094 

and 13563) 

This proposed supplementary rule is 

not a significant regulatory action and is 

not subject to review by the Office of 

Management and Budget under E.O. 

12866. This proposed supplementary 

rule would not have an annual effect of 

$100 million or more on the economy. 

It is not intended to affect commercial 

activity, but rather to impose rules of 

conduct for public use on a limited area 

of public lands. It would not adversely 

affect, in a material way, the economy, 

productivity, competition, jobs, 

environment, public health or safety, 

State, local, or Tribal governments, or 

communities. This proposed 

supplementary rule would not create a 

serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency. 

The rule would not materially alter 

the budgetary effects of entitlements, 

grants, user fees, or loan programs or the 

rights or obligations of their recipients; 

nor would it raise novel legal or policy 

issues. It merely strives to protect public 

safety and the environment. 

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. This proposed supplementary 

rule would have no effect on business 

entities of any size. This supplementary 

rule 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 this 


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proposed supplementary rule would not 

have a significant economic impact on 

a substantial number of small entities. 

Congressional Review Act 

This proposed supplementary rule 

does not constitute a ‘‘major rule’’ as 

defined at 5 U.S.C. 804(2). This 

proposed supplementary rule would 

merely establish rules of conduct for 

public use of a limited area of public 

lands. 

Unfunded Mandates Reform Act 

This proposed supplementary rule 

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 this proposed supplementary 

rule have a significant or unique effect 

on State, local or Tribal governments or 

the private sector. This proposed 

supplementary rule would merely 

impose reasonable restrictions on 

certain recreational activities on certain 

public lands in Colorado 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.). 

Governmental Actions and Interference 

With Constitutionally Protected Property 

Rights—Takings (E.O. 12630) 

This proposed supplementary rule is 

not a government action capable of 

interfering with constitutionally 

protected property rights. This proposed 

supplementary rule would not affect a 

taking of private property rights in any 

form; and would not cause the 

impairment of constitutionally 

protected property rights. A takings 

implication assessment is not required. 

This proposed supplementary rule 

would merely impose reasonable 

restrictions on certain recreational 

activities on certain public lands in 

Colorado to protect natural resources 

and the environment and human health 

and safety. Therefore, the BLM has 

determined this proposed 

supplementary rule would not cause a 

‘‘taking’’ of private property or require 

further discussion of takings 

implications under this E.O. 

Federalism (E.O. 13132) 

This proposed supplementary rule 

would not have a substantial direct 

effect on the States, on the relationship 

between the Federal Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. Therefore, 

in accordance with E.O. 13132, the BLM 

has determined that this proposed 

supplementary rule does not have 

sufficient federalism implications to 

warrant preparation of a Federalism 

Assessment. 

Civil Justice Reform (E.O. 12988) 

This proposed supplementary rule 

complies with the requirements of E.O. 

12988. More specifically, this proposed 

supplementary rule meets the criteria of 

Section 3(a), which requires agencies to 

review all regulations to eliminate errors 

and ambiguity and to write all 

regulations to minimize litigation. This 

proposed supplementary rule also meets 

the criteria of Section 3(b)(2), which 

requires agencies to write all regulations 

in clear language with clear legal 

standards. 

Consultation and Coordination With 

Indian Tribal Governments (E.O. 13175 

and Departmental Policy) 

In accordance with E.O. 13175, the 

BLM has determined this proposed 

supplementary rule does 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. Since this 

supplementary rule would not involve 

Indian reservation lands or resources, 

the BLM has determined government-togovernment relationships remain 

unaffected. This proposed 

supplementary rule would merely 

establish rules of conduct for public use 

of a limited area of public lands. 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.) 

This proposed supplementary rule 

does 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. 

National Environmental Policy Act 

This proposed supplementary rule 

would allow the BLM to implement and 

enforce key decisions in the TRFO RMP, 

the Dolores River CMP, the TRFO TAP1, 

the Alpine Triangle RAMP, and the 

Silverton TMP within TRFO and GFO. 

This proposed supplementary rule 

would not change the NEPA analysis or 

decisions set forth in each of the plans. 

During the National Environmental 

Policy Act (NEPA) review for each of 

these planning efforts, the BLM fully 

analyzed the effects of this proposed 

supplementary rule in their respective 

NEPA documents: 

• TRFO RMP EIS (DOI–BLM–CO–S010–

2011–0067–EIS)

• Dolores River CMP EA (DOI–BLM–

CO–030–SJ–90–46)

• TRFO TAP1 EA (DOI–BLM–CO–

S010–2018–0013)

• Alpine Triangle RAMP EA (DOI–

BLM–CO–160–2008–023–EA)

• Silverton TMP EA (DOI–BLM–CO–

F070–2019–0008–EA)

The BLM prepared a Determination of

NEPA Adequacy to confirm that the 

prior analyses and public comment 

processes were sufficient to inform the 

decision to establish this supplementary 

rule. Therefore, additional NEPA 

analysis is not required. Copies of the 

NEPA analysis and relevant decision 

document for each of the 

aforementioned plans, and the 

Determination of NEPA Adequacy for 

this proposed supplementary 

rulemaking, are on file at the BLM 

offices at the addresses specified in the 

ADDRESSES section and electronic copies 

are available online at https://

eplanning.blm.gov/eplanning-ui/ 

project/96401/510. 

Information Quality Act 

In developing this proposed 

supplementary rule, 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). 

Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (E.O. 13211) 

This proposed supplementary rule 

does not comprise a significant energy 

action. This proposed supplementary 

rule would not have an adverse effect on 

energy supply, production, or 

consumption and have no connection 

with energy policy. 

Facilitation of Cooperative Conservation 

(E.O. 13352) 

In accordance with E.O. 13352, the 

BLM has determined this proposed 

supplementary rule 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. 

Clarity of the Supplementary Rule 

E.O.s 12866, 12988, and 13563 require 

each agency to write regulations that are 

simple and easy to understand. The 

BLM invites your comments on how to 

make this proposed supplementary rule 


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easier to understand, including answers 

to questions such as the following: 

1. Are the requirements in the 

proposed supplementary rule clearly 

stated? 

2. Does the proposed supplementary 

rule contain technical language or 

jargon that interferes with its clarity? 

3. Does the format of the proposed 

supplementary rule (grouping and order 

of sections, use of headings, 

paragraphing, etc.) aid or reduce clarity? 

4. Is the description of the proposed 

supplementary rule in the 

SUPPLEMENTARY INFORMATION section of 

this preamble helpful in understanding 

the supplementary rule? How could this 

description be more helpful in making 

the proposed supplementary rule easier 

to understand? 

Please send any comments you have 

on the clarity of the rule to the address 

specified in the ADDRESSES section. 

Author 

The principal author of this proposed 

supplementary rule is Tyler Fouss, Field 

Staff Ranger, Bureau of Land 

Management, Tres Rios Field Office, 

Colorado. 

V. Proposed Supplementary Rule 

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 

Colorado State Director proposes this 

Supplementary Rule for public lands 

managed by the BLM in the Tres Rios 

Field Office and the Gunnison Field 

Office, to read as follows: 

Proposed Supplementary Rule for the 

Tres Rios Field Office and Gunnison 

Field Office 

Definitions 

Ancestral Puebloan Area of Critical 

Environmental Concern (ACEC) means 

the area designated as the ACEC with 

the same name in the TRFO RMP. 

Area of Critical Environmental 

Concern (ACEC) means areas within the 

public lands where special management 

attention is required (when such areas 

are developed or used or where no 

development is required) to protect and 

prevent irreparable damage to important 

historic, cultural, or scenic values, fish 

and wildlife resources or other natural 

systems or processes, or to protect life 

and safety from natural hazards. 

Campfire has the same meaning as it 

does at 43 CFR 8360.0–5(b). 

Camping means 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. 

Cortez Special Recreation 

Management Area (SRMA) means the 

area designated as the SRMA with the 

same name in the TRFO RMP. 

Designated travel routes means roads 

and trails open to specified modes of 

travel and identified on a map of 

designated roads and trails available for 

public inspection at the BLM Tres Rios 

Field Office, Colorado. Designated roads 

and trails are open to public OHV use 

in accordance with such limits and 

restrictions as are, or may be, specified 

in the RMP or a Travel Management 

Plan (TMP), or in future decisions 

implementing the RMP. This definition 

excludes any road or trail with BLMauthorized restrictions preventing use of 

the road or trail. Restrictions may 

include, but are not limited to, signs or 

physical barriers such as gates, fences, 

posts, branches, or rocks. 

Dolores River SRMA means the area 

designated as the SRMA with the same 

name in the TRFO RMP. 

Durango SRMA means the area 

designated as the SRMA with the same 

name in the TRFO RMP. 

Fire pan means a metal container 

capable of containing a campfire for 

purposes of containing all ash and 

protecting the underlying soils from 

scorching. 

Gypsum Valley ACEC means the area 

designated as the ACEC with the same 

name in the TRFO RMP. 

Herd Management Area (HMA) means 

those lands under the supervision of the 

Bureau of Land Management managed 

for the maintenance of wild horse and 

burro herds. 

Historic site means any prehistoric or 

historic district, site, building, structure, 

or object included in, or eligible for 

inclusion in, the National Register of 

Historic Places. The term includes 

properties of traditional religious and 

cultural importance to an Indian tribe or 

Native Hawaiian organization and that 

meet the National Register criteria. The 

term ‘‘eligible for inclusion in the 

National Register of Historic Places’’ 

includes both properties formally 

determined as such by the Secretary of 

the Interior and all other properties that 

meet National Register of Historic Places 

listing criteria. 

Lands managed to protect wilderness 

characteristics means those lands that 

have been: 

(1) Inventoried and determined by the 

BLM to contain wilderness 

characteristics as defined in section 2 (c) 

of the Wilderness Act; and 

(2) Identified to protect those 

characteristics through a land use 

planning process and subsequent 

Record of Decision. 

Mechanized vehicle means any device 

propelled solely by human power, upon 

which a person, or persons, may ride on 

land, having any wheels, with the 

exception of a wheelchair. 

Mesa Verde Escarpment ACEC means 

the area designated as the ACEC with 

the same name in the TRFO RMP. 

Motorized vehicle means any vehicle 

propelled by a motor or engine, capable 

of, or designed for, travel on or 

immediately over land, water, or other 

natural terrain, such as a car, truck, offhighway vehicle, motorcycle, or 

snowmobile. 

Off-highway vehicle has the same 

meaning as it does at 43 CFR 8340.0– 

5(a). 

Perins Peak Wildlife Management 

Area means the area designated as the 

Wildlife Management Area with the 

same name in the TRFO RMP that is 

managed by the BLM for critical big 

game winter wildlife habitat and critical 

raptor habitat. 

Portable toilet means a washable, 

leak-proof, reusable toilet system that 

allows for the carry-out and disposal of 

solid human body waste in a 

responsible and lawful manner; the 

system must be adequate for the size of 

the group and length of the trip. If a Wag 

Bag system is used it must be in a hardsided, clamped or screw top container— 

not a dry bag. 

Public lands has the same meaning as 

it does at 43 U.S.C. 1702(e). 

Redcloud Peak ACEC means the area 

designated as the ACEC with the same 

name in the Alpine Triangle RAMP, 

managed by the Gunnison Field Office. 

Resource Damage means damage to or 

disturbance of the soil, wildlife, wildlife 

habitat, improvements, cultural, or 

vegetative resources. 

Silverton SRMA means the area 

designated as the SRMA with the same 

name in the TRFO RMP, and managed 

by the Gunnison Field Office. 

Special Recreation Management Area 

(SRMA) means an administrative unit 

where the existing or proposed 

recreation opportunities and recreation 

setting characteristics are recognized for 

their unique value, importance and/or 

distinctiveness, especially as compared 

to other areas used for recreation. 

Spring Creek Wild Horse HMA means 

the area designated as the HMA with the 

same name in the TRFO RMP. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 40 / Wednesday, February 28, 2024 / Proposed Rules 14611 

Wilderness Study Area (WSA) means 

an area that has been identified as a 

Wilderness Study Area in the either the 

Gunnison or TRFO RMPs. 

Willow Creek Wildlife Management 

Area means the area designated as the 

Wildlife Management Area with the 

same name in the TRFO RMP. 

Prohibited Acts 

Unless otherwise authorized, the 

following acts are prohibited on all 

public lands, roads, trails, and 

waterways administered by the BLM 

within the areas defined: 

Within the Cortez SRMA, the Dolores 

River SRMA, the Durango SRMA, the 

Ancestral Puebloan ACEC, the Gypsum 

Valley ACEC, the Mesa Verde 

Escarpment ACEC, the Perins Peak and 

Willow Creek Wildlife Management 

Areas, the Spring Creek Wild Horse 

HMA, as identified in the TRFO RMP: 

1. You must not operate or possess a 

mechanized vehicle on any route, trail, 

or area not designated as open to such 

use, unless you are using a mechanized 

game cart to retrieve a large game 

animal with a valid carcass tag. Game 

carts are not allowed within the Perins 

Peak Wildlife Management Area. 

2. You must not use vehicles designed 

for traveling over snow unless there is 

adequate snow cover to protect the 

underlying vegetation and soils from the 

impact of that use. This use is 

prohibited in designated Wilderness, 

WSAs, or lands with wilderness 

characteristics that are managed to 

protect wilderness characteristics, in 

areas designated by Colorado Parks and 

Wildlife as critical big game winter 

relief and winter concentration areas, or 

areas designated by Colorado Parks and 

Wildlife as occupied Gunnison sagegrouse habitat. 

3. You must not possess a motorized 

vehicle beginning 2.4 miles north of the 

San Miguel/Dolores County line on the 

section of Road 14F vacated by San 

Miguel County (road vacated 2.4 miles 

north of the San Miguel/Dolores County 

line for a distance of 2.4 miles) from 

February 1 through May 1 each year to 

protect Desert Bighorn Sheep lambing, 

within the Dolores River SRMA. 

4. You must not operate a mechanized 

vehicle within the Willow Creek 

Wildlife Management Area from 

December 1 through June 30 each year 

for the protection of Gunnison Sagegrouse habitat. 

5. You must not operate a mechanized 

vehicle within the Perins Peak Wildlife 

Management Area. 

6. You must not hike, ride or be in 

possession of horses or other pack 

animals on any route, trail, or area not 

designated as open to such use within 

the Ancestral Puebloan ACEC and Mesa 

Verde Escarpment ACEC. Hiking and 

horseback riding is allowed both on and 

off designated travel routes throughout 

the remainder of the area managed by 

the Tres Rios Field Office. 

Within designated WSAs and the 

Coyote Wash and Snaggletooth lands 

with wilderness characteristics, as 

identified in the TRFO RMP: 

7. You must not operate or possess a 

mechanized vehicle. 

Within Archuleta County, La Plata 

County, and Montezuma County, as 

identified in the TRFO TAP–1: 

8. You must not possess a mechanized 

vehicle on any route, trail, or area not 

designated as open to such use, unless 

you are using a mechanized game cart 

to retrieve a large game animal with a 

valid carcass tag. Game carts are not 

allowed within the Perins Peak Wildlife 

Management Area. 

9. You must not park or use a 

motorized or mechanized vehicle more 

than 100 feet from the edge of a 

designated travel route (e.g., for such 

uses as camping, picnicking, or 

firewood cutting) as identified in the 

Travel Management Plan and travel 

management maps and firewood cutting 

map. 

10. You must not park a motorized 

vehicle more than 20 feet from the edge 

of a designated travel route or in a 

manner that causes resource damage in 

the Chutes and Ladders portion of the 

Cortez SRMA or the Mahan area within 

La Plata County. 

11. You must not use vehicles 

designed for traveling over snow unless 

there is adequate snow cover to protect 

the underlying vegetation and soils from 

the impact of that use. This use is 

prohibited in designated Wilderness, 

WSAs, or other lands managed to 

protect wilderness characteristics, in 

areas designated by Colorado Parks and 

Wildlife as critical big game winter 

relief and winter concentration areas, or 

in areas designated by Colorado Parks 

and Wildlife as occupied Gunnison 

sage-grouse habitat. 

Within the Silverton SRMA as 

identified in the TRFO RMP and the 

Silverton TMP administered by the 

GFO: 

12. You must not operate or possess 

a mechanized vehicle on any route, 

trail, or area not designated as open to 

such use unless you are using a 

mechanized game cart to retrieve a large 

game animal with a valid carcass tag 

outside of designated WSAs, or 

congressionally designated Wilderness 

Areas. 

13. You must not park a motorized 

vehicle more than 30 feet from the edge 

of a designated travel route or in a 

manner that causes resource damage. 

14. You must not use vehicles 

designed for traveling over snow unless 

there is adequate snow cover to protect 

the underlying vegetation and soils from 

the impact of that use. This use is 

prohibited in designated WSAs, 

congressionally designated Wilderness 

areas, and other lands managed to 

protect wilderness characteristics. This 

use is also prohibited in areas 

designated by Colorado Parks and 

Wildlife as critical big game winter 

relief and winter concentration areas or 

areas designated by Colorado Parks and 

Wildlife as occupied Gunnison sagegrouse habitat. 

Within the Cortez SRMA, Durango 

SRMA and Silverton SRMA, as 

identified in the TRFO RMP: 

15. Domestic animals must be on a 

leash or under voice command. 

Within the Cortez SRMA and the 

Durango SRMA as identified in the 

TRFO RMP: 

16. You must not enter or use the area 

within the Phil’s World Recreation 

Management Zone (RMZ) and Mud 

Springs RMZ portion of the Cortez 

SRMA 1⁄2 hour after sunset to 1⁄2 hour 

before sunrise unless: 

a. You are using the non-motorized 

trails within the Phil’s World Area; or 

b. You are a licensed hunter and 

acting in accordance with all rules and 

regulations as defined by Colorado 

Parks and Wildlife. 

17. You must not enter or use the area 1⁄2 hour after sunset to 1⁄2 hour before 

sunrise within the Animas City 

Mountain, Skyline and Grandview 

Recreation Management Zones of the 

Durango SRMA, except if you are a 

licensed hunter and acting in 

accordance with all rules and 

regulations as defined by Colorado 

Parks and Wildlife. 

18. You must not build, ignite, 

maintain, or attend to a fire or campfire 

within the Animas City Mountain, 

Skyline and Grandview Recreation 

Management Zones of the Durango 

SRMA. 

Within the Alpine Triangle as 

identified in the TRFO RMP and the 

Alpine Triangle RAMP for the GFO 

19. You must not camp within 300 

feet of the Animas Forks district 

boundary and the Gold Prince Mill 

National Register Districts. 

20. You must not camp within 150 

feet of a historic structure. 

21. You must not ignite or maintain 

a campfire within 150 feet of a historic 

structure. 

22. You must not ignite or maintain 

a campfire above 12,000 feet within the 

Redcloud Peak ACEC. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
14612 Federal Register / Vol. 89, No. 40 / Wednesday, February 28, 2024 / Proposed Rules 

Within the Dolores River SRMA as 

identified in the TRFO RMP and the 

Dolores River CMP: 

23. You must not use motorized 

watercraft from Bradfield Bridge to 

Bedrock. 

24. You must register at a developed 

BLM river launch point prior to 

watercraft use from Bradfield Bridge to 

Bedrock. 

25. You must not exceed posted 

group-size limits. 

26. During overnight river trips, you 

must dispose human waste into a 

portable toilet. 

27. You must not gather dead or down 

wood. 

28. You must not have a campfire or 

charcoal fire without the use of a fire 

pan. 

29. You must pack out all ashes 

associated with a campfire or charcoal 

fire. 

Within the Cortez SRMA, Durango 

SRMA and Perins Peak Wildlife 

Management Area as identified in the 

TRFO RMP: 

30. You must not enter the Chutes-nLadders, Summit, and Aqueduct areas 

of the Montezuma Triangle Recreation 

Management Zone within the Cortez 

SRMA from December 1 through April 

30 each year for the protection of critical 

winter wildlife habitat. Travel on 

county roads through the areas is 

allowed. 

31. You must not enter identified 

closure areas in the Animas City 

Mountain and Grandview Ridge 

Recreation Management Zones of the 

Durango SRMA from December 1 

through April 30 each year for the 

protection of critical winter wildlife 

habitat. This closure may be opened 

April 15 if conditions and wildlife 

needs warrant. 

32. You must not enter identified 

closure areas in the Perins Peak Wildlife 

Management Area from December 1 

through April 30 each year for the 

protection of critical winter wildlife 

habitat. This closure may be opened 

April 15 if conditions and wildlife 

needs warrant. 

33. You must not enter identified 

closure areas in the Perins Peak Wildlife 

Management Area from March 15 

through July 31 each year for the 

protection of critical raptor habitat. 

Exemptions 

The following persons are exempt 

from this supplementary rule: 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 part of 

this 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 or local law. 

(Authority: 43 U.S.C. 1733(a), 1740; 43 CFR 

8365.1–6) 

Douglas J. Vilsack, 

BLM Colorado State Director. 

[FR Doc. 2024–03732 Filed 2–27–24; 8:45 am] 

BILLING CODE 4331–16–P 

AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

48 CFR Parts 722 and 752 

RIN 0412–AA95 

USAID Acquisition Regulation: 

Safeguarding Against Exploitation, 

Sexual Abuse, Child Abuse, and Child 

Neglect 

AGENCY: U.S. Agency for International 

Development. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Agency for 

International Development (USAID) 

seeks public comment on a proposed 

rule revising the Agency for 

International Development Acquisition 

Regulation (AIDAR) to incorporate new 

requirements for Protection from Sexual 

Exploitation and Abuse (PSEA) and 

update existing child safeguarding 

requirements. This proposed rule 

strengthens protections for USAID’s 

program participants, community 

members, project staff, and other 

individuals in a position of 

vulnerability, and aligns and 

consolidates new PSEA and updated 

child safeguarding compliance and 

reporting requirements with existing 

requirements for Counter Trafficking in 

Persons. 

DATES: Comments must be received no 

later than April 29, 2024. 

ADDRESSES: You may send comments, 

identified by your name, company name 

(if any), and the Regulatory Information 

Number (RIN) 0412–AA95 for this 

rulemaking, via the following method: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for sending comments. 

Instructions: All submissions received 

must include the agency name and RIN 

for this rulemaking. All comments 

received will be posted without change 

to https://www.regulations.gov, 

including any personal information 

provided. We recommend that you do 

not submit information that you 

consider Confidential Business 

Information (CBI) or any information 

that is otherwise protected from 

disclosure by statute. If your comment 

cannot be submitted using https://

www.regulations.gov, please email the 

point of contact in the FOR FURTHER

INFORMATION CONTACT section of this 

document for alternate instructions. 

FOR FURTHER INFORMATION CONTACT: 

Nicole Thompson, 202–286–4696, 

policymailbox@usaid.gov. 

SUPPLEMENTARY INFORMATION: 

A. Providing Accountability Through 

Transparency Act of 2023 

The Providing Accountability 

Through Transparency Act of 2023 (5 

U.S.C. 553(b)(4)) requires that a notice 

of proposed rulemaking include ‘‘the 

internet address of a summary of not 

more than 100 words in length of the 

proposed rule, in plain language, that 

shall be posted on the internet website 

under section 206(d) of the EGovernment Act of 2002 (44 U.S.C. 3501 

note) (commonly known as 

regulations.gov).’’ 

In summary, ‘‘USAID proposes 

revisions to agency regulation to 

incorporate new contract requirements 

strengthening protections for program 

participants, community members, 

project staff, and other individuals 

connected to USAID-funded 

programming. The revisions consolidate 

Protection from Sexual Exploitation and 

Abuse and Child Safeguarding 

requirements, aligning with existing 

Trafficking in Persons requirements. 

Specifically, for applicable awards, 

contractors will be required to: establish 

minimum standards for preventing and 

responding to covered violations; 

develop and implement a compliance 

plan; and report alleged violations and 

contractor actions taken in response. 

These requirements will apply to all 

contracts, excluding personal services 

contracts with individuals and most 

commercial contracts.’’ 

The proposal, including the summary 

provided herein, can be found at https:// 

www.regulations.gov under the docket 

number for this proposed rule. 

B. Request for Comments 

USAID requests public comment on 

all aspects of this proposal, including 

specific questions highlighted below or 


ddrumheller on DSK120RN23PROD with PROPOSALS1