[Federal Register Volume 89, Number 40 (Wednesday, February 28, 2024)]
[Proposed Rules]
[Pages 14606-14612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03732]


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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.

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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 non-motorized 
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 <a href="/cdn-cgi/l/email-protection#1a6e7c756f69695a787677347d756c"><span class="__cf_email__" data-cfemail="2551434a505656654749480b424a53">[email protected]</span></a>.
    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 <a href="/cdn-cgi/l/email-protection#c3a9afacb5a6afa2a083a1afaeeda4acb5"><span class="__cf_email__" data-cfemail="305a5c5f46555c515370525c5d1e575f46">[email protected]</span></a>.
    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: 
<a href="/cdn-cgi/l/email-protection#a5d1c3cad0d6d6e5c7c9c88bc2cad3"><span class="__cf_email__" data-cfemail="8efae8e1fbfdfdceece2e3a0e9e1f8">[email protected]</span></a>.
    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 
<a href="/cdn-cgi/l/email-protection#3a5056554c5f565b597a585657145d554c"><span class="__cf_email__" data-cfemail="650f090a1300090406250709084b020a13">[email protected]</span></a>.
    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. 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

[[Page 14607]]

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

[[Page 14608]]

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 non-
recreation-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 day-use 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

[[Page 14609]]

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-to-government 
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:

<bullet> TRFO RMP EIS (DOI-BLM-CO-S010-2011-0067-EIS)
<bullet> Dolores River CMP EA (DOI-BLM-CO-030-SJ-90-46)
<bullet> TRFO TAP1 EA (DOI-BLM-CO-S010-2018-0013)
<bullet> Alpine Triangle RAMP EA (DOI-BLM-CO-160-2008-023-EA)
<bullet> 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

[[Page 14610]]

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 BLM-authorized 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, off-highway 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 hard-sided, 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.

[[Page 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 sage-grouse 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 Sage-grouse 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 sage-grouse 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.

[[Page 14612]]

    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-n-Ladders, 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


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