```

[Federal Register Volume 90, Number 7 (Monday, January 13, 2025)]
[Rules and Regulations]
[Pages 2621-2631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00509]

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

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

[NPS-GLCA-NPS0039168; NPS-2024-0005; PPIMGLCAA0.PPMPSAS1Z.Y00000-
255P10361]
RIN 1024-AE91

Glen Canyon National Recreation Area; Motor Vehicles

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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

SUMMARY: The National Park Service revises special regulations for Glen 
Canyon National Recreation Area to update rules about the use of motor 
vehicles on roads and off roads on designated routes and areas.

DATES: This rule is effective February 12, 2025. Comments on the 
information collection contained in this final rule should be submitted 
to OMB by February 12, 2025.

ADDRESSES: The comments received on the proposed rule are available on 
www.regulations.gov in Docket No. NPS-2024-0005.
    Information Collection Requirements: Written comments and 
suggestions on the information collection requirements should be 
submitted by the date specified above in DATES to https://www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under Review--Open for Public 
Comments'' or by using the search function. Please provide a copy of 
your comments to the NPS Information Collection Clearance Officer 
(ADIR-ICCO), 13461 Sunrise Valley Drive (MS-244), Herndon, VA 20171 
(mail); or [email protected] (email). Please include ``1024-AE91'' 
in the subject line of your comments.

FOR FURTHER INFORMATION CONTACT: Michelle Kerns, Superintendent, Glen 
Canyon National Recreation Area, P.O. Box 1507, Page, Arizona 86040, by 
phone at 928-608-6210, or by email at [email protected]. 
Individuals in the United States who are deaf, deafblind, hard of 
hearing, or have a speech disability may dial 711 (TTY, TDD, or 
TeleBraille) to access telecommunications relay services. Individuals 
outside the United States should use the relay services offered within 
their country to make international calls to the point-of-contact in 
the United States. In compliance with the Providing Accountability 
Through Transparency Act of 2023, the plain language summary of the 
rule is available on Regulations.gov in the docket for this rulemaking.

SUPPLEMENTARY INFORMATION:

Background

Purpose and Significance of Glen Canyon National Recreation Area

    Congress established Glen Canyon National Recreation Area (the 
recreation area) in 1972 ``to provide for the public outdoor recreation 
use and enjoyment of Lake Powell and lands adjacent thereto in the 
states of Arizona and Utah and to preserve the scenic, scientific, and 
historic features contributing to the public enjoyment of the area.'' 
16 U.S.C. 460dd.
    The recreation area encompasses 1,254,117 acres in northern Arizona 
and southeastern Utah and constitutes a substantial part of the 
outstanding public lands of the Colorado Plateau. The recreation area 
offers a natural diversity of rugged water- and wind-carved canyons, 
buttes, mesas, and other outstanding physiographic features. The 
recreation area allows for a variety of recreational opportunities, 
including on- and off-road motor vehicle use and contains Lake Powell, 
the second-largest human-made lake in North America, which provides the 
opportunity to recreate in a natural environment and access remote 
backcountry areas. Evidence of 11,000 years of human occupation and use 
of resources in the recreation area provides a continuing story of the 
prehistoric, historic, and present-day affiliation of humans and their 
environment.

Authority To Promulgate Regulations

    The National Park Service (NPS) manages the recreation area under 
the NPS Organic Act (54 U.S.C. 100101 et seq.), which gives the NPS 
broad authority to regulate the use of the park areas under its 
jurisdiction. The NPS Organic Act authorizes the Secretary of the 
Interior, acting through the NPS, to ``prescribe such regulations as 
the Secretary considers necessary or proper for the use and management 
of [National Park] System units.'' 54 U.S.C. 100751(a). In the 
recreation area's enabling act, Congress directed the Secretary of the 
Interior to ``administer, protect, and develop the recreation area in 
accordance with the [NPS Organic Act], and with any other statutory 
authority available to him for the conservation and management of 
natural resources.'' 16 U.S.C. 460dd-3. These general authorities allow 
the NPS to regulate the use of motor vehicles within the recreation 
area, both on roads and off roads, and on designated routes and areas.
    Executive Order 11644, Use of Off-Road Vehicles on the Public 
Lands, was issued in 1972 and amended by Executive Order 11989 in 1977. 
Executive Order 11644 requires Federal agencies to issue regulations 
designating specific routes and areas on public lands where the use of 
off-road vehicles (ORVs) may be allowed. The NPS implemented these 
Executive Orders, in part, by promulgating a regulation at 36 CFR 4.10 
(Travel on park roads and designated routes). Under 36 CFR 4.10, the 
use of motor vehicles off park roads is not permitted unless routes and 
areas are designated for off-road motor vehicle use by special 
regulation. Under 36 CFR 4.10(b), such routes and areas may be 
designated only in national recreation areas, national seashores, 
national lakeshores and national preserves. This rule implements 
regulatory changes for certain areas where motor vehicles may be used 
off park roads in the recreation area in compliance with 36 CFR 4.10 
and Executive Orders 11644 and 11989.

[[Page 2622]]

The changes to motor vehicle use on roads within the recreation area 
are not subject to the requirements in 36 CFR 4.10(b) and the Executive 
Orders because they do not concern routes and areas. Paved and unpaved 
roads within the recreation area are referred to in this rule and 
defined in the regulations as ``GMP roads'' because they are identified 
in the recreation area's 1979 General Management Plan (GMP) as open to 
motor vehicle traffic. There are no roads within the recreation area 
other than GMP roads.

Current Motor Vehicle Use in the Recreation Area

    In 2021, the NPS promulgated special regulations that for the first 
time addressed the use of motor vehicles within the recreation area (86 
FR 3804). These regulations are codified at 36 CFR 7.70(f) and address 
the use of conventional motor vehicles, off-highway vehicles (OHVs), 
and street-legal all-terrain vehicles (ATVs). The regulations establish 
rules for the use of motor vehicles on paved and unpaved GMP roads and 
off roads in designated routes and areas. The regulations also contain 
a permit requirement for off-road motor vehicle use, motor vehicle and 
operator requirements, and provide the superintendent with a specific 
discretionary authority to establish closures, conditions, and 
restrictions on ORV use after taking into consideration public health 
and safety, natural and cultural resource protection, lake levels, and 
other management activities and objectives.

Litigation and Settlement Agreement

    The National Parks Conservation Association filed a Complaint 
challenging the special regulations on January 19, 2021, which it 
subsequently amended on April 16, 2021. The Southern Utah Wilderness 
Alliance filed a Complaint on March 15, 2023, which also challenged the 
special regulations. It amended its Complaint on August 7, 2023. The 
Court consolidated the two matters and stayed the cases for settlement 
discussions among the parties. The Parties executed a Settlement 
Agreement on March 26, 2024. The court subsequently entered an Order 
dismissing the cases on April 10, 2024. As part of the Settlement, the 
NPS agreed to propose revisions to the existing special regulations.

Off-Road Vehicle Managed Plan/Final Environmental Impact Statement

    In January 2017, the NPS completed an Off-Road Vehicle Management 
Plan/Final Environmental Impact Statement (FEIS). On August 15, 2018, 
the Regional Director for the Intermountain Region signed a Record of 
Decision (ROD) identifying the preferred alternative in the FEIS 
(Alternative E: Mixed Use) as the selected alternative. In support of 
this rule, the NPS prepared a revised Record of Decision (Revised ROD). 
The FEIS and the Revised ROD supersede all previous ORV management 
plans for the recreation area. A detailed history of prior NPS 
management of on- and off-road vehicle use can be found in the FEIS, 
which can be viewed together with the Revised ROD at https://parkplanning.nps.gov/glca by clicking any of the links entitled ``Off-
road Vehicle Management Plan/Environmental Impact Statement'' and then 
the link entitled ``Document List.'' The FEIS analyzes the issues and 
environmental impacts of five alternatives for the management of on- 
and off-road motor vehicle use in the recreation area. Major issues 
analyzed in the FEIS include social and economic issues, human health 
and safety, wildlife, natural soundscapes, wilderness, and visitor use 
and experience. Impacts associated with each of the alternatives are 
described in the FEIS. The Revised ROD addresses the purpose and need 
for this rule and evaluates potential impacts from its implementation. 
It also further explains the baseline for evaluating the impacts of 
motor vehicle use in the recreation area. Appended to the Revised ROD 
are a revised non-impairment determination and a site-specific 
evaluation of motor vehicle use on off-road routes and areas in the 
recreation area using the criteria in section 3(a) of E.O. 11644.

Final Rule

    This rule makes the following changes to the existing special 
regulations in 36 CFR 7.70(f).
    Two changes address OHV and street-legal ATV use in the Orange 
Cliffs Special Management Unit, defined in the existing regulations as 
the area identified as the Orange Cliffs Special Management Unit in the 
Canyonlands National Park and Orange Cliffs Unit of Glen Canyon 
National Recreation Area Backcountry Management Plan (NPS 1995). The 
rule prohibits the use of OHVs and street-legal ATVs on an 8-mile 
segment of the Poison Spring Loop located on Route 633 proceeding north 
to Route 730 in the Orange Cliffs Special Management Unit, identified 
in Table 2 to paragraph (f)(4)(i) in the existing special regulations. 
The rule also eliminates the superintendent's ability to potentially 
open the upper portion of the Flint Trail in the Orange Cliffs Special 
Management Unit to OHVs and street-legal ATVs, as stated in Table 2 to 
paragraph (f)(4)(i) and paragraph (f)(4)(ii) in the existing special 
regulations.
    Three other changes address off-road vehicle use in areas that 
allow for access from GMP roads to the shoreline of the lake, referred 
to as shoreline access areas.
    One change affects the following 10 shoreline access areas that are 
identified in table 1 to paragraph (f)(3)(ii) of the existing special 
regulations: Lone Rock Beach, Blue Notch, Bullfrog North and South, 
Crosby Canyon, Dirty Devil, Farley Canyon, Hite Boat Ramp, Red Canyon, 
Stanton Creek, White Canyon. The rule separates the existing shoreline 
access area at Bullfrog North and South into two shoreline access 
areas, one for Bullfrog North and another for Bullfrog South. The rule 
requires the superintendent to identify lake elevation levels at each 
of the 11 shoreline access areas where, if the lake elevation drops 
below the identified level and remains below the identified level for 
seven consecutive days, the shoreline access area will close to off-
road motor vehicle use. Inversely, if the lake elevation increases 
above the identified level and remains above the identified level for 
seven consecutive days, the shoreline access area will open to off-road 
vehicle use.
    The rule requires the superintendent to use hydrologic data from 
the United States Geological Survey and the Bureau of Reclamation to 
set the lake elevation levels, which will be subject to change based 
upon public health and safety, natural and cultural resource 
protection, and other management activities and objectives. The rule 
requires the elevation levels to be published on the recreation area's 
website and listed in the superintendent's compendium for the 
recreation area. The superintendent's compendium is a written 
compilation of all the designations, closures, permit requirements and 
other restrictions imposed under discretionary authority, required by 
36 CFR 1.7(b). After the lake elevation drops below or rises above the 
identified level, and the seven-day waiting period has concluded, the 
rule requires the superintendent to identify the shoreline access area 
as open or closed to off-road vehicle use on the website for the 
recreation area and in the superintendent's compendium within 14 days 
after the expiration of the seven-day waiting period. The rule requires 
the NPS to install signs at each shoreline access area notifying the 
public that it is opened or closed to off-road motor vehicle use. When 
a shoreline access area is closed because

[[Page 2623]]

lake elevations have dropped, the rule also requires the NPS to 
consider additional steps to prevent off-road vehicle use in the area, 
such as the installation of gates. The rule clarifies that motor 
vehicle use on a GMP road may continue within a closed shoreline access 
area at the discretion of the superintendent, and subject to the rules 
for operating a motor vehicle on such roads in the special regulations.
    A second change related to shoreline access areas adds a statement 
in the regulations that off-road vehicle use in any of those areas, 
including the shoreline access areas identified in table 1 to paragraph 
(f)(3)(ii) of the existing special regulations that are not subject to 
closure based upon lake elevation, must be for the purpose of traveling 
from a GMP road to the shoreline, and back. This draws a clear 
distinction between the purpose of off-road vehicle use in shoreline 
access areas and the purpose of off-road vehicle use in Lone Rock 
Beach, Lone Rock Beach Play Area, and Ferry Swale, which are identified 
in table 1 to paragraph (f)(3)(ii), but not considered shoreline access 
areas. Lone Rock Beach is a developed area with a year-round campground 
and visitor activities associated with that use. Lone Rock Beach Play 
Area is a fenced location open to dispersed, high-intensity ORV use. 
Ferry Swale is a network of approximately 21 miles of off-road vehicle 
routes that does not provide access to the lake.
    The existing regulations in paragraph (f)(6)(i) require the 
superintendent to provide public notice of closures, conditions or 
restrictions on ORV use through one or more of the methods listed in 36 
CFR 1.7. A third change affecting shoreline access areas requires the 
superintendent, in every case, to publish notice of all such actions on 
the recreation area's website.
    This final rule also prohibits OHV and street-legal ATV use on the 
following unpaved GMP roads in the Recreation & Resource Utilization 
Zone that is defined in the GMP:
     Unnamed road near Dry Mesa/Sheep's Canyon near Hite, 
sometimes referred to as Dry Mesa Road (approximately 4.31 miles).
     Road #2/95 Spur near Hite, also known as Dirty Devil Spur 
(approximately 1.14 miles).
     Cove Canyon Spur Road near Hite (approximately 0.65 
miles).
     Flint Trail Spur Road near Hite, also known as Waterhole 
Flat Spur #1 Road & Dark Canyon Overlook Road (approximately 0.72 
miles).
     Ticaboo Mesa Road near Bullfrog (approximately 1.45 
miles).
     Muley Point Road (approximately 1.26 miles).
     Johns Canyon Road near Muley Point (approximately 7.49 
miles).
    This final rule also changes the quiet hours in the Lone Rock Beach 
Play Area from 10 p.m. to 6 a.m., in the existing regulations, to 
sunset to sunrise in the final rule. The superintendent retains the 
authority to lengthen the quiet hour time-period.
    Finally, this final rule removes two sentences in paragraphs 
(f)(2)(i) and (f)(3)(ii) stating that certain regulations are effective 
beginning on May 17, 2021. This date has passed and therefore these 
statements are obsolete and unnecessary.

Summary of Public Comments

    The NPS published a proposed rule in the Federal Register on 
September 16, 2024 (89 FR 75511). The NPS accepted public comments on 
the proposed rule for 60 days via the mail, hand delivery, and the 
Federal eRulemaking Portal at https://www.regulations.gov. Comments 
were accepted through November 15, 2024. The NPS received 2,351 
comments on the proposed rule, including one letter-writing campaign 
with over 2,180 submissions. The NPS received comments from the State 
of Utah, county governments, advocacy groups, and private individuals. 
After considering public comments and after additional review, the NPS 
made one change to the proposed rule. The NPS has removed a proposed 
revision to paragraph (f)(2)(ii) in the existing special regulations 
that would have replaced the reference to a ``special use permit'' with 
a general reference to a ``permit.'' This proposed change is not part 
of the Settlement Agreement and therefore does not need to be included 
in this rule. Summaries of pertinent issues raised in the comments and 
NPS responses are provided below.
    1. Comment: One commenter expressed concern about the impact of the 
rule on Kane County roads that run through the recreation area and 
requested that the NPS seek input and coordinate with county officials 
before making changes that would impact use of those roads.
    NPS Response: The NPS values its partnerships with State, county 
and local governments and has endeavored to keep all partners informed 
and engaged in the planning and rulemaking processes that have occurred 
since the initial ORV planning stages in 2012. The NPS looks forward to 
continued discussions with its many partners and stakeholders during 
the implementation of this rule.
    2. Comment: Several commenters asked the NPS to further explain the 
purpose and need for this rule. In particular, commenters asked the NPS 
to identify adverse impacts to resources (e.g., soil, vegetation, 
wildlife, watershed) and visitors (e.g., for recreation and access) 
caused by existing motor vehicle use that support the restrictions in 
this rule. Several commenters asked the NPS to compare impacts from 
OHVs and street-legal ATVs with impacts from conventional motor 
vehicles in a manner that supports the different treatment of those 
vehicle categories in this rule. Another commenter asked the NPS to 
share key research supporting the need for the rule.
    NPS Response: Independent of the litigation, the NPS believes that 
the changes to the special regulations in this rule are appropriate for 
the reasons provided below. These changes are targeted, small in scale, 
and balance recreational interests from various user groups with 
resource protection. The large majority of the existing regulations 
will remain the same, including designated routes and areas for ORV 
use, permit requirements, and motor vehicle operator requirements 
(e.g., speed limits and equipment requirements).
    Eliminating OHV and street-legal ATV use in the Orange Cliffs 
Special Management Unit will better implement portions of the 1995 
Backcountry Management Plan. The NPS developed this inter-park 
management plan to increase consistency and protection for visitors to 
both the Maze District of Canyonlands National Park (where OHVs and 
street-legal ATVs are prohibited) and the Orange Cliffs Special 
Management Unit. This change also will better implement the direction 
in the GMP that the NPS manage the Orange Cliffs Special Management 
Unit to maintain a relatively primitive, undeveloped atmosphere.
    The changes related to shoreline access areas largely implement 
current management practices. Shoreline access area boundaries are 
defined by topographical features (e.g., water lines and sandstone 
cliffs) that prevent motor vehicles from leaving designated areas. Low 
water levels expose travel corridors that would otherwise be blocked by 
topographical features, allowing users to leave designated shoreline 
access areas with resulting damage to resources (e.g., soils, cultural 
and paleontological resources, and soundscapes). The FEIS identifies 
closures as an ORV management strategy to address decreasing lake 
elevations. The NPS already uses lake elevations as a

[[Page 2624]]

management guide for motor vehicle use in shoreline access areas, and 
closes shoreline access areas using the discretionary authority of the 
superintendent in the existing regulations. This rule creates an 
explicit process for implementing closures due to low lake elevations, 
which will better inform visitors of potential closures and protect 
resources. This management tool will allow the NPS to respond to 
dramatic lake elevation changes that occur on Lake Powell (up to 75 
feet annually) and facilitate active management of shoreline access 
areas.
    Shoreline access areas are identified in the GMP and FEIS as a 
mechanism to facilitate access to the lake for recreation. Shoreline 
access areas were never contemplated or designed for dispersed driving. 
This change will help fulfill the original purpose of shoreline access 
areas and communicate that purpose to the public.
    Eliminating OHV and street-legal ATV use on the subset of unpaved 
roads outside of the Orange Cliffs Special Management Unit will more 
closely align the regulations with zoning prescriptions in the GMP, 
which limit impacts to soundscapes in Natural Zones within the 
recreation area. The unpaved roads that would be affected by this rule 
are located close enough to Natural Zones such that the use of OHVs and 
street-legal ATVs on those roads would create adverse impacts to the 
soundscapes in those zones.
    Establishing longer quiet hours in the Lone Rock Beach Play Area 
may reduce conflict between user groups, improve visitor safety, and 
better protect wildlife.
    For more information about the purpose and need for the rule and 
associated environmental impacts, the public can view the FEIS and 
Revised ROD, which can be viewed on the NPS planning site at https://parkplanning.nps.gov/glca by clicking any of the links entitled ``Off-
road Vehicle Management Plan/Environmental Impact Statement'' and then 
the link entitled ``Document List.'' The NPS evaluates impacts to 
resources in the recreation area from all categories of motor vehicle 
use in both documents. The FEIS contains an executive summary that 
presents an abbreviated version of the issues, research and analysis 
that informed the decision-making process, as well as provides a 
comparison between the alternatives considered.
    3. Comment: Several commenters stated that the NPS has no authority 
to restrict travel on roads to which the State of Utah or county 
governments have a claim under Revised Statute 2477 (R.S. 2477) and 
asked the NPS recognize claimed R.S. 2477 rights. One commenter 
asserted that the NPS should consult with the State of Utah before 
asserting jurisdiction over such roads. Another commenter asked the NPS 
to defer any restrictions or closures on roads subject to R.S. 2477 
claims until the courts resolve the merits of such claims. Roads 
identified in such comments that will be affected by this rule include 
the Flint Trail, Poison Spring Loop, and Cove Canyon Spur Road.
    NPS Response: The NPS has broad authority to regulate motor vehicle 
use within the recreation area. The changes in this rule do not close 
any roads within the recreation area; they prohibit certain categories 
of motor vehicles on a small subset of roads. Claims by the State of 
Utah and county governments under R.S. 2477 within the recreation area 
have not been adjudicated. The NPS will evaluate the legal effects of 
any future court decisions regarding R.S. 2477 claims at the 
appropriate time. Under the Quiet Title Act, ``[t]he United States 
shall not be disturbed in possession or control of any real property 
involved in any action . . . pending a final judgment or decree, the 
conclusion of any appeal therefrom, and [for] sixty days [thereafter]. 
. . .'' 28 U.S.C. 2409a(b).
    4. Comment: Several commenters stated that the restrictions on 
motor vehicle use in this rule are contrary to Congressional intent 
that the NPS manage the recreation area for the purpose of ensuring 
public access to outdoor recreation and enjoyment. Other commenters 
stated that there is no basis in the recreation area's enabling act to 
manage categories of motor vehicles differently.
    NPS Response: Congress established the recreation area in 1972 to 
``provide for public outdoor recreation use and enjoyment of Lake 
Powell and lands adjacent thereto in the states of Arizona and Utah and 
to preserve the scenic, scientific, and historic features contributing 
to the public enjoyment of the area.'' 16 U.S.C. 460dd(a) The enabling 
act also provides that ``[t]he Secretary shall administer, protect, and 
develop the recreation area in accordance'' with the NPS Organic Act 
``and with any other statutory authority available . . . for the 
conservation and management of natural resources.'' Id. at Sec.  460dd-
3. These general authorities, among others, instruct the NPS to provide 
public recreation opportunities while regulating and administering the 
recreation area in a manner that complies with the NPS Organic Act and 
conserves natural resources. Thus, the NPS has broad discretion to 
manage categories of motor vehicles differently. The FEIS and Revised 
ROD explain why the potential impacts to resources and visitors are 
different between conventional motor vehicles, on the one hand, and 
OHVs and street-legal ATVs, on the other hand. OHVs and street-legal 
ATVs produce more noise than conventional motor vehicles, creating 
greater impacts on soundscapes. In addition, OHVs and street-legal ATVs 
generally are more capable of traveling off unpaved roads and directly 
over undisturbed natural terrain compared to conventional motor 
vehicles. This creates the potential for greater impacts to natural 
resources in those areas.
    5. Comment: One commenter argued that the rule bypasses the 
authority held by Congress to designate wilderness areas by limiting 
motorized access in the Orange Cliffs Management Unit.
    NPS Response: Prohibiting OHVs and street-legal ATVs cannot be 
considered a de facto designation of the Orange Cliffs Management Unit 
as wilderness. The regulations will continue to allow conventional 
motor vehicles on unpaved GMP roads within the Orange Cliffs Management 
Unit. Motor vehicle use is prohibited in designated wilderness and this 
rule does not change that. Neither the rule nor the existing 
regulations address any of the other prohibited uses in the Wilderness 
Act, such as motorized equipment, commercial activities, landing of 
aircraft, mechanical transport, structures, or installations.
    6. Comment: One commenter asserted that E.O. 11644 precludes the 
NPS from considering the impacts of motor vehicles, in particular OHVs 
and street-legal ATVs, on the soundscape of the recreation area because 
that term is not mentioned in the E.O., unlike other resources such as 
soil, vegetation, and wildlife. This commenter also suggested that the 
NPS decrease the maximum decibel level limit in the existing 
regulations as a more effective way to protect soundscapes than placing 
new restrictions on OHVs and street-legal ATVs. The commenter stated 
that the rule will be ineffective in protecting soundscapes because 
conventional motor vehicles can produce noise levels equal to or 
exceeding the levels produced by the other OHVs and street-legal ATVs.
    NPS Response: Soundscapes are a resource the NPS manages, with a 
goal of preserving, to the greatest extent possible, natural 
soundscapes within System units. NPS Management Policies 2006, Section 
4.9. The NPS has committed to restoring the natural soundscape 
condition wherever

[[Page 2625]]

possible when soundscapes have been degraded by unnatural sounds 
(noise) and will protect natural soundscapes from unacceptable impacts. 
While true that Executive Order 11644 does not specifically identify 
``soundscape'' as a resource, it does require Federal agencies to 
consider harassment of wildlife, disruption of wildlife habitat, 
conflicts with other recreational users, and the compatibility of those 
uses. Further, it requires agencies to determine that designated 
locations for ORV use will not adversely affect their natural, 
aesthetic, or scenic values. The NPS considers soundscapes as a natural 
value of the recreation area. Therefore, the NPS considers noise as 
part of that analysis. Reducing the maximum 96 decibel of sound limit 
in the existing regulations would functionally preclude the use of many 
OHVs and street-legal ATVs in the recreation area. It also would be too 
broad of a prescription because in some locations noise output up to 
that level may be appropriate. As explained in the FEIS, OHVs and 
street legal ATVs generally have greater noise impacts than 
conventional motor vehicles.
    7. Comment: Several commenters stated that NPS regulations for 
managing motor vehicle use in the recreation area should avoid conflict 
with State of Utah and county laws and policies. One commenter cited 
conflict with the San Juan County Travel Plan which recognizes Johns 
Canyon Road, Muley Point Road, and Dry Mesa Road as open to all classes 
of vehicles. Several commenters cited conflict with State of Utah motor 
vehicle law which allows off-highway vehicles on public highways 
designated as open by the controlling Federal, State, country, or 
municipal agency. State of Utah Code 41-22-10.1.
    NPS Response: The NPS recognizes the value of consistent management 
among Federal and State jurisdictions. NPS regulations adopt non-
conflicting State law for traffic and the use of motor vehicles in all 
National Park System units, including the recreation area. See 36 CFR 
4.2(a). In some situations, however, it may be necessary for NPS 
regulations to conflict with State and local laws or policies in order 
to comply with Federal law and policy. As the controlling agency for 
the management of lands within the recreation area, the NPS has a legal 
responsibility to manage the recreation area in accordance with the 
enabling act, which requires the NPS to administer, protect, and 
develop the recreation area in accordance with the NPS Organic Act for 
the conservation and management of natural resources. The NPS believes 
that the restrictions in this rule on the use of OHVs and street-legal 
ATVs on certain unpaved roads within the recreation area are 
appropriate. This is further explained in the Revised ROD. The NPS made 
substantial effort to ensure that the changes in this rule are minor 
alternations to the existing regulations that implement the preferred 
alternative in the FEIS.
    8. Comment: One commenter stated that prohibiting OHVs and street-
legal ATVs on Johns Canyon Road limits the ability of the State of Utah 
Trust Lands Administration to derive the full economic benefit of State 
trust lands from recreational and other revenue generating activities.
    NPS Response: The NPS recognizes the importance of allowing the 
residents of the State of Utah to derive economic benefit from State 
trust lands and does not believe that this rule will eliminate the 
economic value of State trust lands accessible by Johns Canyon Road. 
This road will continue to be open to conventional motor vehicles as a 
means of accessing adjacent trust lands. The NPS is willing to discuss 
access to and activities on State trust lands to the extent a written 
authorization from the NPS, or cooperation between the NPS and the 
Trust Lands Administration, is necessary or appropriate.
    9. Comment: One commenter suggested that the NPS change quiet hours 
in the Lone Rock Beach Play Area to 30 minutes before sunset and after 
sunrise to further enhance the enjoyment of watching those events.
    NPS Response: The decision to set quiet hours to sunrise and sunset 
generally lengthens quiet hours compared to the existing regulations, 
which will allow for more tranquil experiences during those events. It 
further will allow quiet hours to shift with the seasons without the 
need for administrative actions. Adding 30-minute buffers on either 
side of sunset and sunrise will complicate the public's understanding 
of when quiet hours begin and end and may increase the potential for 
misunderstanding and visitor conflict.
    10. Comment: Several commenters objected to the NPS closing 
shoreline access areas when lake elevations drop. One commenter argued 
that this would unfairly limit access to Lake Powell when other visitor 
activities on the water, such as boating and operating generators to 
power houseboats, have greater impacts to the natural environment than 
ORV use. Other commenters stated that certain shoreline access areas, 
such as Farley Canyon, Blue Notch Canyon, Red Canyon, and White Canyon 
should remain open because they provide wild camping experiences that 
are not available at more accessible shoreline access areas. Another 
commenter specifically asked the NPS to keep Blue Notch Canyon open at 
any lake elevation because it is the only northern vehicle-access point 
for small boat launching and shore camping.
    NPS Response: The NPS established the boundaries of shoreline 
access areas utilizing topographical and bathymetric data to identify 
confining barriers for motorized vehicle traffic. The NPS designed 
shoreline access to accommodate access at higher lake levels, 
accounting for only small fluctuations in surface elevations. When lake 
levels recede to certain elevations, alternative travel corridors can 
become exposed, allowing motorized vehicle users to leave designated 
areas and potentially cause resource impacts. Persistent drought over 
the last two-and-a-half decades, however, has resulted in a steady 
decline of the level of the lake, which has receded well below the 
original boundaries of many of the shoreline access areas at the 
water's edge. In some situations, the water level has migrated miles 
away from the defined use areas. Some shoreline access areas, 
therefore, have been temporarily closed to discourage creation of 
networks of unauthorized secondary routes as users chase receding water 
levels. These closures protect vegetation and wildlife that are 
recolonizing exposed areas, protect cultural resources (e.g., 
archeological sites) that may be exposed by receding water levels, 
protect natural and cultural resources in adjacent areas that have 
become accessible, and promote visitor safety by keeping visitors away 
from locations that have not been determined safe for ORV use. Should 
lake levels rebound, the shoreline access areas subject to temporary 
closures in this rule would reopen. Stanton Creek remains open and 
provides the opportunity for wild camping experiences.
    11. Comment: One commenter suggested that the NPS limit the number 
of ORVs allowed in shoreline access areas to prevent accelerated 
erosion, which could lead to runoff and increased water pollution, 
significantly affecting the habitats and wildlife in the recreation 
area. Several commenters expressed concern that OHV users may disregard 
the rules and urged the NPS to regularly monitor wildlife and habitat 
quality in areas affected by this rule to evaluate its effectiveness.
    NPS Response: This rule does not limit the number of ORVs that can 
enter shoreline access areas, which was not

[[Page 2626]]

contemplated by any of the alternatives evaluated in the FEIS. The NPS 
monitors the degradation of resources, including soil erosion, 
wildlife, and wildlife habitat, in shoreline access areas and other 
locations within the recreation area. If the NPS observes substantial 
negative impacts to the resources at any shoreline access area, it may 
take mitigation measures that could include a temporary closure of the 
affected area for recovery and rehabilitation.
    12. Comment: One commenter stated that the NPS should reopen the 
Crosby Canyon shoreline access area because the closure is preventing 
the use of roads below the high-water line.
    NPS Response: When the Crosby Canyon shoreline access area is open, 
limited driving beyond direct travel from Crosby Canyon Road is allowed 
to access the adjacent shoreline when water is present there. Any other 
``roads'' or routes within the shoreline access area are unauthorized 
and user-created. This shoreline access area is currently closed due to 
low water levels for the reasons explained above.
    13. Comment: One commenter stated that temporarily closing 
shoreline access areas results in congestion and overcrowding in the 
areas that remain open, exacerbating impacts to the environment in 
those areas. Keeping shoreline access areas open would disperse use 
across multiple managed access points and discourage users from 
creating non-designated routes to access the shoreline.
    NPS Response: The NPS has not observed high levels of congestion in 
the shoreline access areas that remain open. Temporary closures of 
shoreline access areas when lake elevations drop are necessary to 
protect resources and visitors for the reasons explained above.
    14. Comment: One commenter stated that limiting ORV use to direct 
travel from a road to the shoreline and back significantly limits the 
utility and value of shoreline access because they will no longer 
provide meaningful and practical access to the water's edge. Instead, 
and to meet public demand, this commenter recommended the designation 
of routes that lead to the shoreline.
    NPS Response: The purpose of shoreline access areas is to provide 
motorized vehicle access to the edges of Lake Powell; they are not 
intended to provide general overland driving opportunities that are 
available elsewhere, such as the Lone Rock Beach Play Area. 
Dramatically fluctuating water levels at Lake Powell can significantly 
alter the area of beach exposed as dry lakebed. This is especially true 
in locations with a relatively flat shoreline where the water's edge 
can rise and recede great distances over the course of a normal water 
year. Because of these fluctuations, and the visual impacts associated 
with signage and barriers on open, exposed landscapes, designating 
travel routes within a shoreline access area is challenging and often 
impracticable. NPS will continue placing signage and other interpretive 
tools at shoreline access areas where appropriate.
    15. Comment: Several commenters stated that OHVs and street-legal 
ATVs are purpose-built and optimized for travel on rugged backcountry 
roads (including the Flint Trail and Poison Spring Loop) and for that 
reason are safer than conventional motor vehicles on those roads. 
Another commenter stated that OHVs and street-legal ATVs are designed 
for backcountry conditions and are more capable of navigating steep and 
uneven terrain than conventional high-clearance vehicles. These 
commenters stated that prohibiting their use on unpaved roads may 
increase the likelihood of accidents and stranding.
    NPS Response: Conventional motor vehicles can be sufficiently 
capable of travel on unpaved roads within the recreation area, 
especially when they are properly equipped and operated. There is 
insufficient data available to conclude that conventional motor 
vehicles are less safe than OHVs and street-legal ATVs at low speeds. 
The off-road capabilities of OHVs and street-legal ATVs create the 
opportunity to take them off-road for driving directly over undisturbed 
natural terrain, creating the potential for significant impacts to 
natural resources in those locations.
    16. Comment: One commenter argued that prohibiting OHVs and street-
legal ATVs on certain roads, such as the Cove Canyon Spur Road near 
Hite, Ticaboo Mesa Road, and the 8-mile segment of the Poison Spring 
Loop, will sever connectivity between NPS-managed lands and adjacent 
lands administered by the Bureau of Land Management (BLM). In 
particular, this commenter stated that closure of the Cove Canyon Spur 
Road will make BLM-managed lands within the Henry Mountain Travel 
Management Area inaccessible to OHVs and street-legal ATVs. This 
commenter argued that these closures undermine BLM travel planning and 
restrict lawful access to adjacent BLM-managed areas, imposing burdens 
on land use outside of NPS jurisdiction. Several commenters asked the 
NPS to explain whether it has coordinated with BLM about road closures 
that will impact BLM lands.
    NPS Response: This rule only applies to NPS-administered lands. The 
rule will restrict the categories of vehicles that may travel on some 
unpaved roads within the recreation area that connect to adjacent BLM 
lands. This could affect how certain visitors travel between the 
recreation area and those adjacent lands, but will not interfere with 
any administrative action taken by BLM on lands administered by that 
agency. The NPS regularly coordinates with BLM on respective travel 
management plans (most recently in September 2024) and attempts to stay 
aligned when possible, recognizing that different laws and policies 
guide visitor use management for each agency. Cove Canyon Spur Road 
connects with a county-maintained road on BLM lands that is open to 
conventional motor vehicles, OHVs, and street-legal ATVs. This road is 
less than one mile in length and does not connect with any other roads 
outside of the recreation area. Visitors will still be able to use OHVs 
and street-legal ATVs on this road segment provided they are hauled 
there on Cove Canyon Spur Road using conventional motor vehicles. 
Notwithstanding any effect this rule may have on motorized use of that 
road, the NPS believes that the restrictions in this rule on Cove 
Canyon Spur Road are necessary under the distinct legal and policy 
framework governing NPS management of the recreation area. Ticaboo Mesa 
Road does not connect with an open route on BLM lands. Travelers can 
access the BLM portions of the Poison Spring Loop using OHVs and 
street-legal ATVs without having to travel through the recreation area.
    17. Comment: Commenters raised concerns that the rule creates an 
environmental justice issue by restricting access to public lands for 
economically disadvantaged visitors who depend on OHVs and street-legal 
ATVs.
    NPS Response: As discussed in the FEIS, the NPS does not believe 
that this rule disproportionally affects economically disadvantaged 
individuals or communities. Over 250 miles of road in the recreation 
areas will continue to be open to OHVs and street-legal ATVs.
    18. Comment: Several commenters noted that ORV routes are the only 
way for individuals with limited mobility to access certain areas. They 
expressed concern that prohibiting OHVs and street-legal ATVs on 
certain roads would restrict access for people with disabilities and 
limit their recreational opportunities.
    NPS Response: The NPS strives to create opportunities for 
recreation and access to National Park System units for

[[Page 2627]]

all types of visitors, including those with limited mobility and 
disabilities. Conventional motor vehicles will continue to be allowed 
on all paved and unpaved roads within the recreation area. This will 
allow persons with limited mobility and disabilities to use motor 
vehicles to access and enjoy the recreation area. Consistent with the 
Rehabilitation Act of 1973 and other applicable laws, NPS makes all 
practicable efforts to make NPS facilities and programs accessible and 
usable by all people, including those with disabilities. NPS addressed 
these concerns in the FEIS, see p. A-19.
    19. Comment: Many commenters expressed concern that this rule will 
eliminate opportunities for access and recreation throughout the 
recreation area. One commenter stated that certain unpaved roads 
themselves hold historical and cultural significance tracing back to 
paths used by early settlers and indigenous communities and that 
closing these roads would diminish public access to lands that 
communities have relied upon for generations, permanently disconnecting 
them from these important cultural landscapes. Another commenter 
asserted that prohibiting OHVs and street-legal ATVs on certain unpaved 
roads, such as Johns Canyon, Muley Point, and Dry Mesa, will reduce 
opportunities for recreation and access to some of the most scenic 
areas of San Juan County.
    NPS Response: This rule will not close any unpaved roads within the 
recreation area to motor vehicle traffic. Conventional motor vehicles 
will continue to be allowed on all paved and unpaved roads within the 
recreation area, providing a viable means of recreation and motorized 
access to points of interest, scenic landscapes, dispersed camping, 
remote areas, and areas of historic and cultural significance. The use 
of OHVs and street-legal ATVs will continue to be allowed on the vast 
majority of unpaved roads within the recreation area. The roads that 
will be closed to these vehicle categories account for 25 of 295 miles 
(or approximately eight percent) of all the unpaved roads open to motor 
vehicle use in the recreation area. Substantial opportunities for 
motorized recreation will remain available to those and other user 
groups. Motorized recreation and access (particularly to the shoreline 
of the lake) were recognized by Congress when it established the 
recreation area. This rule preserves motorized use in the recreation 
area in balance with limited measures that protect resources and other 
visitor experiences. In general, conditions on Johns Canyon Road, Muley 
Point Road, and Dry Mesa Road do not require the use of an OHV or 
street-legal ATV in order to access scenic areas that they access and 
traverse. These roads normally accommodate a variety of conventional 
motor vehicle types which will continue to provide recreational and 
scenic opportunities within San Juan County. As discussed in the FEIS, 
other roads with strong cultural and historical significance, such as 
Hole in the Rock Road, will remain open to conventional vehicles, OHVs, 
and street-legal ATVs in order to accommodate access to these popular 
driving destinations for local residents and tourists.
    20. Comment: Several commenters stated that prohibiting OHVs and 
street-legal ATVs on the 8-mile segment of the Poison Spring Loop 
creates an unreasonable barrier in the middle of a critical road. 
Several commenters expressed concern that closing the 8-mile segment of 
the Poison Spring Loop will create a dangerous situation for anyone 
using an OHV or street-legal ATV to complete an overland trip from the 
northern Poison Spring Loop down to Hite. These commenters stated that 
the only alternative route is to travel for 40 miles on a State highway 
(Utah State Route 95) from Hanksville to Hite that is very dangerous 
for slower vehicles.
    NPS Response: Before 2021, the 8-mile segment of the Poison Spring 
Loop in the recreation area had never been open to OHV and street-legal 
ATV use. This segment is not a historic or customary travel corridor or 
traffic route for these categories of vehicles and will remain open for 
travel by conventional motor vehicles. The NPS acknowledges that 
several commenters perceive travel on Utah State Route 95 as more 
dangerous using OHVs or street-legal ATVs compared to conventional 
motor vehicles. Rules about the types of vehicles that are allowed on 
that highway are established by the State of Utah. This rule will 
result in the same trip planning options that existed before 2021 and 
does not force anyone to use OHVs or street-legal ATVs on the highway 
if they feel that it would be unsafe.
    21. Comment: Several commenters stated that restricting OHV and 
street-legal ATV use will reduce tourism opportunities for motorized 
recreation and hurt the local economies of nearby communities, 
including Hanksville, Ticaboo, Blanding, Escalante, Torrey, and 
Boulder. One commenter highlighted the rapid growth of the OHV market 
in Utah and urged the NPS to keep roads open to support this industry. 
This commenter stated that Hite is an ideal basecamp for commercial OHV 
and street-legal ATV tours, and that the NPS may have difficulty 
attracting concessioners if revenue opportunities are restricted.
    NPS Response: The NPS values its relationship with nearby 
communities and appreciates the importance of tourism for local 
economies. There are currently two businesses that have a commercial 
use authorization (CUA) to provide guided tours using OHVs and street-
legal ATVs in the recreation area. These businesses are not authorized 
to operate in the Orange Cliffs Special Management Unit and do not 
currently offer tours on the unpaved roads that will be affected by 
this rule. No other businesses offer commercial visitor services that 
will be affected by this rule. As stated above, use of OHVs and street-
legal ATVs will continue to be allowed on the vast majority (92%) of 
unpaved roads currently open to motor vehicle use within the recreation 
area. There will continue to be ample opportunities for motorized 
recreation within the recreation area using various categories of 
vehicles. There will continue to be opportunities for small businesses 
to apply for CUAs to provide commercial visitor services, including 
guided ORV tours, within the recreation area where appropriate and in 
accordance with applicable law and policy.
    22. Comment: Commenters voiced concerns about compliance with ORV 
regulations and proposed several methods for the NPS to improve it. 
Recommended methods included (1) developing an in-person and online 
public education program to explain the environmental rationale for the 
new rules and state which shoreline access areas are open or closed to 
motorized use; (2) improving signage that details allowed activities on 
ORV routes, areas, and roads; (3) guidance on what is allowed in both 
open and closed shoreline access areas; and (4) utilizing multilingual 
information on signs, websites, and social media to communicate 
closures and regulatory requirements.
    NPS Response: The NPS currently engages in a variety of methods to 
communicate ORV information to the public. The recreation area website 
hosts information on closures and features a short video to educate ORV 
users on the rules and responsibilities for all vehicle operators. The 
NPS has developed geo-enabled electronic files that visitors can view 
on the website or offline in third party apps for use in the field on 
mobile devices. Implementation of the FEIS includes posting signs that 
designate routes and aid users in

[[Page 2628]]

recognition of authorized vehicle types for each ORV-use location. The 
NPS publicizes closures and openings of roads, routes, and shoreline 
access areas through press releases, notifications to partners, and 
website and social media updates.

Compliance With Other Laws, Executive Orders, and Department Policy

Use of Off-Road Vehicles on the Public Lands (Executive Orders 11644 
and 11989)

    Executive Order 11644, as amended by Executive Order 11989, was 
adopted to address impacts on public lands from ORV use. The Executive 
Order applies to ORV use on Federal public lands that is not authorized 
under a valid lease, permit, contract, or license. Section 3(a)(4) of 
Executive Order 11644 provides that ORV ``[a]reas and trails shall be 
located in areas of the National Park System, Natural Areas, or 
National Wildlife Refuges and Game Ranges only if the respective agency 
head determines that off-road vehicle use in such locations will not 
adversely affect their natural, aesthetic, or scenic values.'' Since 
the E.O. clearly was not intended to prohibit all ORV use everywhere in 
these units, the term ``adversely affect'' does not have the same 
meaning as the somewhat similar terms ``adverse impact'' and ``adverse 
effect'' used in the National Environmental Policy Act of 1969 (NEPA). 
In analyses under NEPA, a procedural statute that provides for the 
study of environmental impacts, the term ``adverse effect'' includes 
minor or negligible effects.
    Section 3(a)(4) of the Executive Order, by contrast, concerns 
substantive management decisions and must be read in the context of the 
authorities applicable to such decisions. Glen Canyon National 
Recreation Area is an area of the National Park System. Therefore, NPS 
interprets the Executive Order term ``adversely affect'' consistent 
with its NPS Management Policies 2006. Those policies require that the 
NPS only allow ``appropriate use'' of parks and avoid ``unacceptable 
impacts.''
    This rule is consistent with the requirements of Executive Order 
11644 in the context of these authorities and policies. Supporting 
analysis for this determination can be found in the FEIS and Revised 
ROD, which includes a revised non-impairment determination and a site-
specific evaluation of motor vehicle use on off-road routes and areas 
in the recreation area using the minimization criteria in section 3(a) 
of E.O. 11644.
    Section 8(a) of the Executive Order requires agency heads to 
monitor the effects of ORV use on lands under their jurisdictions. On 
the basis of information gathered, agency heads may from time to time 
amend or rescind designations of areas or other actions as necessary to 
further the policy of the Executive Order. The preferred alternative in 
the FEIS that was selected in the related 2017 Record of Decision 
includes monitoring and resource protection procedures and periodic 
review to provide for the ongoing evaluation of impacts of motor 
vehicle use on protected resources. This ongoing adaptive management 
and monitoring protocol will continue under this final rule. The 
superintendent retains authority to take appropriate action as needed 
to protect the resources of the recreation area.

Regulatory Planning and Review (Executive Orders 12866 and 13563 and 
14094)

    Executive Order 12866, as amended by Executive Order 14094, 
provides that the Office of Information and Regulatory Affairs (OIRA) 
in the Office of Management and Budget will review all significant 
rules. OIRA has determined that the final rule is not significant.
    Executive Order 14094 amends Executive Order 12866 and reaffirms 
the principles of Executive Order 12866 and Executive Order 13563 and 
states that regulatory analysis should facilitate agency efforts to 
develop regulations that serve the public interest, advance statutory 
objectives, and be consistent with Executive Order 12866, Executive 
Order 13563, and the Presidential Memorandum of January 20, 2021 
(Modernizing Regulatory Review). Regulatory analysis, as practicable 
and appropriate, shall recognize distributive impacts and equity, to 
the extent permitted by law.
    Executive Order 13563 reaffirms the principles of Executive Order 
12866 while calling for improvements in the nation's regulatory system 
to promote predictability, to reduce uncertainty, and to use the best, 
most innovative, and least burdensome tools for achieving regulatory 
ends. Executive Order 13563 directs agencies to consider regulatory 
approaches that reduce burdens and maintain flexibility and freedom of 
choice for the public where these approaches are relevant, feasible, 
and consistent with regulatory objectives. Executive Order 13563 
emphasizes further that regulations must be based on the best available 
science and that the rulemaking process must allow for public 
participation and an open exchange of ideas. The NPS has developed this 
rule in a manner consistent with these requirements.

Regulatory Flexibility Act (RFA)

    This rule will not have a significant economic effect on a 
substantial number of small entities under the RFA (5 U.S.C. 601 et 
seq.). No small entities will be directly regulated by the rule, which 
only modifies regulations affecting visitor use of ORVs in certain 
areas of the park. The roads that will be closed to OHV and street-
legal ATV use only account for 25 of 295 miles (or approximately eight 
percent) of GMP roads open to motor vehicle use in the recreation area. 
Currently, there are no authorized guiding companies that use OHVs and 
street-legal ATVs on the roads that will be closed to those vehicles.

Congressional Review Act

    This rulemaking is not a major rule under 5 U.S.C. 804(2). This 
rulemaking:
    (a) Does not have an annual effect on the economy of $100 million 
or more.
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    (c) Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act

    This rulemaking does not impose an unfunded mandate on State, 
local, or Tribal governments or the private sector of more than $100 
million per year. The rulemaking does not have a significant or unique 
effect on State, local or Tribal governments or the private sector. It 
addresses public use of national park lands and imposes no requirements 
on other agencies or governments. A statement containing the 
information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 
et seq.) is not required.

Takings (Executive Order 12630)

    This rulemaking does not effect a taking of private property or 
otherwise have takings implications under Executive Order 12630. A 
takings implication assessment is not required.

Federalism (Executive Order 13132)

    Under the criteria in section 1 of Executive Order 13132, the 
rulemaking does not have sufficient federalism implications to warrant 
the preparation of a federalism summary impact statement. This 
rulemaking only affects use of federally administered lands and

[[Page 2629]]

waters. It has no direct effects on other areas. A federalism summary 
impact statement is not required.

Civil Justice Reform (Executive Order 12988)

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

Consultation With Indian Tribes (Executive Order 13175 and Department 
Policy)

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian Tribes through a 
commitment to consultation with Indian Tribes and recognition of their 
right to self-governance and Tribal sovereignty. We have evaluated this 
rule under the criteria in Executive Order 13175 and under the 
Department's consultation policy and have determined that Tribal 
consultation on the rule is not required because the rule will have no 
substantial direct effect on federally recognized Indian Tribes. In 
support of the Department of Interior and NPS commitment for 
government-to-government consultation with the 19 Native American 
Tribes and bands associated with the recreation area, and as a 
reflection of the shared boundary of the recreation area and the Navajo 
Nation, the NPS has engaged in a continuing process of consultation 
with these Tribes and bands. This consultation has taken the form of 
bimonthly newsletters, in-person meetings with chapter houses, informal 
email updates, and formal update letters.

Paperwork Reduction Act (PRA)

    This rule contains no new information requirements that will affect 
the currently approved information collection. (NPS Special Park Use 
Permits NPS Form 10-933--OMB Control Number 1024-0026). By using NPS 
Form 10-933 this action will cause a net increase of 3,000 respondents 
and 750 burden hours. In accordance with 5 CFR 1320.10, the agency may 
continue to conduct or sponsor this collection of information while the 
submission is pending at OMB. Based on the anticipated net increase, we 
expect that the overall respondent burden for this collection will be 
83,542 responses totaling 23,640 annual burden hours. The NPS did not 
receive any public comments related to this information collection 
during the 60-day public comment period.
    Title of Collection: Special Park Use Applications, portions of 36 
CFR 1-7, 13, 20, and 34.
    OMB Control Number: 1024-0026.
    Form Number: NPS Forms 10-930, 10-930c, 10-930s, 10-930q, 10-931, 
10-932, 10-933, 10-934.
    Type of Review: Revision of a currently approved collection.
    Respondents/Affected Public: Individuals/households (licensed 
anglers drawn from three representative U.S. States).
    Total Estimated Number of Annual Respondents: 83,542.
    Total Estimated Number of Annual Responses: 83,542.
    Estimated Completion Time per Response: Varies from 15 minutes to 
30 minutes (depending on the activity).
    Total Estimated Number of Annual Burden Hours: 23,640.
    Respondent's Obligation: Required to obtain or retain a benefit.
    Frequency of Collection: On occasion.
    Total Estimated Annual Nonhour Burden Cost: $6,265,650 for 
application fees.
    An agency may not conduct or sponsor and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number.

National Environmental Policy Act of 1969 (NEPA)

    This rule constitutes a major Federal action significantly 
affecting the quality of the human environment. We have prepared the 
FEIS and Revised ROD in compliance with NEPA. These documents are 
available online at https://parkplanning.nps.gov/glca by clicking any 
of the links entitled ``Off-road Vehicle Management Plan/Environmental 
Impact Statement'' and then the link entitled ``Document List.''

Effects on the Energy Supply (Executive Order 13211)

    This rule is not a significant energy action under the definition 
in Executive Order 13211. A Statement of Energy Effects is not 
required.

List of Subjects in 36 CFR Part 7

    National parks, Reporting and recordkeeping requirements.

    In consideration of the foregoing, the National Park Service amends 
36 CFR part 7 as follows:

PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM

0
1. The authority citation for part 7 continues to read as follows:

    Authority:  54 U.S.C. 100101, 100751, 320102; Sec. 7.96 also 
issued under D.C. Code 10-137 and D.C. Code 50-2201.07.

0
2. Amend Sec.  7.70 by:
0
a. Removing and reserving paragraph (f)(2)(i);
0
b. In paragraph (f)(3)(ii), removing the last sentence;
0
c. In table 1 to paragraph (f)(3)(ii):
0
i. Adding, at the top of the table, entries for ``Bullfrog North'' and 
``Bullfrog South'';
0
ii. Revising the entry for ``Lone Rock Beach Play Area''; and
0
iii. Removing the entry for ``Bullfrog North and South'';
0
d. Adding paragraphs (f)(3)(iii) and (iv);
0
e. Revising table 2 to paragraph (f)(4)(i); and
0
f. Revising paragraphs (f)(4)(ii) and (f)(6)(ii).
    The revisions and additions read as follows:
* * * * *
    (f) * * *
    (3) * * *
    (ii) * * *

                                         Table 1 to Paragraph (f)(3)(ii)
----------------------------------------------------------------------------------------------------------------
  Designated area or route for off-road motor     Approximate
                  vehicle use                        size                   Management prescriptions
----------------------------------------------------------------------------------------------------------------
Bullfrog North.................................     860 acres   Street-legal ATVs allowed with ORV
                                                                permit from March 2-October 31.
                                                                Conventional motor vehicles allowed with
                                                                ORV permit year-round.
                                                                15 mph speed limit (unless otherwise
                                                                posted).
                                                                Quiet hours between 10 p.m. and 6 a.m.
                                                                or as designated by superintendent.
                                                                Vehicle-free zone as posted.
Bullfrog South.................................   1,410 acres   Street-legal ATVs allowed with ORV
                                                                permit from March 2-October 31.

[[Page 2630]]

 
                                                                Conventional motor vehicles allowed with
                                                                ORV permit year-round.
                                                                15 mph speed limit (unless otherwise
                                                                posted).
                                                                Quiet hours between 10 p.m. and 6 a.m.
                                                                or as designated by superintendent.
                                                                Vehicle-free zone as posted.
 
                                                  * * * * * * *
Lone Rock Beach Play Area......................     180 acres   Conventional motor vehicles, street-
                                                                legal ATVs, and OHVs allowed with ORV permit.
                                                                OHVs required to display a red or orange
                                                                safety flag at least six by 12 inches in size
                                                                that is located at least eight feet off the
                                                                ground, or at least 18 inches above the top of
                                                                the protective headgear of a motorcycle or dirt
                                                                bike operator.
                                                                Quiet hours between sunset and sunrise
                                                                or as lengthened by the superintendent.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    (iii) Certain areas designated in table 1 to paragraph (f)(3)(ii) 
will close and open to off-road motor vehicle use pursuant to the 
provisions in this paragraph (f)(3)(iii).
    (A) The superintendent will identify lake elevation levels for each 
of the following areas designated in table 1 to paragraph (f)(3)(ii): 
Lone Rock Beach, Blue Notch, Bullfrog North, Bullfrog South, Crosby 
Canyon, Dirty Devil, Farley Canyon, Hite Boat Ramp, Red Canyon, Stanton 
Creek, and White Canyon.
    (B) The superintendent will use hydrologic data from the United 
States Geological Survey and the Bureau of Reclamation to identify the 
lake elevation levels, which would be subject to change based upon 
public health and safety, natural and cultural resource protection, and 
other management activities and objectives. The superintendent will 
notify the public of the lake elevation levels by publishing them on 
the website of the recreation area and in the superintendent's 
compendium (or written compilation) of discretionary actions referred 
to in 36 CFR 1.7(b).
    (C) If the lake elevation drops below the identified level for a 
designated area and remains below the identified level for seven 
consecutive days, the superintendent will close the designated area to 
off-road motor vehicle use. If the lake elevation increases above the 
identified level for a designated area and remains above the identified 
level for seven consecutive days, the superintendent will open the 
designated area to off-road motor vehicle use. The superintendent will 
notify the public that a designated area has been closed or opened to 
off-road motor vehicle use within 14 days after the expiration of the 
seven-day waiting period, by publishing a notice of the management 
action on the website of the recreation area and in the 
superintendent's compendium.
    (D) The National Park Service will install signs at each designated 
area notifying the public that it is opened or closed to off-road motor 
vehicle use. When a designated area is closed because lake elevations 
have dropped, the superintendent will consider additional steps to 
prevent off-road motor vehicle use in the area, such as the 
installation of gates. Motor vehicle use on a GMP road may continue 
within a closed designated area at the discretion of the 
superintendent, and subject to the rules for operating a motor vehicle 
on such roads in this paragraph (f).
    (iv) Off-road motor vehicle use in any of the areas designated in 
table 1 to paragraph (f)(3)(ii), except for Lone Rock Beach, Lone Rock 
Beach Play Area and Ferry Swale, must be for the purpose of traveling 
from a GMP road to the shoreline, and back.
    (4) * * *
    (i) * * *

                                         Table 2 to Paragraph (f)(4)(i)
----------------------------------------------------------------------------------------------------------------
                                                                 Allowed on unpaved GMP   Allowed on unpaved GMP
                                         Allowed on paved GMP      roads outside the     roads within the Orange
        Type of motor vehicle                   roads            Orange Cliffs Special        Cliffs Special
                                                                    Management Unit          Management Unit
----------------------------------------------------------------------------------------------------------------
Conventional motor vehicle...........  Yes....................  Yes....................  Yes.
Street-legal ATV.....................  Yes (except for the      Yes (except for the GMP  No.
                                        Lees Ferry Developed     roads identified in
                                        Area).                   paragraph (f)(4)(ii)).
OHV..................................  No.....................  Yes (except for the GMP  No.
                                                                 roads identified in
                                                                 paragraph (f)(4)(ii)).
----------------------------------------------------------------------------------------------------------------

    (ii) Street-legal ATVs and OHVs are not allowed on the following 
unpaved GMP roads identified in the Recreation & Resource Utilization 
Zone, as defined in the 1979 General Management Plan for the recreation 
area:
    (A) Unnamed road near Dry Mesa/Sheep's Canyon near Hite, sometimes 
referred to as Dry Mesa Road (approximately 4.31 miles).
    (B) Road #2/95 Spur near Hite, also known as Dirty Devil Spur 
(approximately 1.14 miles).
    (C) Cove Canyon Spur Road near Hite (approximately 0.65 miles).
    (D) Flint Trail Spur Road near Hite, also known as Waterhole Flat 
Spur #1 Road and Dark Canyon Overlook Road (approximately 0.72 miles).
    (E) Ticaboo Mesa Road near Bullfrog (approximately 1.45 miles).
    (F) Muley Point Road (approximately 1.26 miles).
    (G) Johns Canyon Road near Muley Point (approximately 7.49 miles).
* * * * *
    (6) * * *
    (ii) The superintendent will provide public notice of all such 
actions through one or more of the methods listed in Sec.  1.7 of this 
chapter, and through

[[Page 2631]]

publication on the recreation area website.
* * * * *

Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2025-00509 Filed 1-10-25; 8:45 am]
BILLING CODE 4312-52-P
```