[Federal Register Volume 70, Number 170 (Friday, September 2, 2005)]
[Notices]
[Pages 52438-52440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17503]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CO-200-1220-DU]


Final Supplementary Rules Regarding Operation of Motorized 
Vehicles and Bicycles and Closure of Public Lands to Recreational 
Target Shooting

AGENCY: Bureau of Land Management; Royal Gorge Field Office, Interior.

ACTION: Notice of final supplementary rules for public lands within El 
Paso, Fremont, Park and Teller Counties, Colorado.

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

SUMMARY: The Bureau of Land Management (BLM)'s Royal Gorge Field Office 
is implementing supplementary rules. These supplementary rules 
implement three decisions from the Gold Belt Travel Management Plan, 
approved August 18, 2004. The rules apply to the public lands within 
the Gold Belt Travel Management Plan area under the management of the 
Royal Gorge Field Office, in El Paso, Fremont, Park, and Teller 
Counties, Colorado. The rules are needed in order to protect the area's 
natural resources and provide for public health and safety.

DATES: The rules are effective October 3, 2005.

ADDRESSES: You may send inquiries or suggestions to the Bureau of Land 
Management, Royal Gorge Field Office, 3170 East Main Street, Canon 
City, Colorado 81212.

FOR FURTHER INFORMATION CONTACT: Roy L. Masinton, Field Manager, or 
Leah Quesenberry, Outdoor Recreation Planner, Royal Gorge Field Office, 
3170 East Main Street, Canon City, Colorado 81212, telephone 719-269-
8500. Individuals who use a telecommunications device for the deaf 
(TDD) may contact them individually through the Federal Information 
Relay Service at 1-800/877-8339, 24 hours a day, seven days a week.

I. Background
II. Discussion of the Supplementary Rules
III. Procedural Matters

I. Background

    A ``Notice of Intent To Prepare the Gold Belt Travel Management 
Plan (TMP) and Amend the Royal Gorge Resource Management Plan'' was 
announced in the Federal Register on June 18, 2002 (67 FR 41442). The 
completion of the Gold Belt Travel Management Plan Environmental 
Assessment led to a 30-day public comment period, starting on January 
15, 2004. Following analysis of the public comments, a decision on the 
Gold Belt TMP was issued on August 18, 2004. The decision restricts 
Off-Highway Vehicle use to designated roads and trails in the TMP area 
and provides for the supplementary rules.

II. Discussion of Supplementary Rules

    These supplementary rules apply to the public lands within the Gold 
Belt Travel Management Plan area. This area consists of 138,600 acres 
of public lands within El Paso, Fremont, Park, and Teller Counties, 
Colorado, in the following described townships:

Colorado, Sixth Principal Meridian

T. 15 S., R. 70 W. through 72 W.
T. 16 S., R. 68 W. through 72 W.
T. 17 S., R. 68 W. through 72 W.
T. 18 S., R. 68 W. through 71 W.

    These supplementary rules implement three decisions from the Gold 
Belt Travel Management Plan, approved August 18, 2004. They include:
    (1) A supplementary rule limiting motorized travel for parking, 
camping, and retrieving game to a maximum of 100 feet from designated 
roads and trails in the Gold Belt Travel Management Plan area (138,600 
acres of public lands).
    (2) A supplementary rule restricting mountain bikes to designated 
roads and trails in the Gold Belt Travel Management Plan area (138,600 
acres of public lands).
    (3) The closure of approximately 13,200 acres of public lands to 
recreational target shooting in the following areas: Garden Park Fossil 
Area (3,000 acres), the Shelf Road campgrounds and climbing area (2,900 
acres), a one-quarter mile wide corridor along Phantom Canyon Road 
(4,200 acres), and Penrose Commons (3,100 acres). Licensed hunters in 
legitimate pursuit of game during the proper season with appropriate 
firearms, as defined by the Colorado Division of Wildlife, are exempt 
from this closure.
    BLM has determined that these rules are necessary to prevent damage 
to public lands and natural resources, reduce user conflicts, protect 
public safety, and reduce vandalism to public and private property.
    The proposed supplementary rules were published in the Federal 
Register

[[Page 52439]]

on March 8, 2005 (70 FR 11264). We received no comments on the proposed 
supplementary rules, and therefore publish them unchanged as final 
supplementary rules. The supplementary rules were also inadvertently 
published in the Federal Register on April 20, 2005 (70 FR 20591). The 
supplementary rules are being published and implemented under the 
authority of 43 CFR 8341.1, 8364.1, and 8365.1-6. This notice, with 
detailed maps, will be posted at the Royal Gorge Field Office.

III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These supplementary rules are not a significant regulatory action 
and are not subject to review by Office of Management and Budget under 
Executive Order 12866. These supplementary rules will not have an 
effect of $100 million or more on the economy. They will not adversely 
affect in a material way the economy, productivity, competition, jobs, 
the environment, public health or safety, or state, local, or tribal 
governments or communities. These supplementary rules will not create a 
serious inconsistency or otherwise interfere with an action taken or 
planned by another agency. These supplementary rules do not alter the 
budgetary effects of entitlements, grants, user fees, or loan programs 
or the rights or obligations of their recipients; nor do they raise 
novel legal or policy issues. They merely impose limitations on certain 
recreational activities on certain public lands to protect natural 
resources and human health and safety.

National Environmental Policy Act

    BLM prepared an environmental assessment (EA) in support of the 
Gold Belt Travel Management Plan and found that the supplementary rules 
implementing the plan decisions would not constitute a major Federal 
action significantly affecting the quality of the human environment 
under section 102(2)(C) of the National Environmental Policy Act of 
1969 (NEPA), 42 U.S.C. 4332(2)(C). A detailed statement under NEPA is 
not required. BLM has placed the EA, Finding of No Significant Impact 
(FONSI), and Decision Record on file in the BLM Administrative Record 
at the address specified in the ADDRESSES section.

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. These supplementary rules should 
have no effect on business entities of whatever size. They merely would 
impose reasonable restrictions on certain recreational activities on 
certain public lands to protect natural resources and the environment, 
and human health and safety. Therefore, BLM has determined under the 
RFA that these rules would not have a significant economic impact on a 
substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    These supplementary rules are not a ``major rule'' as defined at 5 
U.S.C. 804(2). They would not result in an effect on the economy of 
$100 million or more, in an increase in costs or prices, or in 
significant adverse effects on competition, employment, investment, 
productivity, innovation, or on the ability of United States-based 
enterprises to compete with foreign-based enterprises in domestic and 
export markets. They 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.

Unfunded Mandates Reform Act

    These supplementary rules do not impose an unfunded mandate on 
state, local, or tribal governments or the private sector of more than 
$100 million per year; nor do these supplementary rules have a 
significant or unique effect on state, local, or tribal governments or 
the private sector. They 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, 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.).

Executive Order 12630, Governmental Actions and Interference With 
Constitutionally Protected Property Rights (Takings)

    The supplementary rules do not represent a government action 
capable of interfering with constitutionally protected property rights. 
The reasonable restrictions that would be imposed by these 
supplementary rules would not deprive anyone of property or interfere 
with anyone's property rights. Therefore, the Department of the 
Interior has determined that these supplementary rules would not cause 
a taking of private property or require further discussion of takings 
implications under this Executive Order.

Executive Order 13132, Federalism

    The supplementary rules will not have a substantial direct effect 
on the states, on the relationship between the national government and 
the states, or on the distribution of power and responsibilities among 
the various levels of government. Government vehicles are expressly 
excluded from the effect of the vehicle restrictions. The shooting 
restrictions in these supplementary rules do not apply to hunting with 
a state hunting license. Therefore, in accordance with Executive Order 
13132, BLM has determined that these supplementary rules do not have 
sufficient Federalism implications to warrant preparation of a 
Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the Office of the Solicitor has 
determined that these supplementary rules would not unduly burden the 
judicial system and that they meet the requirements of sections 3(a) 
and 3(b) (2) of the Order.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, we have found that these 
supplementary rules do not include policies that have tribal 
implications. Formal consultation with 16 tribes was completed for the 
Gold Belt Travel Management Plan.

Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    In accordance with Executive Order 13211, BLM has determined that 
the supplementary rules will not have substantial direct effects on 
energy supply, distribution or use, including any shortfall in supply 
or price increase. The restrictions on vehicle use should have no 
substantial effect on fuel consumption, and no other provision in the 
supplementary rules has any relationship to energy supply, 
distribution, or use.

[[Page 52440]]

Paperwork Reduction Act

    These supplementary rules do 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 et seq.

Author

    The principal author of these supplementary rules is Leah 
Quesenberry, Outdoor Recreation Planner, Royal Gorge Field Office, 
Bureau of Land Management.

Supplementary Rules for the Gold Belt Travel Management Plan Area

    Under 43 CFR 8341.1, 8364.1, and 8365.1-6, the Bureau of Land 
Management will enforce the following rules on the public lands within 
the Gold Belt Travel Management Plan area, Royal Gorge Field Office, 
Colorado. You must follow these rules:

Rules

    1. In the Gold Belt Travel Management Plan area (138,600 acres of 
public land)--
    a. You must not park a motorized vehicle farther than 100 feet from 
a designated road or trail;
    b. You must not use a motorized vehicle for camping more than 100 
feet from a designated road or trail;
    c. You must not use a motorized vehicle for retrieving game more 
than 100 feet from a designated road and trail.
    2. You must not ride mountain bikes other than on designated roads 
and trails on public lands in the Gold Belt Travel Management Plan 
area.
    3. You must not engage in recreational target shooting on public 
lands in the following areas: Garden Park Fossil Area (3,000 acres), 
the Shelf Road campgrounds and climbing area (2,900 acres), a one-
quarter mile wide corridor along Phantom Canyon Road (4,200 acres), and 
Penrose Commons (3,100 acres).

Exceptions

    These supplementary rules do not apply to emergency, law 
enforcement, and Federal or other government vehicles while being used 
for official or other emergency purposes, or to any other vehicle use 
that is expressly authorized or otherwise officially approved by BLM. 
The prohibition of target shooting in rule 3 has no effect on hunting 
by licensed hunters in legitimate pursuit of game during the proper 
season with appropriate firearms, as defined by the Colorado Division 
of Wildlife.

Penalties

    Under section 303(a) of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1733(a)) and 43 CFR 8360.0-7 if you violate any of 
these supplementary rules on public lands within the boundaries 
established in the rules, you may be tried before a United States 
Magistrate and fined no more than $1,000 or imprisoned for no more than 
12 months, or both. Such violations may also be subject to the enhanced 
fines provided for by 18 U.S.C. 3571.

Ron Wenker,
State Director, Colorado State Office.
[FR Doc. 05-17503 Filed 9-1-05; 8:45 am]
BILLING CODE 4310-JB-P