[Federal Register Volume 73, Number 25 (Wednesday, February 6, 2008)]
[Notices]
[Pages 6999-7002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2137]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[CO-910-07-7122-PN-C002]
Notice of Proposed Supplementary Rules for Public Land
Administered by the Bureau of Land Management (BLM) in Colorado,
Relating to Camping and Occupancy of Public Lands
AGENCY: Bureau of Land Management, Interior.
ACTION: Proposed supplementary rules for public lands within the State
of Colorado.
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SUMMARY: The Bureau of Land Management (BLM) is proposing these
supplementary rules for public lands within the State of Colorado,
relating to camping. These rules extend the time period and distance
the camping public must move once the current 14-day stay limit is
reached. These supplementary rules are needed to protect natural
resources and provide for public health and safety. They are based upon
existing regulations that address camping and residency, and update
existing supplementary rules specific to camping stay limits. These
supplementary rules further promote consistency between the BLM and
similar rules of other natural resource agencies, including the U.S.
Forest Service.
DATES: You should submit your comments by March 7, 2008.
ADDRESSES: You may submit comments by the following methods:
[[Page 7000]]
Mail or hand-delivery: Bureau of Land Management, Colorado State
Office, 2850 Youngfield Street, Lakewood, Colorado 80215. Internet e-
mail: http://[email protected] (Include Attn: Dorothy
Bensusan in your subject line).
FOR FURTHER INFORMATION CONTACT: State Staff Ranger Dorothy Bensusan,
303-239-3893 or [email protected].
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
You may mail or deliver comments to Bureau of Land Management,
Colorado State Office, 2850 Youngfield Street, Lakewood, Colorado
80215.
You may also comment via the Internet to http://[email protected]. Please also include your name and return address in your
Internet message, and include ``attn: Dorothy Bensusan.''
You also may comment via the Internet by accessing the Federal
eRulemaking Portal at http://www.regulations.gov and following the
instructions there.
Written comments on the proposed amended supplementary rules should
be specific, confined to issues pertinent to the proposed amendments,
and should explain the reason for any recommended change. Where
possible, comments should reference the specific section or paragraph
of the proposal that the comment addresses. The BLM may not necessarily
consider or include in the Administrative Record for the supplementary
rules comments that BLM receives after the close of the comment period
(see DATES), unless they are postmarked or electronically dated before
the deadline, or comments delivered to an address other than those
listed above (See ADDRESSES).
Comments, including names, street addresses, and other contact
information of respondents, will be available for public review at 2850
Youngfield Street, Lakewood, CO 80215, during regular business hours
(7:45 a.m. to 3:45 p.m.), Monday through Friday, except Federal
holidays. Before including your address, telephone number, e-mail
address, or other personal identifying information in your comment, be
advised that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask in your comment to withhold from public review your personal
identifying information, we cannot guarantee that we will be able to do
so.
II. Discussion
The current camping stay limit was published in 1990, and while it
limited occupancy of any location to 14 days, it only required
departure for 7, or removal to a new location not less than 3 miles
away. As a result, certain users have taken advantage of the existing
language and established long term residency under the pretext of
camping. Public concern about this unauthorized residential occupancy
has necessitated that the BLM develop stronger regulations to address
the issue. These uses often interfere with legitimate recreation use of
public lands, create sanitation and other potential health concerns,
cause damage to the resources by illegal campfire use, vegetation
trampling, vehicle use, and trash dumping, and occasionally pose public
dangers.
These regulations replace the statewide 14-Day Camping Limit
established by the Colorado BLM through Federal Register notice issued
April 11, 1990 (55 FR 13672). The amended language increases the
distance campers must move after reaching the 14-day limit from 3 to 30
miles. These supplementary rules also require that once campers have
camped for 14 consecutive days, they must move away from a particular
location for at least 30 days before returning, rather than 7 days, as
the existing rule provides. Additional language is included to limit
the occurrence of unattended campsites which are being established for
the purpose of securing campsite locations for later use. These
supplementary rules apply to all the public lands within the State of
Colorado. In keeping with the BLM's performance goal to reduce threats
to public health, safety, and property, these rules are necessary to
protect the natural resources, provide for safe public recreation and
public health, reduce the potential for damage to the environment, and
enhance the safety of public land users.
Individual Field Offices may issue separate regulations relating to
camping and occupancy that are more, but not less, restrictive. This
notice does not affect more restrictive camping limits that may already
be in place for certain areas.
III. Procedural Information
Executive Order 12866, Regulatory Planning and Review
These supplementary rules are not a significant regulatory action
and are not subject to review by the Office of Management and Budget
under Executive Order 12866. The supplementary rules will not have an
effect of $100 million or more on the economy. They are directed at
preventing unlawful personal behavior on public lands, in order to
protect public health and safety. 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. The supplementary rules will not create a
serious inconsistency or otherwise interfere with an action taken or
planned by another agency. The supplementary rules do not alter the
budgetary effects of entitlements, grants, user fees, or loan programs
or the right or obligations of their recipients; nor do they raise
novel legal or policy issues. The supplementary rules merely enable BLM
law enforcement personnel to enforce regulations pertaining to unlawful
occupancy and health, building, sanitation, and fire codes in a manner
consistent with current Colorado state and county laws, where
appropriate on public lands.
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act of 1980, as
amended, 5 U.S.C. 601-612, (RFA) 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. The proposed supplementary rules
do not pertain specifically to commercial or governmental entities of
any size, but contain rules to protect the health and safety of
individuals, property, and resources on the public lands. Therefore,
BLM has determined under the RFA that the proposed supplementary rules
would not have a significant economic impact on a substantial number of
small entities.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This supplementary rules do not constitute a ``major rule'' as
defined at 5 U.S.C. 804(2). Again, the supplementary rules pertain only
to individuals who may wish to occupy public lands for residential
purposes or maintain, construct, place, occupy or use any structure in
violation of state or county health, building, sanitation or fire
codes. In this respect, the regulation of such use is necessary to
protect the public lands and facilities and those, including small
business concessionaires and outfitters, who use them. The
supplementary rules have no
[[Page 7001]]
effect on business, commercial, or industrial use of the public lands.
Unfunded Mandates Reform Act
These proposed 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 proposed supplementary
rules have a significant or unique effect on state, local, or tribal
governments or the private sector. The supplementary rules do not
require anything of state, local, or tribal governments. 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 proposed supplementary rules do not represent a government
action capable of interfering with constitutionally protected property
rights. The supplementary rules do not address property rights in any
form, and do not cause the impairment of anyone's property rights.
Therefore, the Department of the Interior has determined that the
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. The supplementary rules apply in only
one state, Colorado, and do not address jurisdictional issues involving
the Colorado State government. Therefore, in accordance with Executive
Order 13132, BLM has determined that the supplementary rules do not
have sufficient Federalism implications to warrant preparation of a
Federalism Assessment.
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments
In accordance with E.O. 13175, we have found that these proposed
supplementary rules do not include policies that have tribal
implications. Since the supplementary rules do not change BLM policy
and do not involve Indian reservation lands or resources, we have
determined that the government-to-government relationships should
remain unaffected. The supplementary rules only prohibit the
unauthorized occupancy of public lands and the unauthorized
maintaining, construction, placing, occupying, or use of any structure
in violation of any state and/or county health, building, sanitation,
or fire code on public lands.
Executive Order 12988, Civil Justice Reform
Under Executive Order 12988, Colorado State Office of the BLM has
determined that these proposed 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.
Paperwork Reduction Act
These proposed 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.
National Environmental Policy Act
The BLM has prepared an environmental assessment (EA) and has found
that the proposed supplementary rules would not constitute a major
Federal action significantly affecting the quality of the human
environment under Section 102(2)(C) of the Environmental Protection Act
of 1969 (NEPA), 42 U.S.C. 4332(2)(C). The supplementary rules will
enable BLM law enforcement personnel to cite persons for unlawful
camping, and the use of public land for residential purposes. The BLM
has placed the EA and the Finding of No Significant Impact (FONSI) on
file in the BLM Administrative Record at the address specified in the
ADDRESSES section. The BLM invites the public to review these documents
and suggests that anyone wishing to submit comments do so in accordance
with the Public Comment Procedures section, above.
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
These proposed supplementary rules do not comprise a significant
energy action. The supplementary rules will not have an adverse effect
on energy supplies, production, or consumption. They only address
unauthorized occupancy and violations of state or county health,
building, sanitation or fire codes on public lands, and have no
conceivable connection with energy policy.
Author
The principal author of these proposed supplementary rules is State
Staff Ranger Dorothy Bensusan, Bureau of Land Management.
For the reasons stated in the Preamble, and under the authority for
supplementary rules found under 43 CFR 8365.1-6, 43 CFR 8364.1, 43
U.S.C. 1740, 16 U.S.C. 670h(c)(5) and 43 U.S.C. 315a, the Colorado
State Director, Bureau of Land Management, proposes to issue these
supplementary rules for public lands managed by the BLM in Colorado, to
read as follows:
Supplementary Rules for Colorado
Definitions
Camping: 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.
Campground: Any area specifically designated for overnight camping.
Developed Campgrounds: Campgrounds that have been improved
specifically for camping purposes and may include designated campsites,
delineated spaces, structures or improvements typically provided for
camping purposes. These may include but are not limited to picnic
tables, grills or fire rings, sanitary facilities, trash receptacles,
potable water, controlled access, information kiosks, and user fees may
be charged.
Day Use Area: Any areas open for public access only during daylight
hours, typically between sunrise and sunset, or where specific hours of
operation have been identified. Overnight use in these areas is
specifically prohibited.
Designated Recreation Area: An area officially designated by
official order or notice, or identified in planning documents for which
the BLM has determined the resources require special management and
control measures for resource protection.
Occupancy: Full or part-time residence on public lands for non-
recreational purposes, such as temporary residence in connection with,
or while seeking, employment in the vicinity, or because another
permanent residence is not available. It also means activities that
involve residence; the construction, presence, or maintenance of
temporary or permanent structures
[[Page 7002]]
that may be used for such purposes; or the use of a watchman or
caretaker for the purpose of monitoring activities. Residence or
structures include, but are not limited to, barriers to access, fences,
tents, motor homes, trailers, cabins, houses, buildings, and storage of
equipment or supplies.
Prohibited Acts
Unless otherwise authorized, the following acts are prohibited on
public lands within Colorado:
A. Camping and Occupancy
1. You must not camp longer than 14 consecutive days at any one
location on public land.
2. After the 14 days have been reached, you must not return to that
location for 30 days, and/or you must move at least 30 air miles away
from the previously occupied location.
3. You must not leave any personal property or refuse after
vacating the campsite. This includes any property left for the purposes
of use by another camper or occupant.
4. You must not leave personal property unattended in a day use
area, campground, designated recreation area, or on any other public
lands, for more than 24 hours.
5. You must not establish occupancy, take possession of, or
otherwise use public lands for residential purposes except as allowed
under 43 CFR 3715.2, 3715.2-1, 3715.5, 3715.6, or with prior written
authorization from the BLM.
6. You must not block, restrict, place signs, or otherwise
interfere with the use of a road, trail, gate or other legal access to
and through public lands.
7. You must not camp in any area posted as closed to camping.
Closure must be attained through a final land use planning decision,
Federal Register notification, temporary closure order, or posting or
positioning of a hazardous condition notice or barrier.
8. If a camping area charges fees, you must register and pay
camping fees within 30 minutes of occupying any campsite.
9. Whenever camping in a developed campground or designated
recreation area with established campsites, you must camp in a
designated campsite.
B. Other Acts
You must not violate any state or county laws or regulations
relating to public health, safety, sanitation, building or fire codes.
Exemptions: Persons who are exempt from these rules include: any
Federal, state, or local officer or employee in the scope of their
duties; members of any organized rescue or fire-fighting force in
performance of an official duty; and any person authorized in writing
by the Bureau of Land Management.
Penalties:
a. On public lands in grazing districts (see 43 U.S.C. 315a) and on
public lands leased for grazing under 43 U.S.C. 315m, any person who
violates any of these supplementary rules may be tried before a U.S.
Magistrate and fined no more than $500.00. Such violations may also be
subject to the enhanced fines provided for by 18 U.S.C. 3571.
b. On public lands subject to the Federal Lands Policy and
Management Act of 1976, 43 U.S.C. 1701, et seq., any person who
violates any of these supplementary rules may be tried before a U.S.
Magistrate and fined no more than $1000 or imprisoned for no more than
12 months, or both. 43 U.S.C. 1733(a); 43 CFR 8360.07. Such violations
may also be subject to the enhanced fines provided by 18 U.S.C. 3571.
Jamie E. Connell,
Acting State Director, Colorado.
[FR Doc. E8-2137 Filed 2-5-08; 8:45 am]
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