Notice of Final Supplementary Rule for Public Lands Administered by the Tres Rios Field Office in Archuleta, La Plata, Montezuma, Dolores, San Miguel, and Montrose Counties, and by the Gunnison Field Office in Gunnison, Ouray, San Juan, and Hinsdale Counties, Colorado

<RULE> DEPARTMENT OF THE INTERIOR <SUBAGY>Bureau of Land Management</SUBAGY> <CFR>43 CFR Part 8360</CFR> <DEPDOC>[BLM_CO_FRN_MO4500180623]</DEPDOC> <SUBJECT>Notice of Final Supplementary Rule for Public Lands Administered by the Tres Rios Field Office in Archuleta, La Plata, Montezuma, Dolores, San Miguel, and Montrose Counties, and by the Gunnison Field Office in Gunnison, Ouray, San Juan, and Hinsdale Counties, Colorado</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Bureau of Land Management, Interior. <HD SOURCE="HED">ACTION:</HD> Final supplementary rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Bureau of Land Management (BLM) is finalizing a supplementary rule for BLM-administered public lands in the Tres Rios Field Office (TRFO) and Gunnison Field Office (GFO). The final supplementary rule will allow the BLM to implement and enforce decisions related to motorized and non-motorized vehicles, day-use areas, seasonal wildlife habitat protection, camping, and campfires. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> The final supplementary rule is effective on January 18, 2025. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> Inquiries may be directed to the BLM TRFO, 29211 Highway 184, Dolores, CO 81323, or at (970) 882-1120; or to the BLM GFO, 2500 E. New York Ave, Gunnison, CO 81230 or at (970) 642-4940. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Tyler Fouss, Field Staff Ranger, BLM TRFO, 29211 Highway 184, Dolores, CO 81323; telephone 970-882-1131; email: <E T="03">tfouss@blm.gov.</E> 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. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <EXTRACT> <FP SOURCE="FP-2">I. Background</FP> <FP SOURCE="FP-2">II. Discussion of Public Comments</FP> <FP SOURCE="FP-2">III. Discussion of Final Supplementary Rule</FP> <FP SOURCE="FP-2">IV. Procedural Matters</FP> <FP SOURCE="FP-2">V. Final Supplementary Rule</FP> </EXTRACT> <HD SOURCE="HD1">I. Background</HD> The BLM is establishing this supplementary rule under the authority of 43 CFR 8365.1-6, which authorizes BLM State Directors to establish supplementary rules for the protection of persons, property, and public lands and resources. In 2015, the TRFO approved a Resource Management Plan (RMP) to replace portions of the San Juan/San Miguel RMP that are within the jurisdiction of the TRFO (previously known as the San Juan Resource Area). The two approved RMPs and Records of Decision provide direction on how the BLM will manage public lands in Archuleta, La Plata, Montezuma, Dolores, San Miguel, Montrose, Gunnison, San Juan, Ouray, and Hinsdale counties, Colorado, except for public lands that are within the Canyon of the Ancients National Monument, which is managed under a separate RMP approved in 2010. During the public planning and analysis processes for the TRFO RMP, the BLM identified the need to establish a supplementary rule to provide for visitor health and safety and to protect cultural, wildlife, and natural resources on public lands managed by the BLM. The TRFO RMP carries forward decisions in the Dolores River Corridor Management Plan (CMP) and the Alpine Triangle Recreation Area Management Plan (RAMP), which were approved in 1990 and 2010, respectively. The Silverton Travel Management Plan (TMP) and the TRFO Transportation and Access Plan for Travel Area 1 (TAP1) were both approved in 2020. Over the past 10 years, the BLM has recorded increases in visitation numbers and subsequent pressures to Special Recreation Management Areas (SRMAs), critical winter wildlife habitat areas, and archaeological sites throughout the TRFO and GFO. To address the growing concerns, the BLM is establishing this supplementary rule to implement decisions in the five management plans to protect visitor health and safety and prevent natural and cultural resource degradation. When the BLM adopted the TRFO RMP, the plan included BLM-managed lands that are now under the jurisdiction of the GFO due to changes in the TRFO and GFO boundaries. Neither the TRFO RMP nor the GFO RMP have been updated to reflect these changes; thus, the rule will also apply to BLM-managed lands now administered by the GFO in parts of Hinsdale, San Juan, and Ouray counties. Several sections of the rule will implement decisions spanning all public lands managed by the BLM in the TRFO and GFO. Other sections will apply only to specific types of BLM-managed lands, such as SRMAs or critical winter wildlife habitat areas experiencing the most visitation. The rule will only address land use limitations and restrictions previously proposed, analyzed, and approved as part of the public planning processes for the TRFO RMP, Dolores River CMP, Alpine Triangle RAMP, Silverton TMP, and TRFO TAP1, and their associated environmental impact statements (EIS) or environmental assessments (EA). The BLM developed the five management plans with extensive input from the public, Tribes, and elected officials through scoping, opportunities for public comment, and resource advisory committee meetings. The BLM took the following steps to involve the public in developing the plans that are the basis for this final supplementary rule: 1. The TRFO RMP was initially a joint agency planning effort by the BLM and U.S. Forest Service, which included extensive public participation in determining appropriate uses in the planning area. Public comments and input received during all planning stages resulted in the BLM fine-tuning the TRFO RMP, which applies only to public lands managed by the BLM. 2. Public participation for the Dolores River CMP was a coordinated effort consisting of a task force of people representing diverse interests, including local governments, private landowners, wildlife and fishing enthusiasts, resource conservationists, and private and commercial boaters. In addition, the BLM hosted several public meetings in local communities surrounding the planning area to consider options for managing the river canyon. 3. Public participation was vital to developing the Alpine Triangle RAMP. The BLM developed and implemented a public involvement strategy to obtain input from a diverse group of stakeholders and set the stage for community support. 4. The public involvement effort for the Silverton TMP included opportunities for the public to provide feedback during scoping and review of the EA and a BLM open house public meeting at Kendall Mountain in Silverton, Colorado. 5. To develop the TRFO TAP1, the BLM met with various individuals, organizations, and interest groups representing motorized, equestrian, and mechanized users as well as conservation organizations. The BLM also hosted open-house meetings to solicit initial public input. <HD SOURCE="HD1">II. Discussion of Public Comments</HD> The BLM published a proposed supplementary rule on February 28, 2024 (89 FR 14606) and received 24 comments during the 60-day public comment period. Five commenters expressed support for the supplementary rule. One commenter expressed opposition to proposed rules restricting mechanized travel and indicated that the rule is an affront to accessibility for people unable to walk or bike. Under proposed Rules 1, 4, 8, and 12, mechanized travel is allowed on designated routes. Proposed Rules 5 and 7 prohibit all mechanized travel within the Perins Peak Wildlife Management Area, designated Wilderness Study Areas, and the Coyote Wash and Snaggletooth lands with wilderness characteristics. Proposed Rule 4 prohibits mechanized vehicles within the Willow Creek Wildlife Management Area from December 1 through June 30 each year. The proposed rule's definition of mechanized travel exempts wheelchairs from mechanized-travel restrictions. Any change to the mechanized travel restrictions would require the BLM to amend the underlying RMP. The BLM did not revise the final supplementary rule in response to this comment. One commenter indicated that proposed rule 24, which states that “You must register at a developed BLM river launch point prior to watercraft use from Bradfield Bridge to Bedrock,” is unclear. In response, the BLM is clarifying the language in the final rule to read that the rule applies only to river trips. The same commenter stated that the rule cannot apply to private lands. The proposed rule already stipulates that it applies only to specified BLM public lands as does the final rule, so no change is needed. One commenter stated that the TRFO RMP does not have a Phil's World Recreation Management Zone (RMZ), does not specify that wildlife closures are to be lifted on April 15 of each year, and does not have restrictions for domestic animals in the Cortez SRMA, Durango SRMA, or Silverton SRMA. In response to this comment, the final rule changes the reference to “Phil's World RMZ” in proposed Rule 16 to the “Phil's World Area.” Lifting wildlife closures on April 15 is specific to the annual Durango area wildlife closures as set forth in the TRFO RMP. Restrictions pertaining to domestic animals are detailed in Appendix E of the TRFO RMP. One commenter disputed the proposed requirement in Rule 15 that, particularly within the Silverton SRMA, domestic animals such as dogs must be controlled by leash or voice command to prevent negative interactions between recreationalists and sheep herds, including the dogs used to protect them. The commenter indicated that the rule should apply to the dogs used to protect the sheep as well and that sheepherders should consider using less aggressive dog breeds. 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