Special Regulations, Areas of the National Park System, Curecanti National Recreation Area, Snowmobiles and Off-Road Motor Vehicles |
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Rachel Jacobson
Department of the Interior
December 2, 2013
[Federal Register Volume 78, Number 231 (Monday, December 2, 2013)]
[Rules and Regulations]
[Pages 72028-72032]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28788]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS-CURE-13810; 122PPIMCURES1,PPMPSPD1Z.YM0000]
RIN 1024-AD76
Special Regulations, Areas of the National Park System, Curecanti
National Recreation Area, Snowmobiles and Off-Road Motor Vehicles
AGENCY: National Park Service, Interior.
ACTION: Final rule.
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SUMMARY: The National Park Service amends the special regulations for
Curecanti National Recreation Area, Colorado, to designate routes,
water surfaces, and areas where snowmobiles or motor vehicles may be
used off park roads.
DATES: This rule is effective 2 January 2014.
FOR FURTHER INFORMATION CONTACT: Ken Stahlnecker, Chief of Resource
Stewardship and Science, Curecanti National Recreation Area, 102 Elk
Creek, Gunnison, CO 81230. Phone: (970) 641-2337x225. Email: ken_stahlnecker@nps.gov.
SUPPLEMENTARY INFORMATION:
Background
History of Curecanti National Recreation Area
The Blue Mesa Dam and Reservoir, Morrow Point Dam and Reservoir,
and Crystal Dam and Reservoir make up the Curecanti Unit, one of the
four main units authorized by the Colorado River Storage Project Act of
April 11, 1956 (Pub. L. 84-485) (CRSPA). The Curecanti Unit is also
known as the Wayne N. Aspinall Storage Unit.
Section 8 of CRSPA directed the Secretary of the Interior
(Secretary) ``to investigate, plan, construct, operate, and maintain
(1) public recreational facilities on lands withdrawn or acquired for
the development of [the Colorado River Storage Project] to conserve the
scenery, the natural, historic, and archeological objects, and the
wildlife on said lands, and to provide for public use and enjoyment of
the same and of the water areas created by these projects by such means
as are consistent with the primary purposes of said projects. . . .''
Pursuant to that provision, the National Park Service (NPS) began
managing natural and cultural resources and recreational uses within
the Aspinall Storage Unit and established the Curecanti National
Recreation Area (CURE or recreation area) in 1965 under a Memorandum of
Agreement (MOA) with the Bureau of Reclamation. In 1978, Bureau of
Reclamation lands in the East Portal area were added to CURE and placed
under the management authority of the NPS pursuant to the MOA.
NPS Authority and Jurisdiction
The NPS manages CURE under the NPS Organic Act of 1916 (Organic
Act) (16 U.S.C. 1 et seq.), which gives the NPS broad authority to
regulate the use of the park areas under its jurisdiction. The Organic
Act authorizes the Secretary to ``make and publish such rules and
regulations as he may deem necessary or proper for the use and
management of the parks.''
The purpose of the recreation area, as provided for in the MOA, is
to conserve its scenery, natural and cultural resources, and wildlife,
and to manage its lands, waters, fish, wildlife, and recreational
activities consistent with section 8 of CRSPA and the Federal Water
Project Recreation Act (16 U.S.C. 460l-12; Pub. L. 89-72, July 9, 1965,
as amended).
Description and Significance of CURE
CURE is located in Gunnison and Montrose Counties in southwestern
[[Page 72029]]
Colorado. The reservoirs and the surrounding lands provide recreational
opportunities amidst a variety of natural, cultural, and scenic
resources, including recently discovered dinosaur fossils, a 5,000-acre
archeological district, and traces of 6,000 year-old dwellings.
Approximately one million people visit CURE annually to take advantage
of numerous recreational opportunities. Most visitors come during the
summer months when temperatures are warmer and water-based activities
are more popular.
The recreation area contains water resources, including three
reservoirs that provide a variety of recreational opportunities in a
spectacular geological setting. Blue Mesa Reservoir is one of the
largest high-altitude bodies of water in the United States. It provides
exciting and diverse water recreation opportunities for windsurfers,
sail boaters, and water skiers.
Motor Vehicle and Snowmobile Use at CURE
Visitors to CURE use motor vehicles to access campsites, fishing
spots, marinas, trailheads, and other destinations throughout the
recreation area, both on and off roads. Motor vehicle access is also an
important means for disabled or mobility impaired visitors to
experience the recreation area.
Motor vehicles have traditionally been used to access certain sites
within the recreation area, including areas below the high-water mark
of Blue Mesa Reservoir. The high-water mark is defined as the point at
which the reservoir is at maximum capacity (full pool), an elevation of
7,519 feet. NPS policy at the recreation area has been to allow the
operation of motor vehicles between the high-water mark and the water
surface of Blue Mesa Reservoir for the purpose of fishing access and
boat launching. In addition, the NPS has established several access
roads that service power lines as roads open for motor vehicle access.
Access to areas below the high-water mark is primarily from maintained
roads. However, unmaintained routes off established roads also provide
access for travel below the high-water mark in a few areas. The most
common motor vehicles that access these areas are cars and trucks.
During the winter months, snowmobiles are used to reach popular fishing
locations on the frozen surface of Blue Mesa Reservoir. Snowmobiles
access the frozen surface from designated access points.
Off-Road Motor Vehicle and Snowmobile Regulation
Executive Order 11644, Use of Off-Road Vehicles on the Public
Lands, issued in 1972 and amended by Executive Order 11989 in 1977,
required federal agencies to issue regulations designating specific
areas and routes on public lands where the use of off-road vehicles may
be used. The NPS has implemented these Executive Orders in 36 CFR 2.18
and 4.10.
Under 36 CFR 4.10, the use of motor vehicles off established roads
is prohibited unless routes and areas are designated for off-road motor
vehicle use by a 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.''
Similarly, under 36 CFR 2.18, the use of snowmobiles is prohibited
except on routes and water surfaces used by motor vehicles or
motorboats during other seasons. Under 36 CFR 2.18(b), routes and water
surfaces must be designated for snowmobile use by special regulation.
The NPS is issuing this rule to designate routes, water surfaces,
and areas where motor vehicles and snowmobiles may be used off park
roads, in compliance with 36 CFR 2.18 and 4.10 and Executive Orders
11644 and 11989.
Motorized Vehicle Access Plan/Environmental Assessment
This rule implements the preferred alternative (Alternative C) for
CURE described in the October 2010 Motor Vehicle Access Plan/
Environmental Assessment (EA). The EA was open for public review and
comment from November 17, 2010 until January 15, 2011. CURE completed a
Finding of No Significant Impact (FONSI) on July 10, 2012, which
selected for implementation the preferred alternative (Alternative C).
The EA and FONSI are available for review at http://parkplanning.nps.gov/cure by clicking the link entitled ``Motorized
Access Plan/Environmental Assessment'' and then clicking the link
entitled ``Document List.'' An analysis of potential costs and benefits
of this rule is available for review in the report entitled ``Summary
of Economic Analyses'' found at http://parkplanning.nps.gov/cure then
clicking the link entitled ``Motorized Access Plan/Environmental
Assessment'' and then clicking the link entitled ``Document List.''
Proposed Rule and Public Comment Period
The NPS published the proposed rule on May 9, 2013, (78 FR 27132)
with request for public comment through the Federal eRulemaking portal
at regulations.gov, or by mail or hand delivery. The 60-day comment
period ended on July 8, 2013. No comments were received. There are no
changes from the proposed rule in the final rule other than a few
minor, non-substantive edits. The final rule revises the section
heading for Sec. 7.51 from ``Curecanti Recreation Area'' to
``Curecanti National Recreation Area,'' which is the actual name of the
recreation area.
Final Rule
This rule amends the special regulations for CURE at 36 CFR 7.51 to
implement the selected action in the FONSI. The rule designates frozen
water surfaces where snowmobiles may be used, designates new access
points, and designates routes from the access points to the frozen
surface of the Blue Mesa Reservoir. The rule also designates routes and
areas where motor vehicles may be used off park roads within the
recreation area, and access routes at various locations throughout the
recreation area.
Snowmobiles
This rule amends section 7.51(c) to modify the designated access
routes and frozen water surface where snowmobiles may be used.
Snowmobiles may continue to operate on designated routes and areas
within the boundaries of CURE provided their use conforms to the
regulations governing the use of snowmobiles in 36 CFR 2.18 and
applicable State laws. The rule retains the frozen surface of Blue Mesa
Reservoir as a designated area for snowmobile use and designates
specific access points and access routes to the reservoir. Routes are
designated for travel by snowmobiles from the access points to the
frozen surface of Blue Mesa Reservoir. These access routes are limited
to the most direct route from the access points to the frozen surface.
Traveling parallel to the reservoir, before accessing the frozen
surface, is prohibited. Routes may be marked where possible, but
changing weather conditions and terrain often make posting routes
difficult. The rule also creates three new snowmobile access points:
one at the Lake Fork Visitor Center boat ramp; one on the southeast
shore of Iola Basin near Willow Creek; and one near McIntyre Gulch. The
new access points will reduce environmental impacts by shortening the
distance some
[[Page 72030]]
visitors travel over the frozen surface by snowmobile to fish. A map of
the water surfaces and routes open to snowmobile use and designated
access points will be available in the office of the Superintendent, at
the Elk Creek Visitor Center, at the Lake Fork Visitor Center, at the
Cimarron Visitor Center, and on the recreation area's Web site.
Snowmobile gross weight continues to be limited to a maximum of
1,200 pounds (including cargo but excluding the weight of the driver
and any passenger). The snowmobile speed limit remains 45 mph (36 CFR
2.18(d)(4)).
Off Road Vehicles
The final rule adds paragraph 7.51(e) to designate three groups of
routes and areas where motor vehicles may be used off park roads in the
recreation area. First, the frozen surface of Blue Mesa Reservoir is
designated for use by motor vehicles, in addition to snowmobiles.
Second, the exposed lake bottom of Blue Mesa Reservoir is a designated
area for motor vehicle use. This designated area between the high water
mark and the actual water level of the reservoir is limited to a
maximum area of approximately 958 acres. Third, approximately 24 miles
of off-road routes are designated open to public motor vehicle use.
These designated routes provide access to Blue Mesa Reservoir, other
CURE lands, and to adjacent public lands. A map of routes and areas
open to off-road motor vehicle use will be available in the office of
the Superintendent, at the Elk Creek Visitor Center, at the Lake Fork
Visitor Center, at the Cimarron Visitor Center, and on the recreation
area's Web site. Under 36 CFR 1.4, the term ``motor vehicle'' does not
include snowmobiles. As a result, paragraph 7.51(e) does not apply to
snowmobiles.
The provisions of 36 CFR Part 4, including state law adopted by 36
CFR 4.1, apply within the recreation area. Unless posted otherwise, the
speed limit is 15 mph for motor vehicles on all designated off-road
routes and areas. Speed limits are implemented for visitor safety and
to prohibit driving that may damage resources. The 45 mph speed limit
for snowmobiles is higher than the 15 mph speed limit for motor
vehicles, even though both will be allowed to travel on the frozen
surface of Blue Mesa Reservoir, because snowmobiles are more easily
controlled on snow and ice due to vehicle design and a lower center of
gravity. As a result, there are less safety and resource concerns with
driving snowmobiles in excess of 15 mph. Motor vehicle gross weight is
limited to a maximum of 1,800 pounds (including cargo but excluding the
driver and any passenger) on the frozen surface of Blue Mesa Reservoir.
This vehicle restriction is intended to allow only lightweight all-
terrain vehicles (ATV) or utility task vehicles (UTV or sometimes
referred to as a side-by-side) onto the frozen surface.
To prevent impacts to areas outside of existing routes, wheelbase
width for motor vehicles on all designated routes may not exceed 8
feet, 6 inches. The NPS may also recommend, but will not require, four-
wheel drive and/or high-clearance vehicles on particular routes, based
on visitor safety and route conditions.
Superintendent's Authority
Routes, water surface, areas, or access points designated for
snowmobile, personal watercraft, or off-road motor vehicle use will be
subject to year-round, seasonal, or temporary site-specific closures,
conditions, or restrictions with public notice provided under 36 CFR
1.7. The Superintendent's authority in Sec. 7.51(d)(5), related to
personal watercraft use, is removed because it is redundant with the
Superintendent's authority in paragraph (e) of this rule.
Compliance With Other Laws, Executive Orders and Department Policy
Use of Off-Road Vehicles on the Public Lands (Executive Orders 11644
and 11989)
Section 3(a)(4) of Executive Order 11644 provides that off-road
vehicle (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 Executive Order 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 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.
CURE is an area of the National Park System. Therefore, the NPS
interprets the Executive Order term ``adversely affect'' consistent
with 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 those requirements. It will not impede
attainment of CURE's desired future conditions for natural and cultural
resources as identified in the EA. The NPS has determined that this
rule will not unreasonably interfere with the atmosphere of peace and
tranquility or the natural soundscape maintained in natural locations
within CURE. Therefore, within the context of the resources and values
of CURE, motor vehicle use on the routes and areas designated by this
rule (which are also subject to resource closures and other species
management measures that would be implemented under the preferred
alternative in the EA) will not cause an unacceptable impact to the
natural, aesthetic, or scenic values of CURE.
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 shall 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
(Alternative C) for the EA identifies monitoring and resource
protection procedures and periodic review to provide for the ongoing
and future evaluation of impacts of motor vehicle use on protected
resources. The Superintendent has the existing authority under both
this final rule and 36 CFR 1.5 to close portions of CURE as needed to
protect recreational area resources.
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 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 this rule is not
significant.
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. The Executive Order 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
[[Page 72031]]
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. We have 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.). This certification is based on the regulatory flexibility
analysis found in the report entitled ``Summary of Economic Analyses''
that may be reviewed on the recreation area's planning Web site at
http://parkplanning.nps.gov/cure, then clicking the link entitled
``Motorized Access Plan/Environmental Assessment'' and then clicking
the link entitled ``Document List.''
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5 U.S.C. 804(2), the SBREFA.
This rule:
(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 (UMRA)
This rule does not impose an unfunded mandate on State, local, or
tribal governments or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local or tribal governments or the private sector. A statement
containing the information required by the UMRA (2 U.S.C. 1531 et seq.)
is not required.
Takings (Executive Order 12630)
This rule does not affect 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, this rule
does not have sufficient federalism implications to warrant the
preparation of a Federalism summary impact statement. This rule only
affects use of NPS administered lands and waters. A Federalism summary
impact statement is not required.
Civil Justice Reform (Executive Order 12988)
This rule complies with the requirements of Executive Order 12988.
Specifically, this rule:
(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 Department's consultation policy and under the criteria
in Executive Order 13175 and have determined that it has no substantial
direct effects on federally recognized Indian tribes and that
consultation under the Department's tribal consultation policy is not
required.
Recreation area staff consulted with representatives from the
Southern Ute Indian tribe, Uintah and Ouray Tribal Business Committee,
Ute tribe of the Uintah and Ouray Reservation, and the Ute Mountain Ute
tribe. The tribes have not commented or identified any concerns to
date.
Paperwork Reduction Act (PRA)(44 U.S.C. 3501 et seq.)
This rule does not contain information collection requirements, and
a submission to the Office of Management and Budget under the PRA is
not required. We may not conduct or sponsor and you are not required to
respond to a collection of information unless it displays a currently
valid OMB control number.
National Environmental Policy Act (NEPA)
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under NEPA is not required because we reached the FONSI. The EA and
FONSI are available for review at http://parkplanning.nps.gov/cure then
clicking the link entitled ``Motorized Access Plan/Environmental
Assessment'' and then clicking on 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: 16 U.S.C. 1, 3, 9a, 462(k); Sec. 7.96 also issued
under 36 U.S.C. 501-511, DC Code 10-137 (2001) and DC Code 50-
2201.07 (2001).
0
2. Amend Sec. 7.51 by revising the section heading and the
introductory text of paragraph (c), revising paragraphs (c)(2) and
(c)(3), adding paragraph (c)(4), removing paragraph (d)(5), and adding
paragraphs (e) and (f). The revisions and additions read as follows:
Sec. 7.51 Curecanti National Recreation Area.
* * * * *
(c) Snowmobiles. Operating a snowmobile is allowed within the
boundaries of Curecanti National Recreation Area under the following
conditions:
* * * * *
(2) Designated water surface and routes. Snowmobile use is confined
to the following water surface and routes:
(i) The frozen surface of Blue Mesa Reservoir; and
(ii) Lake Fork Visitor Center access point, McIntyre Gulch access
point, Sapinero Beach access point, Dillon Pinnacles access point,
Windsurf Beach access point, Elk Creek Marina, Dry Creek access point,
North Willow access point, Old Stevens access point, Iola access point,
Willow Creek access point, and the most direct route from each of these
access points to the frozen surface of Blue Mesa Reservoir.
(3) Identification of designated water surface and routes. The
designated water surface and routes are identified on maps available at
the office of the Superintendent, Elk Creek Visitor Center, Lake Fork
Visitor Center, Cimarron Visitor Center, and on the recreation area Web
site.
[[Page 72032]]
(4) Snowmobile requirements. Snowmobiles are limited to a maximum
of 1200 pounds gross vehicle weight (GVW), including cargo but
excluding the weight of the driver and any passenger.
* * * * *
(e) Off-road motor vehicle use. Operating a motor vehicle is
allowed within the boundaries of Curecanti National Recreation Area off
park roads under the following conditions:
(1) Designated routes and areas. Motor vehicle use off park roads
is confined to the following routes and areas:
(i) Via the access points and routes listed in paragraph (c)(2)(ii)
of this section, directly to the frozen surface of Blue Mesa Reservoir;
(ii) A maximum area of approximately 958 acres of the exposed lake
bottom of Blue Mesa Reservoir between the high-water mark and the water
of the reservoir; and
(iii) Posted designated access routes through the recreation area
described and selected in the Curecanti Motor Vehicle Access Plan/
Finding of No Significant Impact dated July 10, 2012.
(2) Identification of designated routes and areas. These routes and
areas are identified on Maps 6a and 6b, dated January 1, 2011, which
are available at the office of the Superintendent, Elk Creek Visitor
Center, Lake Fork Visitor Center, Cimarron Visitor Center, and on the
recreation area Web site.
(3) Vehicle requirements. Motor vehicles operating off park roads
must meet the following requirements:
(i) Wheelbase width must not exceed 8 feet, 6 inches.
(ii) Maximum gross vehicle weight for motor vehicle use on the
frozen surface of Blue Mesa Reservoir is 1800 pounds GVW, including
cargo but excluding the weight of the driver and any passenger. This
restricts vehicle use on the frozen surface to all-terrain and utility
task type vehicles.
(4) Speed limits. Unless otherwise posted, motor vehicles may not
exceed 15 miles per hour on designated off-road routes and areas.
(f) Superintendent's authority. The Superintendent may open or
close designated routes, water surfaces, access points, or areas open
to snowmobile, PWC, or off-road motor vehicle use, or portions thereof,
or impose conditions or restrictions for snowmobile, PWC, or off-road
motor vehicle use after taking into consideration public health and
safety, natural and cultural resource protection, and other management
activities and objectives.
(1) 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.
(2) Violating a closure, condition or restriction is prohibited.
Dated: November 20, 2013.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2013-28788 Filed 11-29-13; 8:45 am]
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