[Federal Register Volume 60, Number 109 (Wednesday, June 7, 1995)]
[Notices]
[Pages 30093-30095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13949]



[[Page 30093]]

DEPARTMENT OF THE INTERIOR

[NM-030-1220-00]


Establishment of Visitor Restrictions for Designated Sites, 
Special Recreation Management Areas, and Other Public Land in the Las 
Cruces District, New Mexico

AGENCY: Bureau of Land Management (BLM), Interior.

ACTION: Proposed Visitor Restrictions; Request for Comment.

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SUMMARY: The proposed visitor restrictions are necessary for the 
management of actions, activities, and use on public land including 
those which are acquired or conveyed to the BLM. Supplementary rule 
making is provided for under Title 43 CFR Subpart 8365. These proposed 
regulations establish rules of conduct for the protection of persons, 
property, and public land resources. As a visitor to public land, the 
user is required to follow certain rules designed to protect the land 
and the natural environment, to ensure the health and safety of 
visitors, and to promote a pleasant and rewarding outdoor experience.
    This notice supersedes previous notices published in the Federal 
Register, December 15, 1988 (Vol. 53, No. 241); July 24, 1989 (Vol. 54, 
No. 140); August 17, 1989 (Vol. 54, No. 158); August 31, 1989 (Vol. 54, 
No. 168); May 10, 1990 (Vol. 55, No. 91); July 9, 1991 (Vol. 56, No. 
131); January 22, 1991 (Vol. 56, No. 14); and correction to 
Supplementary Rules No. 2., February 1, 1991 (Vol. 56, No. 28), 
establishing Supplementary Rules for Designated Recreation Sites, 
Special Recreation Management Areas and Other Public Land in New 
Mexico.
    More specifically, the purpose falls into the following categories:
     Implementation of Management Plans--Certain prohibited 
activities have been recommended as rules for designated recreation 
sites and Special Recreation Management Areas (SRMAs). In order to 
implement these recommendations, they must be published as specific 
prohibited acts in the Federal Register. Use of the Supplementary Rules 
Section of 43 CFR, Subpart 8365, is the most appropriate way of 
implementation. Rationale for these recommendations is presented in its 
entirely in the resource management plan or recreation management plan 
for the specific area.
     Mitigation of User Conflict--Certain other rules are 
recommended because of specific user conflict problems. Prohibiting the 
reservation of camping space in developed campgrounds will allow such 
space to be available on a first-come, first-served basis. This will 
prevent people from monopolizing the use of limited developed camping 
space. Prohibition of motorized vehicle free-play (operation of any 2-, 
3-, or 4-wheel motor vehicle for purposes other than accessing a 
campsite) is necessary to minimize the noise and nuisance factors that 
such activities represent in developed recreation sites.
     Public Health and Safety--The erection and maintenance of 
unauthorized toilet facilities or other containers for human waste on 
the public land could represent a major threat to public safety and 
health. It should be noted that shooting restrictions recommended do 
not prohibit legitimate hunting activities except within \1/2\ mile of 
developed sites. Recreational shooters will be encouraged to use public 
land where such shooting restrictions do not apply and this use does 
not significantly conflict with other uses.
     Complementary Rules--Some rules, such as parking or 
camping near water sources, are recommended to complement those of 
State and local agencies. Because these rules provide for the 
protection of persons and resources in the interest and spirit of 
cooperation with the responsible agencies, these rules are deemed 
necessary.

Definitions

    As used in these supplementary rules, the term:

--A SRMA--means an area where special or more intensive types of 
resource and user management are needed.
--A developed recreation site and area means sites and areas that 
contain structures or capital improvements primarily used for 
recreation purposes by the public. Development may vary from limited 
development for protection of the resource and the safety of users to a 
distinctly defined site in which developed facilities that meet the 
Land and Water Conservation Fund Act of 1965 (as amended) criteria for 
a fee collection site are provided for concentrated public recreation 
use.
--Public Land means any land, interest in land, or related waters owned 
by the United States and administered by the BLM. Related waters are 
waters which lie directly over or adjacent to public land and which 
require management to protect Federally administered resources or to 
provide for enhanced visitor safety and other recreation experiences.
--Camping means the erecting of a tent or shelter of natural or 
synthetic material, preparing a sleeping bag or other bedding material 
for use, or the parking of a motor vehicle, motor home, or trailer for 
the apparent purpose of overnight occupancy. Occupying a developed camp 
site or an approved location within developed recreation areas and 
sites during the established night period of 10:00 p.m. to 6:00 a.m. 
will be considered overnight camping for fee collection and enforcement 
purposes.
--Campfire means a controlled fire occurring outdoors for cooking, 
branding, personal warmth, lighting, ceremonial, or aesthetic purposes.
--Abandonment means the voluntary relinquishment of control of property 
for longer than a period specified with no intent to retain possession.
--Administrative activities means those activities conducted under the 
authority of the BLM for the purpose of safeguarding persons or 
property, implementing management plans and policies developed in 
accordance and consistent with regulations or repairing or maintaining 
facilities.
--Pet means a dog, cat, or any domesticated companion animal.
--Occupancy means the taking or holding possession of a camp site, 
other location, or residence on public land.
--Vehicle means any motorized or mechanized device, including bicycles, 
hang gliders, ultra lights, and hot air balloons which is propelled or 
pulled by any living or other energy source, and capable of travel by 
any means over ground, water, or air.
--Authorized Officer means any employee of the BLM who has been 
delegated the authority to perform under Title 43.
--Stove fire means a fire built inside an enclosed stove or grill, a 
portable brazier, or a pressurized liquid or gas stove, including 
space-heating devices.
--Weapon means a firearm, compressed gas or spring-powered pistol or 
rifle, bow and arrow, crossbow, blowgun, spearguns, slingshot, 
explosive device, or any other implement designed to discharge missiles 
or projectiles; hand-thrown spear, edged weapons, nun-chucks, clubs, 
billy-clubs, and any device modified for use or designed for use as a 
striking instrument; and includes any weapon the possession of which is 
prohibited under New Mexico law.
--Historic or prehistoric structure or ruin site means any location at 
least 50 years old which meets the standards for inclusion on the 
National Register of Historic Places as [[Page 30094]] defined in 36 
CFR 60.4, without regard to whether the site has been nominated or 
accepted.

Supplementary Rules--All Public Lands

    In addition to regulations contained in 43 CFR 8365.1, the 
following supplementary rules apply to all public land including those 
lands acquired or conveyed to the BLM and related waters. The following 
are prohibited unless authorized by written permit or for 
administrative use:

Sanitation

     To construct or maintain any unauthorized toilet facility.
     The dumping or disposal of sewage or sewage treatment 
chemicals from self-contained or containerized toilets except at 
facilities provided for that purpose.
     To shower or bathe at any improved or developed water 
source, outdoor hydrant pump, faucet or fountain, or rest room water 
faucet unless such water source is designated for that purpose.

Occupancy and Use

     To camp or occupy any site on public land or any approved 
location, including those in developed recreation areas and sites or 
SRMA, for a period longer than 14 days within any period of 28 
consecutive days. Exceptions, which will be posted, include areas 
closed to camping and areas or sites with other designated camping stay 
limits. The 28-day period begins when a camper initially occupies a 
specific location on public land. The 14-day limit may be reached 
either through a number of separate visits or through 14 days of 
continuous occupation. After the 14 days of occupation, campers must 
move beyond a 25-mile radius from the previous location. When a camping 
limit has been reached, use of any public land site within the 25-mile 
radius shall not occur again until at least 30 days have elapsed from 
the last day of authorized use.
     To park any motor vehicle for longer than 30 minutes, or 
camp within 300 yards of any spring, manmade water hole, water well, or 
watering tank used by wildlife or domestic stock. Hunters with valid 
hunting licenses may not park within 300 yards of these water sources.
     To dispose of any burning or smoldering material except at 
sites or falicities provided for that purpose.
     Unauthorized cutting, removing, or transporting woody 
materials including, but not limited to:
    1. Any type or variety of vegetation (excluding dead and downed),
    2. Fuelwood or firewood, either green or standing deadwood or,
    3. Live plants (except for consumption, medicinal purposes, study 
or personal collection).
     Removing or transporting any mineral resources including 
rock, sand, gravel, and other minerals on or from public land without 
written consent, proof of purchase, or a valid permit. Collection of 
specimens and samples in reasonable amounts for personal noncommercial 
use, under 43 CFR 8365.1-5(b) is not affected by this section.
     Failure to prevent a pet from harassing, molesting, 
injuring, or killing humans, wildlife or livestock.
     Violation of the terms, stipulations, or conditions of any 
permit or use authorization.
     Failure to show a permit or use authorization to any BLM 
employee upon request.
     Camp or occupy or build any fire on, or in, any historic 
or prehistoric structure or ruin site.
     Competitive or commercial operations or events without a 
Special Recreation Permit.

Vehicles

     Operation of an off-road vehicle without full time use of 
an approved spark arrester and muffler.
     Failure to display the required State off-road vehicle 
registration.
     Lubricating or repairing any vehicle, except repairs 
necessitated by emergency.
     Operate, park, or leave a motorized vehicle in violation 
of posted restrictions or in such a manner or location as to:
    1. Create a safety hazard,
    2. Interfere with other authorized users or uses,
    3. Obstruct or impede normal or emergency traffic movement,
    4. Interfere with or impede administrative activities,
    5. Interfere with the parking of other vehicles, or
    6. Endanger property or any person.

Public Health and Safety

     Possession or use of fireworks.
     Leaving a campfire unattended, or failing to completely 
extinguish a fire after use.
     The sale or gift of an alcoholic beverage to a person 
under 21 years of age.
     The possession of an alcoholic beverage by a person under 
21 years of age.
     Ignition or burning of any material containing or 
producing toxic or hazardous material.
     Carrying of weapons in violation of State or Federal law.
     Abandonment of animals.

State and Local Laws

     Failure to comply with all applicable State of New Mexico 
regulations for boating safety, equipment, and registration.

Supplementary Rules--Developed Recreation Sites/Areas and Special 
Recreation Management Areas

    In addition to the regulations contained in 43 CFR 8365.1, 8365.2 
and those listed above, the following rules will be applied in 
accordance with 43 CFR 8365.2 The following activities are prohibited 
unless authorized by written permit or for administrative uses:
     Failure to pay use fees at Aguirre Spring Campground, 
Dripping Springs Natural Area, Datil Well Campground, or Three Rivers 
Recreation Area.
     Failure to immediately remove and dispose of in a sanitary 
manner, all pet fecal material, trash, garbage or waste created.
     Failing to physically restrain a pet at all times within 
developed campsites and picnic areas. Pets are prohibited where posted 
on all designated nature or interpretive trails and from entering 
caves. Animals trained to assist handicapped persons are exempt from 
this rule.
     Reserving space, except within established guidelines for 
group facility reservations at Aguirre Spring Campground or Dripping 
Springs Natural Area. Camping and picnicking space is available on a 
first-come, first-served basis.
     Failure to maintain quiet between the hours of 10:00 p.m. 
to 6:00 a.m. or other hours posted. During this period, no person shall 
create noise which disturbs other visitors.
     Vehicles off existing or designated roads and trails 
unless facilities have been specifically provided for such use. 
Motorized vehicles will be operated for access to and from developed 
facilities only.
     To park or occupy a parking space posted or marked for 
handicapped use without displaying an official identification tag or 
plate.
     Posting or distribution of any signs, posters, printed 
material, or commercial advertisements.
     The discharge of firearms or other weapons, hunting and 
trapping within \1/2\ mile of developed recreation sites and 
areas. [[Page 30095]] 
     Using, displaying, or carrying loaded weapons within 
developed campsites or picnic areas.
     Disposing of any waste or grey water except where 
facilities are provided.
     Bringing equine stock, llama, cattle, or other livestock 
within campgrounds or picnic areas unless facilities have been 
specifically provided for such use.
     Unauthorized gathering or collecting woody plants or any 
other natural resource, minerals, cultural, or historical artifacts 
that require permits.
     Not adhering to fire danger ratings issued by Government.
     Climbing, walking on, ascending, descending or traversing 
on the earthwork of Fort Craig National Historic Site, or historic 
structures within the Dripping Springs Natural Area, the Lake Valley 
Historic Site, or Fort Cummings.
     Wood fires are prohibited within the Dripping Springs 
Natural Area unless the firewood is provided by the BLM.
     Aguirre Spring Campground use is limited to overnight 
campers after 10:00 p.m. The entrance gate will be closed at 8:00 p.m. 
during summer hours (approximately April 1 to September 30) and at 6:00 
p.m. during winter hours (approximately October 1 to March 31).
     The Dripping Springs Natural Area will be managed as a 
day-use area (no overnight camping). The entrance gate located in T. 23 
S., R. 3 E., Section 3 on the Dripping Springs road (controlling access 
to La Cueva Picnic Area, A.B. Cox Visitor Center, and Dripping Springs 
Natural Area) will be locked at sunset.
     Pets are prohibited on the Dripping Springs Trail uphill 
(southeast) of the Crawford Trail junction (located in T. 23 S., R. 3 
E., Section 12, NW\1/4\SE\1/4\NE\1/4\). All hikers beyond this point 
are required to stay on trails or in established use areas in order to 
reduce damage to the Dripping Springs Ruins and to protect endangered 
plants in the area.
     Swimming, wading, and bathing are prohibited at the pond 
at the Dripping Springs Natural Area.
     Discharge of firearms, walking off established trails, or 
unauthorized overnight camping are prohibited within the fenced 
enclosure at Fort Cummings, Lake Valley, or the Fort Craig National 
Historic Site.
     Overnight camping, discharge of firearms, and wood fires 
are prohibited within The Box Special Management Area.
     Lake Valley Historic Site use is limited to posted hours.
     Pets are prohibited on the Petroglyph Trail and the Pit 
House Village Trail within the Three Rivers Recreation Area.

List of Developed Recreation Sites/Areas and Special Recreation 
Management Areas

1. Aguirre Spring Campground (Mimbres Resource Area)

T. 22 S., R. 4 E., NMPM
    Sec. 29.

2. Dripping Springs Natural Area (Mimbres Resource Area)

T. 23 S., R. 3 E., NMPM
    Secs. 1, 2.
T. 23 S., R. 4 E., NMPM
    Sec. 7.

3. Three Rivers Recreation Area (Caballo Resource Area)

T. 11 S., R. 9\1/2\ E., NMPM
    Secs. 17, 20, 21, 28.

4. Datil Well Campground (Socorro Resource Area)

T. 2 S., R. 10 W., NMPM
    Secs. 10, 11.

5. Fort Craig National Historic Site (Socorro Resource Area)

T. 8 S., R. 2 W., NMPM
    Secs. 10, 11.

6. Paleozoic Trackways (Mimbres Resource Area)

T. 22 S., R. 1 E., NMPM
    Sec. 19.

7. Organ Mountains Recreation Lands SRMA (Mimbres Resource Area)

T. 22-26 S., R. 3-4 E., NMPM

8. Gila Lower Box SRMA (Mimbres Resource Area)

T. 19 S., R. 19 W., NMPM
    Secs. 7-10, 15-19, 30.
T. 19 S., R. 20 W., NMPM
    Secs. 13-17, 20-29.

9. Fort Cummings SRMA (Mimbres Resource Area)

T. 21 S., R. 8 W., NMPM
    Secs. 22, 23.

10. The Box Special Management Area (Socorro Resource Area)

T. 3 S., R. 1 W., NMPM
    Sec. 31.

11. Lake Valley Historic Site (Caballo Resource Area)

T. 18 S., R. 7 W., NMPM
    Sec. 28.

DATES: Comments on the proposed rule will be accepted until July 7, 
1995. Comments received or postmarked after this date may not be 
considered in the decision-making process on the final rulemaking.

ADDRESSES: Comments should be sent to the New Mexico State Director 
(933), BLM, P.O. Box 27115, Santa Fe, New Mexico 87502-0115. All 
written comments made pursuant to this action will be made available 
for public inspection during normal business hours (8 a.m. to 4 p.m., 
MST) at 1474 Rodeo Road, Santa Fe, New Mexico 87505.

FOR FURTHER INFORMATION CONTACT:

     Mark Hakkila, Outdoor Recreation Planner, BLM Mimbres 
Resource Area, 1800 Marquess, Las Cruces, NM 88005, (505) 525-4341.
     Kevin Carson, Outdoor Recreation Planner, BLM Socorro 
Resource Area, 198 Neel Ave. NW, Socorro, NM 87801, (505) 835-0412.
     Joe Sanchez, Outdoor Recreation Planner, BLM Caballo 
Resource Area, 1800 Marquess, Las Cruces, NM 88005, (505) 525-4391.

SUPPLEMENTARY INFORMATION: The Las Cruces District Manager is 
establishing these supplementary rules, which are necessary for the 
protection of persons, property, and public land and resources 
currently under the Bureau's administration within the Las Cruces 
District, New Mexico and those lands acquired for inclusion within the 
administrative jurisdiction of the BLM as provided for in 43 CFR 
8365.1-6. These supplementary rules apply to all persons using public 
land. Violations of these rules are punishable by a fine not to exceed 
$1,000 and/or imprisonment not to exceed 12 months.
    Exceptions to these visitor restrictions may be permitted by the 
authorized officer subject to limits and restrictions of controlling 
Federal and State law. Persons granted use exemptions must possess 
written authorization from the BLM Office having jurisdiction over the 
area. Users must further comply with the zoning, permitting, rules, or 
regulatory requirements of other agencies, where applicable.

    Dated: May 24, 1995.
Richard A. Whitley,
Acting State Director.
[FR Doc. 95-13949 Filed 6-6-95; 8:45 am]
BILLING CODE 4310-FB-M