[Federal Register Volume 60, Number 148 (Wednesday, August 2, 1995)]
[Notices]
[Pages 39413-39416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18945]



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DEPARTMENT OF THE INTERIOR
[NM-010-05-1220-00/G010-G5-0009]


Establishment of Supplementary Rules for Designated Recreation 
Sites, Special Recreation Management Areas, and Other Public Lands in 
Albuquerque District, New Mexico

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

ACTION: Proposed supplementary rules; request for comment.

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SUMMARY: These proposed rules, published for a 30-day comment period, 
are needed for managing actions, activities, and use on public lands, 
including lands that have been acquired or conveyed to the BLM. These 
rules would establish criteria for individual conduct to protect 
persons, property, and public lands and resources, and would supplement 
those established under 43 CFR Subparts 8365.1 and 8365.2. They would 
apply to all public lands under the jurisdiction of the BLM's 
Albuquerque District, New Mexico. Supplementary rulemaking is provided 
for under Title 43 CFR, Subpart 8365.
    The users of public lands are expected to follow certain rules 
designed to protect the lands and its natural resources, to mitigate 
use conflicts, to implement management plans, and for the protection, 
comfort and well-being of other users of the public lands. These rules 
will also provide for the protection of persons and resources in the 
interest and spirit of cooperation with local, state and other federal 
agencies. Except as otherwise provided for by federal law or 
regulations, state and local laws and ordinances shall apply and be 
enforced by the appropriate state and local authorities.
    This notice supersedes previous notices published in the Federal 
Register on August 17, 1989 (Vol. 54, No. 158), and February 1, 1991 
(Vol. 56, No. 28), which established Supplementary Rules for Designated 
Recreation Sites, Special Recreation Management Areas and Other Public 
Lands in the Albuquerque District, New Mexico.
    Definitions: As used in these supplementary rules, the term:

--Abandonment means the voluntary relinquishment of control of property 
for longer than a period specified with no intent to retain possession.
--Administrative activities are those activities conducted under the 
authority of the BLM in accordance with applicable laws, regulations 
and policies.
--Authorized Officer means any employee of the BLM who has been 
delegated the authority to perform the duties in 43 CFR, Part 8360.
--Boat launching/taking out means the transfer of a boat from or to a 
vehicle or trailer, to or from the water to begin or end a floatboat 
trip.
--Campfire means a controlled fire occurring outdoors for cooking, 
branding, personal warmth, lighting, ceremonial or aesthetic purposes.
--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 
campsite or an approved location within developed recreation areas and 
sites during the established night period of 10 p.m. to 6 a.m. will be 
considered 

[[Page 39414]]
overnight camping for fee collection and enforcement purposes.
--Developed recreation sites and areas are those that contain 
structures or capital improvements primarily used for recreation 
purposes by the public. Development may vary from limited improvements 
for protecting the resources and the safety of users, to distinctly 
defined sites where developed facilities are provided for concentrated 
public recreation use. Such sites meet criteria of the Land and Water 
Conservation Fund Act of 1965 (as amended) for fee collection sites.
--Disorderly conduct is engaging in fighting; addressing any offensive, 
derisive, or annoying communication to any other person who is lawfully 
present when such communication has a direct tendency to cause acts of 
violence by the person to whom, individually, the remark is addressed; 
or making statements or other actions directed toward inciting or 
producing imminent lawless action and likely to incite or produce such 
action.
--Historic or prehistoric structure or ruin site is any location that 
meets the standards for inclusion on the National Register of Historic 
Places as defined in 36 CFR 60.4, without regard to whether the site 
has been nominated or accepted.
--Occupancy means the taking or holding possession of a campsite or 
residence on public land.
--Pet means a dog, cat or any animal that has been domesticated.
--Public lands are any lands, interest in lands, or related waters 
owned by the United States and administered by the BLM. Related waters 
are those that lie directly over or adjacent to public lands and that 
require some management control to protect federally administered 
resources or to provide for enhanced visitor safety and other 
recreation experiences.
--Public nudity means appearing nude on public lands when such activity 
is within view of unaffiliated persons. Nudity is defined as the 
failure to cover the rectal area, pubic area, or genitals. A female is 
also nude if she fails to cover at least the areola portions of both 
breasts. Each such covering must be fully opaque. No person under the 
age of 10 years shall be considered publicly nude.
--Reasonable quantities for pinon nuts are 25 pounds per year; for 
seeds are 1 cubic foot per year per species; for other edible plants or 
plant parts mean personal consumption on site; for woody material are 
only enough to burn in authorized campfires; for plant materials (or 
plant parts) are 1 cubic foot per species per year; and for specimens 
and samples of rocks and minerals are small amounts of non-renewable 
resources used for hobby purposes, not to exceed 250 pounds per year 
and not to include common mineral materials.
--Special Recreation Management Area (SRMA) means an area where special 
or more intensive types of resource and user management are needed.
--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.
--Vehicle means any motorized or mechanized device, not including 
bicycles or wheelchairs, that is propelled or pulled by any living or 
other energy source, and capable of travel by any means over ground or 
water.
--Weapon means a firearm, compressed gas or spring-powered pistol or 
rifle, bow and arrow, crossbow, blowgun, speargun, slingshot, irritant 
gas device, explosive device, or any other implement designed to 
discharge missiles or projectiles; hand-thrown spear, edged weapon, 
nun-chucks, clubs, billy-clubs, and any device modified for use or 
designed for use as a striking instrument; to include any weapon the 
possession of which is prohibited under New Mexico law.

Supplementary Rules--All Public Lands

    In addition to regulations contained in 43 CFR 8365.1, the 
following supplementary rules apply to all public lands in the 
Albuquerque District, including those lands acquired or conveyed to the 
BLM, and related waters. Unless authorized by written permission, no 
person shall:

Sanitation

     Construct or maintain any pit toilet facility, other than 
shallow holes or trench toilets developed for use by backcountry 
visitors for stays lasting 14 days or less. All holes, trenches or pits 
must be a minimum of 100 feet from any permanent water source.
     Dump or dispose of sewage or sewage treatment chemicals 
from self-contained or containerized toilets except at facilities 
provided for that purpose.

Occupancy and Use

     Camp or occupy any site on public lands 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 
14th day of occupation, campers must move beyond a 25-mile radius from 
the previous location, and must not return to a location within this 
radius for 30 days or longer.
     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.
     Dispose of any burning or smoldering material except at 
sites or facilities provided for that purpose.
     Violate the terms, stipulations, or conditions of any 
permit or use authorization.
     Fail to show a permit or use authorization to any Bureau 
of Land Management employee upon request.
     Camp or occupy, or build any fire on or in any historic or 
prehistoric structure or ruin site.

Vehicles

     Operate an off-road vehicle without full-time use of an 
approved spark arrester and muffler.
     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,
6. Park more than 300 feet from an existing or designated route, 
subject to any superseding requirements for such use along designated 
or existing routes, or

     Operate a vehicle in violation of state motor vehicle laws 
or regulations.

Public Health and Safety

     Possess or use fireworks.
     Sell or make a gift of an alcoholic beverage to a person 
under 21 years of age.
     Possess an alcoholic beverage if under 21 years of age.
     Ignite or burn any material containing or producing toxic 
or hazardous material.
     Carry concealed weapons in violation of state law.
     Discharge a firearm or any other implement capable of 
taking human life, causing injury, or damaging property: 

[[Page 39415]]

    1. In or within 150 yards of a dwelling, building, campsite or 
occupied area, or
    2. On, from or across a developed road; from within a fenced right-
of-way; within 40 feet of a road if no fence exists; across a body of 
water adjacent thereto; or in any manner or place whereby any person or 
property is exposed to injury or damage as a result of such discharge.
     Conduct themselves in a disorderly fashion.
     Fail to prevent a pet from harassing, molesting, injuring, 
or killing humans, domesticated animals, wildlife or livestock.
     Fail to comply with all applicable State of New Mexico 
regulations for boating safety, equipment, and registration.
     Enter a cave without each person wearing a safety helmet 
(hard hat) with chin strap and carrying at least three sources of 
light.
Property and Resources

     Cut, remove or transport woody materials including (but 
not limited to):
    1. Any type or variety of vegetation,
    2. Fuelwood or firewood (either green or standing deadwood), and
    3. Live plants,
except as authorized by 43 CFR 8365.1-5 (b) and (c) (which allow the 
collection of commonly available renewable resources such as flowers, 
berries, nuts, seeds, cones and leaves; and the collection of forest 
products for use in campfires on the public lands).
     Remove or transport any mineral resources, including, but 
not limited to, rock, sand, gravel, other mineral materials, or 
decorative landscaping materials on or from public lands without 
written consent, proof of purchase, or a valid permit.
     Annoy or disturb bats, raptors, reptiles or other 
protected species, including nesting sites or areas.

Supplementary Rules--Developed Recreation Sites/Areas, 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. Unless authorized by written permit, no 
person shall:

Occupancy and Use

     Reserve camping space, except at group facilities. Camping 
space is available on a first-come, first-served basis.
     Camp at one area or site within a developed campground for 
longer than 7 days in any 28-consecutive-day period unless extended by 
the authorized officer. After the 7th day, campers must move to a 
public land site at least 25 miles from the previous location and must 
not return to the previous location for 30 days or longer.
     Park more than 2 motorized vehicles at any approved site 
and/or cause that site to be occupied by more than 15 individuals, 
unless the site is posted otherwise or designated for group use. 
(Groups exceeding these limits may occupy additional sites and/or 
additional designated parking areas.)
     Camp or occupy, between 10:00 pm and 6:00 am, the Black 
Rock Spring, County Line, John Dunn Bridge, Lover's Lane, Manby Spring, 
Quartzite, La Ventana Natural Arch, Tent Rocks, Bluewater Canyon, Canon 
Tapia, Guadalupe Ruin and Community, and Ward Ranch Recreation Areas/
Sites; Wild Rivers Recreation Area's Bear Crossing and Chawalauna 
Overlooks; or Orilla Verde Recreation Area's Gauging Station picnic 
site.
     Engage in non-commercial floatboating without the 
following items in each group, unless otherwise indicated by permit or 
registration requirements:
    1. A first-aid kit,
    2. An approved U.S. Coast Guard Type I, III or V life preserver for 
each individual (which must be worn at all times while on the rivers),
    3. An extra life preserver for each boating party, excluding kayaks 
and canoes,
    4. A bailing bucket of at least 2-gallon capacity aboard each non-
self-bailing watercraft, excluding kayaks and canoes,
    5. A length of rope at least equal to the length of the boat,
    6. A throw line of at least 60 feet for each boat, excluding 
kayaks,
    7. Patching and repair equipment,
    8. An air pump for inflatable watercraft, and
    9. An extra oar or pair of paddles for each oar- or paddle- powered 
watercraft, excluding kayaks.
     Engage in noncommercial floatboating within the boundaries 
of the Rio Grande Wild and Scenic River without completing a BLM 
boating registration form for each day, or for each trip if a multi-day 
trip.
     Build, tend, or use a campfire except in a stove, grill, 
fireplace or ring provided for such purpose in developed recreations 
areas or sites.
     Ride a horse or a bicycle in areas or on trails posted as 
closed to such use.
     Launch or take out boats at sites not designated for such 
use on the Rio Grande between John Dunn Bridge Recreation Site and the 
Velarde Diversion Dam (T. 23 N., R. 9 E., sec. 34). All sites not 
designated for such use are closed to boat launching/takeout.

Vehicles

     Use a motorized craft, including inboard or outboard 
motors, jet skis or hovercraft on the Rio Grande Wild and Scenic River, 
and the Lower Gorge Special Recreation Management area between the 
County Line Recreation Site and the Velarde Diversion Dam; and on the 
Rio Chama Wild and Scenic River.
     Operate non-street-legal motorized vehicles within the 
boundaries of all recreation areas or sites.
     Operate motor vehicles within the Ignacio Chavez Grant or 
Elk Springs during seasonal closures.
     Operate motor vehicles within the San Ysidro Trials 
Limited Area except as authorized by special use permit.
     Park a vehicle other than in areas established for such 
use; or further than 25 feet from designated roads, subject to any 
superseding requirements of such use along wilderness area boundaries, 
or to restrictions that may be in place along designated roads.

Property and Resources

     Cut or gather green trees or their parts, or remove down 
or standing dead wood for any purpose, including use in campfires.
     Climb or walk on the ``tent rock'' formations in the Tent 
Rocks Recreation Area.
     Participate in technical rock climbing within the La 
Ventana Natural Arch area.
     Use mechanized equipment or create bank disturbance in 
association with recreational gold panning. Panning with hand tools 
below the water line is allowed.

Public Health, Safety and Comfort

     Fail to immediately remove and dispose of in a sanitary 
manner, all pet fecal material, trash, garbage or waste created.
     Bring a pet on any nature or interpretive trails, caves, 
and freshwater springs that are signed as prohibited to pets. Animals 
trained to assist handicapped persons are exempt from this rule.
     Fail to maintain quiet between the hours of 10:00 p.m. to 
6:00 a.m., or other hours as posted. During this period no person shall 
create noise that disturbs other visitors.
     Post or distribute any signs, posters, printed material or 
commercial advertisements without written approval by the authorized 
officer.

[[Page 39416]]

     Use, display or carry weapons within developed campsites 
or picnic areas.
     Bring equine stock, llamas, cattle or other livestock 
within campgrounds or picnic areas unless facilities have been 
specifically provided for such use.
     Discharge firearms or other weapons, or hunt and trap 
within a developed recreation area or within 150 yards of a developed 
recreation site.
     Be publicly nude at Wild Rivers, Orilla Verde or Santa 
Cruz Lake Recreation Areas; Lower Gorge Special Recreation Management 
Area; or John Dunn Bridge Recreation Site.
     Shower or bathe at any improved or developed water source, 
outdoor hydrant pump, faucet, or fountain, or restroom water faucet, 
unless such water source is designated for that purpose.

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

Rio Puerco Resource Area

1. Tent Rocks
    T. 16 N., R. 5 E., secs. 3, 4, 5
    T. 17 N., R. 5 E., secs. 27-31
2. El Malpais National Conservation Area
    a. La Ventana Natural Arch Special Management Area
    T. 8 N., R. 10 W., secs. 33, 34
    T. 7 N., R. 10 W., secs. 3, 4
    b. South Narrows Recreation Area
    T. 7 N., R. 10 W., sec. 17
    c. El Malpais Ranger Station
    T. 9 N., R. 9 W., sec. 32
3. Elk Springs
    T. 18 N., R. 1 W., secs. 1-4
    T. 19 N., R. 1 W., secs. 10, 11, 14, 15, 21-23, 26-29, 33-35
4. Pronoun Cave Complex
    T. 6 N., R. 5 W., secs. 10, 14
5. Guadalupe Ruin and Community
    T. 15 N., R. 3 W., secs. 14, 15, 22, 23
6. Canon Tapia (applies only to lands within the canyon)
    T. 15 N., R. 3 W., sec. 20, 21, 22, 29, 31
7. Ignacio Chavez Grant
    T. 15 N., R. 3 W.
    T. 15 N., R. 4 W.
    T. 15 N., R. 5 W.
    T. 15 N., R. 6 W.
    T. 16 N., R. 4 W., secs. 19, 20, 21, 22, 27, 28, 29, 30
    T. 16 N., R. 5 W., secs. 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 
30
    T. 16 N., R. 6 W.
8. San Ysidro Trials Area
    T. 15 N., R. 1 E., secs. 3, 4, 9, 10
    T. 16 N., R. 1 E.
9. Bluewater Canyon
    a. Canyon Entrance
    T. 12 N., R. 11 W., sec. 5
    b. Lands Within Canyon
    T. 12 N., R. 11 W., secs. 5, 6
Taos Resource Area

1. Lower Gorge Special Recreation Management Area
    T. 26 N., R. 11 E., sec. 31, river section to T. 23 N., R. 9 E., 
sec. 34, including:
    a. Quartzite Recreation Site T. 24 N., R. 11 E., sec. 32
    b. County Line Recreation Site T. 23 N., R. 11 E., secs. 14, 15
    c. Lover's Lane Recreation Site T. 23 N., R. 10 E., sec. 20
2. Orilla Verde Recreation Area
    T. 24 N., R. 11 E., secs. 2, 10, 11, 14-16, 20-22, 28, 29
3a. Rio Chama Wild and Scenic River
    T. 24 N., R. 2 E., sec. 1; T. 24 N., R. 3 E., secs. 5, 6, 8-10, 
13-15; T. 25 N., R. 2 E., secs. 2, 3, 11, 13, 14, 23, 24, 25, 36; T. 
25 N., R. 3 E., sec. 31; T. 26 N., R. 2 E., secs. 3, 4, 9, 10, 15, 
16, 21, 22, 26, 27, 34; T. 27 N., R. 2 E., secs. 9, 10, 15, 16, 21, 
22, 27, 28, 33, 34
3b. Ward Ranch Recreation Site
    T. 27 N., R. 2 E., sec. 27
4. Rio Grande Wild and Scenic River
    T. 23 N., R. 10 E., secs. 1, 11-16, 22; T. 23 N., R. 11 E., 
secs. 5-7; T. 24 N., R. 11 E., secs. 2, 10, 11, 15, 16, 20, 21, 28, 
29, 31-33; T. 25 N., R. 11 E., secs. 1, 12, 13, 23-26, 35, 36; T. 26 
N., R. 11 E., secs. 1, 12-14, 23-26, 35, 36; T. 27 N., R. 11 E., 
sec. 36; T. 27 N., R. 12 E., secs. 5, 7, 8, 17-19, 30, 31; T. 28 N., 
R. 12 E., secs. 5-10, 16-20, 29-30; T. 29 N., R. 12 E., secs. 4, 5, 
8, 9, 16, 17, 20, 29-32; T. 30 N., R. 12 E., secs. 6, 7, 17-20, 29, 
30, 32; T. 31 N., R. 11 E., secs. 1, 2, 11, 14, 23-26; T. 31 N., R. 
12 E., secs. 30, 31; and T. 32 N., R. 11 E., secs. 24, 25, 36.
    a. John Dunn Bridge Recreation Site T. 27 N., R. 12 E., sec. 31
    b. Manby Spring Recreation Site T. 26 N., R. 11 E., sec. 12
    c. Black Rock Spring Recreation Site T. 26 N., R. 11 E., sec. 1
5. Santa Cruz Lake Recreation Area
    T. 20 N., R. 10 E., secs. 7, 18
6. Wild Rivers Recreation Area
    T. 29 N., R. 12 E., secs. 16, 17, 20, 29, 31, 32
    T. 28 N., R. 12 E., secs. 4, 5, 6, 8, 9, 16, 17

DATES: Comments on the proposed rules will be accepted until September 
1, 1995. Comments received or postmarked after the above date may not 
be considered in the decision-making process on the final rulemaking.

ADDRESSES: Comments should be sent to: District Manager (014), BLM, 435 
Montano NE, Albuquerque, New Mexico 87107. All written comments made 
pursuant to this action will be made available for public inspection 
during normal business hours (7:45 a.m. to 4:15 p.m., MDT) at the above 
address.

FOR FURTHER INFORMATION CONTACT: John Bristol, Outdoor Recreation 
Planner, BLM, Albuquerque District Office, 435 Montano NE, Albuquerque, 
New Mexico 87107, Telephone: (505) 761-8755.

SUPPLEMENTARY INFORMATION: The New Mexico State Director is 
establishing these supplementary rules for the Albuquerque District.
    They are necessary to protect persons, property and public lands 
and resources currently under BLM administration, and those lands 
acquired for inclusion within the administrative jurisdiction of the 
district as provided for in 43 CFR 8365.1-6. These supplementary rules 
apply to all persons using public lands. 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 proposed supplementary rules may be permitted 
by the authorized officer, subject to the 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: July 17, 1995.
Gilbert J. Lucero,
Associate State Director, New Mexico.
[FR Doc. 95-18945 Filed 8-1-95; 8:45 am]
BILLING CODE 4310-FB-P