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

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]

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