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

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]

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