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

DEPARTMENT OF THE INTERIOR

[NM-010-06-1220-00/G010-G6-0202]

Establishment of Supplementary Rules for Designated Recreation

Sites, Special Recreation Management Areas, and Other Public Lands in

the Albuquerque District, NM

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

ACTION: Final Supplementary Rules.

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SUMMARY: Supplementary rulemaking is provided for under Title 43 CFR,

Subpart 8365. These rules are needed for managing actions, activities,

and use on public lands, including those lands that have been acquired

by or conveyed to the BLM. These rules 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

by federal law or regulations, state and local laws and ordinances

apply and will be enforced by the appropriate state and local

authorities.

This notice supersedes previous notices published in the Federal

Register (August 17, 1989, Vol. 54, No. 158; and correction to

Supplementary Rules No. 2, February 1, 1991, Vol. 56, No. 28) that

established supplementary rules for designated recreation sites,

special recreation management areas and other public lands in the

Albuquerque District, New Mexico.

Proposed supplementary rules to 43 CFR Subparts 8365.1 and 8365.2

for the BLM, Albuquerque District, were published in the Federal

Register on August 2, 1995 (Vol. 60, No. 148, pp. 39413-39416), for

public comment and review. For a period of 30 days, the public was

invited to submit comments on the proposed supplementary rules. Six

sets of comments were submitted. Comments were received from four

individuals, the Adobe Whitewater Club, and the Open Space Committee

for the Village of Placitas. In addition to these respondents,

individuals within the agency also commented. Comments ranged from

general support of the rules in terms of managing public safety and

resource protection, to the disagreement with specific rules. Two

comments were on issues beyond the scope of the proposed rules; they

refer to activities on nonfederal lands over which the BLM has no

jurisdiction. All relevant comments received before this publication

have been given special consideration during preparation of these final

rules.

A summary follows of the comments received and the BLM's responses

to those comments that are relevant to the activities covered by the

proposed rules.

One respondent urged the BLM not to ban public nudity, but to allow

clothing-optional use. The rule stands as written. In the areas closed

to public nudity, visitor use is concentrated because of available

recreation opportunities and facilities. Nudity at such locations

creates controversy and conflicts among users. In the interest of

maintaining order, the banning of nudity at the identified locations

will remain. In other areas, nudity is allowed as long as individuals

exercise discretion in this activity.

One family submitted a comment offering general support for the

rules in terms of public safety and resource protection. However, they

wish to see signs about dangerous conditions posted to warn visitors.

They do not want other families to have the same heartbreaking

experience of losing a family member that they did. Signing and other

actions that will be taken to implement these rules are administrative

functions separate from these rules. This comment has been accepted for

administrative action, but it is not something that can be acted on

under this regulatory authority.

This comment also encouraged the BLM to take another look at the

rules that provide for cooperation with other state and federal

agencies in protecting persons and resources. In the process of

reviewing this comment, the BLM has added another rule to address

violations of state resource laws [refer below to the fourth rule under

the Property and Resources section that supplements CFR 43 8365.1].

This rule enhances interagency cooperation and eliminates the often-

lengthy detention of a violator while awaiting arrival of a state

officer.

One commentor wants canoes and kayaks exempt from carrying patching

and repair equipment and a spare paddle because some of these craft are

decked, making it difficult to carry such items. This suggestion has

been considered in this final rulemaking for the river segment between

Taos Junction and the Taos County Line. Roads parallel this segment and

provide a way for boaters to quit and leave the river in case of

equipment malfunction or hypothermia, for example. The final rules have

been amended to allow the Authorized Officer to stipulate the

appropriate equipment as a condition of issuing a recreation use permit

for a particular river segment.

Two commentors feel the proposed rules are imposing a

discriminatory limitation by restricting their non-commercial boating

access to and from the river to only designated sites, while not

restricting other river recreation users to such sites. The commentors

feel this access limitation could create an unnecessary safety risk to

those individuals who have equipment malfunctions or insufficient

skills to boat from one designated site to the next during periods of

high water. The commentors were also concerned that designated access

points would hinder ``location boaters,'' i.e., those who wish to

practice on one feature of the river, rather than run an entire

segment. However, the BLM does not prohibit boating visitors from

exiting the river for safety or emergency reasons such as equipment

malfunction or the onset of hypothermia.

The Area Manager retains the right to regulate public use and

access where necessary to protect and enhance the resource values of

the river shoreline. Such access limitations may also be modified from

time to time as a result of changing resource conditions. Designated

access locations and limitations are developed with public input,

except when closures or limitations must be put in place because use is

causing or will cause considerable adverse effects on resources. This

comment, which included a list of desirable access sites, has been

forwarded to the Area Manager in the Taos Resource Area for

consideration in resource management planning efforts involving use of

rivers in the Resource Area.

The rule as written has been determined to be excessively

restrictive and has been amended. At this time because of problems with

congestion from vehicles and user conflicts, the limitation of boat

launching and takeout to designated sites will only apply to the Orilla

Verde Recreation Area in the segment of the Rio Grande between Taos

Junction and the Taos County Line. The requirement for non-commercial

boaters to register for each day or multi-day trip has also been

dropped.

A commentor also urges the BLM to restrict the area around Manby

Hot Springs to day use. This person, who owns property just above Manby

Hot Springs, has been experiencing trespass by overnight campers. The

rule prohibiting overnight camping at Manby Hot Springs will not

change. Trespassing on private lands is a matter beyond the BLM's

jurisdiction; complaints of such activities must be handled by local

law enforcement agencies.

[[Page 21480]]

The Open Space Committee of Placitas identified lands they wish to

have closed to target practice and the discharge of firearms. (Some of

those identified lands are not under the jurisdiction of the BLM, so

the agency cannot impose its supplementary rules on them.) On those

public lands identified by the committee, the proposed prohibition on

the discharge of firearms (within 150 yards of dwellings, buildings and

occupied areas, or in a manner that exposes a person to injury) remains

in the final rules for public health and safety reasons. The specific

concern of the committee is being addressed under a separate closure

authority in another subpart of the Code of Federal Regulations.

Review of the restriction on the discharge of firearms has resulted

in the amendment of the sixth prohibition, rule 2 in the Public Health

and Safety section of 8365.1. The phrase ``in any manner or place'' was

stricken from the rules and replaced with ``recklessly and

carelessly.'' As the proposed rule was written, it would have made

criminal any person who unknowingly caused damage or injury even if s/

he took all reasonable precautions.

Another comment brought to our attention was that the original rule

did not address the parking of motorcycles at any approved location

within a developed recreation site or area. The third rule under the

Occupancy and Use section of 8365.2 has been amended to allow for up to

five motorcycles to park at any one approved site. Also, the BLM's

patrol of the Tent Rocks has brought to our attention the need to apply

an additional rule for resource protection. Campfires within this area

have created unacceptable resource conditions, so a rule has now been

added to prohibit such use.

In consideration of the comments received, the supplementary rules

for the Albuquerque District read as follows.

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 discussed 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 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 are: for pinon nuts, 25 pounds per year; for

seeds, 1 cubic foot per year per species; for other edible plants or

plant parts, only the amount that can be personally consumed on site;

for woody material, only enough to burn in authorized campfires; for

plant materials (or plant parts), 1 cubic foot per species per year;

and for specimens and samples of rocks and minerals, 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

spaceheating 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 is 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-chuck, club, billy-club, or 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 by 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

[[Page 21481]]

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.

Park or leave a vehicle, or camp at trailheads in

violation of posted instructions.

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:

1. In or within 150 yards of a residence, building, campsite,

developed recreation site, 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 recklessly or carelessly; 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.

Failure to comply with all applicable State of New Mexico

regulations for boating safety, equipment, and registration.

Entering a cave without each person wearing a safety

helmet (hard hat) with chin strap and carrying at least three sources

of light.

Possess glass containers where prohibited.

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.

Violate any state laws or regulations concerning

conservation or protection of natural resources or the environment,

including but not limited to those resources relating to air and water

quality, and the protection of fish, wildlife and plants.

Supplementary Rules--Developed Recreation Sites/Areas, Special

Recreation Management Areas

In addition to the regulations contained in 43 CFR 8356.1, 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 two 4-wheeled motorized vehicles or five 2-

or 3- wheeled motorized vehicles and/or cause an approved site to be

used 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 pm and 6 am, the Black Rock

Spring, County Line, John Dunn Bridge, Lover's Lane, Manby Hot Springs,

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 noncommercial floatboating without, at a

minimum, the following items for each person, boat or group:

1. 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;

2. A first aid kit for each group; and

3. Other items that are required to secure a permit for use of a

river

[[Page 21482]]

segment (including but not limited to fire pans, patching and repair

equipment, bailing buckets, extra oars or paddles, air pumps, throw

ropes and human waste containers).

Build, tend, or use a campfire except in a stove, grill,

fireplace or ring provided for such purpose in developed recreations

areas or sites.

Build, tend, or use a campfire in the Tent Rocks

Recreation Area.

Ride a horse or bicycle in areas or on trails posted as

closed to such use.

Launch or take out boats, except for emergencies, at any

site in the Orilla Verde Recreation Area not designated for such use.

Vehicles

Use a motorized craft, including inboard or outboard

motors, jet skis, personal watercraft 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 Trails

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 Formation'' 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 pm to 6 am,

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.

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 or trap

within a developed recreation area, or within \1/2\ mile 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. 27-34

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

3. 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

a. 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 Hot Springs 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: The rules are effective on May 10, 1996.

ADDRESSES: Any inquires or suggestions should be addressed to District

Manager, BLM, Albuquerque District Office, 435 Montano Rd. NE,

Albuquerque, New Mexico 87107-4935.

FOR FURTHER INFORMATION CONTACT: John Bristol, Resource Program

Manager, BLM, Albuquerque District Office, 435 Montano Rd. NE,

Albuquerque, New Mexico 87107-4935, Telephone (505)761-8755.

[[Page 21483]]

SUPPLEMENTARY INFORMATION: The New Mexico State Director is

establishing these supplementary rules for the Albuquerque District,

which are needed to protect persons, property and public lands and

resources currently under the BLM's administration. These rules also

apply to 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 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 supplementary rules may be allowed by the

Authorized Officer under the limits and restrictions of applicable

federal and state laws. People granted use exemptions must possess

written authorization from the BLM office that has jurisdiction over

the area. Users must further comply with the zoning and permitting

rules or regulatory requirements of other agencies, where these apply.

So the BLM Albuquerque District can implement these final rules

before the beginning of the 1996 summer use season, which starts on

Memorial Day weekend, they must be effective on the date of

publication. In accordance with the Administrative Procedure Act (5

U.S.C. 531 et seq.), the BLM has determined that delaying

implementation of these rules for 30 days could impair the protection

of persons, property and public lands and resources under the agency's

administration. The 30-day delay would be contrary to the public

interest and the intended purpose of the rules. The BLM has given

interested parties an opportunity to participate in the rulemaking, and

has considered public comments in preparing the final rules. Therefore,

under the ``good cause'' exception of the Administrative Procedure Act

(5 U.S.C. 553(d)(3)) and as discussed above, the BLM has determined

that these final rules are excepted from the 30-day delay of their

effective date, and are effective on May 10, 1996.

Dated: April 24, 1996.

Lynn Engdahl,

Acting State Director, New Mexico.

[FR Doc. 96-10984 Filed 5-9-96; 8:45 am]

BILLING CODE 4210-29-P