[Federal Register Volume 61, Number 92 (Friday, May 10, 1996)]
[Notices]
[Pages 21479-21483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10984]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
