[Federal Register Volume 60, Number 109 (Wednesday, June 7, 1995)]
[Notices]
[Pages 30093-30095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13949]
[[Page 30093]]
DEPARTMENT OF THE INTERIOR
[NM-030-1220-00]
Establishment of Visitor Restrictions for Designated Sites,
Special Recreation Management Areas, and Other Public Land in the Las
Cruces District, New Mexico
AGENCY: Bureau of Land Management (BLM), Interior.
ACTION: Proposed Visitor Restrictions; Request for Comment.
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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]
BILLING CODE 4310-FB-M
