Federal Register / Vol. 60, No. 90 / Wednesday, May 10, 1995 / Notices 24875

[NM–060–1212–00, 606]

Notice of Intent To Prepare Ft. Stanton

Management Framework Plan

Amendment (MFPA); Roswell District,

NM

AGENCY: Bureau of Land Management

(BLM), Roswell District, New Mexico.

ACTION: Notice of intent and invitation

to participate in a plan amendment/

environmental assessment to address

the impacts of a competitive bid

vegetative sale of forage resources by

livestock grazing at Ft. Stanton, New

Mexico.

SUMMARY: The BLM will prepare a

Management Framework Plan

Amendment/Environmental Assessment

for the purpose of addressing the

impacts of a vegetative sale using

livestock grazing on approximately

20,932 acres on Ft. Stanton. Ft. Stanton

is located six miles west of the village

of Lincoln in Lincoln County, NM.

DATES: Written comments regarding the

planning issues to be addressed in this

plan amendment and the planning

criteria to be used must be submitted on

or before June 12, 1995. Written

comments will be employed to obtain

public input into the planning process.

This method will be to receive public

comments from the public in response

to this Notice of Intent.

ADDRESSES: Comments should be sent to

the District Manager, at the Bureau of

Land Management, Roswell District

Office, 1717 West 2nd Street, Roswell,

NM 88201–2019, or the Area Manager,

at the Roswell Resource Area Office,

Federal Building, 5th and Richardson,

P.O. Drawer 1857, Roswell, NM 88202–

1857.

FOR FURTHER INFORMATION CONTACT:

Timothy R. Kreager, Area Manager,

Roswell Resource Area, P.O. Drawer

1857, Roswell, NM 88202–1857;

telephone (505) 624–1790.

SUPPLEMENTARY INFORMATION:

Description of the Proposed Planning

Action: The proposed action is to

amend the Ft. Stanton MFPA for the

purpose of allowing a vegetative sale for

livestock grazing of the forage resources

through a competitive bid process by

private interest on the public lands

within the Ft. Stanton.

Types of Issues Anticipated

1. Allocation of the grazing privileges

under Section 15 of the Taylor Grazing

Act.

2. Impacts of livestock grazing to

riparian areas and to threatened and

endangered species.

Planning Criteria to Guide Development

of the Planning Action

The following planning criteria were

identified to help guide the resolution of

the issues.

1. The proposed action must comply

with laws, executive orders and

regulations.

2. Evaluate and consider long term

benefits to the public in relation to short

term benefits.

3. In each planned action, resource

outputs must be reasonable and

achievable.

4. Planned actions will sustain the

productivity and diversity of natural

systems.

5. The BLM will use an

interdisciplinary approach to land

management.

6. Planned actions will contribute to

or sustain the health of the land.

Monitoring will be used to assess the

effect of the management actions.

As new information becomes

available during the planning process or

through public participation, additional

criteria may be developed for future

guidance of this planning effort.

Disciplines to be Represented on the

Interdisciplinary Team: The planning

amendment/environmental assessment

will be prepared by an interdisciplinary

team consisting of a wildlife biologist,

rangeland management specialist,

recreational planner, surface protection

specialist, and an environmental

coordinator.

Kind and Extent of Public Participation

Activities to be Provided

A press release will be sent to the

local newspapers informing the public

in the area of the proposed planning

action.

Location and Availability of Documents

Relevant to the Planning Process

Pertinent information is available at

the BLM Roswell Resource Area Office

in the Federal Building at 5th and

Richardson, Roswell, NM 88202 and is

subject to public review on weekdays

from 7:45 a.m. to 4:30 p.m.

Dated: May 4, 1995.

Michael L. Menge,

Acting District Manager.

[FR Doc. 95–11476 Filed 5–9–95; 8:45 am]

BILLING CODE 4310–FB–M

[NM–931–05–1210–00–P (605)]

Establishment of Visitor Restrictions

for Designated Recreation Sites,

Special Recreation Management Areas,

and Other Public Land in the Roswell

District, New Mexico

AGENCY: Bureau of Land Management

(BLM), Interior.

ACTION: Notices of Establishment of

Visitor Restrictions for Designated

Recreation Sites, Special Recreation

Management Areas and Other Public

Lands in the Roswell District, New

Mexico.

SUMMARY: The Roswell District, Bureau

of Land Management (BLM), hereby

establishes visitor restrictions for use of

those public lands within the Roswell

District, New Mexico. These visitor

restrictions are necessary for the

management of actions, activities and

use of public lands, including those

which are acquired or conveyed to the

BLM.

EFFECTIVE DATE: May 10, 1995.

ADDRESSES: Any suggestions or

inquiries should be addressed to the

District Manager, Roswell District

Office, 1717 West 2nd, Roswell, New

Mexico 88201, Telephone: (505) 627–

0272, during normal business hours

(7:45 a.m. to 4:30 p.m., MST) at the

above address.

FOR FURTHER INFORMATION CONTACT:

Paul Happel, Natural Resource

Specialist, BLM, Roswell District Office,

1717 West 2nd Rosewell, New Mexico

88201, Telephone: (505) 627–0203.

SPECIFIC COMMENTS: A proposed

‘‘establishment of visitor restrictions for

designated recreation sites, special

recreation management areas, and other

public lands in the Roswell District,

New Mexico’’ was published in the

Federal Register on January 24, 1995,

(60 FR No. 15) and provided for a 30-

day public comment period that ended

February 23, 1995. One letter was

received from Gun Owners of America,

which contained numerous specific

comments. One of the comments urged

the BLM to extend the public comment

period to 60 days. The BLM Roswell

District believes that a 30-day public

comment period was adequate for this

notice. Another comment stated that the

rule as it is related to firearms is vague

and will infringe upon Second

Amendment rights of law abiding

citizens. The BLM Roswell District

believes the notice adequately describes

firearms under the definition of a

weapon. Another comment stated the

rule would unduly interfere with the

right of self defense. The BLM Roswell

District believes that under state law,
24876 Federal Register / Vol. 60, No. 90 / Wednesday, May 10, 1995 / Notices

self defense of one’s life would not

preclude a person from protecting

themselves. Another comment stated

the rule would require someone to get

a written permit (in advance) in order to

discharge a firearm within 1⁄2 mile of a

developed recreation site. Based on this

comment, the BLM Roswell District has

changed the wording on the visitor

restriction of discharge of firearms from

1⁄2 mile to 150 yards. This change

corresponds with State law and other

Federal agencies proving for public

safety. Another comment stated the

regulation does not contain a clear

definition of what a developed

recreation site and area is. The BLM

Roswell District believes that a

‘‘developed recreation site and area’’ has

been adequately described in the

Definitions and in the proposed Federal

Register notice. The definition is also

described in the Code of Federal

Regulations 43 CFR 8360.0–5 (C).

Another comment recommended that

the regulation be redrafted and

tightened to focus on conduct which

poses a danger. It goes on to state that

the rule would restrict the discharge of

firearms in recreation areas. The BLM

under Rules of Conduct of Federal

Regulations 43 CFR 8365.2–5 (A)., states

on developed recreation sites and areas,

unless otherwise authorized, ‘‘No

person shall: (a) Discharge or use

firearms, other weapons or fireworks’’.

Another comment objected to the

breadth of the conditions under which

use of a firearm is banned, such as long

guns being broken down or other-wise

rendered inoperable and should be

stored out-of-site. The BLM Roswell

District has shortened the wording to

read: ‘‘Using weapons in violation of

State laws within developed campsites

or picnic areas’’. Another comment

stated that the commentator is

concerned that if an individual uses a

firearm while being attacked they would

be arrested. The BLM Roswell District

believes that self protection of one’s life

is established by State laws and that this

restriction would not preclude a person

from protecting his/her life.

SUMMARY: The proposed restrictions are

necessary for the management of

actions, activities, and use on public

lands, including those which are

acquired or conveyed to the BLM. The

making of Rules of Conduct 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 lands,

the user is required to follow certain

restrictions designed to protect the

lands 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 on

January 22, 1991, (Vol. 56, No. 14), and

correction to Supplementary Rules No.

2., dated February 1, 1991, Vol. 56, No.

28, establishing Supplementary Rules

for Designated Recreation Sites; Special

Recreation Management Areas and

Other Public Lands in New Mexico.

More specifically, the purpose falls into

the following categories:

• Implementation of Management

Plans—Certain prohibited activities

have been recommended as Restrictions

for designated recreation sites and

Special Recreation Management Areas

(SRMA’s). In order to implement these

recommendations, they must be

published as specific prohibited acts in

the Federal Register. Use of Rules of

Conduct Section of 43 CFR, Subpart

8365, is the most appropriate way of

implementation. Rationale for these

recommendations is presented in its

entirety in the Carlsbad Resource

Management Plan, the Roswell

Management Framework Plan or

Recreation Management Plan for the

specific areas.

• Mitigation of User Conflict—Certain

other visitor restrictions 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-comefirst-served basis. This will prevent

people from monopolizing the use of

limited developed camping space.

Prohibition of motorized vehicle freeplay (operation of any 2-, 3-, or 4-wheel

motor vehicle for purposes other than

accessing a campsite) is recommended

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. Toilet

structures may be permitted by the

authorized officer on a case-by-case

basis and only when appropriate State

and local permits have been obtained. It

should be noted that shooting

restrictions recommended do not

prohibit legitimate hunting activities

except within 150 yards 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

restrictions, such as parking or camping

near water sources, are recommended to

compliment those of State and local

agencies. Because these restrictions

provide for the protection of persons

and resources in the interest and spirit

of cooperation with the responsible

agencies, these restrictions are deemed

necessary.

DEFINITIONS: As used in these visitor

restrictions, the term:

—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 resources and the

safety of users to a distinctly defined

site in which developed facilities that

meet the Land and Water

Conservation Funds Act of 1965 (as

amended) criteria for a fee collection

site are provided for concentrated

public recreation use.

—Public lands means any lands, interest

in lands, 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 lands 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.
Federal Register / Vol. 60, No. 90 / Wednesday, May 10, 1995 / Notices 24877

—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, irritant gas

device, 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; 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

defined in 36 CFR 60.4, without

regard to whether the site has been

nominated or accepted.

Vistor Restrictions—ALL PUBLIC

LANDS: In addition to regulations

contained in 43 CFR 8365.1, the

following visitor restrictions apply to all

public lands, including those lands

acquired or conveyed to the BLM, and

related waters. The following are

prohibited unless authorized by written

permit:

Sanitation

• To construct or maintain any pit

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

restroom water faucet unless such water

source is designated for that purpose.

Occupany and Use

• To camp or occupy any site on

public lands or any approved location,

including those in developed recreation

areas and sites or SRMA’s, 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. 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 camping

within 300 yards of any spring, manmade water hole, water well, or

watering tank used by wildlife or

domestic stock.

• To dispose of any burning or

smoldering material except as sites or

facilities provided for that purpose.

• Unauthorized cutting, removing, or

transporting woody materials including,

but not limited to:

1. Any type of 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, but not

limited to, rock, sand, gravel, and

minerals on or from public lands

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.

• Collection or removal of any natural

resource, including wood for campfires,

where such restrictions are posted.

• 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 or 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.

• Ignite or burn any material

containing or producing toxic or

hazardous material.

• Carrying of concealed weapons.

State and Local Laws

• Failure to comply with all

applicable State of New Mexico

regulations for boating safety,

equipment, and registration.

Visitor Restrictions—DEVELOPED

RECREATION SITES/AREAS AND

SPECIAL RECREATION

MANAGEMENT AREAS: In addition to

the regulations contained in 43 CFR

8356.1, 8365.2 and those listed above,

the following visitor restrictions will be

applied in accordance with 43 CFR

8365.2: The following activities are

prohibited unless authorized by written

permit:

• 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 campsite

and picnic areas. Pets are prohibited

from entering caves all designated

nature or interpretive trails where
24878 Federal Register / Vol. 60, No. 90 / Wednesday, May 10, 1995 / Notices

posted. Animals trained to assist

handicapped persons are exempt from

this rule.

• Reserving camping space, except at

group facilities. Camping 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.

• More than two motorized vehicles

and/or 10 individuals at any one

approved site not designated for group

use or parking area. Groups exceeding

these limits must use a group site or

additional designated sites.

• Vehicles off of 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 in 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

150 yards of developed recreation sites

and areas.

• Using weapons in violation of State

law 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.

• Gathering or collecting woody

plants or any other natural resource,

minerals, cultural, or historical artifacts

that require permits.

• Cutting or gathering of green trees

or their parts or removal of down or

standing dead wood for any purpose.

• Not adhering to fire danger ratings

issued by government.

• Entering the following caves from

October 15 to March 31 of each year:

Fort Stanton, Torgac, Torgac Annex,

Crockett, Crystal, Big-Eared Cave, Bat

Hole, Malpais Madness, Tres Ninoc and

Feather. Only personnel engaged in

authorized scientific bat studies, census,

monitoring, and emergencies will be

allowed to enter caves during this time,

due to bat hibernation.

• Entering a cave without each person

wearing a safety helmet (hard hat) with

chin strap and at least three sources of

light.

• Annoying or disturbing bats at any

time.

List of Developed Recreation Sites/

Areas and Special Recreation

Management Areas:

1. Valley of Fires Recreation Area (Roswell

Resource Area)

T. 7 S., R. 10 E.,

sec. 29, 30.

2. Fort Stanton (Roswell Resource Area)

T. 9, 10 S., 14, 15 E.

3. Mescalero Sands North Dune SMRA

(Roswell Resource Area)

T. 10 S., R 30 E.,

sec. 34, 35.

4. Cave SRMA’s—McKittrick Hill, Lost,

Fence Canyon, Manhold, Yellowjacket/

Lair, Chosa Draw, Mudgetts, Honest

Injun, KFF Caverns, Fort Stanton Cave,

Torgac Cave, and Crockett’s Cave

5. Dark Canyon SRMA (Carlsbad Resource

Area)

T. 24 S., R. 23, 24 E.

6. Lonesome Ridge SRMA (Carlsbad Resource

Area)

T. 26 S., R. 22 E.,

sec. 19–21, 29–31.

7. Pecos River Canyon Complex (Carlsbad

Resource Area)

T. 24, 25 S., R. 29, 30 E.

8. Guadalupe Escarpment Scenic Area

(Carlsbad Resource Area)

T. 23–26 S., R. 22–26 E.

9. Alkali Lake Off-road Vehicle Area

(Carlsbad Resource Area)

T. 21 S., R. 27 E.,

sec. 4, 5, 9.

10. Hackberry Lake Off-road Vehicle Area

(Carlsbad Resource Area)

T. 18–20 S., R. 30, 31 E.11. Pecos River

Corridor (Carlsbad Resource Area)

T. 22 S., R. 27 E., river section to

T. 26 S., R. 29 E.

12. Chosa Draw SRMA (Carlsbad Resource

Area)

T. 25 S., R. 25 E.,

sec. 20–22, 27–29, 33.

13. Overflow Wetlands (Roswell Resource

Area)

T. 11, 12 S., R. 25, 26 E.

SUPPLEMENTARY INFORMATION: The

Roswell District Manager is establishing

these visitor restrictions, which are

necessary for the protection of persons,

property, and public lands and

resources currently under the Bureau’s

administration within the Roswell

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 Visitor Restrictions apply to all

persons using public lands. Violations

of these restrictions are punishable by a

fine not to exceed $1,000 and/or

imprisonment not to exceed 12 months.

Exceptions to the following 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 4, 1995.

Michael L. Menge,

Acting District Manager.

[FR Doc. 95–11475 Filed 5–9–95; 8:45 am]

BILLING CODE 4310–FB–M]

[ID–942–7130–00–7693]

Idaho: Filing of Plats of Survey; Idaho

The plat of the following described

land was officially filed in the Idaho

State Office, Bureau of Land

Management, Boise, Idaho, effective

9:00 a.m., May 1, 1995.

The plat representing the dependent

resurvey of a portion of the subdivision

of section 23 and the survey lot 2, T. 5

S., R. 34 E., Boise Meridian, Idaho,

Group No. 922, was accepted, May 1,

1995.

This survey was executed to meet

certain administrative needs of the

Bureau of Indian Affairs, Fort Hall

Agency to identify certain Indian

Allotment boundaries and to support its

land sale program.

All inquiries concerning the survey of

the above described land must be sent

to Chief, Branch of Cadastral Survey,

Idaho State Office, Bureau of Land

Management, 3380 Americana Terrace,

Boise, Idaho 83706.

Dated: May 1, 1995.

Duane E. Olsen,

Chief Cadastral Surveyor for Idaho.

[FR Doc. 95–11454 Filed 5–9–95; 8:45 am]

BILLING CODE 4310–GG–M

National Park Service

National Register of Historic Places;

Notification of Pending Nominations

Nominations for the following

properties being considered for listing

in the National Register were received

by the National Park Service before

April 29, 1995. Pursuant to § 60.13 of 36

CFR Part 60 written comments

concerning the significance of these

properties under the National Register

criteria for evaluation may be forwarded

to the National Register, National Park

Service, P.O. Box 37127, Washington,

DC 20013–7127. Written comments

should be submitted by May 25, 1995.

Jan Townsend,

Acting Chief of Registration, National

Register.

ARKANSAS

Baxter County