Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Notices 21479

Dated: May 1, 1996.

Mike Zaidlicz,

Acting District Manager.

[FR Doc. 96–11705 Filed 5–9–96; 8:45 am]

BILLING CODE 4310–JA–P

[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 clothingoptional 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 noncommercial 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.
21480 Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Notices

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 pin ̃ on

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
Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Notices 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 selfcontained 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, Can ̃on 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
21482 Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Notices

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. Can ̃ on 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 Montan ̃ o Rd. NE,

Albuquerque, New Mexico 87107–4935.

FOR FURTHER INFORMATION CONTACT: John

Bristol, Resource Program Manager,

BLM, Albuquerque District Office, 435

Montan ̃o Rd. NE, Albuquerque, New

Mexico 87107–4935, Telephone

(505)761–8755.
Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Notices 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

[CA–019–96–1220–24–1A]

Availability of Final Clear Creek

Management Area Resource

Management Plan Amendment and

Environmental Impact Statement

AGENCY: Bureau of Land Management,

Department of the Interior.

ACTION: Notice of Availability.

SUMMARY: Pursuant to 40 CFR 1501.7

and 43 CFR 1610.2(c), a final Resource

Management Plan Amendment/

Environmental Impact Statement (RMP

Amendment/EIS) has been prepared by

the Hollister Resource Area. The final

RMP Amendment/EIS describes and

analyzes alternative management

scenarios for about 50,000 acres of

public lands in the Clear Creek

Management Area. These lands are

located in south San Benito County in

central California.

Decisions relating to the management

of the Clear Creek Management Area

generated by this planning process will

supersede those currently in the

Hollister RMP. Copies of the final RMP

Amendment/EIS can be obtained or

reviewed at the Hollister Resource Area

Office, 20 Hamilton Court, Hollister, CA

95023. Since the number of copies

available is limited, the Hollister Office

has also mailed copies to 27 public

libraries in the following locations:

Antioch, Fresno, Davis, Gilroy,

Fairfield, Hanford, Hayward, Livermore,

Madera, Menlo Park, Modesto,

Monterey, Oroville, Sacramento, San

Francisco, San Jose, San Mateo, San

Rafael, Santa Clara, Santa Cruz, Seaside,

Sunnyvale, Tracy, Vallejo, Visalia and

Yuba City. Public review copies are also

available at:

(1) California State Office, 2800 Cottage

Way, Sacramento, CA 95825

(2) Bakersfield District Office, 3801

Pegasus Avenue, Bakersfield, CA

93308

Background information and maps

used in developing the final RMP

Amendment and EIS can be reviewed at

the Hollister Resource Area Office.

DATES: The public protest period will

run for 30 days after the Environmental

Protection Agency (EPA) publishes its

notice of availability of this EIS. The

publishing date will most likely be May

3, 1996. The public should confirm this

date and the end of the protest period

by reviewing the EPA Federal Register

notice. Protests must be postmarked

within 30 days after the EPA has

published its notice of availability.

Protests must minimally contain the

following information: (1) the name,

mailing address, telephone number, and

interest of the person filing the protest;

(2) a statement of the issue or issues

being protested; (3) a statement of the

part or parts being protested, citing

pages, paragraphs, maps, etc. of the

RMP Amendment where practical; (4) a

copy of all documents addressing the

issue(s) for the record; (5) a concise

statement of why you believe the BLM

State Director’s decision is incorrect.

ADDRESSES: Protests should be

addressed to: Bureau of Land

Management, Division of Planning and

Environmental Coordination, 1849 ‘‘C’’

Street NW, Washington, D.C. 20240.

SUPPLEMENTARY INFORMATION: The

following issues were analyzed and

addressed during this planning process:

Airborne asbestos emissions, public

health risks to environmental asbestos

exposure; watershed and riparian

resources, endangered and other special

status plants and animals, and

recreational use. A draft EIS was issued

in November of 1993. Six alternatives

for management were reviewed in the

draft. Alternative 4 of the Draft EIS,

which proposed limiting motorcycle use

to the Clear Creek watershed while

allowing dispersed 4-wheel drive

vehicle use in the backcountry, was the

BLM proposed alternative. The San

Benito Mountain Natural Area was to be

expanded to 4,082 acres. Camping

would have been eliminated inside the

asbestos zone, with the exception of the

staging areas. A public wash rack would

be constructed, and dust-suppression

would be implemented over about 30

miles of main routes. Approximately

fifty San Benito evening primrose

habitat areas would be protected.

Over 600 comment letters were

received from the public and affected

agencies. During review of these

comments and after reanalysis of

Alternative #4, the BLM made several

revisions which are published in the

Final EIS. Additional impact analysis

was incorporated in the biological

resource sections. Text in the watershed

and soils, human health and recreation

sections was modified, expanded and

clarified. Additional measures common

to all alternatives were drafted, covering

education, research, and adherence to

best management guidelines for projects

affecting watershed stability. Under all

alternatives, the 16 known populations

of San Benito evening primrose on

public land would be protected.

Five of the six alternatives remained

unchanged, and one was changed.

Alternative 1 remained the ‘‘No Action’’

alternative, whereby management

would remain at current levels. Fifteen

San Benito evening primrose habitat

areas would be protected. Alternative 2

(entitled ‘‘Continued Implementation of