[Federal Register Volume 63, Number 117 (Thursday, June 18, 1998)] [Notices] [Pages 33391-33393] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-15544] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Land Management [NM-070-1050-00] Cultural Resource Areas Critical Environmental Concern (ACECs) for the Farmington District, New Mexico AGENCY: Bureau of Land Management (BLM), Interior. ACTION: Notice of availability. ----------------------------------------------------------------------- SUMMARY: The BLM, Farmington District announces the availability of a Proposed Resource Management Plan (RMP) Amendment/Finding of No Significant Impact (FONSI) and supporting Environmental Assessment (EA). This document discusses the designation of 44 new ACECs, including the expansion of three existing Special Management Area and their designation as ACECs. Approximately 10,592.76 federal acres are identified for designation. In addition to designation, the plan amendment, when approved, will guide the BLM programs and management practices within the ACECs. The Proposed Plan is a modified version of the Preferred Alternative presented in the Draft. The Proposed RMP Amendment/FONSI and supporting EA is available for public review. A 30- day protest period is provided, as required, by BLM planning regulations (43 CFR 1610.5-2). DATES: Protests on the Proposed Plan must be postmarked on or before July 20, 1998. ADDRESSES: Protests must be sent to Director (WO-210), Bureau of Land Management, ATTN: Brenda Williams, 1849 C Street, NW, Washington, D.C. 20240. FOR FURTHER INFORMATION CONTACT: Lee Otteni, District Manager, BLM Farmington District at (505) 599-6300 or Peggy Gaudy, Project Leader, Farmington District at (505) 599-6337. SUPPLEMENTARY INFORMATION: ACECs are land designations unique to the BLM. The purpose of ACECs is to recognize, protect, and manage unique or sensitive resources or potential hazards to the public. Each area receives management or protection based on its unique needs, in consultation and coordination with the public. The Farmington District has completed inventories of areas containing unique or sensitive cultural resources and has designated a sample as ACECs. In addition the District has reviewed nominations both internally and from the public to consider several areas as ACECs based on cultural values. The draft document discusses two alternatives, the No Action Alternative and the Proposed Action. The BLM's preferred alternative is to implement the Proposed Action by designating and managing 44 new ACECs, including the expansion of three existing Special Management Areas and their designation as ACECs. These management prescription proposals represent the highest level of resource protection and continued public use. The proposed ACECs represent seven site types: Chacoan Outliers, Chacoan Roads, Navajo Refugee (Pueblito) Sites, Navajo Habitation Sites (Non-pueblito), Pictograph and Petroglyph Sites, Historic Sites, and Native American Traditional Use and Sacred Areas. Management prescriptions are site specific depending on both the site type and the current development in each proposed ACEC. Eight Chacoan Outliers have been identified and proposed for ACEC designation. They are: Toh-la-kai, Bee Burrow, Indian Creek, Upper Kin Klizhin, Bis sa'ani, Morris 41, Andrews Ranch and Church Rock Outlier. Management prescriptions for Chacoan Outliers vary slightly with the needs of each site, but in general they include preparation of Cultural Resource Management Plans at sites without existing plans, designation as ``closed' or ``limited'' Off-Highway Vehicle (OHV) areas, if possible acquisition of non-federal minerals, withdrawal from mineral leasing or sale, coordination with lease holders to minimize resource damage, and withdrawal from land or resource modification or sale. No new rights-of-way will be issued. The only exception is where a new right-of-way will be issued in existing disturbance at Church Rock Outlier. The BLM will coordinate with existing right-of-way and easement holders, and continue monitoring and patrol programs. Also proposed is complete Historic American Buildings Survey (HABS) documentation of sites which have not been documented, stabilize structures as needed, conduct cultural inventories, complete cadastral survey and fences as needed, nominate to the National Register of Historic Places and World Heritage List, consolidate previous research data, and designate as Class I Visual Resource Management areas. Church Rock Outlier will be proposed for inclusion as a Chaco Culture Archaeological Protection Site. Private and state lands have been identified for acquisition at Andrews Ranch if there are willing participants. Three Chacoan Roads have been identified and proposed for ACEC designation. They are: North Road, Ah-shi-sle-pah Road, and Crownpoint Steps and Herradura. Management prescriptions for Chacoan Roads vary slightly with the needs of each site, but in general they include preparation of Cultural Resource Management Plans, designation as ``closed'' or ``limited'' Off-Highway Vehicle areas, if possible acquisition of minerals which are not under federal ownership, withdrawal from oil and gas leasing or sale under 160 acres, with other ``no surface occupancy'' lease stipulation on other parcels, withdrawal from other mineral entry, withdrawal from land or resource modification or sale, coordination with existing lease holders to minimize resource damage, and acquisition of identified private lands. No new rights-of-way will be issued in the 160 acres containing Halfway House or the Crownpoint Steps and Herradura parcel, or across parallel roads and the ``Quads.'' In other areas, rights-of-way will only be authorized with intensive roads inventory. The BLM will coordinate with existing right-of-way holders. Also proposed is to conduct roads inventories, nominate to National Register of Historic Places, consolidate previous research data, and designate as Class II Visual Resource Management areas (the 40 acres containing Halfway House in Segment 6 have already been designated and will remain a Class I area). Nine Navajo Refugee (Pueblito) Sites have been identified and proposed for ACEC designation. They are: Deer House, NM 01-39344, Kachina Mask, Hummingbird, Blanco Mesa, Ye'is-in-Row, Kiva, Pretty Woman and Gomez Point. Management prescriptions for Navajo Refugee (Pueblito) Sites vary slightly with the needs of each site, but in general they include preparation of Cultural Resource Management Plans, designation as ``closed'' or ``limited'' Off-Highway Vehicle areas, no surface [[Page 33392]] occupancy oil and gas lease stipulation, withdrawal from non-oil and gas mineral leasing or sale, coordination with lease holders to minimize resource damage, and withdrawal from land or resource modification or sale. New rights-of-way will only be authorized in existing right-of-way disturbance and the BLM will coordinate with existing right-of-way and easement holders. Also proposed is complete Historic America Building Survey documentation, nominate to National Register of Historic Places, and stabilize structures as needed. The proposed ACECs will be designated as Class II Visual Resource Management areas. Two Navajo Habitation Sites (Non-pueblito) have been identified and proposed for ACEC designation. They are: Gould Pass Camp and Superior Mesa Community. Management prescriptions for the Navajo Habitation Sites (Non- pueblito) include preparation of Cultural Resource Management Plans, designation as ``closed'' OHV area at Gould Pass Camp and ``limited'' OHV area at Superior Mesa Community, no surface occupancy oil and gas lease stipulation, withdrawal from non-oil and gas mineral leasing or sale, coordination with lease holders to minimize resource damage, and withdrawal from land or resource modification or sale. Also proposed is that new rights-of-way will only be authorized in existing right-of-way disturbance, coordinate with existing right-of-way holders, and designate as Class II Visual Resource Management areas. The ACECs will be nominated to the National Register of Historic Places. Fifteen Petroglyph and Pictograph Sites have been identified and proposed for ACEC designation. They are: Pregnant Basketmaker, Encierro Canyon, NM 01-39236, Delgadita/Pueblo Canyons, Cibola Canyon, Bi Yaazh, Four Ye'i, Largo Canyon Star Ceiling, Star Spring, Blanco Star Panel, Shield Bearer, Big Star, Rabbit Tracks, Carrizo Cranes, and Martinez Canyon. Management prescriptions for Petroglyph and Pictograph Sites vary slightly with the needs of each site, but in general they include preparation of Cultural Resource Management Plans, designation as ``closed'' or ``limited'' Off-Highway Vehicle areas, no surface occupancy oil and gas lease stipulation, withdrawal from non-oil and gas mineral leasing or sale, coordination with lease holders to minimize resource damage, and withdrawal from land or resource modification or sale. State land and minerals at two sites and private surface at one site have been identified for acquisition if there are willing participants. New rights-of-way will only be authorized in existing right-of-way disturbance and the BLM will coordinate with existing right-of-way holders. Also proposed is nomination to the National Register of Historic Places, Class III cultural inventories including detail documentation of images, withdrawal of 55 acres from grazing, and designation as Class II Visual Resource Management areas. Recent land survey in the Pregnant Basketmaker proposed ACEC determined that the boundaries needed to be adjusted. The revised legal description of this 10 acre proposed ACEC is T30N R8W Section 35. E/ 2NE/4SW/4SW/4 and S/2NW/4SE/4SW/4 Six Historic Sites have been identified and are proposed for ACEC designation. They are: Dogie Canyon School, Rock House--Nestor Martin Homestead, Gonzales Canyon--Senon S. Vigil Homestead, Martin Apodaco Homestead, Margarita Martinez Homestead and Santos Peak. Management prescriptions for Historic Sites vary slightly with the needs of each site, but in general they include preparation of Cultural Resource Management Plans, designation as ``closed'' or ``limited'' Off-Highway Vehicle areas, no surface occupancy oil and gas lease stipulation, withdrawal from non-oil and gas mineral leasing or sale, coordination with lease holders to minimize resource damage, and withdrawal from land or resource modification or sale. New rights-of- way will only be authorized in existing rights-of-way disturbance and the BLM will coordinate with existing right-of-way and easement holders. Also proposed is nomination to the National Register of Historic Places, conduct stabilization of structures as needed, withdrawal of 35 acres from grazing and designation as Class II Visual Resource Management area. Private minerals have been identified for acquisition at three sites. One Native American Traditional Use and Sacred Area has been identified and is proposed for ACEC designation. It is Cho'li'i [Gobernador Knob]. Management prescriptions for the Native American Traditional Use and Sacred Area include preparation of a Cultural Resource Management Plan, designation as a ``limited'' Off-Highway Vehicle area, no surface occupancy oil and gas lease stipulation, withdrawal from non-oil and gas mineral leasing or sale, coordination with lease holders to minimize resource damage, and withdrawal from land or resource modification or sale. New rights-of-way will only be authorized in existing right-of-way disturbance and the BLM will coordinate with existing right-of-way holders. Also proposed is nomination to the National Register of Historic Places, conduct Class III cultural and ethnographic inventories, and designation as Class II Visual Resource Management area. The area will remain open for Native American religious practices. Additional data on management prescriptions for individual ACECs can be found in this RMP amendment. Any person who is on record for participating in the planning process and has an interest that may be adversely affected may be adversely affected may protest approval of the Plan Amendment. Protest should be made to the Director with the following information : (1) Name, mailing address, telephone number, and interest of the person filing the protest; (2) a statement of the concern or concerns being protested; (3) a statement of the part or parts being protested; (4) a copy of all documents addressing the concern or concerns that were submitted during the planning process by the protesting party or an indication of the date the concern or concerns were discussed for the records; and (5) a concise statement explaining why the BLM New Mexico State Director's decision is wrong. At the end of the 30-day protest period, the Proposed Plan, excluding any portions under protest, will become final. Approval will be withheld on any portion of the Plan under protest until final action has been completed on such protest. Individuals not wishing to protest the Plan, but wanting to comment, may send comments to the BLM, Farmington District Office, 1235 La Plata Highway, Farmington, New Mexico 87401. All comments received will be considered in preparation of the Decision Record. Comments, including names and street addresses of respondents, will be available for public review at the BLM Farmington District Office, 1235 La Plata Highway, Farmington, New Mexico, during regular business hours (7:45 a.m. to 4:30 p.m.) Monday through Friday, except holidays, and may be published as part of the RMP Amendment/EA. Individuals respondents may request confidentiality. If you wish to withhold your name or street address from public review or from disclosure under the Freedom of Information Act, you must state this prominently at the beginning of your written comment. Such requests will be honored to the extent allowed by law. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of [[Page 33393]] organizations or businesses, will be made available for public inspection in their entirety. Public participation has occurred throughout the RMP Amendment process. A Notice of Intent was filed in the Federal Register (Vol. 61, No. 39 Pages 7273-7274) on February 27, 1996. An article was published in the Farmington Daily Times on March 6, 1996, notifying the public that the BLM was requesting public input on proposed ACECs. A notice of a 60-day comment period on the designation of the ACECs and a Notice of Availability of the draft RMP Amendment/preliminary FONSI and supporting EA was published in the Federal Register (Vol. 62, No. 247, pages 67402-67405) on December 24, 1997. Affected individuals and companies along with those known to have concern with cultural resources or the planning process on public lands in northwest New Mexico were notified of the availability of the draft RMP Amendment/ preliminary FONSI and supporting EA by mail. Several public meetings and briefing were conducted during the comment period to solicit comments and ideas, or to familiarize various groups with the proposal and the BLM planning process. Comments received during the 60-day comment period were considered in preparation of the Proposed RMP Amendment and supporting EA. Single copies of the proposed RMP Amendment/FONSI and supporting EA for the Cultural Resource ACECs may be obtained from the BLM Farmington District Office, 1235 La Plata Highway, Farmington, NM 87401. A public reading copy is available for review at the BLM New Mexico State Office, 1474 Rodeo Road, Santa Fe, New Mexico. Dated: June 8, 1998. Lee Otteni, District Manager, Farmington. [FR Doc. 98-15544 Filed 6-17-98; 8:45 am] BILLING CODE 4310-FB-P