Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary Authority
In accordance with regulations and the delegated authority provided in Title 36, Code of Federal Regulations (36 CFR), Chapter 1, Parts 1-7, authorized by Title 16 United States Code, Section 3, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of El Malpais National Monument. Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1, Parts 1-7.
Written determinations, which explain the reasoning behind the Superintendent’s use of discretionary authority, as required by Section 1.5(c), appear in this document as italicized print.
Approved by: Kelly Fuhrmann, Superintendent
Date 09/03/2021
I. 36 CFR §1.5 – VISITING HOURS, PUBLIC USE LIMITS, CLOSURES, AND AREA DESIGNATIONS FOR SPECIFIC USE OR ACTIVITIES
(a)(1) The following visiting hours and public use limits are established for all or for the listed portions of the Monument, and the following closures are established for all or a portion of the Monument to all public use or to a certain use or activity:
Visiting Hours
El Malpais Visitor Center: Visiting hours for public use of the El Malpais Visitor Center is usually between 0900-1700 hours (9:00am to 5:00pm). Specific hours for a season or day will be posted on the El Malpais Visitor Center’s entrance gate and will be confirmed by the open or closed and locked gate at the entrance from Santa Fe Ave. The closure will also be posted on the El Malpais National Monument (NM) website. A permit from the Superintendent may authorize other public uses of this facility and area. This area will be closed on Thanksgiving Day, December 25, and January 1.
El Malpais Emergency Operations Center/Ranger Station Complex: Visiting hours for public use of the Complex is usually from 0830-1630 hours (8:30am to 4:30pm) unless posted otherwise. The Complex could be closed to visitation due to officially designated use such as emergency services activity like a wildland fire event, a search and rescue event, etc… The closure of this Complex will be posted on the entrance gate and El Malpais NM website. A permit from the Superintendent may authorize other public uses of this area. This area will be closed on Thanksgiving Day, December 25, and January 1.
Parking Areas: Visiting hours for the following parking areas is from sunrise to sunset, unless otherwise authorized by a NPS program or a permit from the Superintendent.
Sandstone Bluffs
Determination: Visiting hours assists with the protection of the governmental buildings while closed. Visitors are encouraged to visit during business hours to be informed of the significance of the Monument, the sensitivity of natural and cultural resources, and applicable resource-related regulations. Creating an emergency complex where the NPS can handle emergency situations will allow for a more efficient and speedier conclusion to the emergency. The parking areas will be closed due to the increased illegal activity at those locations.
Public Use Limits
Caves (Lava Tubes): Entry into all caves is prohibited without a permit from the Superintendent. A free permit is available during the open hours at the following National Park Service locations: El Malpais NM Visitor Center and the El Morro NM Visitor Center. There is no permit needed for the lava bridge that is directly in front of the main entrance to Junction Cave. Some caves are open seasonally so check at the visitor centers and the El Malpais NM website for a list of available open caves.
Determination: The Federal Cave Resources Protection Act of 1988 requires that caves in land managed by the Department of the Interior shall be periodically reviewed for inclusion on the list of significant caves. The National Park Service has determined that all caves within the jurisdictional boundaries are significant caves. Entry into all caves is regulated by a permit system. Caves in the Monument are in the process of being surveyed to determine what resources they contain, how delicate those resources may be, and/or if the cave is safe for public use. These surveys will help to determine the extent of the permit system.
Additionally, flames and other heat producing devices in caves are destructive to fragile biological and geological resources, therefore, items such as gas lanterns, candles, torches, and all similar products and devices are prohibited. Only battery powered light sources 50,000 Candlepower or less or other fully enclosed and sealed light producing items such as glow-sticks are authorized for use in caves.
Closures
Northwest Tracts: This area will remain closed to public use and access until the government is able to clean and mitigate the safety issues in the area.
Determination: The portion of the Monument, which comprise the “Northwest Tracts,” are tracts of once private property, which the government has acquired, and include physical improvements to the land. Physical improvements range from residences, barns, storage sheds, wells, etc. These improvements are unsafe for public access as they are rodent infested, of sub-standard construction, and often contain hazardous materials. Therefore, they are all slated for demolition.
Picnicking: The following areas are closed to picnicking:
all caves (lava tubes)
all archeological sites or structures
all historical sites and structures
Determination: Trash receptacles are not provided at the above listed locations. Food and other trash not properly disposed of will mar the landscape, change the natural environs, and may encourage nuisance or possibly hazardous wildlife behavior.
Operation of Vehicles: Vehicle traffic is restricted to open maintained and designated Monument roads. Gated access points to roads are closed and are for administrative use only.
Determination: Operation of vehicles off maintained and designated Monument roads destroys delicate natural and cultural resources such as biological soil crusts and archaeological sites.
Rock Climbing and Bouldering: Rock climbing and bouldering is prohibited anywhere within the Monument, including caves and lava tubes, unless otherwise authorized by a permit from the Superintendent.
Determination: The Monument recognizes many areas where climbing could occur which have significant cultural value to neighboring Native American tribes. Climbing activities may conflict with cultural activities and sacred sites which the Monument was, in part, established to protect. The cliff areas are composed primarily of sandstone, which by its nature is extremely fragile, brittle, highly fractured, and is not considered compatible with public climbing activities. Climbing and or bouldering activities would place those involved (as well as those using the trails directly below the cliff faces) at high risk of personal injury or death since vertical surfaces of sandstone could fail under the weight of a climber. Climbing and or bouldering will also damage the rock surfaces and potentially threaten the irreplaceable cultural resources.
Segway or Similar Device Use: The use of Segway or similar personal transportation devices by mobility impaired persons will be permitted under the following conditions:
The operation of the Segway will be limited to the following locations:
The interior spaces of El Malpais National Monument headquarters and visitor centers normally accessible to the public
El Malpais National Monument Visitor Center restroom facilities
The Zuni-Acoma Trailhead parking area and paved surface trail up to the interpretive display board
The El Calderon parking lot and trail to Junction Cave
The Sandstone Bluffs interpretive paved walkway to the interpretive display board
The operator of the Segway will:
Provide authenticated documentation to staff upon initial entry at the visitor center, such as, a note from physician, handicap vehicle registration, or National Park Service Golden Access Card to help verify the operator’s status as mobility impaired
Wear an approved safety helmet. Segway recommends that riders wear a multi-impact helmet and there is a specific ASTM (American Society for Testing and Materials) standard for Segway helmets. A commonly manufactured bicycle-style helmet will meet this requirement
Yield the right of way to all pedestrians at all times
Maintain their Segway on the maintained trail or roadway surfaces at all times, in the areas indicated in the above section
Not be operated at a speed exceeding 4 miles per hour (the speed of a brisk walking pace) at any time
Utilize extreme caution at all times, particularly while traversing areas involving slopes, irregular surfaces, or steep drop-offs
Prominently display a blue handicap placard on the Segway
Determination: Due to concentrated public visitation, varied topography and potentially congested or confined trail conditions encountered at El Malpais National Monument, Segway use is limited to maintained trails and certain parking areas in the Monument, generally those accessible to regular and motorized wheelchairs.
Use of the Segway is specifically prohibited from use on any portion of the El Malpais National Monument where manually or powered wheelchairs cannot safely maneuver due to the presence of highly uneven and rough topography, narrow trail surfaces, and steep cliffs.
Unmanned Aircraft: The launching, landing, or operating of an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of the Monument is prohibited except as approved in writing by the Superintendent.
Definition: the term "unmanned aircraft" means a device that is used or intended to be used for flight in the air without the possibility of direct human intervention from within or on the device, and the associated operational elements and components that are required for the pilot or system operator on command to operate or control the device (such as cameras, sensors, communication links). This term includes all types of devices that meet this definition (e.g. model airplanes, quadcopters, and drones) that are used for any purpose, including for recreation or commerce.
Determination: The use of unmanned aircraft is a new form of use within the National Park Service, El Malpais National Monument. It has been determined by the National Park Service that the use of unmanned aircraft has the potential to cause unacceptable impacts such as harming visitors, interfering with rescue operations, causing excessive noise, impacting viewsheds, and disturbing wildlife, to name a few. Until all impacts can be properly evaluated, it is in the best interest of El Malpais National Monument to not allow the use of unmanned aircraft. If El Malpais National Monument allowed the use of the unmanned aircraft before proper evaluation, it could result in unacceptable impacts to park resources, park values and visitor safety. This will be an interim measure unless a less restrictive measure will not suffice, and then the closure will be permanent.
While the above determination for unmanned aircraft is being considered, it will only be considered for those areas that are not within our proposed wilderness area. Our proposed wilderness areas are to betreated as designated wilderness areas and the use of motorized equipment is prohibited by the NPS Management Policies 2006 and the Wilderness Protection Act.
The National Park Service may use unmanned aircraft for administrative purposes when appropriate and approved by the Regional Director for the park unit. These purposes may include search and rescue operations, fire operations, and scientific study.
(a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted: (This authority allows superintendents to impose restrictions on activities within park areas for the maintenance of public health and safety).
Filming Activities
The following types of filming activities may occur in areas open to the public without a permit and without advance notice to the NPS:
Outdoor filming activities outside of areas managed as wilderness involving five persons or less and equipment that will be carried at all times, except for small tripods used to hold cameras.
The organizer of any other type of filming activity must provide written notice to the Superintendent at least 10 days prior to the start of the proposed activity. Based upon the information provided, the Superintendent may require the organizer to apply for and obtain a permit, if necessary, to:
maintain public health and safety;
protect environmental or scenic values;
protect natural or cultural resources;
allow for equitable allocation and use of facilities; or
avoid conflict among visitor use activities.
If the Superintendent determines that the terms and conditions of a permit could not mitigate the concerns identified above in an acceptable manner, the Superintendent may deny a filming request without issuing a permit. The Superintendent will provide the basis for denial in writing upon request.
The NPS will consider requests and process permit applications in a timely manner. Processing times will vary depending on the complexity of the proposed activity. If the organizer provides the required 10-day advance notice to the NPS and has not received a written response from the NPS that a permit is required prior to the first day of production, the proposed filming activities may occur without a permit.
The following are prohibited:
Engaging in a filming activity without providing advance notice to the Superintendent when required.
Engaging in a filming activity without a permit if the activity takes place in areas managed as wilderness or if the Superintendent has notified the organizer in writing that a permit is required.
Violating a term and condition of a permit issued under this action.
Violating a term or condition of a permit issued under to this action may also result in the suspension and revocation of the permit by the Superintendent.
Geo-caching
The creation or maintenance of a “geo-cache” containing any physical items within the Monument is prohibited. “Virtual” caches may be created and maintained as long as they meet the designated management conditions of the location. Conditions include consistency with park management plans such as not encouraging off-trail travel or travel in closed areas, visitor safety considerations, and the protection of resources. (Abandoning or leaving property unattended is also a violation of 36 CFR, Section 2.22(a) – Property).
Determination: The purpose of this restriction is to protect the natural, cultural and archaeological resources from damage due to geo-caching, and to preserve the landscape in as pristine a visual condition as possible.
First Amendment Activities
Public gatherings or demonstrations including, but not limited to, religious observances or distribution of related materials may be held only in the following designated areas:
The primary First Amendment site is at the El Malpais Visitor Center located off I-40. The area is on the southeast side of the visitor center, just past the picnic table area. This area is seen in Figure 1. All activities are to remain inside this area and not extend further in any direction.
A secondary First Amendment site is located at the El Malpais Emergency Operations Center/Ranger Station Complex, which is located off Hwy 53. The area is located on the northwest side of the Information Center building. All activities are to remain inside this area and not extend further in any direction -- see Figure 2.
These sections shall not be interpreted so as to interfere with the rights of Native Americans as delineated in the Native American Religious Freedom Act, nor any other applicable regulation or policy.
The following restrictions and/or conditions are in effect for the specific uses or activities:
Implementation of a public use limit: Groups of 25 or more engaged in public gatherings or demonstrations including, but not limited to, religious observances or distribution of related materials, must obtain a permit in accordance with the criteria and procedures of 36 CFR 1.6. Individuals or groups of less than 25 do not need a permit but must remain within the designated areas.
Groups of 25 or more may not circumvent the permit process by breaking into smaller groups
Activities may include the use of hand-carried signs, but not stages, platforms, or structures
The use of loudspeakers or other sound amplifying devices is prohibited.
Normal pedestrian traffic may not be impeded by activities under this section.
Determinations: In order to accommodate Freedom of Speech Activities, the Superintendent has designated the areas as shown in Figures 1 and 2 where such activities may take place. Groups of 25 or more are required to obtain a permit. The Superintendent will issue permits upon request after making a determination that the requested activity will not have an adverse impact on public health and safety, environmental or scenic values, natural or cultural resources, scientific research, implementation of management responsibilities, proper allocation and use of facilities, or the avoidance of conflict among visitor use activities. The Superintendent must remain content neutral when evaluating the issuance of a permit for First Amendment activities. Use of these areas will be on a “first come, first served” basis. A group holding a permit will NOT have priority over a smaller group already in place.
II. 36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT
(f) The following is a compilation of those activities for which a permit from the Superintendent is required:
§1.5(d) The following activities related to Public Use Limits:
After hours visitation or use
Entrance into the public use caves, all others are closed
§2.4(d) Carry or possess a weapon, trap, or net.
§2.5(b) Specimen collecting, research, and some science education activities:
Permits are available from Resources Management
Refer to 36 CFR §2.5 RESEARCH SPECIMENS
Note: When permits are required for scientific activities pertaining solely to cultural resources,
including archeology, ethnography, history, cultural museum objects, cultural landscapes, and
historic and prehistoric structures, other permit procedures apply and will be outlined during the
permitting process.
§2.12 Audio Disturbances:
(a)(2) Operation of a chainsaw in developed areas
(a)(3) Operation of any type of portable motor or engine, or device powered by a portable motor or engine in non-developed areas
(a)(4) Operation of a public address system in connection with a public gathering or special event for which a permit has been issued pursuant to §2.50 or §2.51§2.17 Aircraft & Air Delivery:
(a)(3) Delivery or retrieval of a person or object by parachute, helicopter or other airborne means
(c)(1) Removal of a downed aircraft
§2.37 Soliciting or demanding gifts, money, goods or services (Pursuant to the terms and conditions of a permit issued under §2.50, §2.51 or §2.52) .
§2.38 Explosives:
(a) Use, possess, store, transport explosives, blasting agents
(b) Use or possess fireworks
§2.50(a) Conduct a sports event, pageant, regatta, public spectator attraction, entertainment, wedding ceremony, and similar events.
§2.51(a) Public assemblies, meetings, gatherings, demonstrations, parades and other public expressions of views.
§2.52(c) Sale or distribution of printer matter that is not solely commercial advertising.
§2.60(b) Livestock use.
§2.61(a) Residing on federal lands.
§2.62 Memorialization:
(a) Erection of monuments (Requires approval from Regional Director)
(b) Scattering ashes from human cremation.
§4.11(a) Exceeding of established vehicle load, weight and size limits.
§5.1 Advertisements: Display, posting or distribution.
§5.3 Engaging in or soliciting any business (Requires a permit, contract or other written agreement with the United States, or must be pursuant to special regulations).
§5.4(a) Commercial transportation of passengers by motor vehicles.
§5.5 Still Photography/Audio Recordings:
(a) Still photography activities are subject to provisions of 43 CFR part 5, subpart A.
(b) Audio Recordings do not need a permit unless it meets the standards found here.
§5.6(c) Use of commercial vehicles on park area roads. The Superintendent shall issue a permit to access private lands within or adjacent to the park when access is otherwise not available.
§5.7 Construction of buildings, facilities, trails, roads, path, structure, etc.
§6.9(a) Operation of a solid waste disposal site.
III. GENERAL REGULATIONS
36 CFR §2.1 – PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES
(a)(4) Dead wood on the ground may be collected for use as fuel for campfires within the park in the following areas:
The collection of dead and down wood is prohibited anywhere in the Monument.
(a)(5) The following conditions are in effect for walking, climbing, entering, ascending or traversing the listed archeological or cultural resource, monuments or statues:
There are no conditions that allow for any of these activities. All are prohibited.
(c)(1), (c)(2) The following fruits, nuts, berries or unoccupied seashells may be gathered by hand for personal use or consumption, in accordance with the noted size, quantity, collection sites and/or use or consumption restrictions:
One (1) pound of pinon pine nuts, per person per day
One-quarter (1/4) pound of berries, per person per day
Determination: Nominal quantities of the above resources are available in the Monument and therefore public gathering of the above-specified quantities will not affect the propagation of the species nor deprive the natural wildlife of sustainable browse.
III. GENERAL REGULATIONS
36 CFR §2.2 - WILDLIFE PROTECTION
(d) The transporting of lawfully taken wildlife through El Malpais National Monument is permitted under the following conditions and procedures:
Transportation may only be by a vehicle on existing roads
A direct route is taken to public or private roads, or private property
An appropriate New Mexico State hunting licenses must be in possession of the hunter and the required tags filled in and attached to the animal
(e) The following areas are closed to the viewing of wildlife with the use of an artificial light:
Viewing wildlife with artificial light is prohibited in the Monument.
III. GENERAL REGULATIONS
36 CFR §2.4 – WEAPONS, TRAPS, AND NETS
(e) A special use permit signed by the Superintendent or designee is required to transport weapons, traps, or nets across park lands in order to access inaccessible Bureau of Land Management lands.
The carriage of firearms within the boundaries of El Malpais National Monument is allowed pursuant to New Mexico State law, provided that the individual is not otherwise prohibited by law from possessing the firearm.
The actual USE of firearms within the Monument is PROHIBITED. Use includes aiming, sighting, or using a scope to view wildlife.
Firearms are prohibited in all federal facilities.
In the State of New Mexico, you must be 19 years of age to carry a firearm “open carry” and must be 21 years of age to obtain a Concealed Weapons permit and “carry concealed.”
All other weapons, traps and nets remain prohibited to possess or use in the Monument except as authorized by a permit in accordance with 36 CFR 2.4.
Determination: As of February 22, 2010, federal law changed to allow the carriage of firearms in National Parks and Monuments pursuant to state law. While that section of the CFR has changed, it remains prohibited to use a firearm within NPS boundaries. (Use of a firearm includes pointing, looking through an optic mounted on the firearm, display or brandishing, and the actual firing of the weapon.) Carriage of a loaded firearm through the Monument while engaged in a legal or illegal hunt outside of the Monument is not allowed as that activity meets the definition of “take.”
Firearm means a loaded or unloaded pistol, rifle, shotgun or other weapon, which is designed to, or may be readily converted to, expel a projectile by the ignition of a propellant.
Weapon means a firearm, compressed gas or spring-powered pistol or rifle, bow and arrow, crossbow, blowgun, spear gun, hand-thrown spear, slingshot, irritant gas device, explosive device, or any other implement designed to discharge missiles, and includes a weapon the possession of which is prohibited under the laws of the State in which the park area or portion thereof is located.
III. GENERAL REGULATIONS
36 CFR §2.10 – CAMPING and FOOD STORAGE
(a) The sites and areas listed below have been designated for camping activities as noted. A permit system has been established for certain campgrounds or camping activities, and conditions for camping and camping activities are in effect as noted:
El Malpais NM has no designated campsites.
Camps must meet the following:
Be at least one-quarter (1/4) of a mile from the following:
A road to a trailhead or parking area
Trailhead parking areas
Picnic areas
County Road 42
A building
Any cave or lava tube
Archeological or historical sites and/or structure
Primitive in nature using leave no trace ethics
Limited to a maximum of 7 consecutive days in one area and no more than 14 days in a calendar year
The maximum size of any one group of campers is limited to no more than 15 people in any one area
Parking for backcountry camping cannot exceed 10 feet off the roadway
(b)(3) Camping within 25 feet of a fire hydrant or main road, or within 100 feet of a flowing stream, river or body of water is authorized only in the following areas, under the conditions noted:
No areas are authorized within the Monument
(d) Conditions for the storage of food are in effect, as noted, for the following areas:
Food must be securely stored at all times, except during the actual preparation of the meal, to prevent animal access. Coolers and other food containment devices must be secured to prevent access and should be kept in vehicles, trailers, bear boxes, or other protection devices to prevent access by large mammals (bear, deer, elk, etc.) These conditions apply to the entire Monument.
III. GENERAL REGULATIONS
36 CFR 2.13 – FIRES
(a)(1) The lighting or maintaining of fires is generally prohibited, except as provided for in the following designated areas and/or receptacles, and under the conditions noted:
Designated Areas:
Picnic areas within the grills provided
When camping in the backcountry and/or wilderness areas
Established Conditions for Fires
Campfires must be attended in person by the user at all times and shall not be abandoned.
(b) Fires must be extinguished according to the following conditions:
Water and stirring must be used on the fires for extinguishing to make sure the fire is cold to the touch. No smoke showing and no heat is detected with the back of your hand.
III. GENERAL REGULATIONS
36 CFR §2.14 – SANITATION and REFUSE
(a)(2) The use of government refuse receptacles or facilities for dumping household, commercial or industrial refuse, brought as such from private or municipal property is allowed under the following conditions:
No areas are authorized for outside dumping within the Monument.
(b) Conditions for the disposal, containerization, or carryout of human body waste have been established as follows:
Where possible, small holes will be dug 6-8 inches deep in organic soil
Toilet paper will be buried along with the excrement or carried out.
III. GENERAL REGULATIONS
36 CFR §2.15 – PETS
(a)(1) The following structures and/or areas are closed to the possession of pets:
all caves
all lava tubes
all lava trenches
all archeological sites
all historical sites
all government buildings
all government vehicles
There are certain exceptions for certified service dogs.
(a)(3) Pets may be left unattended and tied to an object in the following areas, under the conditions noted:
No areas are authorized within the Monument.
(a)(5) Pet excrement must be disposed of in accordance with the following conditions:
Excrement will be picked up and placed in trash containers.
(b)Hunting Dogs may be used in support of hunting activities within the following areas of the Monument:
No hunting dogs are allowed within the Monument since no hunting is allowed.
III. GENERAL REGULATIONS
36 CFR §2.16 – HORSES and PACK ANIMALS
(a) The following animals are designated as pack animals for purposes of transporting equipment:
Horses
Llamas
Burros and Mules
Other hoofed mammals
(b) The use of horses or pack animals is allowed on the following trails, routes or areas:
Established roads
(d) Free-trailing or loose-herding is allowed on the following trails/routes, subject to the conditions noted:
No free-trailing or loose-herding of pack animals are authorized within the Monument.
III. GENERAL REGULATIONS
36 CFR §2.17 – AIRCRAFT and AIR DELIVERY
(c)(1) The removal of a downed aircraft, components, or parts thereof is subject to procedures established by the Superintendent through written authorization.
Request permits through the Chief Ranger’s Office.
III. GENERAL REGULATIONS
36 CFR §2.20 – SKATING, SKATEBOARDS and SIMILAR DEVICES
The use of roller skates, skateboards, roller skis, coasting vehicles, or similar devices are allowed only in the following areas:
No areas are authorized within the Monument.
III. GENERAL REGULATIONS
36 CFR §2.21 – SMOKING
(a) The following portions of the park, or all or portions of buildings, structures or facilities are closed to smoking as noted:
Smoking restrictions apply to all cigarettes, pipes, smoking instruments, and electronic cigarettes.
All the trails are closed to smoking
All government buildings are closed to smoking
Within 50 feet of fuel/paint storage areas
Within 50 feet of propane tanks/enclosures
At all archeological sites.
Determination: The inappropriate disposal of cigarette butts negatively impacts natural and cultural resources. The presence of burning smoking materials of any type represents a fire risk during periods of elevated fire danger.
III. GENERAL REGULATIONS
36 CFR §2.22 – PROPERTY
(a)(2) Property may not be left unattended for periods longer than 24 hours, except in the following areas and under the following conditions:
A permit may be obtained from the Chief Ranger’s office for property to be left longer than 24 hours in the following areas:
All roadside and visitor center parking areas
All NPS maintenance areas
III. GENERAL REGULATIONS
36 CFR §2.35 - ALCOHOLIC BEVERAGES and CONTROLLED SUBSTANCES
(a)(3)(i) The following areas are closed to the consumption of alcoholic beverages and/or the possession of a bottle, can, or other receptacle containing an alcoholic beverage that is open, or that has been opened, or whose seal is broken, or the contents of which have been partially removed:
Inside visitor center and on adjacent patio/porch areas
At all interpretive activities within NPS jurisdiction
III. GENERAL REGULATIONS
36 CFR §2.38 – EXPLOSIVES
(b) Fireworks and firecrackers may be possessed and/or used in the following areas, under the conditions noted:
No areas are authorized within the Monument.
Determination: Using or possessing fireworks, firecrackers or other explosives devices is inherently hazardous, constitutes a fire hazard, and is not appropriate within a protected natural and cultural resource area.
III. GENERAL REGULATIONS
36 CFR §2.60 – LIVESTOCK USE and AGRICULTURE
No areas are authorized within the Monument.
III. GENERAL REGULATIONS
36 CFR §2.62 – MEMORIALIZATION
(a)The placement of memorials within the Monument is prohibited.
Determination: The placement of memorials may cause damage to sensitive natural and cultural resources. Increased human activity at such areas may promote adverse effects such as ground compaction, disruption to vehicle traffic flow, damage, or disturbance of archeological or historic heritage sites, and interference with normal patterns of wildlife behavior or movement.
(b)The scattering of human ashes from cremation is prohibited.
Determination: The scattering of human remains or ashes can conflict with the spiritual or cultural practices of indigenous people traditionally associated with the Monument. In addition, the presence of modern remains could affect the National Park Service's ability to preserve and protect human remainsthat are themselves cultural resources.
III. GENERAL REGULATIONS
36 CFR §4.21 – SPEED LIMITS
(b) The following speed limits are established for the routes/roads indicated:
Unless otherwise designated, the speed limit is 15 miles-per-hour
Determination: The Superintendent has determined that these restrictions are necessary to promote traffic and visitor safety, and to reduce wildlife mortalities caused by vehicular collisions.
III. GENERAL REGULATIONS
36 CFR §4.30 – BICYCLES
(a) Park roads – The use of a bicycle is permitted on park roads and in parking areas that are otherwise open for motor vehicle use by the general public.
Determination: The use of bicycles on trails is destructive to the resources. Bicycles are unsafe on the trails due to the narrow, uneven terrain with pedestrian traffic. Bicycles are unsafe on the Administrative Roads due to the potential destruction to the resources and the use of the roads by NPS vehicle use. Traditional bicycles are prohibited within our proposed Wilderness areas as established by Federal statute.
(i)(1) Electric bicycles – The use of an electric bicycle is allowed on park roads and parking lots that are otherwise open to traditional bicycles.
Determination: The use of electric bicycles on trails is destructive to the resources. Electric bicycles are unsafe on the trails due to the narrow, uneven terrain with pedestrian traffic. Electric bicycles are unsafe on the Administrative Roads due to the potential destruction to the resources and the use of the roads by NPS vehicle use. Electric bicycles are prohibited within our proposed Wilderness areas as established by Federal statute.
III. GENERAL REGULATIONS
36 CFR §4.31 – HITCHHIKING
Hitchhiking is permitted in the following areas under the conditions noted:
Hitchhiking is prohibited on all roadways within El Malpais National Monument in accordance with applicable New Mexico State Traffic Statute 66-7-340.
Determination: Compliance with New Mexico State Traffic Statute 66-7-340- Pedestrians soliciting rides or business.
Figure 1. The primary First Amendment site is at the El Malpais Visitor Center located off I-40. The area is on the southeast side of the visitor center, (circled in red) just past the picnic table area. All activities are to remain inside this area and not extend further in any direction.
Figure 2. A secondary First Amendment site is located at the El Malpais Emergency Operations Center/Ranger Station Complex, which is located off Hwy 53. The area is located on the northwest side of the Information Center building. All activities are to remain inside this area and not extend further in any direction.
