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As a result of the unusually dry conditions and high fire danger El Malpais National Monument will implement Stage II Fire Restrictions effective Thursday, June 19, 2025. Pursuant to Title 36 of the Code of Federal Regulations, sections 1.S{a)(l ), 1.S(a)(3), 2.13{c) and 2.21{a), the following acts are prohibited within the El Malpais National Monument.
PROHIBITIONS:
Building, maintaining, attending or using a fire, campfire, charcoal, coal, or wood stove fire, including within a developed recreation site or improved site (36 CFR 2.13(a). Exception: The use of liquid petroleum or LPG fueled stoves, lanterns, or heating devices is allowed as long as such devices meet the fire underwriter's specifications for safety.
Smoking, except within an enclosed vehicle (36 CFR 2.21(a).
Welding or operating acetylene or other torches with an open flame is prohibited.
Operating or using any internal combustion engine off paved or graveled roads is prohibited. Generators are allowed if equipped with an approved spark arresting device and used in an area that is barren or clear of all overhead and surrounding flammable materials within 3 feet of the generator.
The use of all firearms and explosives are prohibited, including but not limited to, fuses or blasting caps, fireworks, rockets, exploding targets, and tracers or incendiary ammunition.
EXEMPTIONS: Fire crew resources conducting fire management activities.
AREA DESCRIBED: El Malpais National Monument
PURPOSE: To reduce the risk of fire in order to protect public health and safety, and to protect National Park Service lands, resources, and facilities during the current period of increased fire danger.
IMPLEMENTATION:
This order shall be in effect beginning Thursday 06/19/2025 and shall remain in effect until rescinded.
Any violation of these prohibitions is punishable by a fine of not more than $5,000.00, or imprisonment for no more than six months, or both.
The Superintendent’s Compendium is the summary of park specific rules implemented under 36 Code of Federal Regulations (36 CFR). It serves as public notice, identifies areas closed for public use, provides a list of activities requiring either a special use permit or reservation, and elaborates on public use and resource protection regulations pertaining specifically to the administration of the monument. The Superintendent’s Compendium does not repeat regulations found in 36 CFR and other United States Code (U.S.C.) and CFR Titles. These regulations are enforced without further elaboration at the monument level.
The regulations contained in 36 CFR, Parts 1-7, are the basic mechanism used by the National Park Service (NPS) to preserve and protect the natural and cultural resources of the monument and to protect visitors and property within the monument. Parts 1 through 6 are general regulations applicable to all areas of the National Park system, and Part 7 contains special regulations specific to individual parks. Each of these Parts has many sections and subsections articulating specific provisions. Within some of these Part 1-7 sections and subsections, the Superintendent is granted discretionary authority to develop local rules to be responsive to the needs of a specific park resource or activity, park plan, program, and/or special needs of the public.
This Compendium should be used in conjunction with Title 36 CFR, Parts 1-7, to more fully understand the regulations governing the use and enjoyment of all the areas of the National Park system.
A copy of Title 36, CFR, can be purchased from the U.S. Government Printing Office at:
Superintendent of Documents
P.O. Box 371954
Pittsburgh, PA 15250-7954
The rules contained in this Compendium apply to persons entering, using, visiting or otherwise present on all federally owned lands, to include submerged lands, waters and all areas administered by the NPS within the legislative boundaries of El Malpais National Monument (Park or Monument).
The monument has Concurrent Legislative Jurisdiction which exists when both the state and federal governments have authority over a specific area. Usually this occurs when a state has ceded land to the United States but has reserved to itself the right to exercise its state authority. In these jurisdictions, both the state and federal governments may enforce their respective criminal laws and prosecute those who violate their respective laws.
Under concurrent legislative jurisdictional authority, NPS Law Enforcement Park Rangers enforce the requirements of the United States Code, 36 CFR, assimilated state regulations, and this Superintendent’s Compendium within the legislative boundaries of the monument. Many of the requirements of this compendium complement existing state/local law and other regulations that are in effect within the monument and are enforced by state and local law enforcement officers. If a state or local law is recently enacted, this compendium does not replace or repeal that law.
A person who violates any provision of the regulations found in 36 CFR, Parts 1-7, or provisions of this Compendium, is subject to a fine as provided by law (18 U.S.C. 3571) up to $5,000 for individuals and $10,000 for organizations, or by imprisonment not exceeding six months (18 U.S.C. 3559), or both, and shall be adjudged to pay all court costs associated with any court proceedings. You may receive a list of fines associated with any particular provision by contacting the Chief Ranger at the address found below.
The Compendium is reviewed annually and revised as necessary. The monument welcomes comments about its program and activities at any time.Written comments on the Compendium may be submitted to:
Superintendent
El Malpais National Monument
123 E Roosevelt Ave.
Grants, NM 87020
The Superintendent’s Compendium is effective on the approval date listed on the first page of this document and remains in effect until revised for a period up to one year.
In accordance with National Park Service (NPS) Law Enforcement Reference Manual 9 (RM-9), notice is hereby given that El Malpais National Monument uses Closed Circuit Television (CCTV) security camera monitoring.
The NPS’s use of CCTV for law enforcement and security purposes and will only be to visually monitor public areas and public activities where no constitutionally protected reasonable expectation of privacy exists. Such CCTV use – which will have adequate privacy and First Amendment safeguards – will be to help ensure public safety and security; facilitate the detection, investigation, prevention, and deterrence of terrorist activity; help ensure the safety of citizens and officers; help assist in the proper allocation and deployment of law enforcement and public safety resources; and help facilitate the protection of the innocent and the apprehension and prosecution of criminals.
This policy does not restrict the official use of CCTV in government administrative areas, including administrative buildings, jail holding facilities, revenue collection sites, etc., where the government may record/monitor its facilities. For example, the government may perform unrestricted video/audio recording at revenue collection points (entrance stations, visitor center counters, etc.). This policy does not restrict the use of an Audio/Visual Recording Device (AVRD) in patrol vehicles or officer-worn recording devices used by commissioned rangers.
Operation of CCTV cameras will be in accordance with NPS and Department policy. No person will be targeted or monitored merely because of race, religion, gender, sex, disability, national origin, or political affiliation or views.
Nothing in this policy statement is intended to create any rights, privileges, or benefits not otherwise recognized by law.
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 54 United States Code §100501, the following compendium actions are established for the proper management, protection, government and public use of El Malpais National Monument under the jurisdiction of the National Park Service. 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 identified by italicized print.
El Malpais Visitor Center: Visiting hours for public use of the El Malpais Visitor Center are usually between 0900-1700 hours (9:00am to 5:00pm). Changes to the normal hours or closures for specific days will be posted on the El Malpais Visitor Center’s entrance gate and will be confirmed by the closed and locked gate at the entrance from Santa Fe Ave. The closure will also be posted on the El Malpais National Monument 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.
Parking Areas: Visiting hours for the following parking areas are from sunrise to sunset, unless otherwise authorized by a NPS program or a permit from the Superintendent.
Sandstone Bluffs
Zuni-Acoma Trailhead
Visiting hours assist with the protection of the governmental buildings and park resources 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. The parking areas will be closed due to the increased illegal activity at those locations during dark hours.
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 only seasonally and with a permit; visitors must so check at the visitor centers and the El Malpais NM website for a list of available open caves. Only battery- powered light sources or other fully enclosed and sealed light producing items such as glow-sticks are authorized for use in caves.
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 of El Malpais National Monument 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.
Trails: The maximum group size allowed on the Lava Falls, Zuni-Acoma/Acoma-Zuni, Big Tubes, and El Calderon trails is 15 people. Groups with more than 15 people require a Special Use Permit. The maximum group size with a Special Use Permit is as follows: Lava Falls, Zuni-Acoma/Acoma-Zuni, and Big Tubes trails: 45 people; El Calderon trail: 65 people. Groups holding a permit must divide into smaller groups of no more than 15, and each group must start 30 minutes after the previous group to minimize resource impacts.
The Superintendent has determined these conditions are necessary to protect park resources and visitor experiences. Trails are narrow and larger groups have been shown to go off trail and create resource impacts including damaging vegetation and cultural sites.
Restricted Buildings or Grounds Northwest Tracts: Located north of NM State Road 53 between the 60- and 61-mile markers, 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.
The portions 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.
Emergency Operations Center Complex: This area, located at mile 62.5 on NM Highway 53, is closed to public use, except for access to the Continental Divide Trail (CDT) and water source. Hikers may access the CDT and water source using the stairs to cross the fence.
This area contains law enforcement and fire stations, including firefighting apparatus. It is closed to the public to maintain security of critical emergency response equipment. There have been documented incidents of attempted burglary and vandalism in the past. Furthermore, aside from one access point to the CDT, this area does not provide any recreational or educational opportunities to the public.
Picnicking: The following areas are closed to picnicking:
all caves (lava tubes)
all archeological sites or structures
all historical sites and structures
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.
Operation of vehicles off maintained and designated Monument roads destroys delicate natural and cultural resources such as biological soil crusts and archaeological sites.
Filming, still photography, and audio recording activity that occurs in closed areas, requires exclusive use of a site or area, or involves a set or staging equipment other than handheld equipment (such as a tripod, monopod, and handheld lighting equipment) requires a permit, unless the activity is affiliated with an activity or event that has been allowed under a written authorization, such as a special use permit.
Filming, still photography, and audio recording that involves more than eight individuals requires a permit, unless the NPS has specifically notified an individual or group that a permit is not required, or if the activity is affiliated with an activity or event that has been allowed under a written authorization, such as a special use permit.
If a permit is required for the reasons stated above, or if the NPS otherwise determines and then notifies an individual or group that a permit is required for a filming, still photography, or audio recording activity, then engaging in that activity without a permit is prohibited. Violating a term or condition of a permit issued by the NPS for a filming, still photography, or audio recording activity is prohibited, and may result in the suspension or revocation of the permit, in addition to any penalties that may apply under 36 CFR 1.3.
Federal law at 54 U.S.C. 100905 states that permits and fees are not required for filming, still photography, or audio recording in monument areas if certain requirements are met. These requirements address various topics, including, but not limited to, group size, location, equipment, potential impacts to resources and visitors, and the likelihood that the NPS will incur related administrative costs. If any of these requirements are not met, the law allows the Secretary of the Interior, acting through the NPS, to require a permit for the subject activity. Permit requirements are imposed by the superintendent under discretionary authority provided by 36 CFR 1.5(a)(2), which allows the superintendent to impose conditions or restrictions on a use or activity, consistent with applicable legislation, to implement management responsibilities. The general regulations for permits in 36 CFR 1.6 do not apply to permits issued for filming, still photography, and audio recording, which instead are governed by the statutory provisions in 54 U.S.C. 100905. The imposition of permit requirements, on a case-by-case basis, for filming, still photography, or audio recording does not require rulemaking under 36 CFR 1.5(b). Requiring a permit with reasonable terms and conditions in accordance with statutory requirements at 54 U.S.C. 100905 is not highly controversial, will not result in a significant alteration in the public use pattern of the System unit, will not adversely affect the System unit’s natural, aesthetic, scenic or cultural values, or require a long-term or significant modification in the resource management objectives of the System unit, because the permit requirement is limited in time and scope to the specific activities authorized by the permit, which contain terms and conditions that protect the values, resources, and visitors of the System unit, and implements federal law.
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 if they meet the designated management conditions of the location. Conditions include consistency with 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). The purpose of this restriction is to protect the natural, cultural and archaeological resources from damage due to geo-caching, which often involves digging, resource modification, and/or littering.
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.
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.
Un-manned Aircraft: Launching, landing, or operating an ‘Unmanned Aircraft’ from or on lands administered by the NPS within the boundaries of the monument is prohibited except as approved in writing by the Superintendent. See the definition of ‘Unmanned Aircraft’ in the definition section. The term includes all types of devices that meet the definition (e.g., model airplanes, quad copters and drones) that are used for any purpose, including for recreation or commercial activity.
This restriction is necessary to prevent unacceptable impacts to park resources and values from the use of uncrewed aircraft. Potential impacts include harming visitors, interfering with rescue operations, causing excessive noise, impacting viewsheds, and disturbing wildlife. This restriction is required by NPS Policy Memorandum 14-05 dated June 19, 2014.
Segways, Motorized Scooters and Motorized Wheelchairs
Segways and motorized scooters, as defined under 36 CFR § 1.4, are motor vehicles. Pursuant to 36 CFR § 1.5(a) and 4.10(a) segways and motorized scooters are prohibited from all areas within the monument including all roads, trails, and sidewalks. Motorized wheelchairs are defined separately and are not considered motor vehicles.
Mobility Assistance Exception
Any monument visitor needing mobility assistance is permitted to use a motorized wheelchair, segway or motorized scooter in designated areas throughout the monument, including all structures, facilities, roads, sidewalks, and other paved surfaces where the public is allowed access and when such devices are used for the sole purpose of mobility assistance. Use of any mobility assistance device, as outlined above, must also adhere to the following:
No person under 16 years of age may operate a mobility assistance device without direct adult supervision.
A person shall operate any mobility assistive device in a safe and responsible manner so as not to endanger themself or any other visitor.
A person riding any mobility assistance device shall have all the rights and duties applicable to a pedestrian under the same circumstances, except that the mobility assistance device operator must always yield to pedestrians.
Motorized devices for mobility assistance may only be used on paved surfaces within the monument.
The segway is a two-wheeled, gyroscopically stabilized, battery-powered personal transportation device. While segways and motorized scooters (or similar devices) are not “designed solely for” mobility-impaired persons and thus do not meet the definition of a motorized wheelchair in 36 CFR Section 1.4, some individuals needing mobility assistance use these devices as their means of personal mobility, in lieu of more traditional devices like the wheelchair. As stated in NPS Management Policies, Section 8.2.4, and described in more detail in Director’s Order 42, the NPS is committed to making all reasonable efforts to make its programs, facilities, and services accessible to people needing mobility assistance. The NPS has set a goal of ensuring that all people, including persons needing mobility assistance, have the highest level of accessibility that is reasonable to our programs, facilities, and services in conformance with applicable regulations and standards. Allowing the use of motorized wheelchairs, segways and motorized scooters in the monument by people needing mobility assistance is part of this effort. In that light, managers have determined that the use of motorized wheelchairs, segways, motorized scooters and similar devices by persons needing mobility assistance is safe and appropriate in all paved areas of the monument currently open to access by the public.
36 CFR §1.6 Activities That Require A Permit
(f)(1) A compilation of those activities requiring a permit shall be maintained by the Superintendent and available to the public upon request. Special Use Permits are requested through the Chief Ranger. Research Permits are requested through the Resource Management Office. A message can be left for these offices at the main monument phone number of 505-285-4641.
The following activities require permits:
For any exceptions to Closures and Public Use Limits as stated in this document. 36 CFR 1.5(d)
Aircraft and Air Delivery (delivery or retrieval of a person or object by air, removal of a downed aircraft, landing of an aircraft). 36 CFR 2.17
Non-commercial soliciting or demanding gifts, money, goods or services. 36 CFR 2.37
Use or Possession of Explosives and/or Fireworks. 36 CFR 2.38 (b)
Research Permits (a) Taking plants, fish, wildlife, rocks or minerals except in accordance with other regulations in this chapter or pursuant to the terms and conditions of a specimen collections permit, is prohibited. Qualifying researchers must comply with the General Condition for Scientific Research and Collecting Permit as described under the National Park Service Research Permit and Reporting System. 36 CFR 2.5
Conducting a sports event, pageant, regatta, public spectator attraction, entertainment, ceremony, and/or similar events. 36 CFR 2.50 (a)
Public Assemblies, meetings, gatherings, demonstrations, parades, and other public expressions of views. 36 CFR 2.51 (b)
Sale or distribution of printed material. 36 CFR 2.52 (b)
Livestock Use. 36 CFR 2.60(b)
Residing on Federal Lands. 36 CFR 2.61(a)
Displaying, posting, or distributing commercial notices or advertisements. 36 CFR 5.1
Engaging in or soliciting any business. 36 CFR 5.3
Use of commercial vehicles on monument roads to access adjacent private lands. 36 CFR 5.6(c)
Constructing or attempting to construct any building, structure, dock, road, trail, path, or public/private utility upon, across, over, through, or under any monument area. 36 CFR 5.7
36 CFR §2.1 Preservation of Natural, Cultural and Archaeological Resources
(a)(4) Dead wood on the ground may be collected for use as fuel for campfires within the monument 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
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.
(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) Use of an artificial light for purposes of viewing wildlife in the monument is prohibited.
Night viewing of wildlife with artificial light has no place within the enabling legislation of the monument and the protection of its resources. Additionally, the viewing of wildlife with artificial light is commonly associated with unlawful hunting.
36 CFR §2.4 Weapons, Traps, and Nets
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 discharging, aiming, sighting, or using a scope to view wildlife.
Firearms are prohibited in all federal buildings.
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.
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.
(a) The sites and areas listed below and restricted areas that have been designated for camping activities as noted (see Map 1). Conditions for camping and camping activities are in effect as noted:
El Malpais NM has no designated campsites.
Camps must meet the following:
Out of sight from
A road to a trailhead or parking area
Trailhead parking areas
Picnic areas
County Road 42
Any building
No camping in any cave, lava tube, or historic/archeology site
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
(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 or trailers to prevent access by animals. These conditions apply to the entire monument.
The Superintendent has determined these conditions are necessary to protect park resources and visitor experiences, and to prevent wildlife from becoming food conditioned.
(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:
Fires are permitted in picnic areas within the provided grills.
Ground fires are permitted when camping in wilderness areas.
Campfires must be always attended in person by the user and shall not be abandoned.
No fires are permitted during burn ban periods designated by Cibola County.
(b) Fires must be extinguished according to the following conditions:
No smoke may be showing, and the fire must be cold to the touch.
The Superintendent has determined these conditions are necessary to mitigate wildland fire risk and protect monument resources, facilities, and visitors.
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:
In areas where toilet facilities are not available, human waste and toilet paper must be packed out or buried 4-6 inches deep in organic soil.
The superintendent has determined this condition is necessary to maintain a sanitary environment and to eliminate unsightly waste being left on the ground surface.
(a)(1) The following structures and/or areas are closed to the possession of pets:
all caves
all lava tubes
all archeological sites
all historical sites
all government buildings
all government vehicles
There are certain exceptions for certified service dogs, ex. cave environments.
(a)(2) Failing to crate, cage, restrain on a leash which shall not exceed six feet in length, or otherwise physically confine a pet at all times while in all areas of the monument is prohibited.
(a)(3) Pets are not allowed to be unattended and/or tied to an object in the monument unless it is due to a serious incident or emergency.
(a)(5) Pet excrement must be immediately collected and properly disposed of by the pet owner. Trash receptacles and stations for collecting and disposing of pet excrement are provided at the visitor center and at some trailheads.
The term “Pet” is defined in 36 CFR 1.4, as, a dog, cat or any animal that has been domesticated.
*Service animals are exempt from the monument’s pet policies and, when accompanying an individual with a disability, they are allowed wherever visitors are allowed. A service animal means any dog or miniature horse that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.
These restrictions are necessary to provide for the protection of monument resources, wildlife, and public safety. While visiting the monument with pets can be a positive pet owner experience, pets have been shown to have negative impacts on resources, wildlife, and visitors. These impacts include, noise, pursuit and harassment of wildlife, defecation, scent marking of wildlife habitat, and aggressive behavior. These restrictions are also necessary to keep pets safe from wildlife such as rattlesnakes, mountain lions, and coyotes.
The following portions of the monument, 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. The following portions of the monument, or all or portions of buildings, structures or facilities are closed to smoking as noted:
All trails are closed to smoking
Smoking is prohibited within all caves and caverns.
All government buildings are closed to smoking
Smoking is prohibited within 50 feet of fuel/paint storage areas
Smoking is prohibited within 50 feet of propane tanks/enclosures
Smoking is prohibited at all archeological sites.
These restrictions are necessary to provide for the health and safety of the public and employees by maintaining a smoke-free environment within enclosed buildings and reducing the chance of a fire start in vegetation. During very high or extreme fire danger, additional smoking restrictions may be necessary to prevent the start of a wildland fire that would damage both monument resources and surrounding communities.
(a)(3)(i) All areas of the monument are closed to the consumption of alcoholic beverages, and/or to the possession of a bottle, can or other receptacle containing an alcoholic beverage that is open, or has been opened, or whose seal has been broken or the contents of which have been partially removed, with the following exceptions:
Persons participating in an event authorized under the conditions of a Special Use Permit that specifically authorizes the consumption of alcoholic beverages.
Persons using a campsite for the purpose of overnight occupancy under the provisions listed above in sections 2.10 (a) and (b)(3).
Allowing the public consumption of alcoholic beverages is contrary to the purposes for which the monument was established. Public consumption of alcoholic beverages on trails, overlooks, open public land, primitive roadways, and parking lots throughout the monument could create an unsafe environment leading to visitor injuries. The monument has a documented history of vandalism, trash dumping, and intoxicated driving violations. Incidents of such unlawful behavior tend to increase with the permitted use of alcoholic beverages.
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.
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.
(b) Demonstrations of more than 25 people are allowed within monument areas designated as available under paragraph (c)(2) when the Superintendent has issued a permit for the activity.
Groups of 25 or less meeting all the conditions listed in 36 CFR §2.51 are not required to have a permit.
The concrete area to the east of the main entrance of the visitor center located at 1900 E. Santa Fe Ave. in Grants is designated as a demonstration area for first amendment activities in the monument. The monument may allow through a permitting process, other areas of the monument for these activities depending on the specific activity requested. Demonstrations cannot interfere with foot traffic or block any public entrances. The Superintendent will consider request for permits on a case-by-case basis, using the criteria listed in 36 CFR 2.51(c). See Appendix A for a detailed map of the specific area.
Per 36 CFR §2.51(c)(2), the Superintendent must designate on a map, which must be available in the office of the Superintendent and by public notice under §1.7 of this chapter, the locations designated as available for demonstrations and the sale of distribution of printed matter. The designated location is in a prominent location near the visitor center that will allow individuals and groups to conduct demonstrations in a manner that will allow for effective communication of speech and other protected activities. At the same time, the designated location leaves ample space for visitors to enter and leave the visitor center safely and for the NPS to conduct administrative activities such as interpretive events.
The sale or distribution of printed matter involving more than 25 people requires a permit per 36 CFR §2.51(b). The concrete area to the east of the main entrance of the visitor center located at 1900 E. Santa Fe Ave. in Grants is designated as an acceptable area for the sale or distribution of printed matter. The monument may allow through a permitting process, other areas of the monument for these activities depending on the specific activity requested. Sale or distribution areas may not interfere with foot traffic or block any public entrance. See Appendix A for a detailed map of the specific area.
Per 36 CFR §2.51(c)(2), the Superintendent must designate on a map, which must be available in the office of the Superintendent and by public notice under §1.7 of this chapter, the locations designated as available for demonstrations and the sale of distribution of printed matter. The designated location is in a prominent location near the visitor center that will allow individuals and groups to conduct demonstrations in a manner that will allow for effective communication of speech and other protected activities. At the same time, the designated location leaves ample space for visitors to enter and leave the visitor center safely and for the NPS to conduct administrative activities such as interpretive events.
(a) The placement of memorials within the monument is prohibited.
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.
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 remains that are themselves cultural resources.
(f) Closures and other use restrictions: A Superintendent may limit or restrict or impose conditions on bicycle use or may close any road, parking area, administrative road, trail, or portion thereof to bicycle use, or terminate such conditions, closures, limits or restrictions after:
Taking into consideration public health and safety, natural and cultural resource protection, and other management activities and objectives; and
Notifying the public through one or more methods listed in 36 CFR 1.7 (a).
(c) Speed limits for bicycles and e-bikes on all monument roads and trails is 15 miles per hour unless otherwise posted.
A speed limit over 15 miles per hour on monument roads and trails for bicycles and e-bikes has been determined to be unreasonable, unsafe or inconsistent with the purposes for which the monument was established.
Bicycles are permitted in the following areas:
On all monument roads and parking areas that are otherwise open for vehicle use by the general public.
All other areas within El Malpais National Monument are closed to bicycles.
Electric Bicycles are permitted in the following areas:
E-bikes are allowed on the monument’s roads and parking areas that are otherwise open for motor vehicle use by the general public.
E-bikes are permitted wherever traditional bicycles are permitted.
E-bikes are prohibited where traditional bicycles are prohibited.
A person operating an e-bike is subject to the following sections of 36 CFR part 4 that apply to the use of traditional bicycles: sections 4.12, 4.13, 4.20, 4.21, 4.22, 4.23, and 4.30(h) (2)-(5).
Except as specified in this compendium, the use of an e-bike within the monument is governed by state law, which is adopted and made a part of this compendium. Any violation of state law adopted by this paragraph is prohibited.
Allowing electric bicycles on roads and parking areas will not create new, adverse impacts to resources or visitors because these locations are already used by motor vehicles and traditional bicycles. Electric bicycles provide a recreational opportunity for visitors who want to ride a bicycle but might not otherwise because of physical fitness, age, or convenience, especially at high altitudes and on terrain with changing elevations. Bicycles and electric bicycles are prohibited on monument trails as they are unsafe due to the narrow trails, uneven terrain and pedestrian traffic. They would also contribute to erosion and soil compaction if allowed on trails.
The First Amendment Area (shown in the red outline) is located on the porch on the east side of the El Malpais Visitor Center.
APPENDIX A - Designated area for public assembly and/or designated areas for sale and/or distribution of printed material.
APPENDIX B - Definition of Terms
Above Ground Level, or AGL, describes the literal height above the ground over which you're flying.
Archeological resource means material remains of past human life or activities that are of archeological interest and are at least 50 years of age. This term includes, but shall not be limited to, objects made or used by humans, such as pottery, basketry, bottles, weapons, weapon projectiles, tools, structures or portions of structures, pit houses, rock paintings, rock carvings, intaglios, or any portion or piece of the foregoing items, and the physical site, location or context in which they are found, or human skeletal materials or graves.
Camping means the erecting of a tent or shelter of natural or synthetic material, preparing a sleeping bag or other bedding material for use, parking of a motor vehicle, motor home or trailer, or mooring of a vessel for the apparent purpose of overnight occupancy.
Concurrent Legislative Jurisdiction exists when both the state and federal governments have authority over a specific area. Usually this occurs when a state has ceded land to the United States but has reserved to itself the right to exercise its state authority. In these jurisdictions, both the state and federal governments may enforce their respective criminal laws and prosecute those who violate their respective laws.
Controlled substance means a drug or other substance, or immediate precursor, included in schedules I, II, III, IV, or V of part B of the Controlled Substance Act (21 U.S.C. 812) or a drug or substance added to these schedules pursuant to the terms of the Act.
Cultural resource means material remains of past human life or activities that are of significant cultural interest and are less than 50 years of age. This term includes, but shall not be limited to, objects made or used by humans, such as pottery, basketry, bottles, weapons, weapon projectiles, tools, structures or portions of structures, or any portion or piece of the foregoing items, and the physical site, location, or context in which they are found, or human skeletal materials or graves.
Developed area means roads, parking areas, picnic areas, campgrounds, or other structures, facilities or lands located within development and historic zones depicted on the land management and use map.
Downed Aircraft means an aircraft that cannot become airborne because of mechanical failure, fire or accident.
E-bike- means a two or three-wheeled cycle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.) that provides propulsion assistance.
Firearm means a loaded or unloaded pistol, rifle, shotgun or other weapon that is designed to, or may be readily converted to; expel a projectile by the ignition of a propellant.
Motor vehicle means every vehicle that is self-propelled and every vehicle that is propelled by electric power, but not operated on rails or upon water, except a snowmobile and a motorized wheelchair.
Non-developed area means all lands and waters within monument areas other than developed areas.
Pack animal means horses, burros, mules or other hoofed mammals when designated as pack animals by the superintendent.
Park road means the main-traveled surface of a roadway open to motor vehicles, owned, controlled or otherwise administered by the National Park Service.
Permit means a written authorization to engage in uses or activities that are otherwise prohibited, restricted, or regulated.
Person means an individual, firm, corporation, society, association, partnership, or private or public body.
Pet meansa dog, cat or other animal that has been domesticated.
Possession means exercising direct physical control or dominion, with or without ownership, over property, or archeological, cultural or natural resources.
Public Use Limit means the number of persons; number and type of animals; amount, size and type of equipment, vessels, mechanical modes of conveyance, or food/beverage containers allowed to enter, be brought into, remain in, or be used within a designated geographic area or facility; or the length of time a designated geographic area or facility may be occupied.
Service Animal means any dog or miniature horse that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. Emotional support or comfort animals are not service animals (policy memorandum 18-02 update Oct 18, 2018)
Smoking means the carrying of lighted cigarettes, cigars or pipes, or the intentional and direct inhalation of smoke from these objects.
Specimen means an individual animal, plant, piece of a mineral, etc., used as an example of its species or type for scientific study or display.
Traffic means pedestrians, ridden or herded animals, vehicles, and other conveyances, either singly or together while using any road, trail, street or other thoroughfare for purpose of travel.
Uncrewed Aircraft: 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 in command to operate or control the device (such as cameras, sensors, communication links). The term includes all types of devices that meet this definition (e.g., model airplanes, quad copters, and drones) that are used for any purpose, including for recreation or commerce.
Vehicle means every device in, upon, or by which a person or property is or may be transported or drawn on land, except snowmobiles and devices moved by human power or used exclusively upon stationary rails or track.
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 monument area or portion thereof is located.
APPENDIX C - Laws and Policies Allowing the Superintendent to Develop This Compendium
The NPS is granted broad statutory authority under 54 U.S.C. §102701 (Organic Act of 1916, as amended) to “…regulate the use of the Federal areas known as national parks, monuments, and reservations…by such means and measures as conform to the fundamental purposes of the said parks…which purpose is to conserve the scenery and the natural and historic objects and the wildlife therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment for future generations” (54 U.S.C. §100101). In addition, the NPS Organic Act allows the NPS, through the Secretary of the Interior, to “make and publish such rules and regulations as he may deem necessary or proper for the use and management of the parks, monuments, and reservations under the jurisdiction of the National Park Service” (54 U.S.C. §100501).
In 1970, Congress amended the NPS Organic Act to clarify its intentions as to the overall mission of the NPS. Through the General Authorities Act of 1970 (54 U.S.C. §100101-101301), Congress brought all areas administered by the NPS into one National Park System and directed the NPS to manage all areas under its administration consistent with the Organic Act of 1916.
In 1978, Congress amended the General Authorities Act of 1970 and reasserted System-wide the high standard of protection defined in the original Organic Act by stating “Congress further reaffirms, declares, and directs that the promotion and regulation of the various areas of the National Park System, as defined by Section 1 of this Title, shall be consistent with and founded in the purpose established by Section 1 of this Title, to the common benefit of all people of the United States.”
54 U.S.C. §100501 defines the National Park system as “…any areas of land and water now or hereafter administered by the Secretary of the Interior through the National Park Service for park, monument, historic, parkway, recreational, or other purposes.”
In addition to the above statutory authority, the Superintendent is guided by established NPS policy as found in the NPS Management Policies (2006). The Superintendent is also guided by more specific policies promulgated by the Director, NPS, in the form of Director’s Orders. As stated in the Management Policies, the primary responsibility of the NPS is to protect and preserve our national natural and cultural resources while providing for the enjoyment of these resources by visitors and other users, if use does not impair specific park resources or overall visitor experience. The appropriateness of any visitor use or recreational experience is resource-based and will vary from park to park; therefore, a use or activity that is appropriate in one park area may not be appropriate in another. The Superintendent is directed to analyze overall park use and determine if any particular use is appropriate. Where conflict arises between use and resource protection, where the Superintendent has a reasonable basis to believe a resource is or would become impaired, then that Superintendent is obliged to place limitations on public use.
The Superintendent’s Compendium is not considered a significant rule requiring review by the Office of Management and Budget under Executive Order 12866. In addition, this Compendium will not have a significant economic effect on small entities nor impose a significant cost on any local, state or tribal government or private organization, and therefore does not fall under the requirements of either the Regulatory Flexibility Act or the Unfunded Mandates Reform Act.
The actions and requirements described in this Compendium are found to be categorically excluded from further compliance with the procedural requirements of the National Environmental Policy Act (NEPA) in Department of the Interior (DOI) Guidelines 516 DM 6 and as such, an Environmental Assessment will not be prepared.
As outlined above, the NPS has broad authority and responsibility to determine what types of uses and activities are appropriate in any National Park system area. The requirements of the Superintendent’s Compendium are developed through an analysis and determination process. The decision criteria used during this process are:
Is the use or activity consistent with the NPS Organic Act and NPS policy?
Is the use or activity consistent and compatible with the park’s enabling legislation, management objectives, and corresponding management plans?
Will the use or activity damage the park’s protected natural and cultural resources and other protected values?
Will the use or activity disturb or conflict with wildlife, vegetation, and environmental protection actions and values?
Will the use or activity conflict with or be incompatible with traditional park uses and activities?
Will the use or activity compromise employee or public safety?
