Superintendent's Compendium

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.

Parking Areas: Visiting hours for the following parking area 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 or other fully enclosed and sealed light producing items such as glow-sticks are authorized for use in caves.

Trails: Hiking where the group size is more than 15 people requires a Special Use Permit. The maximum group size with a Special Use Permit on the El Calderon Trail is 65 people. The maximum group size with a Special Use Permit in Wilderness areas and on Wilderness trails is 45 people. Groups containing more than 15 people must divide into groups of 15 people or less and each group must start 30 minutes after the previous group to minimize resource impacts.

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 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. Therefore, they are all slated for demolition.

Emergency Operations Center Complex: This area, located at mile 62.5 on NM Highway 53, is closed to public use, with the exception of 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. Determination: 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 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

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 be treated 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).

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
- Groups of more than 15 people using the Lava Falls, Zuni-Acoma/Acoma-Zuni, Big Tubes, and El Calderon Trails.
§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, andhistoric and prehistoric structures, other permit procedures apply and will be outlined during thepermitting 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.

Filming Activities
Effective October 28, 2022, the National Park Service rescinded interim guidance that was in place during litigation regarding commercial filming and has returned to longstanding laws and regulations governing commercial filming in parks. Questions and answers about filming and photography: Filming & Still Photography Permits (U.S. National Park Service) (nps.gov).

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.

II. 36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT

Public Assemblies, Meetings, or Sale or Distribution of Printed Matter Permits: The following areas are designated as appropriate for the issuance of a permit allowing public assemblies of more than 25 people.

The 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 at the bottom of this page. All activities are to remain inside this area and not extend further in any direction.
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 assemblies, meetings, or sale or distribution of printed matter, 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.

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.

Contact Us