2.1.33. Social and Economic
2.1.33.1. Tribal Interests
Portions of the Navajo Nation, including 13 Navajo Chapters, and 12 Pueblos hold lands within
the Rio Puerco Planning Area. An additional three Tribes, five Navajo chapters, and the Pueblo
of San Ildefonso have identified parts of the RPPA as traditional use areas. These pueblos and
tribes are listed in tables x.x and x.xx.
Table x.x: Pueblos and Tribes located partially or entirely within the RPPA.
Pueblos
Pueblo of Acoma
Pueblo of Cochiti
Pueblo of Isleta
Pueblo of Jemez
Pueblo of Laguna
Pueblo of Sandia
Pueblo of San Felipe
Pueblo of Santa Ana
Pueblo of Santa Clara
Pueblo of Santo Domingo
Pueblo of Zia
Pueblo of Zuni
Indian Tribes and Navajo Chapters
Navajo Nation
Baca/Haystack Chapter
Bread Springs Chapter
Chichiltah Chapter
Church Rock Chapter
Counselor Chapter
Gallup Chapter
Iyanbito Chapter
Manuelito Chapter
Ojo Encino Chapter
Ramah Chapter
Red Rock Chapter
To'hajiilee Chapter
Torreon Chapter
Table x.x: Pueblos and Tribes not located within the RPPA but that have traditional use areas
within the RPPA.
Pueblos
Pueblo of San Ildefonso
Indian Tribes and Navajo Chapters
Jicarilla Apache Nation
Southern Ute Tribe
Ute Mountain Ute Tribe
Alamo Chapter
Pinedale Chapter
Thoreau Chapter
Tsayatoh Chapter
Whitehorse Lake Chapter
Tribal interest in the Rio Puerco Planning Area is primarily on the basis of traditional use areas
and the current boundaries of Tribal lands. There are no lands in the decision area formally held
in trust by the BLM, and there are no existing treaty-based subsistence uses. Traditional uses and
rights of access are part of the normal consultation process.
1
Executive Order 13084, Consultation with Indian Tribal Governments, and Executive Order
13007, Indian Sacred Sites, provide the framework for involving Native American Tribes in the
BLM planning process. Additional guidance is provided under BLM Manual 8120 (Tribal
Consultation). Discussion of the consultation process with respect to Traditional Cultural
Properties is found in Chapter 2.1.10.2.
2.1.33.1.1. Indicator
2.1.33.1.2. Current Condition
2.1.33.1.3. Trends
2.1.33.1.4. Forecast
2.1.33.1.5. Key Features
2.1.33.2. Public Safety
Public safety issues can arise from a variety of circumstances ranging from natural to manmade
hazards. In remote areas, natural environmental circumstances pose safety issues including
extreme temperature variations, storms and inclement weather, flooding, debris flows, and the
presence of aggressive or venomous animals. Manmade hazards include the presence of active or
abandoned mines, unexploded ordnance (UXO) located in and near military training areas,
recreational activities such as target shooting, and the presence of hazardous materials, hazardous
wastes, and solid wastes. Public safety issues associated with specific geographic areas or BLM
programs are described below.
2.? Motor Vehicle Operations
The risk of a single- or multiple-vehicle accident, or a collision between a vehicle and a
pedestrian or bicyclist, is potentially associated with any location where motor vehicles are
operating. In 2003, over 48,000 crashes occurred in New Mexico with 439 fatalities. The
percentage of traffic accidents that result in fatalities in New Mexico is much greater than the
national average (23.4 percent versus 14.7 percent) (New Mexico State Highway and
Transportation Department 2003).
The existing transportation network is described in Section 2.2.6, Transportation and Access.
Safety issues associated with the use of these roadways may have implications for the
management of or access to public lands.
OHV use occurs throughout the Planning Area for purposes of transportation as well as for
recreation. OHVs are used to transport recreational visitors to recreation sites as well as for a
recreational activity in itself for motorcycle races and hill climbing. This recreational activity has
safety implications due to the nature of the vehicles, rough terrain, and potential risky behavior.
Nationwide, data on OHV injuries and deaths are estimated by the Consumer Product Safety
Commission. These statistics show that of the 4,541 OHV-related deaths that have been reported
2
in the United States since 1982, 40 have occurred in New Mexico. Nationwide, the cumulative
number of reported deaths associated with OHVs increased by 459 since the 2000 to 2001 report.
This is partly attributable to more complete data on public road fatalities that have become
available since 1999. The deaths reported represent a minimum count of OHV-related deaths.
Using a statistical approximation method, an estimated 547 deaths occurred from OHVs in 2000;
a 15.4 percent increase from the 1999 estimate of 474 deaths (Ingle 2002). Estimates of OHV
injuries requiring an emergency room visit have more than doubled in recent years—from 54,700
in 1997 to 111,700 in 2001. There was a statistically significant increase in the estimated number
of injuries for 2001, up about 17 percent from 2000. About a third of the victims injured in 2001
were younger than 16 years old (Ingle 2003).
2.? Recreational Shooting and Hunting
All firearm use, including recreational target shooting and hunting, carries a certain degree of
risk to both participants and nonparticipants. Recreational shooting occurs at organized shooting
ranges; Indicate authorized shooting ranges here? under the Recreation and Public Purposes
(R&PP) Act. Open shooting also occurs in dispersed, informal locations throughout the Planning
Area. Dispersed recreational shooting is not prohibited from BLM-administered lands, although
this activity has not been officially sanctioned. Shooting restrictions do not prohibit legitimate
hunting activities except within one-half mile of developed recreational sites or areas (USDI,
BLM 1995a).
Concerns were raised during public scoping regarding the safety of some recreational shooting
and hunting activities. These concerns pertained principally to hunters and recreational shooters
leaving trash, including homemade targets and empty cartridges that pose a safety or
contamination hazard (USDI, BLM 2005e). Indicate Unofficial Shooting ranges here?
2.? Other Recreational Activities
Almost any recreational activity may be hazardous to the participants and, in some
circumstances, to nonparticipants. Exercising appropriate caution, using appropriate gear, and
wearing the correct clothing helps to reduce the risk of injury.
2.? Abandoned Mines and Prospects
A number of active and abandoned mines and prospects are located throughout the Planning
Area. Visitors often find abandoned mines and prospects attractive to explore and may be
exposed to hazards at these sites. Features that could pose public safety hazards at abandoned
mining sites include, but may not be limited to the following:
•
•
•
•
•
Open and unstable shafts, adits, drifts, pits, tailings piles, wells, or other excavations
Dilapidated and unstable buildings or other structures
Collapsed buildings or other structures
Mining implements or construction debris
Hazardous or toxic materials
3
On-the-ground abandoned mine lands inventories have been conducted under a 1993 BLM
directive that established common data elements to ensure that AML information would be
characterized consistently. To date, only a small percent of all public lands have been
inventoried. The abandoned mine lands data collected have been compiled into an Abandoned
Mine Lands Inventory System. Do we have abandoned mines inventoried here in the Rio Puerco
Field Office? Locatable, leasable, and saleable mining districts are shown on Map 2-10
through Map 2-16 in Section 2.2.2, Minerals.
While most mines are hazardous primarily in terms of public safety, the potential for hazardous
material and solid waste dumping in old mine shafts exists. Mine tailings located at both active
and closed mine sites pose additional potential hazardous effects, including leaching of
chemicals into the soils and/or groundwater from mine tailing piles and airborne hazardous
wastes.
2.? Air Transportation and Military Operations
Military operations are conducted within the Planning Area at Do we have this kind of activity
here? Base. These military operations use restricted airspace for low-level training exercises.
While rare, there is a remote possibility of aircraft crashes during military training operations. In
addition, restrictions on access are implemented to reduce risks related to potential missile or
debris impacts from activities.
2.? Unexploded Ordnance
Live munitions are often used during military training operations. In most cases, these munitions
detonate on impact, but there is the remote possibility that the ordnance would not explode.
UXO, which represents an immediate public safety hazard, may be located on the ground surface
or may be buried beneath the surface as a result of the momentum of impact. Training munitions
may contain propellants (such as solid fuel rocket or missile motors or “live” ammunition
propellant cartridges [cannon or machine gun rounds]), pyrotechnics (such as in flares),
incendiaries (such as tracer rounds or white phosphorus), or other explosive agents. Training
munitions also may include small explosive charges used to produce smoke to reveal the location
hit when the bomb, rocket, or missile is delivered, but do not produce high-yield detonation,
pyrotechnic, or incendiary effects. Expended training munitions that contain these substances
because they failed to detonate, burn, or discharge retain the potential to cause severe injury or
death if they are disturbed or mishandled. Expended “live” warfighting munitions that fail to
detonate, burn, or discharge, or do so incompletely, retain a high potential to kill or injure over a
large area of effect. In addition to being an explosive safety hazard, UXO is a potential chemical
hazard. UXO that detonates upon delivery may contain unburned residues of chemical
constituents and may produce combustion by-products.
2.? Livestock Operations
Livestock grazing operations appear to present minimal risk to public visitors to public lands but
potentially could impact public safety as a result of collisions between livestock and vehicles,
4
encounters with agitated livestock, or visitor mishaps at range improvements such as stock
ponds, fences, or wells. Are there any instances of this in this resource area?
2.? Crimes Against Persons and Property
Illegal dumping, vandalism, and discharging of firearms were listed as concerns during the
scoping process (USDI, BLM 2005e). Based on a projected increase in population, it is
anticipated that there will be a proportionate increase in the urban interface issues already facing
the BLM in the Planning Area.
What is our Law enforcement like now? Statewide, the Law Enforcement Program consists of 6
Special Agents (5 in New Mexico, 1 in Oklahoma), a State Staff Ranger, a Law Enforcement
Technician, and 13 uniformed Rangers (12 in New Mexico, and 1 in Texas). Additionally, one
Special Agent is devoted full time to Archaeological Resources Protection Act crimes.
Investigations of paleontological thefts are on the rise, and agents also investigate incidents of
vegetative theft, Wild Free-Roaming Horses and Burros Act violations, and hazardous materials
violations (USDI, BLM 2005f).
BLM officers take an active role in hunting and fishing enforcement on public lands in the
Planning Area. Other resource and recreation crimes occurring on public lands involve
abandoned property, camping and fee violations, permitted or authorized use, health and safety,
closures, traffic offenses, and occupancy trespass violations (USDI, BLM 2005f). Resource
damage and visitor, employee, and public safety are BLM law enforcement issues (USDI, BLM
2005f).
2.? Wildfires
Wildfires have the potential to endanger persons or property. The density and types of vegetation
and the consequent likelihoods of natural or human-caused fires vary greatly due to differences
in elevation, climate, soils, and topography in the Planning Area.
2.? Regulated Hazardous Materials/Hazardous Waste Sites
Federal, State, and local environmental agencies regulate the use, generation, storage, treatment,
or disposal of hazardous materials and chemicals or the release of any materials in accordance
with the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA),
the Resource Conservation and Recovery Act (RCRA), and other applicable laws. The National
Priorities List, maintained by the EPA and regulated under CERCLA, identifies uncontrolled or
abandoned hazardous waste sites where priority remedial actions are performed under the
Superfund Program (see Chapter 6 for more information). No Superfund sites are known to be
located in BLM’s Decision Area.
Does this apply to us? Potentially hazardous waste sites that have been reported to the EPA by
States, municipalities, private companies, and private persons are identified in the CERCLA
Information System. The sites that are located within the Planning Area are identified in Table 2?. Some sites that are investigated require some degree of remedial action. Once it is determined
5
that no further remedial action is necessary, it is identified in the CERCLIS database (column 2
Table 2-47). Listed sites showing no data are still under investigation to determine what remedial
action will be required. The date of completion (column 3) indicates the date that all
investigations were completed. Where no date is listed, the file remains active.
Facilities that are involved in the generation, transportation, storage, or disposal of hazardous
materials are regulated under RCRA. RCRA facilities located within the Planning Area include
the Do we have any?
Leaking underground storage tanks have the potential of introducing contaminants into the
groundwater or surrounding areas. Although some registered underground storage tanks and
leaking underground storage tanks are located on lands within the Planning Area, no active
leaking underground storage tank cases have been reported within the Decision Area (NMED
2005, Phillips 2005b). Is this true?
Do we have any? Formerly Used Defense Sites are located within the Planning Area. These sites
are notable because of the potential for the presence of UXO and hazardous materials. The
potential for the presence of hazards at each site is noted in column 4. All of the project files are
completed and closed as shown in column 5. The status of each of these sites is listed on Table 275.
2.? Regulated Landfills
The construction of landfills on BLM-administered public land has historically been
accomplished under the R&PP Act (see Section 2.2.5). How many do we have? R&PP leases
have been issued for landfill facilities in the Decision Area between 19? and 19?. Of these, What
is the status of these facilities? BLM no longer has the authority to lease public land for
landfills.
2.? Trash Dumping
A significant issue related to hazardous and nonhazardous waste on public lands is the practice
of abandoning solid and hazardous waste items. Unregulated sites include illegal “wildcat” dump
sites, where solid and hazardous wastes are abandoned in locations other than established landfill
facilities.
These occurrences range in severity and volume from isolated episodes of individuals dumping
household trash and appliances, to disposal of items by businesses.
2.1.33.3. Social and Economic Conditions
This section describes the social and economic conditions within the Planning Area in terms of (1)
economic value of products and uses related to public land; (2) employment, income, and subsistence
related to the resources and uses of public land; (3) public finance and government services; (4) social and
demographic conditions; and (5) place-based values.
2.1.33.3.1. Economic Value
6
For the following discussion of economic value, the Study Area includes statewide and county-level data.
Together, these data indicate how activities in the Planning Area contribute to the regional and statewide
economic health and viability of a particular sector (e.g., mineral development, recreation).
2.1.33.3.2. Current Condition
2.1.33.3.3. Trends
2.1.33.3.4. Forecast
2.1.33.3.5. Key Features
3.2.31.1 Tribal Interests
Table 3.36 Current Management for Tribal Interests
Current Management
Decision
Planning
Decision
Number
Decision Source
Status
3.2.31.2 Public Safety
A primary objective of the 2004 Statewide Fire and Fuels Management Plan Amendment is to
reduce the risk to human life and property from wildland fire (USDI, BLM 2004b). Treatments
are focused on public land within wildland/urban interface areas. The 2004 Fire Management
Plan prepared by the Las Cruces Field Office (USDI, BLM 2004a) calls for fire and resource
personnel to improve protection of human life and property through aggressive fire protection,
reduction of hazardous fuels, and restoration of fire damaged ecosystems. Above all, firefighter
and public safety is the first priority in every fire management activity (USDI, BLM 2004a).
Additional information on related management decisions is provided in Section 3.8.
In addition, BLM’s Instruction Memorandum (IM) 2000-182, Mitigating and Remediating
Physical Safety Hazards at Abandoned Mine Land (AML) Sites, establishes policy, priorities,
and plans to support the elimination or reduction of physical hazard and safety risks at
abandoned mine lands. The long-term goal of the BLM is to eventually identify and address
hazards at every known AML site on public lands. Since resources are unavailable to accomplish
this goal in the short term, the immediate priority is to clean up those AML sites situated in
locations where a death or injury has occurred and the site has not already been addressed, or at
those sites that are situated on or in immediate proximity to developed recreation sites and areas
with high visitor use (USDI, BLM 2000c).
In 1999, a Memorandum of Understanding/Joint Powers Agreement (MOU/JPA) between the
NMEMNRD and the BLM New Mexico State Office established cooperative procedures to
accomplish the reclamation of abandoned mine sites on BLM-administered lands and replaced
the MOU/JPA that expired on August 31, 1995 (NMEMNRD 1999).
7
3.2.31.3 Hazardous Materials
As part of the maintenance and management of the public lands a variety of hazardous materials
are utilized. These include paint (both in gallon cans and spray cans), paint thinner, automobile
lubricants (oil and grease), chainsaw fuel and lubricants, fusee, and propane. There is a 55-gallon
drum that is used to temporarily store used motor oil, which eventually is disposed of through a
licensed recycling service. The Socorro Field Office uses three fire-proof cabinets to store the
paint, automobile lubricants, chainsaw fuel and lubricants, and the chainsaws themselves. These
cabinets are kept in a quonset hut storage facility located in the ware yard area away from the
office building. Likewise, the propane is stored in this facility in standard 20-pound bottles.
Another management technique used by BLM is prescribed burning. These prescribed fires are
started using either drip torches or fusee. The fuel for the drip-torches used in these operations is
a mixture of gasoline and diesel (3 or 4 parts diesel to one part gasoline). Approximately
100 gallons of this fuel mixture is stored in the ware yard area of the Field Office in a separate,
fire-proof metal storage building. Spill containment is integrated into the building design and the
door is kept locked at all times to prevent access by unauthorized personnel.
Regular inventories are performed to track the types and amounts of all these materials
maintained at the Rio Puerco Field Office and Material Safety Data Sheets (MSDSs) are kept on
file for each of these materials as well.
3.2.31 Social and Economic Conditions
Although there are existing management decisions with implications for social and economic
conditions in the Planning Area, there are no decisions that are based solely on social or
economic management. FLPMA requires that “management [of public lands] be on the basis of
multiple use and sustained yield unless otherwise specified by law” (43 U.S.C. 1701 [a][7]). The
definition of “multiple use” in FLPMA incorporates meeting the present and future needs of the
American people; making the most judicious use of the land for some or all of these resources or
related services over areas large enough to provide sufficient latitude for flexibility; the use of
some land for less than all of the resources; a combination of balanced and diverse resource uses
that takes into account the long-term needs of future generations for renewable and
nonrenewable resources, with consideration being given to the relative values of the resources
and not necessarily to the combination of uses that will give the greatest economic return or the
greatest unit output (43 U.S.C. 1702 103[c]). The term “sustained yield” is defined as “the
achievement and maintenance in perpetuity of a high-level annual or regular periodic output of
the various renewable resources of the public lands consistent with multiple use” (43 U.S.C.
1702 [h]).
Management direction is further provided in BLM’s Land Use Planning Handbook (H-1601),
particularly Appendix D: Social Science Considerations in Land Use Planning Decisions (USDI,
BLM 2005c); BLM Instruction Memorandum No. 2002-167, Social and Economic Analysis for
Land Use Planning (USDI, BLM 2002c); and BLM Instruction Memorandum No. 2002-164,
Guidance to Address Environmental Justice in Land Use Plans and Related National
Environmental Policy Act Documents (USDI, BLM 2002d).
8
4.2.13. Social and Economic Conditions
4.2.13.1. Tribal Interests
Table 4.36 Adequacy of current management direction and options for change for Tribal
Interests
Planning Decision
Insert decision title
and/or description.
Is decision
responsive
to current
issue?
Remarks (Rationale)
(Y/N)
Describe why the decision
is/is not adequate.
Options for
Change
Insert options for
changing
management.
As appropriate,
include decisions
from other
jurisdictions that
warrant
consideration.
4.2.13.2. Public Safety
4.2.13.2.1. Abandoned Mines
Table 4.37 Adequacy of current management direction and options for change for Abandoned
Mines
Planning Decision
Insert decision title
and/or description.
Is decision
responsive
to current
issue?
Remarks (Rationale)
(Y/N)
Describe why the decision
is/is not adequate.
Options for
Change
Insert options for
changing
management.
As appropriate,
include decisions
from other
jurisdictions that
warrant
consideration.
4.2.13.2.2. Debris Flows
Table 4.38 Adequacy of current management direction and options for change for Debris Flows
9
Planning Decision
Insert decision title
and/or description.
Is decision
responsive
to current
issue?
Remarks (Rationale)
(Y/N)
Describe why the decision
is/is not adequate.
Options for
Change
Insert options for
changing
management.
As appropriate,
include decisions
from other
jurisdictions that
warrant
consideration.
4.2.13.2.3. Hazardous Materials
Table 4.39 Adequacy of current management direction and options for change for Hazardous
Materials
Planning Decision
Insert decision title
and/or description.
Is decision
responsive
to current
issue?
Remarks (Rationale)
(Y/N)
Describe why the decision
is/is not adequate.
Options for
Change
Insert options for
changing
management.
As appropriate,
include decisions
from other
jurisdictions that
warrant
consideration.
4.2.14. Social and Economic Conditions
Table 4.40 Adequacy of current management direction and options for change for Social and
Economic Conditions
Planning Decision
Insert decision title
and/or description.
Is decision
responsive
to current
issue?
Remarks (Rationale)
(Y/N)
Describe why the decision
is/is not adequate.
10
Options for
Change
Insert options for
changing
management.
As appropriate,
include decisions
from other
jurisdictions that
warrant
consideration.
5.20 Social and Economic Conditions
Table 5.1 Consistency/Coordination with Other Plans
Document Title
Date/Adopted
Summary
6.34 Tribal Interests
6.34.1 Federal laws, regulations, statues and orders
6.34.2 Policies
6.34.3 NEPA Documents
6.34.4 MOUs
6.34.5 Other
6.34.6 State Laws and Regulations
6.34.7 Other Local
6.35 Public Safety
The National Priorities List for hazardous waste sites is regulated under the CERCLA, which
identifies uncontrolled or abandoned hazardous waste sites where priority remedial actions are
performed under the Superfund Program. To be included on the National Priorities List, a site
must meet or surpass a predetermined hazard ranking system score, must be chosen as a State’s
top-priority site, or must be the subject of all three of the following actions: (1) the U.S.
Department of Health and Human Services issues a health advisory recommending that people
be removed from the site to avoid exposure, (2) the EPA determines that the site represents a
significant threat, and (3) the EPA determines that remedial action is more cost-effective than
removal action.
Under the RCRA, hazardous waste is tracked from the point of generation to the point of
disposal. To track this, the EPA compiles databases of facilities that are involved in the
generation, transportation, storage, or disposal of hazardous materials. These databases are
maintained to identify facilities that treat, store, or dispose hazardous materials. Other lists are
maintained to track facilities that are currently undergoing or have undergone “corrective
action.” A “corrective action order” is issued pursuant to RCRA, Section 3008 (h) when there
11
has been a release of hazardous waste or constituents into the environment from a RCRA
transportation, storage, or disposal facility. Corrective actions may be required beyond the
facility’s boundary and can be required regardless of when the release occurred, even if it
predates the RCRA.
6.35.1. Abandoned Mines
6.35.1.1. Federal laws, regulations, statues and orders
6.35.1.2. Policies
6.35.1.3. NEPA Documents
6.35.1.4. MOUs
6.35.1.5. Other
6.35.1.6. State Laws and Regulations
6.35.1.7. Other Local
6.35.2. Debris Flows
6.35.2.1. Federal laws, regulations, statues and orders
6.35.2.2. Policies
6.35.2.3. NEPA Documents
6.35.2.4. MOUs
6.35.2.5. Other
6.35.2.6. State Laws and Regulations
6.35.2.7. Other Local
6.35.3. Hazardous Materials
This section provides a description of the existing management of hazardous materials, including
former municipal solid waste landfill facilities (MSWLF), at the Rio Puerco Field Office.
6.35.3.1. Federal laws, regulations, statues and orders
The management of hazardous materials and wastes is regulated under the Resource
Conservation and Recovery Act (RCRA) of 1976 as amended by the Hazardous and Solid Waste
Amendments of 1984, the Federal Facilities Compliance Act of 1992 and the Land Disposal
Program Flexibility Act of 1996. These statutes, along with the promulgated regulations found in
40 CFR Parts 240-282, regulate hazardous waste management (Subtitle C), solid waste
management (Subtitle D) and underground storage tanks (Subtitle I). RCRA provides specific
requirements for the “cradle to grave” management of hazardous materials, hazardous wastes,
and solid wastes by generators; transporters; and treatment, storage and disposal (TSD) facilities.
In addition, specific regulations have been promulgated regarding underground storage tanks
used to store petroleum products and hazardous substances.
The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of
1980 as amended by the Superfund Amendments and Reauthorization Act (SARA) of 1986,
established a program for the reporting and cleanup of hazardous substances commonly referred
to as the Superfund program. The enforcing regulations can be found in 40 CFR Parts 300-374.
Superfund established guidelines for identifying hazardous substances either through lists of
12
specific substances or by their characteristics (reactivity, corrosivity, and ignitability). Specific
requirements were also established for reporting releases of hazardous substances as well as
cleaning up those releases. A trust fund was created to fund the clean-up of abandoned or
uncontrolled hazardous waste sites if the responsible party cannot be identified or is unable to
pay. EPA is required to identify hazardous waste sites and maintain a National Priorities List
(NPL) of sites that require remedial action.
The RCRA statute made available to individual states the right to create their own program in
lieu of the Federal program established in the legislation. These state programs must be approved
by EPA, which promulgates and enforces the Federal regulations and programs. Under the
Environmental Protection Division of the NMED, the Solid Waste Bureau enforces the solid
waste regulations found in Title 20, Chapter 9 of the New Mexico Administrative Code (20.9
NMAC). The Petroleum Storage Tank Bureau enforces the underground storage tank (UST)
regulations found in 20.5 NMAC. Under the Water and Waste Management Division, the
Superfund Oversight Section of the Groundwater Quality Bureau assists EPA through
characterization of hazardous waste sites, identifying sites that require remedial action,
management assistance of hazardous waste sites, and delisting sites from the NPL through
cleanup activities. There are currently 12 sites in New Mexico listed on the NPL. One of these
sites is on public land; however, it is not in the Planning Area (the Lee Acres Landfill is an NPL
site located in Farmington, New Mexico). The Hazardous Waste Bureau regulates all present
hazardous waste management activities to prevent degradation of the environment.
The Recreation and Public Purposes Act was enacted by Congress in 1954 as a complete revision
of the Recreation Act of 1926. The act authorizes the sale or lease of public lands for recreational
or public purposes to State and local governments and to qualified nonprofit organizations. The
act restricts the recipients of this land as well as the amount of land that can be acquired. One of
the typical uses of this land is for municipal solid waste landfills.
6.35.3.2. Policies
6.35.3.3. NEPA Documents
6.35.3.4. MOUs
6.35.3.5. Other
6.35.3.6. State Laws and Regulations
Mining activities in New Mexico are regulated by the Mining Environmental Compliance
Section (MECS) of the Groundwater Quality Board. The MECS performs the following three
main functions as given in 20.6.2.3103 NMAC:
•
•
The issuance and management of discharge permits for mine sites. Discharge permits contain
monitoring, operations, contingency, and closure plans. Discharge permits are required when
a discharge (waste rock, tailings, raffinate) has the potential to impact groundwater.
The management of administrative orders on consent (AOC) with mine sites. An AOC is an
agreement between a responsible party and the State of New Mexico that provides
expeditious Superfund-like investigations and remedies with the understanding of the
Environmental Protection Agency.
13
•
The review of minimal impact mining sites to confirm that the sites do not need a discharge
permit and to provide a determination to the Mining and Minerals Department of the
NMEMNRD.
Those sites not requiring discharge permits are regulated solely by the Mining and Minerals
Division of the NMEMNRD. Within the Mining and Minerals Division, there are several
programs for various activities. The Abandoned Mine Land Bureau was created by the SMCRA
and is responsible for reclamation of abandoned mine lands. The Coal Mine Reclamation
Program (CMRP) was created in the early 1980s as part of the SMCRA and regulates active coal
mining operations on all lands (except Indian land) through permitting, inspection and
enforcement as codified in 19.8 NMAC. The MARP was created under the New Mexico Mining
Act of 1993 and codified in 19.10.2 NMAC to regulate hardrock mining reclamation activities
for all minerals except potash, sand, gravel, quarry rock used as aggregate in construction,
flagstone, caliche, clay, adobe, borrow dirt, and activities regulated by the Nuclear Regulatory
Commission or waste regulated under Subtitle C of RCRA. The Mine Registration, Reporting
and Safeguarding (MRR&S) Program is responsible for the registration of active mines in New
Mexico as well as safeguarding deactivated mining sites under 19.7 NMAC.
Exploration and production activities for oil and natural gas in New Mexico are regulated by the
Oil Conservation Division of the NMEMNRD. Specifically it is charged with the responsibility
of gathering oil and gas production data, permitting new wells, establishing pool rules and oil
and gas allowables, issuing discharge permits, enforcing rules and regulations of the division,
monitoring underground injection wells and insuring that abandoned wells are properly plugged
and the land is responsibly restored. The governing rules and regulations can be found in 19.15
NMAC.
The Air Quality Bureau of NMED regulates a wide variety of issues and activities regarding
ambient air quality. The Air Quality Bureau accomplishes its mission through strategic planning
to ensure that all air quality standards are met and maintained, issuing air quality Construction
and Operating Permits, and enforcing air quality regulations and permit conditions. The Air
Quality Bureau consists of the Permits Section, the Planning and Policy Section, the Compliance
and Enforcement Section, and the Operations Section. The regulations can be found in 20.2
NMAC.
6.35.3.7. Other Local
6.36 Social and Economic Conditions
6.36.1 Federal laws, regulations, statues and orders
Several legal mandates require that BLM consider social and economic information to ensure
informed, legally defensible land use planning decisions. Section 202 of the Federal Land Policy
and Management Act of 1976 (FLPMA) requires BLM to “…use a systematic interdisciplinary
approach to achieve integrated consideration of physical, biological, economic, and other
sciences…” in the development and revision of land use plans (43 U.S.C. 1712[c][2]). In
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addition, Section 102 of the National Environmental Policy Act (NEPA) requires Federal
agencies to “…utilize a systematic, interdisciplinary approach which will insure the integrated
use of the natural and social sciences and the environmental design arts in planning and decision
making which may have an impact on man’s environment ”(42 U.S.C. 4332[2][A]).
Federal agencies are required to address environmental justice concerns in accordance with
Executive Order 12898, Environmental Justice. Specifically, agencies must “identify and
address…disproportionately high and adverse human health or environmental effects of its
programs, policies, and activities on minority populations and low-income populations in the
United States.” The Council on Environmental Quality has issued guidance for addressing
environmental justice under NEPA (CEQ 1997).
6.36.2 BLM Policies
Policy guidance for completing socioeconomic analyses required under FLPMA and NEPA is
provided by BLM Handbook H-1601-1 (or Land Use Planning Handbook, USDI BLM 2005c).
Appendix D specifically addresses Social Science Considerations in Land Use Planning
Decisions, and provides guidance for data collection and impact analysis. The breadth of social
science information to be incorporated into the planning process includes economic, political,
social, and cultural considerations. BLM Instruction Memorandum No. 2002-167, Social and
Economic Analysis for Land Use Planning (USDI, BLM 2002c) also provide guidance on
approaches to analyses to support land use plans.
BLM’s Land Use Planning Handbook directs that all potential social and economic effects on
any distinct group be considered. The incorporation of environmental justice concerns into a
planning effort is not limited to impact analyses; collaborative efforts throughout the planning
process should be designed to include all potentially affected groups, communities, and agencies
in the identification of issues, data collection, and mitigation development. In addition, BLM has
issued Instruction Memorandum No. 2002- 164, Guidance to Address Environmental Justice in
Land Use Plans and Related National Environmental Policy Act Documents (USDI, BLM
2002d).
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