95-9193. Closures and Restrictions: Oregon and Washington  

  • [Federal Register Volume 60, Number 72 (Friday, April 14, 1995)]
    [Notices]
    [Pages 19077-19078]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-9193]
    
    
    
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    DEPARTMENT OF THE INTERIOR
    
    Bureau of Land Management
    [OR-933-6332-00; GP5-101]
    
    
    Closures and Restrictions: Oregon and Washington
    
    AGENCY: Bureau of Land Management, Interior.
    
    ACTION: Notice.
    
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    SUMMARY: Pursuant to 43 CFR part 8364, the Bureau of Land Management 
    (BLM) will place certain restrictions on the use of caves located on 
    BLM-administered lands in Oregon and Washington. The purpose of the 
    restrictions is to insure the protection of significant and potentially 
    significant caves on BLM-administered lands in the two states.
        The Federal Cave Resources Protection Act of 1988 (16 USC 4306) 
    states that significant caves on federal lands are an invaluable and 
    irreplaceable part of the Nation's natural heritage and, in some 
    instances, these significant caves are threatened due to improper use, 
    increased recreational demands, urban spread, and lack of specific 
    statutory protection. As provided by the Act, it is also the policy of 
    the United States that federal lands be managed in a manner which 
    protect and maintain, to the extent practical, significant caves. Cave 
    Management regulations define the process and criteria for determining 
    cave significance (43 CFR Part 37, published in the Federal Register, 
    Volume 58, No. 189 on October 1, 1993, pages 51550-51555). In 
    accordance with the Act, federal agencies are required to prescribe 
    policy or regulation which includes management measures to insure that 
    caves under consideration for listing of significance be protected 
    during the period of consideration. The Act further provides for 
    agencies to regulate or restrict use, as appropriate for caves 
    determined to be significant.
        The term ``cave'' means any naturally occurring void, cavity, 
    recess, or system of interconnected passages which occurs beneath the 
    surface of the earth or within a cliff or ledge (including any 
    [[Page 19078]] cave resource therein, but not including any vug, mine, 
    tunnel, aqueduct, or other manmade excavation) and which is large 
    enough to permit an individual to enter, whether or not the entrance is 
    naturally formed or manmade. Such term shall include any natural pit, 
    sinkhole, or other feature which is an extension of the entrance.
        Recreational or other human activities are allowed in caves when 
    consistent with protecting other cave resource values. Foot access and 
    exploration in caves is permissible, unless otherwise limited.
        Until caves are determined significant and management plans are 
    prepared which provide specific management prescriptions, the following 
    interim restrictions will insure the protection of significant and 
    potentially significant caves on federal lands administered by the BLM 
    in Oregon and Washington.
    
    Interim Cave Management Restrictions
    
        1. Where known or potential adverse impacts from human use to 
    threatened, endangered, and/or sensitive plants or animals, cultural 
    resources, biological deposits (i.e. middens, skeletal remains, etc.), 
    or geologic/paleontologic/mineral features are present, the responsible 
    authorized officer shall act to protect these resources. Such actions 
    could include information/education, closures (seasonally or year-
    long), written authorization for activities, or other appropriate 
    measures.
        2. Written authorization will be required from the responsible 
    authorized officer for any activity or installation that could destroy, 
    disturb, deface, mar, alter, harm, remove cave resources or alter the 
    free movement of life into or out of any significant or potentially 
    significant cave. This could include recreational, scientific, 
    educational, commercial or competitive uses. Written authorization can 
    be in the form of an approved management plan, use permit or 
    authorizing letter.
        3. The BLM retains the authority to limit or terminate uses and/or 
    require the restoration of cave resources if it is determined that 
    unacceptable resource damage is occurring.
        4. The BLM will consider proposals for special activities, 
    including placing fixed anchors in a cave, establishing a trail to a 
    cave, research, etc. For existing uses or activity proposals where it 
    is determined that a management plan is required, priority will be 
    given to caves where extensive recreational uses are occurring or 
    significant resource conflicts may be at issue.
        5. Authorized activities or installations are subject to the 
    agency's National Environmental Policy Act (NEPA) process and shall be 
    consistent with the intent of the Federal Cave Resources Protection Act 
    of 1988 and any conditions of existing policy and/or management 
    decisions for the affected cave(s). Written authorization would require 
    the applicant to provide the time, scope, location and specific purpose 
    of the proposed activity and the manner in which the activity is to be 
    performed.
        6. Unless otherwise authorized, the following acts are prohibited 
    in all caves on BLM-administered lands. The responsible authorized 
    officer will take appropriate action needed to reduce or eliminate the 
    occurrence of the acts.
         Willfully defacing, removing or destroying plants or their 
    parts, soil, rocks or minerals, or cave resources
         Building, maintaining, attending or using any fire, 
    campfire or stove
         Smoking
         Camping
         Possessing, discharging or using any kind of fireworks or 
    other pyrotechnic device
         Discharging a firearm, air rifle, gas gun or paint gun
         Possessing a domestic animal
         Depositing or disposing of human waste
         Digging, excavation, or displacement of natural and/or 
    cultural features
         Entering into a cave which requires written authorization; 
    or engaging in any activities for which a written authorization 
    requirement has been established, without having obtained in advance 
    and having in possession such written authorization
         The use of hand drying agents for climbing which are not 
    natural appearing
         New surface disturbing activities within a 350 foot radius 
    of a cave opening or any known cave passages which may adversely impact 
    any significant or potentially significant cave resource value.
        7. Existing installations (e.g. stairs, ladders, fixed anchors, 
    etc.) will be evaluated for retention or removal. Retained and future 
    installations designed and authorized to be left in place should 
    normally be camouflaged to minimize visual impacts. Method of removal 
    or future placement will be pre-approved by the authorized officer and 
    a condition of written authorization. Any non-permanent apparatus or 
    equipment used must be removed immediately after its use.
        8. The use of hand drying agents for climbing requires mitigation 
    measures (chalk balls, pigmented chalk, etc.) to avoid creating a 
    visual impact from residue. If needed, periodic cleaning of drying 
    agents by cave users to the satisfaction of the authorized officer can 
    be required.
    
    Penalties
    
        Any person who violates this closure and restriction notice may be 
    subject to a maximum fine not to exceed $1,000 and/or imprisonment not 
    to exceed twelve months under authority of 43 CFR 8360.0-7.
    
    FOR FURTHER INFORMATION CONTACT: Dave Harmon, BLM, Oregon/Washington 
    State Office, P.O. Box 2965, Portland, Oregon 97208-2965, 503-952-6062.
    
        Dated: April 7, 1995.
    Gretchen Lloyd,
    Chief, Branch of Social Sciences and Resource Data Management.
    [FR Doc. 95-9193 Filed 4-13-95; 8:45 am]
    BILLING CODE 4310-33-P
    
    

Document Information

Published:
04/14/1995
Department:
Land Management Bureau
Entry Type:
Notice
Action:
Notice.
Document Number:
95-9193
Pages:
19077-19078 (2 pages)
Docket Numbers:
OR-933-6332-00, GP5-101
PDF File:
95-9193.pdf