[Federal Register Volume 59, Number 78 (Friday, April 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9726]
[[Page Unknown]]
[Federal Register: April 22, 1994]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[CA-068-94-4191-04]
Emergency Closure of Public Lands; California
AGENCY: Bureau of Land Management, Department of the Interior.
ACTION: Emergency closure of certain public lands to placer dry wash
and sluice mining without prior approval of the Bureau of Land
Management.
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SUMMARY: In accordance with title 43, Code of Federal Regulations,
Sec. 8364.1, notice is hereby given that all the below listed lands
administered by the Bureau of Land Management (BLM) have been closed to
placer dry wash and sluice mining operations except for mining
operators in possession of BLM approved plans of operations under
surface management regulations in title 43, Code of Federal
Regulations, Sec. 3809.1-6. Placer dry wash and sluice operations are
defined as use of equipment that screen out course materials and use
forced air, pumped water or other mechanisms to transport screened and
unconsolidated placer materials across riffles, fabrics or other
devices designed to separate out gold and other heavy minerals.
This closure effects ALL of the public lands located within the
following lands of the Coolgardie and Lane Mountain areas in San
Bernardino County, California:
Mount Diablo Meridian
T. 32 S., R. 47 E.,
Secs. 3, 4, 6, 8, 9, 10, 15, 18, 20, 21, 22, 27, 28, 29, 30, 31,
32, 33, 34.
T. 32 S., R. 46 E.,
Secs. 2, 4, 6, 8, 10, 12, 14, 18, 19, 20, 22, 24, 25, 26, 27,
28, 30, 31, 32, 33, 34, 35.
San Bernardino Meridian
T. 12 N., R. 1 W.,
Secs. 31, 32, 34, 35.
T. 12 N., R. 2 W.,
Secs. 31, 32, 34, 35.
A total of approximately 29,100 acres of public lands.
This closure affects only public lands. Mining operators with BLM
approved plans of operations for lands within this closure area are
unaffected.
DATES: This emergency closure action becomes effective April 18, 1994
and will remain in effect for one year or until the Authorized Officer
determines that the closure is no longer necessary. This closure may be
extended at the discretion of the Authorized Officer if determined
necessary.
SUPPLEMENTARY INFORMATION: This emergency closure is necessary to stop
unauthorized mining in this area that is severely impacting designated
critical habitat of the desert tortoise, a federally listed threatened
species under the Endangered Species Act of 1973 (as amended), as well
as causing undue impairment to scenic, scientific and environmental
values in this portion of the California Desert Conservation Area.
Desert tortoise densities of up to 100-250 tortoises per square mile
exist in this area. A constant influx of unauthorized placer dry wash
and sluice operations is causing a rapid rate of new disturbance in
this area. A minimum of 20 acres of very recent disturbance is directly
attributed to these unauthorized mining operations.
These affected lands are designated Multiple-Use Class L (Limited
Use) in the California Desert Conservation Area Plan of 1980 (as
amended). Plans of operations are required prior to commencing non-
casual use operations within these Class L lands under title 43 Code of
Federal Regulations Sec. 3809.1-4(b)(1). A higher level of protection
shall be attained for these Class L lands under the surface management
regulations in title 43 Code of Federal Regulations Sec. 3809.0-5(k).
The BLM must consult with the U.S. Fish and Wildlife Service (FWS)
on actions that may affect the desert tortoise under Sec. 7 of the
Endangered Species Act (ESA) of 1973 (as amended). On June 1, 1992, the
FWS issued the ``Biological Opinion for Small Mining and Exploration
Operations in the California Desert'' that provides reasonable and
prudent measures to minimize the affect of small mining operations on
the desert tortoise and insure compliance with the ESA. Requiring an
authorized plan of operation for these dry wash and sluice operations
will allow for enforcement of these measures and for compliance with
the ESA.
Stopping unauthorized mining and requiring plans of operations in
this area for all dry wash and sluice operations will also insure
compliance with all applicable laws and regulations pertaining to
mining on these public lands, will insure against additional undue and
unnecessary degradation, and will insure that reclamation requirements
are met. This emergency closure will stop the rapid increase in
unauthorized impacts to these lands and will provide time for the BLM
to identify claimants and operators associated with these impacts, to
issue notices of noncompliance as appropriate, and require reclamation.
The BLM, in consultation with affected interests, will also establish
thresholds for when and if placer dry wash and sluice operations could
be considered as casual use under the surface management regulations in
this Class L and critical desert tortoise habitat area.
PENALTIES: Failure to comply with this closure is punishable by a fine
not to exceed $100,000 and/or imprisonment not to exceed 12 months.
FOR FURTHER INFORMATION CONTACT: John Kalish of the Barstow Resource
Area (Tel. 619-256-3591). Maps of the closure area will be posted and
be available at both the California Desert Information Center at 831
Barstow Road, Barstow CA, the Barstow Resource Area office, 150
Coolwater Lane, Barstow, CA 92311, and on the access roads to the
affected area.
Dated: April 18, 1994.
Karla K.H. Swanson,
Area Manager.
[FR Doc. 94-9726 Filed 4-21-94; 8:45 am]
BILLING CODE 4310-40-M
