Closures and Restrictions: Oregon and Washington

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]

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