Establishment of Supplementary Rules

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[OR-128-6332-00; Gp7-0180]

Establishment of Supplementary Rules

AGENCY: Bureau of Land Management, Department of the Interior.

ACTION: Establishment of Supplementary Rules for the Sixes River

Recreation Area.

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SUMMARY: The Coos Bay District proposes new supplementary rules to

regulate recreational placer mining activities at the Sixes River

Recreation Site in Curry County, Oregon and further describe penalties

for violation of these proposed rules. The rules are designed to

implement the existing Code of Federal Regulations and ensure

consistency with recently adopted Oregon State rules and regulations

governing the same activities. The supplementary rules apply only to

the Sixes River Recreation Site.

The Sixes River, which passes through the Sixes River Recreation

Area, has been designated as essential indigenous anadromous salmonid

fish habitat by the Oregon Division of Fish & Wildlife (ODF&W). In

accordance with this designation, the ODF&W, the Oregon Department of

Environmental Quality, and the Oregon Division of State Lands, adopted

rules requiring authorization and permitting of mining and recreational

placer mining activities, limitations on equipment size, and the

establishment of in-water work periods governing these activities.

The Bureau of Land Management administers the public land the Sixes

River crosses and has an interest in the protection of the water

related resources, the adjoining riparian and terrestrial resources,

and the protection of the physical developments existing at the

recreation site.

Supplementary Rules

1. To ensure consistency with Oregon State rules and regulations

governing placer mining activities at the Sixes Recreation Site, the

following acts are prohibited.

a. Panning (manual or motorized), sluicing (manual or motorized),

or dredging in streambed without the required general authorization or

permit issued by the appropriate State

Agency (ies).

b. Operating a motorized dredge rated over 10 horsepower, or having

an intake suction hose over 4 inches in diameter.

c. Conducting panning, sluicing, or dredging outside the seasonal

in-water work period specified by the ODF&W.

2. In order to enhance recreational opportunities and protect

public resources at Sixes River Recreation site the following acts are

prohibited:

a. Excavating and processing materials outside the existing wet

perimeter. ``Wet Perimeter'' as defined in State rules and regulations

is that area of the streambed which is under water, or exposed as a

non-vegetated gravel bar surrounded on all sides by actively moving

water, at the time the mining activity occurs.

b. Impounding of water or excavating to extend the natural wet

perimeter existing at the time mining activity occurs.

c. Removing, disturbing, or excavating of any soil or vegetation

within the area outside of the wet perimeter.

Comment Period

The BLM requests comments from the public concerning the above

supplemental rules and prohibited acts. The comment period will be open

for 30 days from the date of publication of this notice. Comments

received or postmarked after this 30-day period may not be considered.

EFFECTIVE DATE: Unless substantive changes are made to the proposed

Supplementary Rules for the Sixes River Recreation Area as a result of

public comments received in response to this

[[Page 28497]]

Federal Register notice, these supplementary rules and prohibited acts

will become effect July 7, 1997.

FOR FURTHER INFORMATION CONTACT: Neal Middlebrook, Area Manager,

Myrtlewood Resource Area, Bureau of Land Management, 1300 Airport Lane,

North Bend, Oregon 97459 (541) 756-0100.

SUPPLEMENTARY INFORMATION: Authority for the establishment of these

proposed Supplementary Rules for the Sixes River Recreation Area and

Prohibited Acts is contained in 43 CFR, Chapter II, subpart 8360-3 and

8365.1-6. Person or persons violating or failing to comply with these

rules may be subject to penalties provided for in 43 CFR 8360.0-7 and

43 CFR 9262.1, which include a fine not to exceed $1000.00 and/or

imprisonment not to exceed twelve (12) months.

Dated: May 6, 1997.

Edward W. Shepard,

District Manager.

[FR Doc. 97-13554 Filed 5-22-97; 8:45 am]

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