Prohibited Acts on Public Lands Within the Boundaries of National Wild and Scenic Rivers in the Salem District; Oregon

DEPARTMENT OF THE INTERIOR

[OR-080-081-0777-33; GP8-0179]

Prohibited Acts on Public Lands Within the Boundaries of National

Wild and Scenic Rivers in the Salem District; Oregon

agency: Bureau of Land Management, Interior, Salem District.

action: Notice and request for comments.

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summary: The Bureau of Land Management (BLM) is proposing to establish

a set of special rules which apply to public use of land and water

surfaces administered by the BLM within the boundaries of any National

Wild and Scenic River in the Salem District. These special rules

include acts which are prohibited. The five National Wild and Scenic

Rivers in the Salem District include segments of the Sandy River,

Salmon River, Clackamas River, Quartzville Creek, and Elkhorn Creek.

supplementary information: A copy of the prohibited acts and maps

showing BLM-administered lands and the designated boundaries of each

National Wild and Scenic River segment in the Salem District are

available at the Salem District Office. Legal descriptions of the

boundaries are also available at the Salem District Office.

comment period: Interested parties many submit comments within 30 days

of the publication of this notice. Please send comments to the Salem

District Manager, Attention: Law Enforcement, 1717 Fabry Road SE,

Salem, Oregon, 97306. Any adverse comments will be evaluated by the

District Manager, who may vacate or modify these actions and issue a

final determination.

effective date: In the absence of any further action by the District

Manager, these special rules will become the final determination of the

Department of the Interior, on or before July 1, 1998.

for further information contact: Greg Tyler at (503) 375-5623.

Special Rules

Pursuant to 43 CFR 8351.2-1, the following acts are prohibited on

the land and water surfaces administered by the BLM, Salem District,

within the designated boundaries of a National Wild and Scenic River.

The acts are prohibited to help protect natural resources and to

provide for public safety and enjoyment. Authorization for exemption

from a prohibited act must be obtained from a BLM authorized officer,

as defined in 43 CFR 8360.0-5(a), prior to the use of BLM-administered

land and water surfaces in the Salem District.

1. Overnight Camping

a. Unless otherwise authorized, camping in dispersed or developed

recreation sites longer than 14 days, either through separate visits or

continuous occupation, during any consecutive 28 day period is

prohibited. Upon reaching the 14 day limit, occupants and all their

possessions must leave BLM-administered lands in the Salem District for

a minimum of 14 consecutive days.

b. Unless otherwise authorized, failing to have at least one person

occupy a camping area at a designated or developed recreation site

during each night after camping equipment has been set up for occupancy

and use.

c. Unless otherwise authorized, failure to pay applicable fees

within 30 minutes of occupying a designated fee site.

d. Unless otherwise authorized, leaving camping equipment or other

personal property unattended for more than 48 hours.

e. Unless otherwise authorized, overnight occupancy of an

administrative site or any area posted as closed to camping.

f. Installation of permanent camping facilities.

g. Unless otherwise authorized, leaving camping equipment, site

alterations, refuse, or animal waste after departing any camping area.

h. Digging or leveling the ground at any campsite where such

disturbance is prohibited.

2. Fires

a. Where prohibited, a campfire outside of a fire pan, metal fire

ring, or similar metal container ring.

b. using or possessing fireworks, firecrackers, or other explosive

devices in violation of State law.

c. Failure to observe any State fire orders or closure regulations.

d. Leaving fire unattended or without completely extinguishing.

e. Burning non-combustible items in a campfire.

f. Throwing or discarding lighted or smoldering material, or

lighting, tending, or using a stove or lantern in such a manner, as to

cause or threaten the burning of property or resources, or to create a

public safety hazard.

3. Sanitation and Refuse

a. Disposal of human body waste except at designated locations in

developed recreation sites.

b. Burying human body waste less than 6-8 inches deep and less than

100 feet from any natural water source.

c. Washing dishes or using soap in a natural water source or less

than 100 feet from any natural water source.

d. Draining any waste water from recreational vehicles or trailers

except at a designated location.

e. Possessing or leaving refuse, debris or litter in an exposed,

unsightly or unsanitary condition.

f. Dumping household, commercial, or industrial refuse, or animal

body parts.

4. Firearms

a. Possessing or discharging a firearm or other weapon in violation

of State or Federal law.

b. Discharging a firearm or other weapon within \1/4\-mile of a

residence, building, developed recreation site, environmental education

site, or occupied area.

c. Discharging a firearm or other projectile weapons such as bows

and arrows, crossbows, air rifles, or paint ball guns into or from

within any area posted as a ``no shooting,'' or ``safety zone.''

5. Recreational Mining

a. Use of motorized mining equipment in violation of State law.

b. Use of a dredge equipped with a suction hose having an inside

diameter greater than four inches, regardless of nozzle size, in a

designated recreational mining area.

c. Digging in river banks or disturbing vegetation in river banks

above the

[[Page 29748]]

ordinary high water mark in a designated recreational mining area.

6. Other Acts

a. Taking, attempting to take, or possession of any fish or

wildlife in violation of State or Federal law.

b. Entering an area posted as closed to public entry.

c. Failure to restrain pets on a leash or in a cage at all times in

developed recreation sites or other areas where required.

d. Using or riding horses in areas where prohibited.

e. Being nude where a person may be seen by the general public.

f. Firewood gathering (including driftwood, dead and down wood) in

areas where prohibited.

g. Selling or offering for sale any services or merchandise, or

conducting any kind of business enterprise without a BLM permit.

h. Aircraft landing without authorization.

i. Violations by permittee of any stipulations outlined in a

Special Recreation Use Permit.

j. Defacing, disturbing, or removing any natural or cultural

feature or property of the U.S. Government.

7. Disorderly Conduct

a. A person commits disorderly conduct when, with the intent to

cause public alarm, nuisance, jeopardy or violence, or knowingly or

recklessly committing a risk thereof, such a person commits any of the

following prohibited acts:

1. Engage in fighting, threatening or violent behavior.

2. Language, gesture, display or act that is obscene (as defined in

State law), physically threatening, menacing, or likely to inflict

injury or incite a breach of peace.

3. Making noise that is unreasonable (based on location, time of

day, or other factors that would govern the conduct of a reasonably

prudent person).

4. Display of a firearm or other weapon in a threatening or

menacing manner.

b. Operating generator, amplified music and other excessive or loud

noise from 10 p.m. to 7 a.m.

c. Threatening, resisting, intimidating or interfering with any BLM

official, employee or volunteer in, or on account of, the performance

of official duties.

8. Vehicles

a. Operating a vehicle in violation of State law.

b. Parking in a way that impedes or obstructs traffic or creates a

traffic safety hazard.

c. Parking in an area posted as closed to parking.

d. Using a motorized or mechanical transportation device (i.e,

bicycles) in areas where prohibited.

e. Exceeding posted speed limits.

f. Disregarding traffic control devices.

9. Boating

a. Violation of any State Marine Board regulation.

10. Alcoholic Beverages and Controlled Substances

a. Consuming, possessing, or furnishing alcohol or a controlled

substance in violation of State law.

b. Operating a vehicle or watercraft when under the influence of

alcohol or a controlled substance in violation of State law.

Penalties: Any person convicted of violating any prohibition

established by this notice, may be subject to the penalties provided in

43 CFR 8351.2-1 (f), which include a fine not to exceed $500, and/or

imprisonment not to exceed 6 months, and costs the proceedings, as well

as, penalties provided under State Law.

Van Manning,

District Manager, Salem District Office.

[FR Doc. 98-14324 Filed 5-29-98; 8:45 am]

BILLING CODE 4310-33-M