[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