[Federal Register Volume 60, Number 72 (Friday, April 14, 1995)]
[Notices]
[Pages 19077-19078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9193]



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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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