Establishment of Supplementary Rules

Bureau of Land Management, Department of the Interior.

Establishment of Supplementary Rules for the Sixes River Recreation Area.

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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

Federal Register notice, these supplementary rules and prohibited acts will become effect July 7, 1997.

Neal Middlebrook, Area Manager, Myrtlewood Resource Area, Bureau of Land Management, 1300 Airport Lane, North Bend, Oregon 97459 (541) 756-0100.