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U.S. Department of the Interior Bureau of Land Management Prineville District Final U.S. Department of Agriculture Forest Service Ochoco National Forest December 1992 Oregon State Parks and Recreation Department Middle Deschutes/Lower Crooked Wild and Scenic Rivers’ Management Plan
Transcript
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U.S. Department of the InteriorBureau of Land ManagementPrineville District

Final

U.S. Department of AgricultureForest ServiceOchoco National Forest December 1992

Oregon State Parks and Recreation Department

Middle Deschutes/Lower CrookedWild and Scenic Rivers’Management Plan

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As the Nation’s pritxipal eonservatio;a agency, the Department cf the interior has responsi%ty for most of our nationaiiy owned publiclands a;?d natural resources, This includes fostering the ~visest use of our land and water rescurctls, protecting our fish and wildlife,preserving the environmental and cultural valu...05Dfox national parks and histsrki! places, and providing for the enjoymentoflife throqhoutdoor recreation, T!re Department assesses our energy and minera! resources and wnrks to assure that thair devel;spment is in thebestintw3stof a9 our people. The Departmental50 kiss major resporrsibiiity for American Indian reservation c-smmunities ar,d for pS.zplewho live in island Territories under U.S. ;idministration.

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December 16,1992

Dear River Enthusiast,

Enclosed is the Final Middle DeschutesJLower Crooked Rivers’ Management Plan. This planhas been a joint two-year effort between the public, Bureau of Land Management, OchocoNational Forest, Oregon State Parks and Recreation Department, and a variety of localagencies.

The Final Plan should be used in conjunction with the Draft Middle Deschutes/LowerCrooked Rivers’ Management Plan and Environmental Assessment which was released onAugust 28, 1992. The management actions in the Final Plan were derived by combining thePreferred Alternative and Management Actions Common to All Alternatives found in theDraft document. Management actions also reflect consideration of public comments andfurther analysis of planning issues.

All segments of the public retain the right to protest or appeal management decisions within30 days of receipt of this plan, The Decision Record for decisions made on Bureau of LandManagement administered lands is incorporated into this plan. You have the right to protestto the Prineville District Manager and thereafter appeal to the Board of Land Appeals, Officeof the Secretary, in accordance with the regulations of 43 Code of Federal Regulations (CFR)4.400. The Decision Notice for decisions made on Ochoco National Forest /Crooked RiverNational Grasslands) will be issued in January 1993 and mailed to all recipients of this plan.These decisions are subject to appeal pursuant to 36 CFR 217.

At the end of the 30 day protest/appeal period, the Final Plan excluding any portion underprotest/appeal, shall be implemented. Implementation of any portion of the Final Plan underprotest/appeal shall be withheld pending protest resolution.

The proposed OregonState Parks management program for the Middle Deschutes State ScenicWaterway has been developed in conjunctionwith this plan and can be found in Chapter 3. TheState Parks Department has notified the Oregon Secretary of State that the Parks Commissionwill be considering the adoption of the proposed management program at their January 21-22,1993 Commission meeting to be held at the Silver Falls State Park Conference Center.

We sincerely appreciate your interest and participation in management of the Middle De-schutes and Lower Crooked River corridors.

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Decision Recordand

Finding of No Significant Impact

Middle Deschutes/Lower CrookedWild and Scenic Rivers’ Management Plan

Prineville, Oregon

USDI, Bureau of Land Management

Decision:

It is the decision of the Bureau of Land Management to adopt the Preferred Alternative (Alternative5) and its associated management plan as described in the Draft Middle Deschutes/Lower CrookedRivers’ Wild and Scenic River Management Plan and Environmental Assessment (MDLCMP/EA -August 1992). This decision incorporates by reference all management actions under the PreferredAlternative and Management Actions Common to All Alternatives (MACTAA’s). Somemanagement actions were slightly modified to reflect new information and public commentsreceived during the public review period of the Draft MDLCMP/EA. This decision alsoincorporates by reference mitigating measures identified in the Draft MDLCMP/EA.

Rationale:

The Preferred Alternative and MACTAA’s were chosen as the best management alternativescenario because together they offer the widest range of beneficial uses of the environment withoutdegradation and provide the greatest overall protection and enhancement of the river corridorsoutstandingly remarkable and significant resource values.

All management actions are in conformance with the Brothers/LaPine and Crooked River NationalGrasslands Land and Resource Management Plans, and satisfy requirements of the OmnibusOregon Wild and Scenic Rivers Act of 1,988 and the National Environmental Policy Act.

Monitoring:

Monitorirxg and evaluation of the river management plan has been addressed in Chapter 4 of theaccompanying document. This monitoring plan is incorporated by reference into this decision.

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Finding of No Significant Impact:

The Bureau of Land Management (Prineville District) in cooperation with the Uchoco NationalForest (Crooked River National Grasslands), and Oregon State Parks and Recreation Departmenthas analyzed p:arious alternatives for managing the Middle Deschutes and Lower Crooked Wildand Scenic River corridors. The alternatives and associated analysis are described in the DraftMULCMP/EA; t~hich was made available for public re\:iew on September 18, 1992. This documentcan be obtained by contacting one of the managing agency offices. The options for managementdirection identified in the Draft MDLCMP/EA, hereby incorporated by reference, will assure thatno significant impacts will occur to the human environment.

Under the five alternatives analyzed, significant impacts on quality of the human environment willnot occur based on, but not limited to, the foLiowing considerations:

Analysis indicated no significant impacts on society as a whole, the affected region, theaffected interests, or the locality.

Public health or safety will not be significantly affected.

Public lands within the legal river corridor boundary will remain in federal or state ownershipunder all alternatives. This will ensure protection of riparian resources (floodplainii~retland).

-

t

The alternatives are not a part of any other action having the potential for cumulntis~elysignificant impacts to the outstandingly remarkable resource values in the planni.ng area.I

Cultural resources on, or eligible for, the National Register of Historic Places will not bead\:ersely affected, nor ivould Natisre American religious sites.

The alternatives will not significantly affect endangered or threatened species or their habitadetermined to be critical under the Endangered Species Act of 1973 (as amended).

The alternatives do not violate federal, state, or local legal requirements for environmentalprotection, or are there any known inconsistencies wjth officially approved or adoptedfederal, state, tribal, or local resource plans, policies or programs.

Adverse impacts identified are minimal. Continued resource monitoring will ensure that nosignificant adverse impacts occur. As needed, appropriate management actions wi.ll beinstituted to protect and/or enhance outstandingly remarkable values (scenery, recreation,geology: hydrology, fish, w+ldlife, cultural, and botanical), other important natural resources,and impacts to threatened or endangered species habitat.

On the basis of the information contained in the Draft ;tIDLCMP/EA and all other informationavailable as summarized above, it is the determination of the Bureau of Land Management thatnone of the five alternatives constitute a major federal action significantly affecting the quality ofthe human environment. Therefore, an environmental impact statement is unnecessary and will notbe prepared,

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I recommend adoption of the Middle Deschutes/Lower Crooked Wild and Scenic Rivers’Management Plan/EA.

Edward F. Perault 0Outdoor Recreation PlannerBureau of Land Management

Date

Management Approval:

I approve the Middle Deschutes/Lower Crooked Wild and Scenic Rivers’ Management Plan/EAdecisions as recommended. This document meets the requirement for agency decision making asprovided in 40 CFR 1505.

*Descl-&tes ResourcbArea Man&rBureau of Land Management

Appeals Process

Within3U days of the receipt of this decision, you have the right to protest to the Prineville District Managerand thereafter appeal to the Board of Land Appeals, Office of the Secretary, in accordance with theregulations of 43 Code of Federal Regulations 4.400 for decisions applicable to lands administered by theBLM. The Protest to the District Manager must be filed in writing in this office. If no protests or appeals arefiled, this decision will becume effective and be implemented in 30 days.

The Decisiun h’otice for decisions made on Ochoco National Forest (Crooked River National Grasslands)will be issued in January 1993 and mailed to all recipients of this plan. Decisions applicable to landsadministered by the US. Forest Service are subject to appeal to the Ochoco National Forest pursuant to 36cm 217.

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U.S. DEPARTMENT OF THE INTERIORBureau of Land Management

MIDDLE DESCHUTES / LOWER CROOKEDWILD AND SCENIC RIVERS

MAP 1Oregon

19925 0 5 10 15 Miles-, .--... -I) -.-,t--it--c” .-,X-i

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Table of Contents

I. Introduction . . ..*...................,,*........*................................ .*.,,...*....................................,..*.......... 1

A. Introduction ....................................................................................................................................1B. Purpose and Need ..........................................................................................................................1C. River Description ............................................................................................................................3D. Historical Perspective ....................................................................................................................5E. Public Involvement ........................................................................................................................8F. Issue Summary .............................................................................................................................10G. Alternative Summary ..................................................................................................................11H. Related Federal, State, and Local Planning and Management Responsibilities ................ -11

II. Management Plan ,,.,....,,..~~....*....,,,.*....*...,..***............*.*...............I*.......,....*.....*...*......*......,*.*19

A. Introduction ..................................................................................................................................19B. Outstandingly Remarkable Values and Special Attributes ...................................................19C. Management Goals and Segment Objectives ...........................................................................23D. Desired Future Conditions .........................................................................................................24E. Management Actions (Standards and Guidelines) .................................................................26

III. Oregon Scenic Waterway Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..I......43

A. Background ...................................................................................................................................43B. Program Goals ..............................................................................................................................43C. Administration .............................................................................................................................44D. The hkmagement Planning Process ..........................................................................................45E. Scenic Waterway Classification ..................................................................................................45F. Middle Deschutes Scenic Waterway Land Management Program ......................................4 7

IV. Implementation and Monitoring Strategy ,..........*........*...............................*................... 55

A. Roles and Imeragency Relationships ........................................................................................55B. Cost Estimates ...............................................................................................................................55C. Monitoring Plan ............................................................................................................................58

List of Tables

1 - River Segments ................................................................................................................................32 - Outstandingly Remarkable Value Comparison Chart ............................................................203 - Estimated Cost ..............................................................................................................................56

Middle DeschutedLowef CrookedWild and SC&Z River Management Plan

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I

_._.B - References .....................................................................................................................................69

C - Ghssarv ........................................................................................................................................75D - hlemnr~radum of Undersbnding for River Management .....................................................83E - Oregon Administrative Rules ....................................................................................................87F - Boundary Legat Description ......................................................................................................93

IA .

A - Planning Particjpants ,..,,,..r..***rr..~...*++I................‘.*. 1...~...*..‘.‘t..,,....~1*.*.~‘...,.~......1...~.......~.I.‘....~~~.

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I. In trodlkCtion

A. Introduction

This river management plan contains management actions necessary to protect and enhanceresource values and resolves key issues that exist within the Middle Deschutes and Lower CrookedWild and Scenic River corridors as presented in the August 1992 Draft Management Plan andEnvironmental Assessment. The plan also describes in detail the implementation and monitoringstrategies for those management actions. It describes how each resource will be managed as well asthe prbjects and coordination necessary to implement the plan.

The plan does not present information on the affected environment, environmental consequences,ration.al, or effects of management. This information was previously discussed in the DraftManagement Plan and Environmental Assessment which can be obtained by contacting the Bureauof Land Management Prineville District Office, Ochoco National Forest Supervisors Office, or theOregon State Parks and Recreation Department.

An i.nterdisciplinary team approach was used to prepare the river management plan (a list ofplanning team members and resource specialists is included. in Appendix A). The planning processprovided opportunities for involvement of local, State, Tribal, and other Fed.eral agencies as well asinterested citizens in accordance with the National Environmental Policy Act (NEPA) and the Wildand Scenic Rifrers Act of 1968, including all amendments.

The river management plan is organized into four separate parts. Chapter 1 is an introduction andoverview. Chapter 2 defines management goals, desired future conditions, and managementactions (standards and guidelines) that will be applied to the river corridors. Chapter 3 provides anoverview of the State Scenic Waterway Program for the Middle Deschutes River. Chapter 4discusses the implementation and monitoring strategy. Appendices include: a list of PlanningParticipants, References, Glossary, Memorandum of Understanding between the managingagencies, State Scenic Waterway General Administration Rules, and legal boundary descriptions forthe Middle Deschutes Land Lower Crooked River corridors.

B. Purpose and Need

Congress enacted the National Wild and Scenic Rivers Act in 1968. With this legislation, a systemwas established for protecting outstanding free-flowing rivers nation-wide. The National Wild. andScenic Rivers Act requires that a river be free-flowing and possess one or more “OutstandinglyRemarkable” values. The Act prosrides for protective management and control of development forrivers included in the system.

In October 1988,20 miles of the Middle Deschutes, from Odin Falls to the gauging station near LakeBilly Chinook (Segments 3 and 41, was designated by the U.S. Congress as a National Wild andScenic River and classified as a scenic river area. Congress also designated the 9.3 mile segment of

M&lle Deschutcshower CrookedWild ‘and Scenic River Management Plan

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the Lower Crooked River from the National Grasslands boundary near Ogden wayside to rivermile S as a National Wild and Scenic River and was classified as a recreational river area. Congressdetermined scenic, recreation, cultural, geologic, wilderness, hydrologic, fish and wildLife, as &ellas historic and botanical resource values within the Middle Deschutes River corridor to beoutstandingt)r remarkable. Congress also determined that scenic and recreation resource valu.esivithin the Lo\<rer Crooked River corridor are outstandingly remarkable. Outstandingly remarkablevalues are discussed in further detail in Chapter 2.

In addition to the Federal Wild and Scenic designation, the Middle Deschutes River betweenSawyer Park in Bend, Oregon to Lake Billy Chinook was recently designated as a component of theOregon State Scenic \Satenvay System. This designation includes Segments 1 - 3 of the MiddleDeschutes as shown in Table 1. By law, the boundary for this State Scenic Waterway is 1 JLL milefrom the bank on each side of the river. There is no State Scenic Waterway designation for theLower Crooked River at this time. Refer to Chapter 3 for more information on State ScenicSdVaterwnys.

Section 3 of the Wild and Scenic Rivers Act (Public Law 90-5$2, 82 Stat. 907) specifies that acomprehensive management plan will be developed for the Middle Deschutes and Lower CrookedRivers. The Secretary of Interior, given responsibility for administering these rivers, delegated thisduty to the Bureau of Land Management (BLM) and was m.andated to have the plan completed bjSeptember, 1992. Because the U.S. Forest Service and Oregon State Parks and RecreationDepartment also have administrative responsibilities within the planning area, they are jointpartners in the coordinated planning process. It was determined in the early stages of the planningeffort to include an amended State Scenic Waterway Plan within this document to ensure landmanagement consistency,

The joint river management plan will guide management for the designated portions of the MiddleDeschutes and Lower Crooked Rivers until it is revised. The Federal portion of the plan serves as asubordinate site-specific acti-\:ity plan for public lands’ within the river corridors. It fostersprotection and enhancement of resource values and allows public use and enjoy-ment of thoseresource values wh.ile complimenting and implementing portions of the Brothers/LaPine ResourceManagement Plan and Crooked River National Grasslands Land and Resource Management Plan.The State portion of the plan (State Scenic Waterway Program) will continue to promotecooperative protection and wise use of the Middle Deschutes River by all agencies (federal, state,local) and individual property owners. Overall, the river management plan satisfies requirementsof the National Environmental Policy ,4ct, the Omnibus Oregon Wild and Scenic Rivers Act of 1918,and conforms to each managing apncy’s existing resource management plans and/or programspecific documents.

Management of Deschutes and Jefferson county public lands within the wild and scenic rivercorridors is not included within this document. Management of these county lnnds will be .& I...defined in their revised comprehensive plans.

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I. Introduction

Table 1 - River Segments*

Segment 1 Middle Deschutes The 5 mile segment from Sawyer Park toTumalo State Park.

Segment 2 Middle Deschutes The 17 mile segment from DeschutesMarket Road to Odin Falls.

Segment 3 Middle Deschutes The 9 mile segment from Odin Falls tothe Wilderness Study Area (WSA) boundary.

Segment 4 Middle Deschutes The ll,mile segment from the WSA boundaryto the Upper End of Lake Billy Chinook.

Lower Crooked River Segment The entire 9.8 mile segment from the National Grasslandboundary to 0pal Springs.

* These segments wre identified durirrg dezhpntmt of the resource assessment. State Scerzic Wafermaysegments are broken dUiU?f irzto more specific arms as shown in Chapter 3.

C. River Description

This docu.ment provides a comprehensive framework for managing public lands within the MiddleDeschutes/Lower Crooked River Planning Area (river corridors2) as shown on Map 2. Theboundaries are an irregular shape designed to include as many of the areas as possible that containor directly support the identified outstandingly remarkable values associated with the rivers. Thearea within each corridor boundary averages 320 acres per river miie as required by the Wild andScenic Rivers Act. Combined, the river corridors encompass 3,645 acres of BLM managed publicland, 2,535 acres of National Grassland, 210 acres of state land, and 2,915 acres of private land.

The Federally designated 20 mile portion of the Middle Deschutes River and 9.8 mile portion of theLower Crooked River are described in the following river segment narratives. River descriptions forSegments .1 and 2 can be found in Chapter 3, State Scenic Waterways Program.

Segment 3 - The 9 mile segment from Odin Falls to the Wilderness Sfudy Area IWSAI boundary iDeschutesRizw mile 140 to 1321.

This segment begins 4 l/2 miles downstream from Highway 126 and is approximately 6 miles fromthe regional population center of Redmond. This 9 mile segment of State Scenic Waterway is alsodesignated as a “scenic” component of the National Wild and. Scenic River System. Approximately530 acres are administered by the BLM (3.7 river miles), while approximately 1,310 acres (5.3 rivermiles) represent small parcels of private land, private subdivisions, and/or agricultural lands.

2 River corridads) represenf the fofai areff ulifhitr the wild and scenic river borttzdaty(s~.

Kddle Desch u t&Lower CrookedWild and Scenic Kiver Management Plan

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The river flows through a 150 foot deep, very scenic, steep-walled basalt canyon. Excellent fishingopportunities exist for rainbow and brown trout, as well as, mountain whitefish. This river segmentis accessible by vehicle in several locations, however, large tracts of private land limit public access.Louver Bridge Market Road, which crosses the Middle Deschutes at river mile 133.5, offersrecreationists limited access for a short distance downriver along the west bank. No constructed crmainta~wd trails exist in the area, however, a number of user developed trails are used by a varietyof recreationists. This segment has numerous cultural/historical sites.

Vegetation varies greatly from the plateaus to the canyon bottoms. The vegetation on the plateausconsists primarily of juniper, sagebrush, bitterbrush, rabbitbrush, numerous grass species and a fewscattered ponderosa pine. Riparian vegetation includes willow, alder, mock orange, juniper,spireas, ~edgt?s, wild rose, red-o&r dogwood, penstemon and many other species.

Farm and Ranch lands, with.in and adjacent to the corridor, produce a variety of important cropsand contribute to 23 stable economy. An active diatomaceous earth (Dicalite) mine and anabandoned strip mine are located west of the corridor where Loiver Bridge Market Road crosses theriver. In addition, an active gravel quarry is located adjacent to the corridor on the east side of theriver in the same area.

This segment is located directly adjacent to the community of Crooked Risw Ranch and isa??pr”.xi.lP3afely 10 to 15 miles from the regional population centers of Redmond and Madras,respectively. This II mile segment is a State Scenic Waterway as well as a “scenic” component ofthe National BYld and Scenic River System, Approximately 2,595 acres (8 river miles) areadministered by the BLM and 1,520 acres (1 river milej are adminIstered by the Natjo&Grasslands. ODFcCrW also manages a small 40 acre parcel within this segment. Private subdivisions,agricultural lands, and other private lands total approximately 315 acres.

The river flo;~s th.rough a deep rugged, highly scenic, steep-walled basalt canyon that increases indepth as it proceeds northward. Excellent fishing opportunities exist for rainbow, brown, bull troutand kokanee. Vehicle Bccess is limited in the corridor due to its rugged character and private landsalong the canyon rim. No constructed or maintained trails exist in the area, however, a number ofuser developed trails are used by a variety of recreationists. This segment has numerous culturalsites containing rock art, rock shelters, and shell middens.

Vegetation varies greatly from the plateaus to the canyon bottoms. The vegetation on the plateausrconsists primarily of j&per, sagebrush, bitterbrush, rabbitbrush, numerous grass species and a fewscattered ponderosa pine. Riparian Lqetation includes willow, alder, mock orange, juniper,spireas, sedges, wild rose, red-osier d&vood, penstemon and many other species. Squaw Creek, amajor tribut&y in the lower part of this segment, as well as significant ground water sources add tothe i/rater floss. A number of water withdrawals for private and agricultural uses exist within thecorridor.

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I. Introduction

This segment is located entirely within the Deschutes CanyoniSteelhead Falls Wilderness Stud.yArea (WSA). This area was jointly studied by the BLM and National Grasslands to inventorywilderness values and determine wilderness suitability. Both agencies recommended to Congressthat the area be managed for uses other than Wilderness. The area is currently managed underWSA interim management guidelines to protect wilderness values until Congress makes its finaldetermination.

Lower Crooked - T1z.e 9.8 mile segment from fhc National Grasshd bozrndary fo riser mile 8, south of OpalSprirq (riwr mile 17.8 to 8.01.

This segment is located directly adjacent to the community of Crooked River Ranch and isapproximately 10 miles from the regional population centers of Redmond and Madras. This 9.8mile segment is designated as a “recreation” component of the National Wild and Scenic RiverSystem. Unlike the Middle Deschutes River, this segment is not a State Scenic Waterway.Approximately 520 acres (2.3 river miles) are administered by the Bureau of Land Management(BLM) and 1,015 acres (2.4 river miles) are administered by the National Grasslands. ODF&W alsomanages 170 acres within this segment. Approximately 1,290 acres (5.1 river miles) represent smallparcels of private land, private subdivisions, and/or agricultural lands.

The river flows through a rugged, highly scenic, steep-walled basalt canyon that increases in depthas it proceeds northward. There are numerous natural and geologic features such as springs, rockpillars and columns, eag1.e nests, waterfalls and rapids along the river. Excellent fishingopportunities exist for rainbow trout upriver from Upal Springs, within the corridor boundary, andfor brown trout, bull trout a.nd kokanee downriver from Opal Springs, outside the corridorboundary. In addition, a limited number of small and largemouth bass inhabit the river. Vehicleaccess is limited in the corridor due to its rugged character and private lands along the canyon rim,A number of user developed trails exist directly adjacent to the Crooked River Rranch Clubhousearea. However, no agency constructed trails exist in the area.

Vegetation varies greatly from the plateaus to the canyon bottoms. The vegetation on the plateausconsists primarily of juniper, sagebrush, bitterbrush, rabbitbrush, numerous grass species and a fewscattered ponderosa pine. Riparian vegetation includes willow, alder, mock orange, juniper,spireas, sed.ges, wild rose, red-osier dogwood, penstemon and many other species. Several springsin the lower part of this segment contribute significantly to constant water flow, water temperature,and water quality. River flows entering this river segment are extremely limited due to waterwithdrawals for private and agricultural uses.

D. His torical Perspective

The area encompassing the Middle Deschutes and Lower Crooked River corridors played asignificant role in shaping the lifestyles of those occupying the area. Many areas within andadjacent to these corridors are natural migration passages and are rich in life sustaining resources.The area is situated in a cultural contact zone between the Columbian Plateau and Northern GreatBasin culture areas. Ethnographic data indicates that Native Americans belonging to the Penutianand .4&c-Tanoan linguistic groups lead a semi-nomadic lifeway using the area for travel, lodging,

Middle DeschuWLower CrookedWild and Scenic River Management Plan

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LEGEND U.S. DEPARTMENT OF THE INTERIOR

t....Public Lands(Admin. by BLM) A

INationalGrassland 0

I State Lands - - - - -- -

11Private Lands TProposed Wild andScenic River Boundary

Bureau of Land ManagementCampgrounds

MIDDLE DESCHUTES / LOWER CROOKEDDispersedUse Trailhead WILD AND SCENIC RIVERS

Trail PLANNING AREA

DevelopedTrailhead

MAP 2

Oregon

19921 0 1 2 3 Miles-_- - -. I

Scale 1: 100,000

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and fishing. Both ri\er corridors contain significant evidence of cultural and traditional useactivities.

Early fur traders and immigrants looking for a quicker or easier route west explored the generalvicinitv of the Middle Deschutes and Lower Crooked River corridors. Euro-American use wassome&hat limited until the 18611’s when gold miners and their supporters, military personnel, andimmigrants began entering the area. The completion of the Willamette Valley and CascadeMountain Military Road in 1862 greatly facilitated the movement of people, hvestock, and goodsinto central and eastern Oregon. Homesteading activity was relatively minimal during the mid-late‘1 SW’s and was somewhat related to the mining of gold and precious minerals, to the east, inCanyon City. It was not until raihoad construction began at the turn of the century that the region’stransportation system was improved, resulting in the settlement of permanent towns, nearby. Bythe turn of the century homestead activity was quite extensive, aided in part by the cessation ofmining ventures, increase in stockraising operations, and the passage of the Carey Land Act in3.S9-l. I%-war years led to extensive irrigation canals fed by large storage reservoirs in the UpperDeschutes drainage. Fisheries management projects and commercial irrigated agriculture were theoutgrowth of these reclamation projects.

Today, the river corridors continue to shape lifestyles of many people. Those that reside in homeseyithin the river corridors enjoy the scenic beauty and solitude that the canyons offer. Many enjoyyearly visits to the same piece of public land for recreational purposes. Others continue to useresources within the corridors for personal and/or commercial Iwrposes.

E. Public Involvement

Due to the amount of pris:ate land and regional popularity of the river corridors, an extensivepublic involvement program was developed to make sure that the management plan wouldconsider the concerns of local residents, landowners, recreation users, Deschutes and leffersonCounty, the State of Oregon, other federal agencies, and all others having a stake in how the riversare managed. The public involvement program consisted of public meetings, a citizen ivork group,mitililgs to interested parties, and informational flyers, as well as ongoing informal meetings withany party requesting them.

Public Meetings - Early in the planning process, seven scoping meetings were held to discussissues and concerns that interested citizens had regarding the Middle Deschutes and LowerCrooked Rivers. In addition to providing interested parties an opportunity to voice their commentsand concerns, attendees were given the opportunity to review the draft resource assessment with aXl-day comment period. ill1 seven meetings were advertised in local ‘and regional media.

On September 18, 1992 the MiddIe Deschutes/Lower Crooked Wild and Rivers’ Draft ManagementPlan and Environmental Assessment was released for a 45day public re\iew/comment period.During the same time period, two public meetings were held (October 15 and 22,1992) to discussquestions cand concerns regarding the Draft Plan. A total of 18 interested individuals attended. Inaddition, 20 written cor&ents &w received before the AS-day review/comment period ended onC?ctober 30,1992. Agencies and other interested publics included: work group members, local

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I. Intrrxiuctirtrl

reskients, adjacent landowners, ranchers, bicycling enthusiasts, Deschutes Valley Water District,Deschutes &sin Resource Committee, Oregon Trout, WaterWatch, The Oregon Rivers Cou.ncil,Oregon Natural Desert Association, Oregon Natural Resource Council, Oregon Department of Fishand Wildlife, Oregon Division of State Lands, Oregon Department of Geology and MineralIndustries, and other motivated public participants.

Citizen Work Group - To help ensure that diverse viewpoints were considered during each step ofthe study, a citizen work group was created. The work group served as an integral part of theplanning team, helping to identify issues, determine significance of river resources, develop andrefine alternatives for designation and management, and keep their fellow interest group membersinformed about the planning process.

The work group was composed of 21 representatives (and their alternates) from a wide range ofi.nterests concerned about the future of the river: private landowners, ranchers, water right holders,commercial outfitters, anglers, Confederated Tribes of the Warm Springs Reservation, OregonDepartment of Fish and Wildlife, Deschutes and Jefferson County, Central Oregon IrrigationDistrict, Deschutes Valley Water District, Oregon. Natural Desert Association, Central OregonFlyfishers, Trout Unlimited, Oregon Trout, and Oregon Rivers Council and one representative fromeach of the joint managing agencies.

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The stork group held its first meeting on June 141991, and met monthly throughout the planningprocess. The work group became familiar svith the Wild and Scenic Rivers Act and helped developa list of issues, determine the significance of river resources, develop and refine managementolternati\:es, and represented their constituents well. In all, the work group met 15 times in the lastyear _ a tremendous commitment of time and energy on the part of the members.

Interested Parties - A list of about 50 people, agencies, and groups was compiled to make sure thatother interests were kept informed of the planning process. Interested parties were mailed copies ofdraft planning documents, future announcements of work group or interdisciplinary teammeetings, and two information flyers.

InParmation Flyws - Two wild and scenic information flyers (High Desert River News) lvereprepared and mailed to hundreds of local and regional residents, interest groups, and governmentagencies. The first, published in Jtriy 1991 during the issue identification process, let people kno\~about the planning process and how they could get involved. The second, pubhshed in April, 1992was designed to proGde an update of the planning process and express the availability of finalresource assessments and draft alternatives. Both information flyers also contained information onother risers located in 1:he central Oregon area.

F. Issue Summary

Sewn key issues guided the development and evaluation of bliddle Deschutes/Lower CrookedRiver marwgement alternatives. These issues were established during the initial stages of zvorkgroup participation and Later during public scoping meetings. The sesrcn key issues presented inthis section were formulated by consolidating similar issues into like categories after ensuring thatissues were within the legal authority of the managing agencies, that all issues had a variety ofoptions, and that the issues had some kind of public controversy. The &Ianagcment Plan as definedin Chapter 2 L-esolses these key issues.

Issue 1 I-low should recreation opportu.nities be managed?

Issue 2 How should priorate landowners and the local, state, and federal management agenciescooperate in \*:isitor and resource management of the river corridors?

Issue 3 l-lo\-v should cultural, historical, and traditional use resources be managed?

Issue 4 How should aquatic and riparian resources be managed?

Issue 5 Hosv should vegetation. and wildlife habitat be managed kvithin the corridors?

Issue 6 Hois should commercial resource uses be managed?

Issue 7 Where should the final h4iddle Deschutes/Loiver Crooked Wild and Scenic RixJer botmd-arks be located?

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I. Introduction

C. Alternative Summary

Five comprehensive alternatives for managing the Middle Deschutes and Lower Crooked Rivercorridors were developed and analyzed i.n the Draft Middle Deschutes/Lower Crooked Wild andScenic Rivers’ Management Plan and Environmental Assessment in accordance with the Wild andScenic Rivers Act of 1968, Federal Land Policy and Management Act of 1976, and the NationalEnvironmental Policy Act of 1969 (as amended).

Together as a whole, the alternatives represent a reasonable range that address issues identifiedduring the planning process. The purpose of the alternatives was to present and evaluate variousoptions for managing, protecting, and enhancing publjc resources within the river corridors.Themes (general goals) were developed for each of these alternatives and are described below.

Alternative 1 (No Action) Continue current management direction for federal lands within theboth \vild and scenic riirer corridors.

Alternative 2 This alternative would allow for maximum multiple use in the corridors with anemphasis on increasing recreation opportunities. A variety of different resource enhancementprojects would take place to resolve resource problems. Coordination would occur to minimizeeffects on landowners and land use practices.

Alternative 3 Management would be much like Alternative 2, except management under thisalternative would. focus on increased resource protection and development of centralized use areaswhile providi.ng for semi-primitive recreation opportunities. Resource enhancement projects wouldneed to be natural jn appearance.

Alternative 4 This alternatisre would increase the naturalness of the lands within the rivercorridors. The overall management goal would be not just to maintain, but to enhance rivercorridor values, and provide opportunities for primitive recreational use and developmentcompatible with resource enhancement objectives.

Alternative 5 (Preferred) The goal of Alternative 5 is to maintain and/or enhance the cu.rrentcharacter of the river corridors while rehabilitating degrading resources and providing long-termprotection‘and enhancement of thei.r outstandingly remarkable values. Coordination would occurto minimize effects on landowners and land use practices.

H. Related Federal, State, and Local Planning and Management Responsibilities

The Wild and Scenic River Management Act requires that a comprehensive river management planbe prepared to provide for the protection of river values. Therefore, it is necessary to insure that allentities that play a role in management of the river are included in the planning process. A varietyof fecteral, state, and local entities have responsibilities to manage resources within the rivercorrid.ors. Some of these include but are not limited to: BLM, U.S. Forest Service, Oregon State Parks

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and Recreation, @regon Department of Fish and Wildlife, as well as, Deschutes and JeffersonCour~ty. A Memorandum of Understanding between BLM, U.S. Forest Service, and Oregon StateParks and Recreation Department facilitates ongoing coordination among managing agencies (seeAppendix D). Special emphasis programs, such as wildfire control and fish and wildlifeenhancement projects are routinely coordinated among agencies, landowners, a.nd other affectedpublics. It is expected that these resource relationships be strengthened as a result of themanagemer~t plan implementation.

Bureau of Land Management

ln 1989, the BLM cotnpleted the Brothers/LaMne Resource Management Plan, which was acomprehensive land use or Resource Management Plan for most BLhl Iands and minerals inDeschutes and Jefferson County. The total BLM surface acreage at the time of RMP completion ivasover 1,111.,100 acres, including all BLM lands within the hliddle Deschutes/Losver Crooked Riverplanning area. BLM manages tnore th‘an 39 percent of the lands v+-ithin the river corridors. TheResource Management Plan included an environmental impact statement which documented theen~~ironmental consequences of the plan as well as numerous intcrgovernrnentaI relati.onshi.ps. Theplan established land use goals and objectives for Bureau administered lands, minerals, soils andwatershed, rangehnd, forest and woodlands, fish and wildlife h&itat, recreation, and culturalresources. It incorporated management direction for roads and access, utility and transportation

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corridors, fire control., noxious weed control, Areas of Critical Environmental Concern, andcontinued interim management of wilderness study areas. Copies of the approved Brothers/LaPineResource Management Plan are available from the Bureau’s Prineville District Office.

The BLM in cooperation with the U.S. Forest Service manages land within Steelhead FallsWilderness Study Area (WSA). Segment 4 of the Middle Deschutes River corridor lies entirelywithin this WSA. There are specific interim management actions, in addition to interim wild andscenic river guidelines, that protect resources within its boundary. Possible designation of this areaas wilderness will be recognized in the final Congressional land use decision.

The BLM, Bureau of Reclamation, U.S. Forest Service, Oregon Department of Fish and Wildlife, SoilConservation Service, and other interested groups are working to improve aquatic habitat in theDeschutes and Crooked River watershed. Cooperative work is continuing between these and otheragencies in implementing riparian improvement projects.

U.S. Forest Service (Crooked River National Grasslands)

In 1989, the U.S. Forest Service completed the Crooked River National Grasslands Land andResource Management Plan. This comprehensive Land and Resource Management Plan guidesnatural resource management activities and establishes management standards and. guidelines forthe Crooked River National Grasslands which is located entirely in Jefferson County. The U.S.Forest Service manages 27.2 percent of lands within the river corridors as defined by this plan. TheResource Management Plan included an environmental impact statement which documented theenvironmental consequences of the plan as well as numerous intergovernmental relationships. Italso describes resource management practices, levels of resource production and management, andavailability and suitability of lan.ds for resource management. This document is available at the US.Forest Service office in Prineville, Oregon.

National Grasslands are a permanent part of the National Forest System, administered under theprovisions and purposes of the Bankhead-Jones Farm Tenant Act. The rules and regulationsapplicable to national forests as set forth in Title 36, Code of Federal Regulations, also apply tonational grasslands. The Grassland Plan also embodies the provisions of the National ForestManagement Act of 1976, the implementing regulations, and other guiding documents.

U.S. Fish and Wildlife Service

The U.S. Fish and Wildlife Service administers the Endangered Species Act of 1973 (as amended).The BLM and U.S. Forest Service consult with this agency to develop a formal biological opinion onappropriate courses of action when it is determined that a threatened or endangered species, or itscritical habitat, may be affected by a proposed management action. Resulting decisions could meanthe proposed action be modified or abandoned.

Bureau of Reclamation

The Bureau of Reclamation (BOR) is actively involved in the Upper Deschutes Basin WaterConservation Study in cooperation with local water districts as well as other federal, state, and local

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;~gencies. The study’s goal is to reduce loss ~?f water withdrairals while supporting river-relatedresources on the Middle Deschutes and Lower Crooked Rivers and their tributaries. Projects suchas canal 12&-g, an instreana flow study, and moving canal diversions may benefit river resources inthe future.

Re-allocation of the uncommitted storage space in Prineville Reservoir has been an issue that theBOR has been studying for some time. As the project is now authorized and operated, all of theactisie capacity can be placed under contract for irrigation use as the demand a&es. No resewoirspace is specificallv allocated for recreation or fish and wildlife uses. The authorized minimum flowrin the Crooked River below Bowman Dam and beyond the North Unit Irrjgation flume is 10 cubicf?et per second (cfs). Holvever, in order to benefit the doivnstream fishery, Reclamation has beenreleasing 75 cfs below the Dam whenever there is sufficient ivater in the reservoir.

Confederated Tribes of the Warm Springs Reservation

The entire hiliddle Dcschutes/Lower Crooked River planning area is located outside the WarmSprings Reservation and was ceded to the U.S. Government by the Tribes and Bands of the MiddleQreg& through ratified treaty, The treaty reserves to the Indians rights and privileges expressed inthe Treaty. The interests of contemporary h!ative Americans include the protection of Indian burialgrounds and other sacred sites rand the perpetuation of certain traditional acG%ies, specifically rootgathering and fishing.

The Confederated Tribes of the Warm Springs are consulted by Federal, State, and localgovernments as required by the Archaeological Resources Protection Act (1979) and asrecommended by the Historic Presewation Act (1966). The managing agencies also contact andconsuIt rvith the appropriate Tri.bal representatives and Bureau of Indian Affairs on projects oractivity plan.ning on BLM, U.S. Forest Service, or State administered lands that may affect Tribali.nterests, treatv rights, or traditional use areas within ceded l,ands.1

Oregon State Parks and Recreation

The Oregon State Tsarks and Recreation Department is responsible for the acquisitiotl,improvement, maintenance, and operation of Oregon’s state park system. State Parks is alsoresponsible for giving technical assistance to local government agencies on park matters, developsand maintains the Stntctvide Comprehensive Outdoor Recreation Plan (SCORP), and administersthe Federal Land and Water Conservation Fund matching grant program in Oregon.

The Oregon State Parks and Recreation Department also administers the Scenic b”t’atet?i’ayProgram. The program includes the review of new land use and land management practices, andthe right for the Department to make application for instream water rights &r recreation purposesin State Scenic Waterways.

The Scenic Waterway Act and the Oregon State Parks and Recreation Commission’s rules requirethe evaluation of proposed land LW changes within l/4 mile from each side of the river. Any landuse changes and development proposals must be evaluated for their potential impacts on aestheticand scenic wltres, as viewed from the river. Property olvners wanting to build roads or houses,

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I, Introduction

develop mines, harvest timber or begin other similar projects must provide written notification tothe Oregon State Parks and Recreation Department before beginning the project. The Department’sevaluation of the project will be coordinated with the local jurisdiction and with other naturalresource agencies, both federal and state, that have regulatory responsibilities. Using its riverclassifications and land management rules, the State Parks and Recreation Department willdetermine if the proposed project or development is compatible or incompatible with the scenicwaterway. The landowner may not begin the project until written approval has been given by theDepartment. The Department and/or the Commission will work with the landowner to reach amutually satisfactory resolution of any conflicts. When a resolution cannot be reached within oneyear of the original notification, the Commission must either pay the property owner for the land orthe development rights, or allow the project to go ahead.

The Oregon State Parks and Recreation Depa’rtment works closely with Federal agencies such as theBLM and U.S. Forest Service to assure their actions are compatible with scenic waterway laws,rules, and resource management recommendations. In addition to working with Federal agencies,the State Parks Department works closely with County planning staff and other State agencies toinsure development on private lands is compatible with the river environment.

Oregon Department or Fish and Wildlife

The Oregon Department of Fish and Wildlife (ODFW) is responsible for the management and wiseuse of the State’s fish and wildlife resources. The Department is charged with maintaining optimumnumbers of indigenous fish and wildlife, and to ensure that no species are threatened withextinction. The Department is responsible for developing and administering fish and wildliferegulations. The ODFW, BLM, U.S. Forest Service, and other interested groups work cooperativelyin riparian habitat enhancement projects, fish and wildlife enhancement projects, and Deschutesand Crooked River basin pIarming efforts. ODFW routinely monitors the Middle Deschutes andLower Crooked River angling effort and harvest, as well as hunter effort cand harvest.

Oregon Water Resource Department

The Oregon Water Resource Department (WRD) is responsible for management and allocation ofthe State’s water resources. The Water Resource Commission typically develops policy through thepreparation of basin plans for each of Oregon’s 18 river basins. Through basin plans, the WRDclassifies streamflow for certain purposes, su.ch as domestic use, industry, municipal, recreation, orirrigation, The plans are adopted as administrative rules which reflect how water is currently used,and how its future use will be allocated. Three State departments may apply for these instreamrights: Parks and Recreation, Fish and Wildlife, and Environmental Quality. Once granted, thein&earn water right is held by WRD i.n trust for the people of Oregon.

Division of State Lands

The Division of State Lands (DSL) is responsible for the management of the beds and banks ofnavigable waterbodies. DSL regulates all alterations of the beds and banks within State ScenicWaterways as well as removal, fill, or alteration of 50 cubic yards or more of material in all otherwaterways (including lakes and wetlands) within the State. The DSL is also responsible for

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managing certain lands for their maximum benefit to the common school fund, consistent with bestconservation practices. Refer to Chapter 2 for more navigability information.

Department of Environmental Quality

The Department of Environmental Quality (DE(Z) is responsible for the implementation of theStatewide \Vater Quality Management Plan, which establishes standards of water quality for CTIC~

of \I’RD’s 18 basins in Oregon. Beneficial uses of rivers and streams that are to be protected by DEQare: public, private, and industrial water supplies, irrigation, livestock watering, anadromous fishpassage, salmonid rearing and spawning, resident fish and aquatic life, wildlife and hunting,fishing, boating, and aesthetic quality. Dissolved oxygen is to be kept to the highest possible levels.Temperature, bacteria, dissolved chemical substances, and toxic material are to be maintained at thelowest possible levels. The DEQ anti-degradation policy states that high quality waters are to beprotected from degradation unless the Environmental Quality Commission ibIds it necessary tomake an exceptjon based on economic or social needs. DEQ also maintains water qualitymonitoring stations throughout Oregon.

State hf arine Board

The State h{arine Board registers tnotorized watercraft, establishes equipment and operatingrequirements for the safety of the environment, regulates the use of boats on Oregon waters, andprovides training for county sheriffs <and state police who patrol the waters. State Marine Boardregulations prohibit motorized craft on the Middle Deschutes River upriver from the DeschutesArm of Lake Billy Chinook to Mirror Pond in Bend. This action and others are in accordance withOregon Administrative Rules - :Varine Board 250-20-091 and 250-20-161 I

Oregc9:'n State Police

The Department of State Police was created to serve as a rural patrol and to assist Local lawenforcement agencies. This agency is empowered to enforce all Oregon statutes svit.hout Iimjtationby county or other political subdisrision. State Police activities are coordinated with Bocaf andFederal Ias\~ enforcement agencies and assisted by the general publi-C. For example, the TIP Program(Turn in Poachers) has been established in cooperation with the Oregon Department of Fish andWildlife and the Oregon Hunter’s Association. This program is designed to involve citizens inreporting wildlife law violations.

County Comprehensive Plans

The Omnibus Oregon \iVild and Scenic Rivers flct of 1958, the Federal Land Pohcy andh%~nagement Act of 1976, and the National Environmental Policy Act of 1969 (as amended) allencourage or mandate intergovernmental coordination, consultation and, where possible, planconsistency. Since the Wild and Scenic Rivers Plct envisioned a high reliance on localcomprehensive plans to achieve the objectives of the Act, a review and analysis of the adequacy ofthe existing plans for Deschutes County was critical.

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The comprehensive plans for Deschutes and Jefferson Counties have been acknowledged by theOregon Land Conservation and Development Commission and are in conformance with statewideplanning goals and objectives. Under Section 202 of the Federal L‘and Policy and Management Actall BLM and U.S. Forest Service plans, including Resource management Plans and site specificactivity plans (such as the Middle Deschutes/ Lower Crooked Wild and Scenic Rivers’ -ManagementPlan), must be consistent, insofar as possible, with officially approved or adopted State and local.agencies’ resource related plans, policies and programs. Similarly, State-managed land mustconform to statewide planning goals and objectives and support local comprehensive plans,

Deschutes County

The Deschutes County Comprehensive Plan was acknowledged by the Land Conservation andDevelopment Commission (LCDC) in 1979. The required periodic review and amendment processis currently underway and is expected to be completed by December ‘1992. The BLM, U.S. ForestService, and State Parks and Recreation Department are coordinating efforts with DeschutesCounty to ensure consistency between planning efforts. Expected amendments or revisions mayinclude changes in policy statements which have been superseded by Federal or State law.

The existing county plan includes lands l/4 mile from the ordinary high water mark within theMiddle Deschutes river corridor as a landscape management zone. Private lands upon the plateausare zoned rural/residential. The plan’s intent is to not allow actions which might permanentlydestroy natural value(s). There is also a “sensitive wildlife habitats overlay” with accompanyingsupplementary development standards to protect riparian corridors and fisheries habitat. The planprescribes notification and coordination with state, and federal agencies when considering actionswith.in the State Scenic Waterway. Visual resource protection considerations may restrict mineraldevelopm.ent and sitting of structures. The plan goes on to promote protection of many otherresources that contribute to the u.niqueness of the river corridor.

Deschutes County Emergency Services Plan coordinates available equipment and personnelresources for a wide variety of potential situations. This include search and rescue, hazardousmaterial spills, and occasional enforcement of state and local laws on public lands within theMiddle Deschutes river corridor through written law enforcement agreements with the BLM andthe U.S. Forest Senrice.

In summary, the current Deschutes County plan provides a high degree of protection for river-related resource values. It supports long-term preservation of the Middle Deschutes river corridor.

Jefferson County

The Jefferson County Comprehensive plan was acknowledged by the LCDC to be consistent withStatewide planning goal.7 in 1981.. The required periodic review and amend.ment process iscurrently underway and is expected to be completed by December 1992. The BLM, U.S. ForestService, cand State Parks and Recreation Department are coordinating efforts with Jefferson Countyto ensure consistency between planning efforts. The amended plan will note federal designationand‘continue to provide adequate protection of State Scenic Waterway resources on segment 4 ofthe Middle Deschutes and river-related resources on the Lower Crooked River. Protective measures

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include setbacks, without variances, for new construction on floodplains or near riparian areas andfor homesites on the river rims. It is expected that structures near the rims will have mandatorysetbacks of 100 feet in the future, compared to the current 35 foot setback, due to natural hazardsfrom seismic events.

Jefferson County also prot:ides enforcement of state and local laws on public lands Fvithin theMiddle IT&chutes and Lower Crooked River corridors through written law enforcementagreements with the BLU and the U.S. Forest Service.

In summary, the current Jefferson County plan provides a high degree of protection for river-related resource values. It is non-specific to river planning related public safety and service issuesor potential solutions.

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II. Management Plan

A. Introduction

The Wild and Scenic Rivers Act requires that a comprehensive River Management Plan be preparedto provide for the protection of river values. The act requires that the plan address resourceprotection, development of lands and facilities, user capacities, and oth.er management practices asneeded. The Act directs that the River Management Plan shall be coordinated with and may beincorporated into resource management planning for affected adjacent Federal lands.

The Middle DeschutesJLower Crooked Rivers’ Management Plan will serve as a subordinate site-specific activity pkan which compliments and implements portions of the Broth,ers/LaPine ResourceManagement Plan and the Crooked River National Grasslands Land a.nd Resource ManagementPlan (RMP). These RMP’s provide direction for all resource management programs, practices, uses,and protection measures on lands managed by the Bureau of Land Managemem and the CrookedRiver National Grasslands in the general vicinity of the river corridors.

It has been determined that no significant impact would result from implementation ofmanagement actions as defined in this plan. Site-specific project implementation will requirefurther NEPA analysis to insure protection of natural resources, including cultural resource surveysand threatened, sensitive, and endangered plant and animal surveys.

B. Outstandingly Remarkable Values and Special Attributes

Congress determined scenic, recreational, cultural, geologic, wilderness, hydrologic, fish and.wildlife, as well as historic and botanical resource values within the Middle Deschutes Rivercorridor to be outstcandingly remarkable. Congress also determined that scenic and recreationresource values within the Lower Crooked River corridor are outstandingly remarkable. On bothrivers, these and other resource values were studied in greater detail by comparing them to simil.arfeatures on other rivers in the region. A set of criteria were developed by a task force comprised ofofficials from BLM, U.S. Forest Service, and the State of Oregon to use in making the comparisons.The regionselected for comparative analysis was the central Oregon area. This included both theDeschutes River Basin and the John Day River Basin.

Except for wilderness resources on the Middle Deschutes River, the analysis confirmed theCongressional Record relating to outstandingly remarkable values withi.n each river corridor.Analysis also determined geologic, hydrologic, wildlife, botanical, and cultural resou.rces to beoutstandingly remarkable on the Lower Crooked River segment. The Oregon State Parks andRecreation Department, through its own resource analysis, concurred with the federal analysis indetermining that the outstandingly remarkable values were also found to be special attributes onth.e State Scenic Waterway segments of the Middle Deschutes River. Outstandingly remarkable andsi.gnificant river values for which the river was added to the national system are summarized belowand in Table 2. A detailed analysis of river-related resources can be found in the Draft Middle

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Deschutes/Lower Crooked Wild and Scenic Rivers’ Management Plan tand EnvironmentalAssessment as rvell as the final resource assessment. These documents ccan be obtained bycontacting the BLM Prinevillu District Office or the Ochoco National Forest Supervisors Office inPrineviIle, Oregon.

Scenic

Scenic quality within the Middle Deschutes and Lower Crooked River corridors is distinctivelyoutstandingly remarkable due to the rugged natural character of the canyons, outstanding scenic\:istas, limited visual intrusions, high scenic quality, and scenic diversity resulting from a variety ofgeologic formations, vegetation communities, and dynamic river characteristics. These canyonstruly represent the spectacular natural beauty created by various forces of nature.

Recreation

Although relatively inaccessible in many areas, these river corridors offer a diversity of year-rou.ndsemi-pri.mitive recreation opportunities such as fishing, hiking, backpacking, camping, wild.life andnature observation, expert kayaking and rafting, picnicking, swimming, huntjng, ‘and photography.Many resources within the corridors are unique to the region and have high educational values.Therefore, interpretive opportunities are exceptional and have the potential to attract visitors from

Table 2 - Outstandingly Remarkable Value Comparison Chart

Resource Value Congressional Segment 3 Segment 4 Lower Crooked

Scenic ORV s ORV ORV

Recreation ORV ORV ORV ORV

GeokJgy ORV S ORV ORV

Hydrology ORV S ORV ORV

Fisher] ORV S ORV S

Wildlife ORV ORV ORV ORV

Cultural” ORV ORV ORV S

Botanical** ORV ORV ORV ORV

Wilderness ORV Not a Wild and Scenic Resource Value

ORV - Outstandinr

Iy Remarkable ValueS - Significant Va ue* Prehistoric/Historical/Traditional** Botanical ,/ Ecological

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outside the geographical area. Based on regional and national significance, recreation opportunitiesavailable within the river corridors are outstandingly remarkable.

Geology

The geologic history of the past 50 million years is dramatically displayed on the canyon walls ofthe Middle Deschutes and Lower Crooked Rivers. A number of volcanic eruptions occurred overthousands of years to create a large basin comprised of a variety of colorful layered basalt, ash, andsedimentary formations. The Deschutes and Crooked Rivers dissect this basin providing a uniquestudy area for geologic interpretation and, more importantly, support scenic values. The mostsignificant contributor to the outstandingly remarkable geologic resource are the uniquei.ntracanyon basalt formations created by recurring volcanic and hydrologic activities. Segment 4 ofthe Middle Deschutes and the Lower Crooked River canyon provide th.e best known examples ofintracanyon basalt flows in Oregon.

Hydrology

Hydrologic resources on portions of the Middle Deschutes and the Lower Crooked River meet thecriteria to be outstandingly remarkable. The increase of water from springs and stability of flowsalong with the steep basalt canyons in both river corridors has created a stream habitat and riparian

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zone? that is extremely stable and diverse. This combination of an excellent riparian zone and stablestream flows is uniq&e in a dry semi-arid climate environment. Features such as Odin, Big andSteelhead Falls; springs and seeps; white water rapids; water sculpted rock; and the river canyoni;themselves are very prominent and represent excellent examples of hydrologic activity withincentral C?regon.

Fishery

In segment 1 of the Middle Deschutes River, the quality and importance of the fisheries habitat andits re&lting diversity of resident and rem.nant anadromous species qualifies this resource to beconsidered an outstandingly remarkable value. A recent BLM survey identified fishing as thenumber one recreation ac&ity within both river corridors. Stories and pictures of huge catches arefourd in historical records of tile early 1900’s. Based upon the potential through long-termrestoration of fish habitat and populations, the fishery in Segment 3 and in the Lower CrookedRiver may later be determined to be outstandingly remarkable.

Wildlife

A wide variety of wildlife species, critical mule deer ivinter range habitat and nesting/huntinghabitat for the bald eagle, golden eagle, osprey, and other raptors classifies wildlife resowces in

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II. Mnnagcment Plati

both river corridors as outstandingly remarkable. The bald eagle is known to winter along theDeschu.tes River downriver from Lower Bridge and also within the Lower Crooked River segment.Outstandingly habitat areas include high vertical cliffs, wide talus slopes, numerous caves, pristineriparian zones, and extensive grass/sage covered slopes and plateaus.

Cultural

Cultural resources are notably outstandingly remarkable on the Middle Deschutes River based onthe combination of prehistoric and historic sites found along the corridor and the traditional usesassociated with the area. Evidence that rare and/or special activities took place in the river canyonareas is represented by lithic scatters or flaking stations, shell middens, rockshelters, rock features,and rock art. These sites have the potential to contribute to the understanding and interpretation ofthe prehistory of the Deschutes River and the region and are considered to eligible for inclusion inthe National Register of Historic Places. Cultural resources on the Lower Crooked River may laterbe determined to be outstandingly remarkable after further comprehensive cultural resourcestudies.

Botanical

Botanical resources within all river segments are determined to be outstandingly remarkablevalues. The Middle Deschutes River segments are in an ecological condition unusual for similarareas within the region and contain a significant portion of Estes’ Wormwood (ArtemisiaLudoviciLana ssp. estesii). This species is classified as a Category 2 Candidate for listing asendangered/threatened by the Federal government and is classified as threatened/endangeredthroughout its range (List 1) by the Oregon Natural Heritage Data Base. The Lower Crooked Riversegment possesses a unique stand of mature white alder/red-osier dogwood. in an area that is innear-pristine condition and is also suspected to contain of Estes’ Wormwood.

C. Management Goals and Segment Objectives

The overall goal of the management plan of the river area is to meet the intent of the Wild andScenic Rivers Act by maintaining the current character of the river area, and providing long-termprotection’and enhancement of its outstandingly remarkable values.

Four additional goals were developed as a result of public involvement. They include:

1. Maintain the economic viability of resource uses consistent with protection and enhancement ofoutstanding and significant resource values.

2. Protect and enhance instream and land-based biological, cultural and physical resources.

3. Provide for appropriate recreational use and appropriate public access while maintaining thewild and scenic nature of the river.

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3. Fo&r cooperation among landowner:,; managing agencies, and the public to manage and. ”enhxwe the outstandingly remarkable river values.

Segment 1 - h&wage as ;I “River Community Area” beti%reen Sawyer Park and the Urban GroFsth.&wnJarv of Bend. Manage as a “Recreation River Area” between the Urban Growth Boundary andTumalo &ate Park.

Segment 2 - Manage as a “Scenic River Area” between Deschutes Market Road and Odin Falls.

Segment 3 - Manage as a “Scenic River Area” between Odin Falls and Lower Bridge with emphasisof semi-primiti\*e motorized esperjences. Manage as “Scenic Rii:er Area” between Lower Bridgeand the southernmost boundary of the Wilderness Study ,4rea (WSA) tvith emphasis of semi-primitive non-motorized experiences.

Segment 4 - Mmige as a “Natural River Area” between the southernmost boundary of the WSAand Lake Billy Chinook with emphasis of semi-primitive non-motorized experiences, except rivermiles 129.9 to 131.5 and ‘123.3 to 125.25 i\*here the east side subdivisions will be managed as “RiverCommunity Areas”. Special areas of access will occur at Geneva Overlook and Stcelhead Falls.

Lntver Crooked Segment - Manage as a “Natural River Area” along the entire corridor withemphasis of semi-primitive non-motorized experiences between rims and rondud naturalexperiences on top of the rim plateaus. Recommend as State Scenic Waterway.

D. Desired Future Conditions

Desired future conditions present a vision of the desired future state of a specific area. The desiredfutwe conditions that foliow were developed for the Middle DeschutesjLower Crooked Rivercorridors after public scoping by work group and interdisciplinary team members. They helpprovjde a focus for ongoing management.

Scenic - 1-I combination of appropriately screened developments, varied plant communities,seasonal river and spring flows supporting an abundance of wildlife, and varied depths ofundisturbed canyon waljs leave these corridors h relati~:ely p&tine condition.

Recreatim - The river corridors are managed for a variety of semi-primitive recreationopportunities smith developed recreation opportunities available in specific areas. Access ismaintained to facilitate recreation opportunities while protecting resource values.

GeologyiMinerals - Geologic formations that support scenic river values are protected. Minerales traction continues to be in compliance ivith State and Cow ty ordinance.

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Prehistoric, Historic, and Traditional - The river corridors have been surveyed for culturalresources. Preservation through protection, enhancement and interpretation of cultural sites, andrecognized traditional use locations continue to be managed for their values and religiousimportance.

Hydrologic - Water quality and quantity maximize other resource values, exceed Federal and Statestandards and continue to fulfill agricultural and domestic need. Unique hydrologic features thatsupport scenic ri\rer values are protected and enhanced.

Fishery - Seasonal fl.ows support quality habitat for fish and aquatic organisms. The habitat is inoptimum condition for natural diverse fish production.

Wildlife - Native wildlife populations are healthy and abundant. The habitat is in. optimumcondition for natural diverse wildlife production.

BotanicaLEcological - Native upland and riparian vegetation communities are in outstandingcondition lending to si.gnificant biological diversity within the corridor.

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E. Management Actions /Standards and Guidelines)

hlcanagement actions (Standards and Guidelines) for the Middle Deschutes/Lower Crooked Wildand Scenic Rivers’ are derived from Alternative 5 (Preferred) and Management Actions Common toall Alternatives as defined in the Draft Management Plan and Environmental Assessment.Management actions and Standards and Guidelines are synonymous in the context of thisdocument. They apply to all BLM managed public lands ivithin the ritrer corrid.ors as well asCrooked River National Grasslands Management Areas I&4-C% (Crooked River Recreation Area)and hfA-G7 (Deschutes River Scenic Corridor). The monitoring section in Chapter 4 conveys thebounds and constraints for the management activities of each resource.

The management actions are designed to resolve major issues and attain the desired futureconditions. More specifically, they focus on maintaining and/or enhancing the current character ofthe river corridors while rehabilitating degrading resources and providin$ long-term protectionand enhancement of their outstandingly remarkable values. Ah1 actions are in conformance with theWild and Scenic Rivers Act, Brothers/LaMne Resource h4anagement Nan, <and the Crooked RiverNational Grasslands Land and Resource Management Plan

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Recreation

Semi-primitive non-motorized recreation opportunities will be emphasized on public landsbetween the canyon rims and semi-primitive motorized recreation opportunities will beemphasized upon the plateaus.

Implement a fire closure between June 1 and October 15 on all public lands within both rivercorridors. If determined necessary, the fire closure could be extended based on fi.reweatherconditions at that time. During the open campfire season, metal fire pans will be encouraged wherefire grates are not available. Collection of dead and down firewood for on-site campfires will beallowed during open fire season. Collection of personal use firewood will not be allowed.

Limit discharge of firearms and hunting to official state waterfowl, big game, and upland gameseasons. BLM and the National Grasslands will establish a supplementary rule (43 CFR, part 5360)to prohibit discharge of firearms on public lands within the wild and scenic river boundaries exceptduring these open hunting seasons. ODFW as well as Deschutes and. Jefferson counties will beencouraged to implement a similar rule and coordinate enforcement. Federal and State firearm userules will remain in affect during these open seasons.

The Steelhead Falls Trail trailhead and camping area will remain semi-primitive, with informationsigns and trash cans unless resou.rce degradation dictates a need for sanitation facilities or otherbasic site protection measures, Scout Camp will also receive this same resource protection ifdetermined necessary. Trailheads with information signs will be developed at all proposeddeveloped trails. Semi-primitive trailheads for casual use trails will be maintained at Lower Bridgeand Geneva Point.

The managing agencies will pursue a cooperative management agreement with Crooked RiverRanch to help manage and maintain the existing, privately owned scenic overlooks along the LowerCrooked River.

Recreation projects and facility development will be analyzed to ensure protection of outstandinglyrem.arkable values and private lands.

The managing agencies will develop a cooperative system for gathering and analyzi.ng campingand day use data to maintain accurate monitoring information to ensure that managementobjectives kre met.

The managing agencies w?ll conduct visitor use, angler preference, and statistical creel sumeys toanalyze user need and necessary changes in fishing regulations. Hunting and trapping regulationswill conti.nue to be evaluated by the ODF&W for appropriate regulations.

.t theHorse, llama, and mountain bike use will continue to be allowed in accessible areas throughoutwo corridors unless monitoring determines these types of activities are inappropriate or areadversely impacting outstandingly remarkable values.

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The managing agencies will not encourage dispersed recreation use during the time antelope ormule deer are concentrated in the corridors within the Metolius Deer Winter Range,

Identify high impact recreation opportunities and create special use areas and/or restrictions forthem. Recreation opportunities will be limited to specific geographic areas or excluded if resourcemonitoring determined that recreation use has a significant, adverse impact on outstandinglyremarkable values.

All new de\;elopment will consider barrier free access. Special use facilities for any disability will beinstalled as determined necessary.

Operations and maintenance of campground facilities will continue at whatever level necessary tomeet federaI standards consistent with level of use, development, and maintenance standards.

Limits of Acceptable Change criteria will be utilized to evaluate necessary management actions foro\:ernight campsites, da!* use areas, and trails. Degraded campsites, day use areas, or trails needingrehabilitation will be closed until sufficient recovery has occurred. Once rehabilitation is complete,use of these areas may be allolved if they are capable of sustainin,Q use and that use is consistentwith management objecti\ies.

Commercial use within Segments 3,4, and the Lower Crooked River Segment will remain ascurrently managed ‘by the BLM ‘and USFS under existing regulations. Special land use <andconcessions requests will require a special land use permit. Commercial guides and outfitters willbe required to obtain a Special Recreation Use Permit. Commercial recreation use will be Limited iffound necessary to protect and enhance outstandingly remarkable values.

Segment 4 of the Middle Deschutes River is located entirely in the Deschutes Canyon/SteelheadFalls Wilderness Study Area (WSA). This area was jointly studied by the BLM and USE (NationalGrassIan&) to inventory wilderness values and determine wilderness suitability. The studydetermined that the area will be managed for uses other than wilderness. This area shall bemanaged to protect existing natural values until Congress makes the final determination regardingwilderness suitability. if Congress designates this area as wilderness, a wilderness managementplan will be dei*eloped and only those management actions in this plan that are consistent withLsilderness management policy will occur. if Congress does not designate this area as wilderness,then the management actions, visitor use activities, and trail /facility)access proposals identified inthe preferred alternative will occur.

Public and Administrative Access

l’ublic access over private lands ntay occur through easement, acquisition, or other cooperativeefforts with willing la.ndo\tners.

Public access may be limited to existing roads and trails or restricted or closed in specific locationsif resource monitoring determined that significant impacts to outstandingly remarkable valuesoccurred and stabilization efforts are ineffective. Rehabilitation efforts will occur on access routes

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that are closed to public access.Inventoried public access routesexperiencing major degradation wilbe stabilized.

.I

The Steelhead Falls Wilderness StudyArea limits vehicle access to existingvehicle routes. If the area isdesignated as Wilderness, motorizedaccess will be limited to adjacentroads outside its boundary. Parkingand trailhead areas will be developedoutside of the Wilderness area in highuse access points.

All physically accessible areas onfederal lands within the corridors willbe open for administrative access.

Access to whitewater floating willremain primitive and undefinedunless activity and resourcemonitoring determined thatsignificant impacts to outstandinglyremarkable values exists.

Motorized vehicle access will belimited to approximately 8.5 miles ofdesignated vehicle routes on publiclands throughout the year inSegments 3,4, and within the LowerCrooked River Segment. Motorizedaccess upon 2.8 miles of NationalGrassland roads will remain subjectto seasonal closures. Approximately 9miles of primary access routes onpublic and private lands within these

II. Management Plan

Holly7oood Rod al rim mile 22.5 pnrrullels fheLower Crooked Riser proaiding easy jshing and hiking nccess

segments will be graveled or maintained regularly. Other access routes experiencing resourcedegrad.ation will be stabilized through occasional maintenance. New motorized public access toparcels of public land could be provided through easements, acquisition, and/or other cooperativeefforts with willing landowners if found necessary to protect and enhance river related resourcevalues. Scout Camp and Steelhead Falls campground areas will have only one access road. Refer toMap 2 for road locations.

The Geneva Point Trail, and other informal network trails will remain primarily user developed.Unnecessary trail networking will be re-routed and rehabilitated.

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The 0.5 mile Steelhead Falls Trail will be stabilized using natural appearing stabilization methods toprotect from further resource degradation. The existing .75 mile CCC Trail will be reconstructed.Scout Camp, Squa~+r Creek and Hollywood Trails, totalling 4.75 miles, will be designed anddeveloped to encourage trail use. These trails will be developed only if easements, acquisitions,and/or agreements from willing landowners are obtained for non-motorized public access. Landalong these trails will be in approximately 70 percent public and 30 percent private ownership.Refer to Map 2 for trail locations.

Cooperation Between Managing Agencies and Private Landowners

Private land use and zoning regulations tvjll be developed and managed by county and statemanaging agencies. Activities on priorate lands that influence scenic quality will continue to beregulated by county and State Scenic Waterway regulations. Some of these include buildingsetbacks from the canyon rim and restrictions on building in wetland and riparian areas. Specialland use permits will be evaluated on a case-by-case basis to ensure protection of outstandinglyremarkable values. BLM and the National Grasslands will continue to work cooperatively bvithprivate landowners and local, county, and state agencies also responsible for protecting the scenicquality of both ritrer corridors.

Scenic easements, acquisition, and land exchanges could occur to enhance management andprotection of outstandingly remarkable values if consistent with this management plan andagreeable with private ‘andotvners. The managing agencies will coordinate ~vith county and stateagencies to protride landowner incentives to protect and enhance scenic quality on private land. Aperiodic river clean-up effort will also be coordinated between local, state and federal. agencies, andadjacent landotvners to maintain the existing scenic quality of these river canyons and. promoteminimum impact use of these environments.

A landowner incentisre booklet will be developed by the cooperating management agencies toencourage appropriate use of river related resources.

A public/private landowner stewardship group will be formed along with public land userrepresentatives to help implement this ri\rer management plan and monitor the effectiveness ofmanagement actions to protect and enhance the resource values and resols:e conflicts associatedivith public and private uses of these river canyon areas.

Except for small isolated blocks of public lands surrounded by privately o\vned land, BLlcI and theNational Grasslands tviil retain lands within the river corridor boundaries in public ownership. Themanaging agencies could acquire prit:ate inholdings within the corridors that help protect riverrelated resources.

The managing agencies will contact private landowners for permission prior to accessing privatelands,

Public land access will be managed to di.scourage unauthorized access to private lands.

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The managing agencies will implement user education tools such as brochures and informationsigns on public land to help reduce trespass. Wild and scenic river boundaries will be surveyed andposted in heavy conflict areas focusing on convergence of private and public lands. Managingagencies will assist private landowners by identi.fying and signing heavy use areas on public landsadjacent to private land. Private landowners will remain responsible for contacting the localauthorities if trespass occurs.

Th.e BLM and National Grasslands will continue to support Jefferson and Deschutes counties, StateParks, and private landowners in efforts to protect river values on private property through zoningand land use regulations (refer to Appendix E and Chapter 3). The BLM and National Grasslandswill grant no special use rights-of-way that have a direct and adverse effect on river values. Allpublic land use permits will be evaluated on case-by-case basis to ensure protection ofoutstandingly remarkable values. Acquisitions, easements, or cooperative agreements could occuras a means to resolve land use conflicts.

The managi.ng agencies will provide technical assistance to private landowners in planningprescribed burns to reduce fire hazard. Coordination with county fire permit information centerswill occur to provide consistency between public land fire, closures and burning on private lands.

Aquatic and Riparian Resources

The Middle Deschutes and Lower Crooked Wild and Scenic Rivers will be preserved in theirexisting free-flowing condition without impoundment, diversion, straightening, rip-rapping, orother modifications of the river that adversely affect the outstandingly remarkable values for whichth.ey were designated. Water diversions or impoundments upstream that may adversely impactexisting free-flowing conditions will require an analysis utilizing requirements as defined in Section7 of the Wild and Scenic Rivers Act 1969 (as amended) before project implementation.

An instream flow study will be conducted to determine biologically appropriate flows that protectoutstandingly rem.arkable values within the river segments. The managing agencies willrecommend appropriate minimum instream flows necessary for protecting outstandinglyremarkable values within the Middle Deschutes and Lower Crooked River corridors after analyzingState review of water appropriations, the Deschutes Basin Investigation Report, Instream Flowstudy results, and other appropriate flow information. The analysis will be coordinated withmanaging agencies collecting similar data for river segments up and downstream from the riverscovered by this plan.

The managing agencies w+ll monitor and participate in issues which have the capacity to impactflows associated with the outstandingly remarkable values by analyzing impacts of proposedactions and if necessary, seeking opportunities to accept transfer, receive donations or purchasewater rights that adversely affect these values. The managing agencies will also conduct acooperative water resource analysis to determine available water quantities and future needs fordomestic, agricultural, and commercial water users.

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The managing agencies, in cooperation with ODF&W and other interested groups ivilE coordinateinventory,‘management plan implementation, funding and monitoring for instream and riparianresources along the river corridors to ensure that management objectives are met.

The managing agencies will actively manage the river corridor to maintain non-impairment ofwater quality. Water quality will continue to be monitored and the non-degradation pc9licy willcontinue to be enforced by the State Department of Environmental Quality (DEQ), Federal agencieswill assist in water quality monitoring and coordinate with DEQ to share water qu.ality data,upgrading ivater quality, and water quality monitoring techniques to ensure that rvater qualityme& or exceed ivater quality standards.

The managing agencies will actively maintain riparian vegetation communities in properfunctioning ecological condition while allowing only those projects that promote biologicaldiversity. Desirable vegetative communities include: alder, red-osier dogwood, wiBlo~~s, and avariety of understory species such as chokecherry, rush, and various grasses. The specificcomposition and presence of each community will be dictated by specific site characteristics.Riparian vegetation wiU also be managed to provide cover for upland game birds and otheranimals de@xdent upon the riparian area. Riparian projects will be analyzed on a project by projectbasis to rehabilitate severe riverbank erosion.

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Use of chemica1.s in riparian areas for noxious weed control will be prohibited.

Federal and State agencies will conduct detailed inventories for protection of federal and state listedthreatened, endangered and/or sensitive plant/animal species. The managing agencies willcontinue to monitor habitats for federal threatened and endangered and state sensitive listed plantand animal species.

BLM and the National Grasslands will cooperate with ODF&W in fish management while focusingon resident fish habitat protection projects and long-term basin planning. No new fish habitatstructures or modifications be allowed within the high water channel unless they enhance riverrelated resources and comply wi.th free-flow standards. Fish passage will be provided in areaswhere passage has been determined to be suitable to protect and enhance outstandingly remarkablevalues. Spawning habitat will be improved in both river corridors. Removal of woody debris will.not be allowed. Both rivers will be managed to enhance native fish communities. Future proposalsthat introduce hatchery fish above, below, or directly into either river corridor will be evaluatedu.nder requirements as defined in Section 7 of the Wild and Scenic Rivers Act 1969 (as amended).

Natural bank stabilization methods such as planting native riparian vegetation will be required inmost circumstances. Introduction of non-native plant species could be allowed if determined thatthere would be no adverse impacts to other resources. Mechanical means of vegetationmanagement will be required in most circumstances (i.e. hand grubbing of noxious weeds). Exceptfor devel.oped trails, facilities will not be developed in riparian areas.

Livestock grazing on all public lands within the upland canyon (between the canyon’s highest rims)and riparian areas will no longer be allowed. New livestock fencing will be constructed asdescribed in the Scenic and Upland Resou.rces section below.

Scenic and Upland Resources

The managing agencies will maintain vegetative diversity while focusing on ecological conditionsbetween mid and late seral status and allowing only those projects that promote biologicaldiversity. Early seral conditions will be provided as necessary to provide habitat for canimal speciesdependent upon this ecological status. Desirable vegetative communities include: western juniper,sagebrush, bitterbrush, rabbitbrush, bunchgrasses, Sandberg bluegrass, mock orange, Douglas’spiraea, balsamroot, snowberry, penstemon, isolated areas of Estes’ wormwood, and a variety ofother species. The specifi.c composition and presence of each communi.ty will be dictated by specificsite characteristics. Deer winter range and other big game areas within the river corridors willgenerally be managed to attain a 40/60 cover/forage ratio. The maximum distance from cover toany point in forage area will not exceed 1,200 feet. Thermal cover units will generally be aminimum of 5 acres each and evenly distributed on BLM managed public lands and 20 acres andlarger on National Grasslands.

Prescribed burning and conditional fire suppression could be used to allow the upland slopes toreturn to a natural fire-dependent watershed ecosystem. Fires which would not threaten or damageprivate property or other primary values of the corridor may be allo\yed to burn. Wildfire

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suppression will occur at whatever level necessary to protect public facilities with minimummechanical disturbance.

Coordination will occur with appropriate agencies and private individuals to ensure the watershedremains in proper functioning condition.

The managing agencies in cooperation with ODF&W, US. Fish and Wildlife Service and otherinterested groups will conduct inventories for protection of federal and state listed threatened,endangered, and sensitive plant and animal species. The managing agencies will continue tomonitor habitats for federal, state listed T 8.~ E plant and animal species. Facilitate for speciesrichness and diversity.

The managing agencies in consultation with the U.S. Fish and Wildlife Service ivill protect raptor

~habitat from human disturbance as defined in the Code of Federal Regutations and as discussed inthe managing agencies resource management plans.

Most scenery values remain protected by steep terrain and limited public access. Activities withinareas on public lands having high or sensitive visual quality may be permitted if they Lvould notattrnct attention or leave long-term adverse visual changes on public land. Any new projects withinthe corridor will require \Tisual contrast analysis to ensure that scenery values are not adverselyimpacted. Adjacent iandoi$:ners will be encouraged to consider scenic values in their land u.se andproperty management activities.

The recreation management setting contributing to scenic i:alues will be Recreation OpportunitySpectrum (IXX) classification of Semi-Pri.mitir:e Non-Motorized bet\veen the canyon rims andSemi-Primiti\re Motorized upon the plateaus. ,411 lands within the wild and scenic river corridor~vili be managed to protect, or where possible enhance, Visual Resource hJanagement (VRM)classifications for retention between the canyon rims and partial retention upon the plateaus.

A combination of grazing (on the plateaus), juniper thinning, vegetation manipulation, firemanagement strategies, and other vegetrttion and wildlife habitat enhancement tools will be used tomanage the upland environment and protect scenic values, Chemical management within thecorridors’ upland areas will be allowed only when no other Lregetation management tools are moreappropriate or it is the best technique to meet plan objectives. Naturally appearing enhancementprojects wilt be emphasized.

Wildlife enhancement projects such as installation of roosting platforms far birds will beencouraged. Upl.and c\-ater sources will be developed for better i\Gldlife distribution.

Federal and State agencies, in cooperation with the Oregon State University, private landowners,and other interested groups, will conduct comprehensive inventories and develop a strategy forprotection of federal and state listed threatened, endangered, sensitive plant ‘and animal species,and ecological communities such as canyon ecosystems and riparian habitat which are important tomaintaining existing biological diversity. Native species will be emphasized. Introduction of non-native plant and animal species could occur if determined that there would be no adverse affect toany resource value. Cooperative agreements for wildltie habitat impros,ements will be pursuedwith private landowners.

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II. Management Pkm

Tn11ls slopes uifhin fhe cnnyan areas pmide exxcelletif izlzbifnffor (7 mn’efy of uddlife species! inclding this dimodwck mf flesnnke

Livestock grazing on all public lands within the upland canyon (between the canyon’s highest rims)and riparian areas will no longer be allowed. Livestock grazing on public lands along the plateausbeyond the canyon rims will be managed to achieve an upward trend in ecological condition. Gapfencing on public lands will be constructed along the rims in active grazing allotments wherenatural features don’t exist to exclude livestock from accessing public lands between the rims. Thiswill primarily take place on the Cooper allotment (BLM-7514) adjacent to private land boundaries.Existing upland water sources will be developed upon the plateaus for better livestock and wildlifedistribution and forage utilization.

Cultural Resources

The managing agencies will manage archaeological/historical and traditional use resources withinthe Middle Deschutes and Lower Crooked River corridors through a coordinated plan of goals andobjectives covering BLM, U.S Forest Service, and Oregon State Parks and Recreation Departmentmanaged lands. Private landowners will be encouraged to participate in this process.

The managing agencies will each maintain a cultural resources database atlas for lands under theirjurisdiction. The Tribes will be encouraged to contribute information on significant traditional usesites and materials.

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The managing agencies will conduct an appropriate level of inventory, over lands under theirjurisdiction, to identify prehistoric and historic sites or features in areas proposed for surface-disturbing projects. Sites discovered will be evaluated for significance following National Registerof Historic Places criteria, in consultation EZrith the State Historic Preservation Office. The managingagencies will consider the effect of any proposed undertakjng on sites which meet the NationatRegister criteria by following regulations of the Advisory Council on Historic Preservation ormemoranda of agreement negotiated with the Council.

Projects with ground-disturbing activities in National Register eligible sites will be relocated.Project cancellation or mitigating measures will take place in areas where relocating a plannedproject is not feasible. Mitigation will usually be an attempt to extract and preserve those attributesof a site which qualify it for the National Register,

The managing agencies will consult with, and invite the participation of, the Tribes on proposedsurface disturbing activities.

The nzartz@ng agencies will protect and/or stabilize cultural resource sites from human-caused ornatural sources of erosion or deterioration gvere possible.

The managing agencies will increase emphasis on enforcement of established laws, regulations, andpolicies related to the protection and preservation of cultural resource values. A monitoring planwi.U be developed and implemented to document changes (natural and human-caused) and ensureadequate protection.

The managing agencies will develop and implement a public information/education programaimed at increasing pubtic awareness of and appreciation for the significance of cultural resources.

Li.mited Federal or State acquisition to protect significant cultural properties on private landswithin the corridors will be pursued by the managing agencies. Protection of cultural properties onprilate lands will be achieved through acquisition of fee title, easement, or other cooperative effortswith willing landowners. Managing agencies will promote protection of cultural resources onprivate lands within the corridors using education or landowner incentive programs.

The BLM, LISFS, and State Parks will coordinate efforts to conduct a comprehensive inventory oflands within the corridor boundaries.

Guttural resources will continue to be protected, stabilized, or preserved in areas where high levelsof recreation occur on public land, Public use will be encouraged in non-culturally sensitive areas asa protective measure. High use areas will be designed to route access away from s(gnificant culturalresource sites. Recreation use will be prohibited in sites where impacts could not be mitigated oravoided. Access and interpretation of cultural resource sites on public lands with high educationalvalue may be provided subsequent to appropriate mitigating measures.

The NatkmaI Grasslands will selecti-crely enhance and interpret cultural resources, \vith priority onidentif\G~g sites that will compliment management emphasis of specific National Grassland areas.- ”

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The appropriateness for on-site interpretation of sites on BLM administered lands will be based onfurther inventory.

Increase public awareness and appreciation for cultural resources and solicit the public’s support inthe protection of those resources through outreach and education programs.

Detection of damage by vandalism will trigger mitigation activities and/or law enforcementinvestigations. Promote on-site public appreciation of cultural resources and awareness of thesignificance of protecting these resources by installing interpretation facilities in campgrounds andtrailhead areas.

A comprehensive monitoring plan will be implemented. Special emphasis will be placed on thosesites that are most vulnerable to impacts.

Information and Education

The managing agencies will become actively involved in seeking volunteers to assist in publicin.formation and education programs, encourage stewardship, and to provide annual care for thecorridors. The managi.ng agencies will also coordinate efforts with private landowners, and localand regional conservation groups to conduct year-round protection of river related resources.

The managing agencies will install easy to read signs with regulations, resource information, andadministration actions clearly visible in high use areas to meet ma.nagement objectives.

The managing agencies will develop a strategy to incorporate “Tread Lightly”, “Pack It In - Pack ItOut”, It No Trace Camping”, and “NO Trespassing” ethics into the public information and educationprogram. Interpretive kiosks and/or small interpretive signs emphasizing minimum impact ofpublic lands will be installed in key access areas within both river corridors.

The managing agencies will emphasize the development of a coordinated public information andeducation program which utilizes volunteer events, local displays, interpretive signs, brochures,maps and other public outreach strategies to gain public understanding of river resou.rces,management goals and objectives, and respect private landowners rights.

In cooperation with State Parks and Madras/Redmond Chamber of Commerce, the managin.gagencies will develop a Wild and Scenic River interpretative display at Ogden State waysideinformation center.

Brochures, signs and interpretive materials will contain information on access roads, trails, parking,camping, and resource protection strategies.

The managing agencies will develop a coordinated sign plan for the river corridors. Signs installedat camping areas, day use areas, trailheads, and other appropriate use areas will be of the same signdesign standards where feasible. Facilities and major use areas will be clearly signed to encourageappropriate use.

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Law Enforcement and Emergency Services

The managing agencies will increase law enforcement presence in both river corridors tvh.iileimproving law enforcement communications between agencitcT. Annual meetings wilI be conductedto facilitate better coordination. A uniform communication network will be implemented. Publiceducation and enforcement patrols will be conducted, as defined by the coordin:3tion team withprivate landowner and recreation staff involvement.

ELM, National Grasslands and local fire districts will continue coordination efforts through theCentral Oregon Cooperative Fire &%vtagement Plan and be jointly invo!cyed in fire suppression andfire prevention responsibilities.

The BLh4 and National Grasslands will continue fire suppression responsibilities on public landswithin the corridors. Wildfire suppression will occur at whatever level necessary to protect publicvalues and adjacent private property with minimal mechanical disturbance.

The managing agencies will provide technical assistance to private landowners in pJanningprescribed burns to reduce fire hazard. Coordination ivith county fire permit information centerswill occur to provide consistency between public land fjre closures and burning on private lands.

The msn;3ging agencies will develop a cooperative search and rescue plan with local, county,, state,and federal agencies and hospitals.

Public land safety regulations will be developed along with an active signing campaign within highuse areas_ ~ .

The managing agencies Lj:ill improve response to potential natural and human-caused emergenciesby providing “Radi.o Help” during high visitor use periods when feasible.

The managing agencies ivill incorporate fire regulations, fire hazard, and indisidual Iiabilityinformation into the coordinated public information and education program.

Utility and Transportation Corridors

Those applying for right-of-ivay permits for utility and transportation corridors ~44 be encouragedto locate nebv facilities adjacent to existing facilities. All rights-of-way applications to the managmgagencies wilt be revieived using the criteria of following existing corridors wherever practical candn\*oiding proliferation of separate rights-of-way. Recommendations made to applicants and actionsapproved will be consistent with the Brothers~~LaPine Resource .Managemcnt Plan, Crooked RiverNational Grassland Management Plan, and Wild and Scenic River standards.

No additional river crossing sites on BLM and National Grasslands within the Middle l&chutesand L,obrcr Crooked Wild ;3nd Scenic River boundaries will be permitted. Replacement or upgradeof existing facilities that cross the ri\:ers will be allowed if a qualitative assessment shows nosignificant, long-term adi:erse impact to ou tstandinglp remarkable values.

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Replacement of existing facilities will be allowed at the current level of development within existingutility corridors. All rights-of-way applications will be reviewed on a case-by-case basis andallowed only if the outstandingly remarkable values were not significantly affected. Areas withinexisting corridors having high or sensitive scenic qualities will be avoided or appropriate mitigationmeasures will be taken.

Mineral Resources

The BLM and National Grasslands reserve rights to sub-surface minerals throughout the rivercorridors.

Mineral exploration and development on public lands with.in the river corridors will be regulatedto prevent unnecessary and undue degradation to outstandingly remarkable values.

The managing agencies will grant no special uses that will have a direct and adverse effect uponri,ver related values within the Middle Deschutes and Lower Crooked River corridors.

Leasable minerals such as oil, gas and geothermal will remain open for leasing on BLM lands.Surface occupancy is not allowed within the Middle Deschutes and Lower Crooked River corridorsunless activities can be mitigated. Evidence of surface occupancy, exploration, or similar activitiesshould not be visible from these rivers. Evidence of reclamation upon activity completion will berequired to be substantially unnoticeable. All activities will use existing roads to the fullest extentpossible.

On National Grasslands, use, occupancy or surface disturbance will not be allowed within the rivercorridors.

New saleable mineral material sites will not be authorized on BLM managed public lands withinthe Middle Deschutes and Lower Crooked Wild and Scenic River boundary areas. Private su.rfaceand sub-surface right acquisition or scenic easements will be pursued with willing mineral rightholders to mmimize potential i.mpacts to scenic quality.

Existing saleable mineral leases on BL.M managed lands will be required to remain consistent withthe long-term protection and management of other resource values. These existing activities may bevisible from the rivers but should not attract attention, leave long term visual impacts, or be locatedon steep slopes. The evidence of reclamation is required to be substantially unnoticeable afterreclamation has been completed. All activities will use existing roads to the fullest extent possible.

Common (saleable) mineral material sources will not be inventoried or developed within thoseareas designated as wild and scenic rivers on National Grasslands.

Areas not specifically withdrawn from mineral entry on BLM public lands will continue to be openu.nder the mining laws to help meet the demand for locatable minerals. Mineral exploration anddevelopment on$ublic land will be regulated to prevent unnecessary and undue degradation. Aplan of operation will be required prior to commencing locatable mineral use operations in areas

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II. mrlagcmcnt Plm

Under state law, the Division of State Lands (DSL) is responsible for the management of the bedsand banks of navigable waterbodies (ORS 274.005-274.590). DSL is the administrative arm of theState Land Board, composed of the Governor, Secretary of State, and State Treasurer. Underconstitutional and statutory guidelines, the Board is responsible for managing the assets of theCommon School Fund. These state-claimed assets include the beds and banks of Oregon’snavigable waterways and are to be managed for the greatest benefit of the people of this state,consistent with the conservation of this resource under sound techniques of land management.Protection of public trust values of navigation, fisheries, and public recreation are of paramounti.mportance, too.

The original federal test for determining navigability was established in TIE Dnnid Bnll case over100 years ago. This U.S. Supreme Court admiralty case clarified that rives “are navigable in factwhen they are used, or susceptible of being used, in their ordinary condition, as highways ofcommerce....” Interpreting the requirement, subsequent court decisions have adopted this test fortitle purposes and have ruled that a waterbody is navigable if it was capable of use, at the time ofstatehood, as a public highway for transporting goods or for travel in the customary modes of tradeand travel on wrater.

DSL has determined that there is sufficient evidence to claim navigability and state ownership forthe beds and banks of the Middle Deschutes and L,ower Crooked River. The position of the BLMand the U.S. Forest Service is that navigability of the river has not been established.

For purposes of managing the above portion of these rivers, any non-federal activities or land usessuch as new utiI.ity or transportation corridors and boat ramps or similar facilities that impose intoor cross a waterway below ordinary high water require an easement from the State Land Board.Existing non-federal facilities will require an easement at such time as they undergo majorstructural alteration, replacement, or relocation. In addition, removal of non-federal sand andgrax:el requires a royalty iease and any non-fed.eral use that occupies any area of submerged orsubmersible land requires a waterway lease.

Further, the DSL also administers the State’s Removal-Fill Law which protects Oregon’s waterwaysfrom uncontrolled alteration. The law requires a permit for fill or removal of more than 50 cubicyards of material within the State’s waterways. The permit-review process involves coordinationwith the natural resource and land use agencies from the local through the federal levels. WithinOregon Scenic Waterways, special authorization is needed from the Board and. DSL for “anyalteration of the beds and banks” of the Deschutes River within the plan area. (ORS 390.835)

Nothing set forth herein shall limit the ability of the Bureau of Land Management or U.S. ForestService to administer these rivers. The Bureau of Land Management, US. Forest Service, State,County, and local governments will continue to work together to assure that the public trustinterest and the purpose of the Wild and Scenic Rivers Act are met.

Nldle lJeschutes/Lower Cm&dWild and Scenic River hnagement Plan

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State Scenic Waterway Boundary

The St;3te Scenic Waterway boundary on the Middle Deschutes River wiU remain unchanged (as auniform 1\4 mile boundary on either side of the river in Segments 3 and 4. Pulslic land managersiml prix~3te landowners within the corridor boundary are responsible for complying to the StateScenic W’aterway Program regdations ar7d guidelines as discussed in Chapter 3:

hrild an41 Scenic Rivers’ Boundary Delineation Process

The LViid ad Scenic Rivers Act (Section 3(b)) specifies that after a river is designated, the agencycharged it’ith its administration must establish detajIed boundaries delineatin,15 the Iand area withinthe ri’c:er corridor that svikl be managed under the Act. The Act specifies that the area avithin e~hcwridw should not average more thiln 320 acres per river miie on both sides of the rioter, placingthe boundaries an average of I/4 mile from the river on each bank. This allows for irregularboundaries on either side of the ri\rer. Boundary delineation decisions are made OH). the basis oftopographj~, location of outstanding resources, land ownership and use patterns, and publiccommeFl t.

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III. Oregon Scenic w&?rwn y Progrm

A. Background

The Oregon Scenic Waterway Act was established by a ballot initiative in 1970. The original OregonScenic Waterways system created by the Act included 496 free-flowing miles of six rivers.

Rivers can be added to the system throu.gh designation by the Governor or the legislature. Suchactions have added significant mileage of five rivers, as well as Waldo Lake, to the ScenicWaterways system since passage of the original Act.

Rivers can also be added to the system by the citizens of Oregon. In 1988, Oregon voters passed theOregon Rivers Mtiative (Ballot Measure #7), which added 573 river miles to the system. Theseadditions included the segments of the Middle Deschutes River from Robert Sawyer Park toTumalo State Park, and Deschutes Market Road to Lake Billy Chinook. There are now one lake andsegments of 19 rivers (1,148 miles), in the State Scenic Wat&ways system.

B. Program Goals

The scenic waterway program promotes cooperative protection and wise use of rivers in the systemby all agencies (federal, state and local), individual property owners and recreation users. Fivegeneral‘program goals include:

1. To protect the free-flowing character of designated rivers for fish, wildlife and recreation. Nodams, reservoi.rs, impoundments or placer mining activities are allowed on scenic waterways.

2. To protect and enhance scenic, aesthetic, natural, recreation, scientific, fish and wildlife valuesalong scen.ic waterways. New development or changes of existing uses proposed within a scenicwaterway are reviewed before they may take place.

3. To protect private property rights. The Act discourages unsightly structures or inappropriatedevelopment that could be a nuisance to neighboring landowners and/or even depreciate propertyvalues. It prohibits pollution and the disturbance of adjacent surface lands by pI.acer mining. It alsoprohibits public use of private property without explicit consent of the landowner.

4. To promote expansion of the scenic waterway system. The Act sets up a process for adding newrivers to the system and establishes criteria for candidate rivers.

5. To encourage other local, state and federal agencies to act consistently with the goals of theprogram, Oregon State Parks reviews plans and decisions made by other agencies to ensureconsistency with the scenic waterways program.

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6. Administration

The Act and the Commission’s rules require the evaluation of proposed land use changes withinone-quarter mile frcm the ordinary high water line, on each side of the river, for their potentialimpacts on the special attributes of the river. Property owrwrs \vanting to build roads OF houses,extract nGnerals and aggregate, harvest timber, or other similar projects, must provide writtenrwtificatim to thcl Oregon Skate Parks ‘and Recreation Department. Parks valuation of the projectwill be coordinated ~vith other natural resmme agencies (federal and state) having regul.atoryrespmsibil.ity and with the local jurisdiction. Parks relies on its river classification andadministrative rules for each segment of the scenic waterway to determine whether the proposedprojmt is incmy~~tible or inconsistent with the designated classification, State Parks w9.U ~vork withthe hndowner to reach a resolution of conflicts. Where such resolution cannot be reach&, the

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Commission must decide within one year of the original notification whether to pay the propertyowner for the land or the development rights. If the Commission does not decide within one year toacquire the land or development rights, then the landowner may proceed in accordance with theoriginal development proposal,

Other local, state, and federal agencies must comply with the scenic waterway law and rules. Parkscoordinates the program with other state and federal agencies to assure their actions are compatiblewith scenic wateway Act, administrative rules and resource management plans.

D. The Management Planning Process

The goal of the scenic waterway management planning process is to develop a comprehensive andworkable management plan which will protect or enhance the special attributes of the designatedriver corridor. Primary emphasis is the protection of aesthetic, scenic, fish and wildlife, scientific,and recreational features.

The intent is to m,aintain the existing scenic condition of the area, without “turning back the clock”on existing land uses. The mechanisms for protection and enhancement include:

River Classification - Within the management plan, scenic waterways are classified into one ormore of six possible classifications, according to the character of the landscape and the amount andtype of development.

Administrative Rules - Once the classifications are set, specific guidelines for new development areestablished as land management rules.

Other Management Recommendations - These are suggestions for actions to protect or enhancecorridor values. Implementation could be through the State Parks Department, other state agencies,federal agencies or local agencies, organizations or persons.

E. Scenic Waterway Classification

Und.er Oregon law (ORS 390.345 - Functions of the department; use of adjacent lands), the scenicwaterway program is administered by the State Parks and Recreation Commission, and staffed theOregon State Parks and Recreation Department. The Parks Department is required to protect theaesthetic, scenic, fish and wildlife, scientific and recreation features based on special attributes ofeach river. The Parks Department strives to protect special attributes of the river while recognizingexisting land uses Land management practices on adjacent lands.

In order to define and achieve management goals, the river is classified into one or more of sixpossible classifications according to the present level of land d.evelopment, committed land uses, orlandscape alterations. Once the classifications are set, appropriate guidelines for new developmentor landscape alterations are establi.shed as rules. The major aim of the program is to maintain theexisting scenic condition of the river.

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The followjng are existing land use and land alteration conditions usually associated with each ofthe six ri\:er classifications; and how each kind of classification should be administered (managed)in scenic watenvays:

1. Natural River Areas are generally inaccessible except by trail or river, Frith primiti\Te ortnin~mally developed shorelands. Preservation and enhancement of the primitive character of theseareas is the goal of this and the next two classifications.

2. Accessible Natural River Areas are relatively primitive, undeveloped areas with access byrailroad or lightly traveled road.

3. Natural Scenic View Areas are designated where one riverbank is inaccessible, unde\:eloyed orprimitive in character while the opposite bank is accessible and deireloped.

4. Scenic River Areas may be accessible by roads, but are largely undeveloped and primitiveexcept for agriculture and grazing. River segments considered “Scenic” are managed to maintain orenhance their hjgh scenic quality, recreation value, fisher57 and wildlife habitat. The intent is topreserve their largely undeveloped character while allo\ding continued agricultural land use.

5. Recreational River Areas are readily accessible bg: road or railroad, with some agricultural,commercial and/or residential development along the banks; the river may have undergone someimpoundment or disersion in the past. River segments consid.ered “Recreation” are managed toallow continuance of compatible river-oriented public outdoor recreation opportunities, to theextent that these do not substantially impair the natural beauty of the scenic waterway or dinrinjhits aesthetic, fish and wildlife, scientific and recreational values.

6. River Community Areas are river segments where the density (residential tract or plattedsubdivision) 3i: existing structures or other developments precludes appBicatiorr of a nrortsrestrictive classification. River segments considered “Community Areas” are managed to allowdevelopment that is compatible with count): zoning and blends into the natural character of thesurrounding landscape. Thjs also means protecting riparian vegetation, and encouraging actis*itiesthat enhance the landscape.

The rules established for each river classification generally allow some new construction andcontinued use of existing structures and improvements. Though some improvements requirenotification, W&IV and ‘approval, tnanv others do not. For example, notification and approval isnot generally needed for construction of new fences; maintenance of farm buildings, fences oroutbuildings; laping of irrigation lines; crop rotation; removal of danger trees; construction of grainstorage facilities under certain conditions; maintenance of existing residences and outbuildings;minor residential remodeling; construction of garage adjacer7.t to existing homes; certain changes inhomesite landscaping; maintenance of roads and bridges; and firewood cutting for personal use.

Mining, road building, construction of most new structures, placement of mobile homes, landclearing and timber harvest are examples of activities requiring approval. River classifications andthe associated rules or guidelines determine how the natural and scenic beautjc of the river will bemaintaIned.

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F. Middle Deschutes Scenic Waterway Land Management Program

The Oregon State Parks and Recreation Department proposes to apply four classifications to givensegments of the Middle Deschutes Scenic Watenvay. Classification locations and explanations forwhy each is applied to river segments are provided below:

1. River Community Areas

A. From Sawyer Park at approximately river mile 164 to the northern Urban Growth Boundary ofthe City of Bend at approximately rii:er mile 161, the river is classified rv’orth CiQ j&& Xi~etCorzrrrtlnify Arm. Except for Sawyer~Park, this entire segment is in private ownership with riveraccess limited to the park. Downstream of the park, numerous developments are very prominent,some encroaching over the edge of the rimrock. Adjacent to the west side of the river an irrigationflume maintenance road is visible as are subdivision and public roads.

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The management goal is to allow development that is compatible with City of Bend and Des&u&sCounty zoning and ensure that any new developments are unobtrusive.

B, From approximately river mile 129.9 to 131.5, the residential bu.ilding lots #‘l-50 within Phase 5 ofthe Crooked River Ranch subdivision as specified on the Nat Map recorded November 1973, inbook 2, Pages 253-255, in the Deschutes County Clerk’s Office, the river is classified Cre&r~ R~:.wRlilllll liiiw Cotmmihj Am I.

C. From approximately river mile 124.3 to 125.25, the residential building lots #l-107 within lfhase12 of the Crooked River Ranch subdivision as specified on the Flat Map recorded June 1975, in book12, Page 582, in the ,lefferson County Clerk’s Office, the river is classified Cr~&cd R~XY Rarzdl RizjtrrConrnrwity Arm 2.

Crooked Rixfer Ranch is an unincorporated residential development of over 2,260 individualparcels. The Ranch features a golf course, extensive road system and utilities.

The mam-igemcnt goal is to alloiy development that is compatible lvith applicable county zoningand ensure that auv new developments are unobtrusive,

2. Rccreationai River Areas

From the northern Urban Growth Boundary of the City of Bend at approximately river mile ‘141downstream to Tumalo State Park at approximately river tnile 158, the river is classified Ra~nsfic~l&?w Am7. Private development surrounds Tumalo State Park and developments are prominentalong the canyon rim. -4ccess to the river in the first mile is limited to private ownership and steepterrain, Access is available in the lower segment because of public ownership and a river trail.

The management goal is to preseme the area’s recreational quality and ensure th;lt any neit’developments blend into the natural character of the surrounding landscape.

3. Scenic River Area

A. From Deschutes Market Road at approximately river mile 157 downstream to the southboundary of the Wilderness Study Area at approximately river mile 131, excluding the Cline Falls

dam and po\verhouse section between the State Highway 126 Bridge and river mile ‘l&-l and theCrooked River Ranch Community Area 1, the river is classified Scenic- Riwr Arcs. BetjseenDeschutes Ivlarket Road and Lower Bridge much of the riverfront land is privately owned. This areahas been developed or subdivided into parcels in sizes ranging from l/2 acre to 5 acres. The Bureauof Land M~anagement manages land near Awbrsy Falls at appro*imatell; river mile 152.6 as definedin the Brothers/LaPi.ne Resource Management Plan. Other Public lands located i~ithin the NationaP\‘ild and Scenic River corridor will be managed as defined by the overall management plan.

Used mostly for recreation and grazing, the area within the canyon is unimproved except for trails.At about river mile 146, the Eagle Crest destination resort and residential development area lies onthe canyon rim :vest of the river and upstream from Cline Falls State Park. A trail has beenconstructed near the left bank of the river and the majority of residential units proposed for

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III. Oregon Swnic Waterway Program

construction along the rim have been built. An unmaintained but well-used footpath crossi.ng bothprivate and public land exists on the east bank directly across from Eagle Crest. Downstream ofEagle Crest, Cline Falls State Park provides day use facilities and river access. Oregon Route 126crosses the river on the north boundary of CLine Falls State Park. An abandoned highway bridgeand the Cline Falls hydroelectric dam and powerhouse are north of Route 126. Two largesubdivision tracts are downstream; Odin Falls Ranch at approximately river mile 138 and LowerBridge Estates at approximately river mile 135. The majority of lots in these subdivisions areundeveloped.

Between Lower Bridge and the south boundary of the Wilderness Study Area large lots of privatelyowned land remain relatively undeveloped except for agricultural uses. An old county road runsfor several hundred yards along the west bank of the river north of Lower Bridge. This section ofriver marks the transition zone between sh.allow and deep river canyon characteristics.

The management goal is to preserve the area’s scenic quality by ensuring th.at all newdevelopments blend into the natural character of the surrounding landscape and preserveundeveloped character associ.ated with agriculture uses.

4. Natural River Area

From the south boundary of the W7ildemess Study Area at approximately river mile 131 to the LakeBilly Chinook stream gauge at approximately river mile 120, excluding the Crooked. River RanchCommunity Areas as described in the River Community section, the river is classified .Nufwd RimArea. In this eleven mile segment, the river courses through a deep canyon with multiple rimrockformations and a variety of colors and textures in the walls. Within the river canyon there are nodeveloped recreation facilities, though hiking, fishing, hunting, and primitive camping uses areevident.

The management goal is to maintain the primitive character of the landscape.

Proposed Lam8 Mnrtagentertt Rules

1. River Community Areas

Rule: Within this area, all new structures, improvements and development shall be in compliancewith the Land Management Rules as described in OAR 736-40-035 and 0,411736-&O&(l)(f), and.be consistent with applicable City of Bend and Deschutes County land use and developmentregulations. Improvements needed for public recreation use or resource protection shall bedesigned. to blend with the natural character of the landscape.

The Crooked Riwr Rnrrch Rim Conrmnify A w I

Rule: Within this area, all new structures, improvements and development shall be in compliancewith the Land Management Rules as described in OAR 73&N-035 and OAR 736-K&O&J(l)(f), and

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be ciansistent with applicable L&chutes County land use and development regulations. There willbe no further partitioning of designated Commumty Areas for residential development.lrnprovenaents needed for public recreation use or resource protection shall be designed t&t blendwith the natural character of the landscape.

Rule: Within this area, at1 new structures, improvements and development shall be in compliancewith the Land Management Rules as described in OAR 736-40-035 and OAR 7Z%-4U-f?#(I>(QI andbe consjstent with applicable Jefferson County land use and development regulations. There will beIII? further partitioning of designated Community Areas for residential devefapment.Improvements needed for public recreation use or resource protection shall be designed to blendwith the natural character of the landscape.

2. Kecreationd River Areas

Rule: \Yithin these areas, all new structures, improvements and development shall comply with theLand hIanagement Rules as described in OAR 7X%-N-035 and OAR 7%-40-040(l)(c)(B), and beconsistent with appticable Deschutes County land use and development regulations.

New structures and improvements shall be set back a minimum of 100 feet from the ordinary highwater line of the river. A set back of 20 feet,$or more is required from the edge of the rim rock (wherethis feature esists). The exact distance for the above setbacks shall be determined on a case by casebasis and shall be dependent on existing terrain, existing vegetation, height of proposed structure,<ami applicable county setback requirements.

h’ew structu.res shall be finished in colors and tones that blend with the surrounding landscape. Fwthe purposes of this rule, landscape includes indigenous vegetation, soils, and ruck material.Natural evergreen vegetation will be maintained between the structures and the river. Theestablishment of additional Lregetative screening (preferably native vegetation) may be required tofurther mitigate the visual impact of the structure as seen from the river.

R~lads, mines and similar forms of development shall be set back from the river consistent ivithCounty zoning and land development requirements and be screened from view from the river bytopography, or by existing or established eirergreen vegetation.

Improvements needed for public recreation use or resource protection shall be designed to blendwith the natural character of the landscape.

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III. Oregon Scenic Wataway Program

3. Scenic River Area

7% riwfrom Deschutes Market Road to the section boundary, excluding fhc Cline Falls dam andpowrhozm section, between the Stafe Highway 226 bridge and river mile 243.

Ruie: Within thjs area all new structures, improvements and development will comply with theLand Ma.nagement Rules as described in OAR 73630435 and OAR 736-40-040(l)(b)(B) and beconsistent with applicable Deschutes County land use cand development regulations.

New structures and improvements shall be set back a minimum of 100 feet from the ordinary highwater line of the river. A set back of 20 feet or more is required from the edge of the rim rock (wherethis feature exists). The exact distance for the above setbacks will be determined on a case by casebasis and will be dependent on existing terrain, existing vegetation, height of proposed structure,and applicable cou.nty setback requirements.

New structures shall be finished in colors and tones that blend with the surrounding landscape. Forthe purposes of this rule, landscape includes indigenous vegetation, soils, and rock material.Natural evergreen vegetation shall be maintained between the improvements and the river. Theestablishment of additional vegetative screening (preferably native vegetation) may be required tofurther mitigate the visual impact of the structure as seen from the river.

Roads, mines and sim.ilar forms of development shall be screened from view from the river bytopography. Within this area no new roads or mines shall be allowed below the canyon rim.

Im.provements needed for public recreation use or resource protection shall be designed to blendwith the natural character of the kandscape.

4. Natural River Area

From the south boundury of fhe Wilderness Sfudy Area at approximately riuer mik 131 fo Luke BillyChinook, excluding the Crooked River fianclz Rim Commzrrrity Areas,

Rule: Within this area a1.l new structures, improvements and developments shall comply with theLand Management Rules as described in OAR 736-40-035 and OAR 73640440(l)(a)(C), and beconsistent with apphcable local land use and development regulations.

No new structures and improvements shall be allowed within this area unless fully screened fromview from the river by topography except those minimal facilities needed for resource protection orpublic outdoor recreation,

Roads, mines and similar forms of development shall be permitted only when fully screened fromview from the river by topography. Any existing roads shall not be extended, realigned, ori.mproved substantially unless fully screened by topography. All excess road construction materials

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(side cast) shall be removed to lncatiorx screened from E+W from the river and where the): can notbe tmnqwrted by gravity to the river.

New structures, improvements and development needed for resource protection or public outdoor

recreation use shall be primitive jn character and designed to blend with the natural character of thelandl;cqw. These structures shall be finished in colors and tones that blend with the surroundkng1andscape. For pwp~~cs nf this rule, landscape includes indigenous Lregetation, so& and rockmi&rial.

‘I. Pubk agencks should develop and install small interpretise signs in key areas within the rivercorridor. Public ;qyncies should develop and install a large interpretive display at Peter SkcneOgden Wayside.

2. h-fartaging agencies shcruld axxdinate efforts to ccnduct a comprehrnsive culturzJ intwtorg ofI;mds lvjthh the corridor boundaries. Managing agencies should promote the protection of cuLturalre3xmx5 irn private Ix& through landotvncr incentive programs.

8. The Stnte Parks Department shall seek the cooperation of all local, state and federal agencies inmeeting the ohjecti\-es of this prsgcam and compls;ing with tht! State Scenic M’akrway .4ct andState Park Cc1mmisskx3 rutes.

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Iv. Implementation and Monitoring Strategy

A. Roles and Interagency Relationships

The Middle Deschutes/Lower Crooked Rivers’ Management Plan serves as a subordinate site-specific activity plan which compliments and implements portions of the Brothers/LaPine ResourceManagement Plan (RMP) and the National Grassland Land and Resource Management Plan. TheseRMP’s currently proxride direction for all resource management programs, practices, uses, andprotection measures on lands managed by the Bureau of Land Management and NationalGrasslands in the general vicinity of the river corridors. Since the Brothers/LaPine and NationalGrassland RMP’s are already in effect, they will later be amended to incorporate the RiverMan.agement Plan.

Successful. implementation of the Middle Deschutes/Lower Crooked Rivers’ Management Plan willrequire close coordination and cooperation between numerous federal, state, and local governmentagencies. The primary roles and responsibilities of these management partners are outlined inChapter 1. Specific roles and responsibilities of the joint management partners beyond thosepreviously outlined are discussed throughout the remamder of this Chapter.

In general, each managing agency will be responsible for management and plan implementation forlands under their jurisdiction. Each managing agency will also be responsible for entering i.ntocooperative agreements with the other managing agencies to ensure management consistencywithin the river corridors. Management of private landowner compl&xe to State Scenic Waterwayrules on the Middle Deschutes River will remain the responsibility of State Parks in cooperationwith Deschutes and Jefferson counties. State Scenic Waterway rule making actions andresponsibilities as defined in this plan remain subject to state-level ru1.e making and adoption.

B. Cost Estimates

Management actions proposed under each alternative have been combined into five maincategories for budgeting purposes. The four categories include: 1) Area/Facility Development, 2)Resource Analysis Projects, 3) Annual Operation and Maintenance, 4) Annual ProgramManagement, and 5) Monitoring Equipment. The management intent is to implement these actionsas soon as the necessary funding can be secured through the agency’s budgeting process. Estimatedcost figures are derived from both BLM and National Grassland funding requirements and arebased on fiscal year 1992 dollar values. Refer to Table 15 for an estimated cost breakdown.

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TOTAL

Resource AnaIysis Projects (2)

TOTAL

$482,UUO

cost

10,000

$226,050

Agency Resp.

Agency R@SF.

BLM,CRNG

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IV. Implementation and Monitoring Strategy

Annual Operation and Maintenance (3)

Road Maintenance

Trail Maintenance

Campgrcxmds

Dispersed Use Areas

Trailheads

Signs

Interpretive Devices

Private Land Interface

TOTAL $48,000

Annual Program Management (4)

xcesResource Mana ement (monitoring resowas described in iit e momtoring scctlon)

Information and Education Program

Volunteer Program

Vehicle Costs

Equipment Charges

Fire Suppression

Law Enforcement

Commercial Recreation

Coordination with Other Agenciesand Publics

$35,555 BLM,CRNG

25,055 BLM,CRNG

4,550 BLM,CRNG

3,555 BLM,CRNG

5,555 BLM,CRNG

25,500 BLM,CRNG

12,055 BLM,CRNG

2,500 BLh4,CRNG

15,555 BLM,CRNG

TOTAL $116,800

cost Agency Req.

15,555 BLM,CRNG

5,505 BLM,CRNG

5,550 BLM

5,555 BLM,CRNG

7,550 BLM,CRNG

4,550 BLM,CRNG

6,000 BLM,CRNG

5,555 BLM,CRNG

cost Agency Resp.

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Monitoring Equipment (5) cost

Water Quality Monitoring Equipment $15,555

Fish Habitat Survey Eq.uipment 2,555

Recreation Use Monitoring Equipment 5,555

Miscellaneous Equipment 8,555

TOTAL

Agency Resp.

BLM,CRNG

BLM,CRNG

BLM,CRNG

BLM,CRNG

1) Cats related to survey, design, and construction 2x included in these figures.

The monitoring prescribed in this plan is in addition to the monitoring standards established in theBrothers/LaPine Resource Management Plan and Crooked Rix:er National Grassland Land andResource Management Plan, It expands these RMP’s to address resource specific issues of theRliddle Deschutes/Lower Crooked River Management Plan.

The monitoring and evaluation of this plan will be based, whenever possible, upon the Limits ofAcceptable Change concept (LAC). LAC is based on the premise that change to the ecological andsocial conditions of an area will occur as a result of natural and human factors. The goal ofmanagement is to keep the character and rate of change due to human factors within acceptablelevelsthat are consistent with plan objectives and protection of the river’s outstandinglyremarkable values.

The primary emphasis of the LAC system is on the desired resource condition, rather than on howmuch use or abuse an area can tolerate. The management ch.allenge is not one of ho\v to preventany human-induced change in the planning area, but rather one of deciding what changes shouldoccur, how much change will be allowed, what management actions are needed to guide andcontrol it, and how managers will know when the established limits are being or have beenreached.

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IV. Implementation and Monitoring Strategy

Once in place and functioning, the mechanics of the LAC system can alert the managing agencies tounacceptable change in the river corridor before it is too late to react. For each river value to bemonitored, one or more key indicators are selected which allow managers to keep attuned tochanges in the ecosystem or social setting. For each key indicator, a standard is set. This is thethreshold value which determines the amount of change that is either desired or will be accepted.The purpose of the indicators and standards is to provide managers with a tool to determine if theresource values and opportunities they are managing for are actually being provided. Thestandards serve as “triggers” which cause predetermined management actions to be implemented

It of

when the limit is being-approached. ^

The LAC process is designed to be the foundation for the long-term protection and enhancementhe primary river-related values in the river corridor, The process must, however, be flexibleenough to allow for unique site-specific situation, and to provide ample opportunity for publicinvolvement and adjustment as our resource and social knowledge base increase.

The followi.ng section outlines the key indicators, management standards, and monitoring that willbe conducted on the Middle Deschutes and Lower Crooked Wild and Scenic River corridors.

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Value to be Management ActionsMaintained and Key Indicator Management Standard to Triggered if Standard is Sampling Procedure and

Enhanced be Used Not Met Frequency

Water Quality Fecal Coliform A lug mean of 200 fecal colifonn per Identify pssible sources of effluent. Fecal Coliform grab samples taken100 milliliters based on a minimum Work with counties and 1XQ to to a State-Certified lab: samplesof one sample per 30-day period with prepare plan for comective a&on. t2ken in spring, summer, and fall onno more than 10 percent of the 2 yeally basis.samples in a one year periodexceeding 400 per 100 ml.

Temperature Temperature equal to or cooler than Correct management practices that Monitor temperatures with continu-5X degrees or natural water tempera- may be contributing to temperature ously recordnig tcmpcratureture established through baseline rise. instruments.monitoring.

Turbidity No murc than 10 percent iucrcase in Correct management practices that Mouitor turbidity with a automaticnatural stream turbidity as estnb- may be contributing to turbidity rise. water sampler. Samples taken dariuglishcd thmugh baseline monitoring. flushing flows in fall. winter. spring.

md during June. July. and August on2 yearly basis.

pl-I Maintain pll between 6.5 and X.5 Correct management practices that Monitor ~1-1 with an automatic watermay be contributing to pH rise. sampler instrumeut the same

frequency as in turbidity.

Dissolved Oxygeu Correct management practices that Monitor dissolved oxygen with anmay be contributing to a rciluction indissolved oxygen. Negotiate for auincrease iu flow.

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IV. Implementation and Monitoring StrWgy

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Value to beMaintained and

Enhanced

UplandVegetation

Wildlife

Key Indicator

ECOlngii-al cnnditionand trend as indicatedhy the composition ufnes tern j uaiper,sagebrush, Idahofescue. and blnchunchwticatgrass.

River corridor nse hvGolden Eagle. I’rai&Falcon, and l&J-.tailed Hawk.

AlIIc~llI~t of cliff. cave.and talus habitat inriver corridors and11se by sss0ci;1tcdspecies.

Management Standard tobe Used

Tlpland vegetaticm would Ixmanaged to maintain ecolo@calcondition between mid and late seralstatns. Early seral c6nditions wooldbe provided as ncccss~y to pnxidehabitat for aninral spcc~s dependentupon this ecological statns.

Maintain raptor occupancy rateswithin baseline established in 1992raptor inventory.

Protect active bird uf prey nests androosting sites fr6m human distur-bance until nesting, feeding. andflcdping are completed. l’rwideprotectIon of nest sites UK1 nestinghabitat snfficient fur speec~sinvolved. Utilize primary ands e c o n d a r y maIxIgcment mm2

standards defined in the C.‘ronkedRiver Natiunal Cirusslands Land andResuurcc Manag~mcnt Plan forpr6tcckiun uf nesting and roostingsites.

Historic recorits compared withfuture observations should notindicate downward trentls.hlaintain the existing am6mX of cliff.cave. and talus ha&t prcsWtlynvailahle.

Management ActionsTriggered if Standard is

Not Met

Utilize a comlnnation of prescribedfire. mechanical vegetation strate-.@es. and nwsaic juniper thinriingstrategies that result in re.whing themanagement standard.

Short-term spot grazing andchemical management strategieswould be used when no othervegetation managemenr tools areeffective.

If raptor occupancy rates fall below10 wrcent of 1992 hascline. consult

I

with raptor experts to re-evaluateriver management practices.

If loss i>i cliff, caw. ur talus habitatoccurs. prwidc an uff-s-dire mitigationplan,

Sampling Procedure andFrequency

:‘ondnct ecological site inventoryIsing trend plots in differing:c&cical communities on all public. .ands every 3 years.

Gnitor vefetativc managementstrategies tlj dctcrmin~ if theyiuccezsfnlly achieve the manage-nent standard.

I’onduct raptor inventory t6 monitorlest nccupncy rates and species:ompusiuon every 5 years.

Momtor 10 selected Golden Eaglelest sites yearly.

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IV. Implornentation and Monitoring Strategy

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IV. Implemcntatiun anif Monitoring Strategy

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Value to be Management ActionsMaintained and Key Indicator Managemziftndard to Triggered if Standard is Sampling Procedure and

Enhanced Not Met Frequency

Roads/Trails Road erosion and Confine motorized vehicles to Increase road maintenance fre- Monitor routine road maintenancedamage related to designated roads. Maintain roads to quency. Reconstruct/relocate roads ~uxxk yearly. Utilize feedback fromrcuadside vegetation established federal standards. and related facilities (i.e. signs, visitor cont;ict.and facilities. vehicle barriers, etc.) to resolve

unlawful access, resource damage,and road safety problems.

Trail erosion and Maintain trails to established federal Increase trail maintenance frequency. Monitor routine trail maintenancedamage related to standards. Prevent trail networking Reconstruct/relocate trails to reducetmilside vegetation

needs yearly. 7Jtilizc feedback fromusing indirect. methods. Trail use and trail networking and encourage routine patrols on high use trails.

and facilities, as well design will be in keeping with appropriate use. Keep trail maps Establish monitoring points alongas, trail use safety and Kecreation Opportunity Spectrum current. high use user developed trails touser conflicts. (ROS) experience level and visual measure trail depth, width, and

management standards. Develop brochures to iuform and drainage. Remeasure points every 2educate visitors how to avoid peak

During all use periods, there shouldyears for the first 4 years, then every

use periods and reduce conflicts with 3 years afterward. Conduct routinebe no more than 10 other groups other recreationists. If this is

fatrols on high use trails to monitor

encountered per day along user ineffective. create special use areas rvels of use and user conflict.developed and constructed trails. or restrictions for conflicting trail useexcept the Steclhead Falls trail. activities.

Campgrounds Soil stability Impacts to campgrounds and Using basic site protection measures, Inventory all existing and new

and Dispersed dispersed use areas (trailheads, etc...) harden all sites to maintain sitesVegetative loss

proposed sites within the riverwill range between light and heavy between light and heavy standards.

Use Areas based on subjective judgcmentcorridor upon approval of this plan.

Campsites which have receivedTree damage regarding erosion, vegetative change. extreme impacts will be rehabilitated Remeasure all sites once every 3

facility damage. and accumulation of and closed until levels of impactsFacility dnmage litter as follows:

years, or when changed conditionshave heen mitigated to at least indicate the need.

Litter Accumulationmoderate. Other actio~ls could

Light: Previous ground vegetation include: increased user education Feedhack from muti~le campsiteintact allowing natural erosion to efforts in “minimum impact” maintenance patrols.occur. Facility damage and litter is camping techniques and seasonalnot evident. The site has experienced closures of entire campgrounds oronly minimaJ physical changes. dispersed use areas if determined

JlCCCSSliry.Moderate: Vegetative gmwth issomewhat retarded allowin minorabnormal erosion to occur. %races oflitter can be found within andadjacent to the site. Minor vandal-ism. repairable by maintenance, isoccurring on facihtics SIJC~ as tables.Physical changes to the site couldinclude: minor tree limbing,movcmcnt of rocks and semi-stationary facilities.

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Appendix APlanning Participnnts

Management Participation

Jim Hancock, Prineville District Manager, Bureau of Land ManagementJim Kenna, Deschutes Area Manager, Bureau of Land ManagementTom Schmidt, Forest Supervisor, Ochoco National Forest, USFSByron Cheney, District Ranger, Crooked River National GrasslandsSteve Brutscher, Planning/Grants Manager, Oregon Department of State Parks & Recreation

Technical Planning Team Members

Ed Perault, Outdoor Recreation Planner/Team Leader, BLMSusan Kocis, Forest/Recreation/River Planner, Ochoco N. ForestJan Houck, Oregon Department of State Parks and RecreationBerry Phelps, Outdoor Recreation Planner, BLMShaaron Netherton, Supervising Outdoor Recreation Planner, BLM

Agency Associates, Staff, and Volunteers

Dave Bayles, Oregon Rivers CouncilNorm Behrens, Wildlife Biologist, ODFWPaul Claeyssens, Ochoco Nation.al Forest, Forest ArchaeologistDave Corliss, Ochoco National Forest, District ArchaeologistLisa Croft, Forest Botanist, Ochoco National ForestArt Currier, Forest Environmental Coordinator, Ochoco N. ForestDennis Davis, Geologist, Bureau of Land ManagementTed Fies, Fisheries Biologist, ODFWDean Grover, Fish Biologist, Ochoco National ForestRon Halvorson, Botany/T&E Coordinator, Bureau of Land ManagementJan Hanf, Wi.ldlife Biologist, Bureau of Land ManagementJohn Hanf, Range Conservationist, Bureau of Land ManagementJohn Heilmeyer, Riparian Coordinator, Bureau of Land ManagementTharen Jackson, Maintenance Worker, Bureau of Land ManagementSteve Lent, Fire Management Officer, Bureau of Land ManagementGary Miniszewski, River Planner, Oregon State Parks and RecreationLouie Pitt, Confed.erated Tribes of the Czlarm Springs ReservationAlan Rodman, Landscape Architect, Ochoco National ForestL.aurel Skelton, District Recreation Planner, Ochoco National ForestChester Schmidt, Visual Info. Specialist, Bureau of Land ManagementJames Sippel, Recreation Technician, Bureau of Land ManagementAmy Stuart, Wildlife/Fisheries Biologist, ODFWScott Stuemke, Confederated Tribes of the Warm Springs ReservationSteve Castro-Shrader, Law Enforcement, Bureau of Land ManagementDebra Taut, Forest Lands and Minerals Coord., Ochoco N. Forest

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Agency Associates, Staff, and Volunteers (cant)

Marci Todd, Archaeologist, Bureau of Land ManagementLarry Thomas, Soil/Water/Air, Bureau of Land ManagementRon*Vandomelen, Road Technical Adi:isor, Bureau of Land ManagementDaw Young, Fish Biologist, Bureau of Land Management

Middle Beschutesi’Lower Crooked River Citizen Work Group

Rrzx Barber Jr., Agricultural and Water RightsBarbara Butler, Oregon Natural Desert AssociationDoug Dunn, Minerals, Ranching, and Private LandownersDave Leslie, Deschutes County PlannerBob hincRostie, Deschartes Valley Water DistrictChuck h4cGraw Jefferson County PlannerDan Napier, Crooked River Ranch and Private LandownersRon Nelson, Central Oregon IrrigationEric Shul tz, Trout l-J nlimited

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Appendix BReferences

“A Field Guide to the Geology of Cove Palisades State Park and the Deschutes Basin in CentralOregon.“, Bishop, Ellen Morris., Oregon Geology. Volume 52, January 1990., pp. 3-12.

A Cultural Resource Overview for the 1990’s, BLM Prineville District, Oregon., U.S. Department ofthe Interior., Cultural Resource Series No. 5.

Aikens, C. Melvin, Archaeology of Oregon. September, 1984. US. Department of the Interior,Bureau of Land Management, Oregon State Office.

Aldon, Earl F. and. Thomas J. Loring, Editors (1977) Ecology, Uses and Management of Pinyon-Juniper Woodlands. Proceedings of the Workshop. USDA Forest Service GTR Rm-39. Rocky Moun-tain Forest and Range Experiment Station.

American Fisheries Society, “The Best Management Practices for the Management and Protection ofWestern Riparian Stream Ecosystems”, A.F.S. Western Division, 1982.

Brooks, H.C. and Ferns, M.L., ” Geology and Mineral Discussions of the Ochoco National Forest.,1988, unpublished.

Bureau of Land Management, Prineville District, Proposed Brothers/LaPine Resource ManagementPlan and Environmental Impact Statement, September 1988.

Bureau of Land Management, Prineville District, Brothers/LaPine Resource Management Plan,Record of Decision and Rangeland Program Summary, July 1989.

Bureau of Land Management, Prineville District, Two Rivers Resource Management Plan, Environ-mental Impact Statement. 1985.

Bureau of Land Management, U.S. Department of the Interior, 1980 Visual Assessment Guidelines.Washington, DC.

Bureau of Land Management, Oregon State Office, Supplement to the Northwest Area NoxiousWeed Control Program, Final Environmental Impact Statement, March 1987.

Bureau of ,Land Management, Prineville District, Lower Crooked (Chimney Rock Segment) Wildand Scenic River Resource Assessment, January 1992.

Bureau of Land Management, Prineville District, Visual Resources Management Imrentory of theMiddle Deschutes and Lower Crooked Rivers, September 1991.

Bureau of Land Management, Prineville District, Draft Lower Deschutes River Management Planand Environmental Impact Statement, May 1991.

Middle Deschutes/Lower CrookedWild and Scenic Kivcr Management Plan

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Bureau of Land Management, Fire Management of the Public Lands, ‘1980.

Central Oregon Tntergovemmental Council, Overall Economic Development Plan - Annual Report,June 1990.

CIoivers, Gary. 1992. Personal conversations and Raptor Survey Report.

“Deschutes County State Parks Master Plans”, JuIy 1986. Oregon State Parks and Recreation Divi-sion.

Ferns, M.L. and D.F. Huber, 19%, Mineral Resources Map of Oregon.

General Water Quality Best Management Practices. U.S. Department of Agriculture, Forest Sen$ice,PNW Region,, Nov. 1958.

Hull, Tom Department of EnvironmentnI Quality. 9/35/91,, Personal conversation regarding rvaterqualit\r monitoring.i

“Integrated System Plan For Salmon And SteeIhead Production In TheColumbia River Basin”, Prepared by the Agencies and Indian Tribes of the Columbia Basin Fishand Wildlife Authority.

Johnson, Carl Chairman (1977) Proceedings of the 1977 Rangeland Management and Fire Sympo-sium, Missoula, Mt.: University of Montana, School of Forestry, Mountain Forest and Cons. Exp.Station.

Kuzlowski, T.T. and C.F. hhlgren, Eds. (1974) Fire and Ecosystems, New York: Academic Press.

Land Consewation and Development Commission, Oregon’s Statewide Planning Goals, 1990.

Loghry, Roy., U.S. Army Corp. of Engineers. 9/18/91., Personal conversation regarding wraterquality monitoring.

Lower KIickitat River Wild and Scenic River Management Plan and Final Environmental ImpactStatement, U.S. Department of Agrjculture, Forest Serarice, Pacific Northwest Region( Noijember1991.

bfartin, R.E., J. Edward Dealy and Da:id Caraher, Eds. (19783. Proceedings of the Western JuniperEcology and Management \Yorkshop. Bend, OR. January 1977, USDA Forest Sewice GTR PNW-52,Pacific Northwest Forest and Range Experiment Station.

MiIit?r, Jo. U.S. Geologic Survey. 9/16/91., Personal con\rersation regarding stream gauge informa-tion.

Mooney,WC?-25.

70

HA. et al. eds. (1981). Fire Regimes and Ecosystem Properties USDA Forest Service. GTR

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Appendix B

Mineral and Water Resources, 1969, Bulletin 64, U.S. Geological Survey

“Mineral Resource Potential of the Deschutes Canyon Roadless Area, Jefferson and DeschutesCounties“, by George W. Walker, U.S. Geological Survey and Richard A. Winters, U.S. Bureau ofMines, Open-File Report, 83-376.

Ochoco National Forest Land and Resource Management Plan., U.S. Department of Agriculture,Pacific NW Region., 1989.

Official 1988 General Voter’s Pamphlet, State of Oregon General Election November 8,1988, BallotMeasure 7.

Omnibus Oregon Wild and Scenic Rivers Act of 1988.

Oregon Administrative Rules (OAR 736-40-005 to 736-40-095)

Oregon Department of Environmental Quality, Portland Oregon, Regulations Relating to WaterQuality Control in Oregon, 1989. Chapter 340, Oregon Administration Rules.

Oregon Department of Fish and Wildlife, “Oregon’s Trout Plan, ‘4 Plan for the Management ofOregon’s Trout”, November 1987.

Oregon Department of Fish and Wildlife, Personal Communications, 1991-1992.

Oregon Geology, “A field guide to depositional processes and facies geometry of Neogene conti-nental volcaniclastic rocks, Deschutes basin, central Oregon”, Volume 53, Number 1, January 1991.

Oregon Rivers Initiative Fact Sheet and Resource Summary, 1988

Oregon Scenic Waterways Act (ORS 390.805 to 390.925)

Oregon State Comprehensive Outdoor Recreation Plan (SCORE’), 1988-1993.

Oregon State Water Resources Board, Deschutes Basin Investigation Report.

“Petroglyphs of Oregon”, University of Monograph, Studies in Anthropology No. 2. Eugene,Cressman, 1937.

“Pictographs and Petroglyphs of the Oregon Country Part 1: Columbia River and Northern Or-egon.“, J, Mulcom Luring, Louise Luring, 1982. Monograph XXI Institute of Archaeology. Univer-sity of California, Los Angeles.

“Pioneer Roads in Central Oregon”, Lawrence E. Nielsen, Doug Newman, and George McCart,1985.

Mid& Deschutel;/l,o\ver CrookedWild and Scenic River Management Plan

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“Plant Associations of the Blue and Ochoco Mountains”, by Jr. Johnson, Charles Grier, Ctausnitzer,Rodrick R., I_!.S. lI%partment of Agriculture., Forest Service, June, 1991.

“‘Politics and Rivers: Creating Effective Citizen Involvement in M<a.nagement Decisions”. Stephen F.hlcCaol. Joseph L. LAshor. Proceedings of the 1984 National River Rwreatian Sparnposimm, BatonRouge, Louisiana, Louisiana State University, pp. 136-151.

“Prehistq and History of the Ochoco National Forest, Central Oregon, Part 1: Overview CulturalRepart No. Y”, by Minor,Rick, Beckham, Stephen Daw; Toepel, Katl6yn Anne; Greenspan, Ruth L.,US, Department of Agriculture, Forest Service, PNW Region. 1957.

“Prehistory of the Round Butte Area, Jefferson County, Oregon”, Richard E. Ross? 1963

Ratcliff~ K?onald E., Pelton-Round Butte Hydroelectric Project., Wildlife Monitoring, 19%WQ, De-part~nent of Environmental Services, Portland General Electric, Portland, Oregon,, July 1990.

Ratcliff, Donald E., ‘Pelton-Round Butte Hydroelectric Project., Wildlife Monitoring, 1989-90, De-pnrtment of Environmental Services, Portland General Electric, Portbnd, Oregon,, 1991.

Shinn, l&an -4. (15W.9) Iiistorical Perspectives on Range Burning in the Inland Pacific Northwest.Journal of Range Management. 33 (6) November, 1980.

Stark, N. and R. Steele (1977) Nutrient Content of Forest Shrubs Folto~sing Burning. American J. ofBotany. GYClZl 1215-1224. 1977.

“The Recreation Opportunity Spectrum: A Framekvork for Planning, Management and Research’“,PNW Forest and Range Experiment Station, General Technica! Report PNW-98. December, ‘1979,by Chrk, Roger W. and Stankey, George H.

“‘The Limits of Acceptable Change (LAC) System for Wilderness Planning”, January 1985. George E.Petersen, Sidney S. Frissell, U.S. Dept. of Agriculture, Forest Service, Intermountain Forest andRmp Experiment Station, Ogden, Utah Sil&Il. General Technical report XINT-176.

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Appendix B

Wildlife Habitats in Managed Forests, the Blue Mountains of Oregon Land Washington., U.S. De-partment of Agriculture. Forest Service, 1979. Agriculture Handbook No. 553.

Wild and Scenic Rivers Act (16 U.S.C. 1271-1287) as amended through December 1990 (10lst Con-gress).

“Wild and Scenic Rivers Resource Assessment, Prehistory and History of the Upper DeschutesRiver”, Deschutes National Forest, Daniel K. Newsome, 1991.

Wildhfe Habitats in Managed Rangelands - The Great Basin of Southeastern Oregon, March 1986.Jack Ward Thomas and Chris Maser

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Appendix CGlossmy

Access - The ability of recreationists to reach the areas in which they wish to recreate.

Allotment - An area of land where one or more livestock operators graze their livestock.

Alternative - A comprehensive management strategy; when a federal agency is considering anaction, NEPA requires the agency to develop and analyze a range of reasonable alternatives, includ-ing a “no action” or “no ch.ange” alternative. The alternatives must respond to the issues, and mustshow a reasonable range of actions.

Aquatic - Living or growing in or on the water.

Archaeological Site - Geographic locale containing structu.res, artifacts, material remains and/orother evidence of past human activity.

Artificial Structures - Constructed cavities which provide shelter for wildlife, such cis bird houses.

Basic Site Protection Measures - Engineering techniques designed to reduce or control recreationimpacts. In campsites it could include natural or man-made vehicle barriers, graveled surfaces,toilets, footpaths, steps and vegetative plantings. (Also see campsite stabilization.)

Bike - A non-motorized form of transportation normally with two wheels and pedals, many arereferred to as mountain bikes.

Biodiversity - The relative abu.ndance and variety of species, both pkant and animal, in a given area.

Campground - One or more developed campsites in a specific area,

Camping - Outdoor living for recreation.

Campsite - Individual unit for camping.

Campsite Stabilization - Measures taken to reduce camper impact on the natural resources, such ashardening a footpath. Also see Basic site protection measures.

Campsite Rehabilitation - Measures taken to restore damaged campsites and to prevent furtherda.mage to natural resources, such as planting grass and shrubs,

Ceded Lands - Lands and certain rights ceded to the United States of America by the ConfederatedTribes of the Warm Springs under the treaty of 1855.

Compaction - The process of packing firmly and closely together; the state of bei.ng so packed, (i.e.compaction of soil from i.ntense human use or vehicular activity). Soil compaction results fromparticl.es being pressed together so that the volume of soil is reduced. It is influenced by the physi-cal properties of the soil, moisture content, and the type and amount of compactive effort.

Mi&llc Deschutes/J,ower CrookedWild and Scenic River Management l%n

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Crucial Wildlife Habitat - Parts of the habitat needed to sustain a wildlife population at criticalperiods of its life cycle. This is often a limiting factor on populations, such as breeding habitat andwinter habitat.

Cumulative Effects - Effects on the environment resulting from actions that are individually minor,but that add up to a greater total effect as they take place over a period of time.

Cultural Resources - Remajns of human (historical and archaeological) activity, occupation, orendeavor, reflected in districts, sites, structures, buildings, ohjects,‘artifacts, ruins, works of art,architecture and natural features that were of importance in past human events. Cultural resourcescon.sist oi: (‘1) physical remains; (2) areas where significant human events occurred, even thoughevidence of the events no longer remains; and (3) the environment immediately surrounding theactual resource.

Day Use Area - An area primarily set aside for day use parking, picnicking, and/or access to avariety of day use recreation opportunities.

Desired Future Condition - A vision of the desired future state of a specjfic area. Desired futurecondition gives managers goals for the area, but recognizes the dynamic state of the ecosystem,instead of listing numerical outputs as goals.

Developed Campground - Accessible by motor vehicle and contains improvements for campercomfort and sanitary facilities such as toilets, drinking water, tables and trash receptacles.

Early Seral - Ecological status that corresponds to 0 to 25 percent of the plant composition found inthe potential natural community. Synonymous with poor range condition.

Ecological Status - Four classes of successional stage (or range condition) used to express thedegree to which the composition of the present plant community reflects that of climax. The fourclasses (followed by the percentage of plant community that is climax for the site) are: Potentinl,Natural Commun~tv, 76-100; Late ser& 51-75; Mid-se&, 26-50 and Early &, O-25.

Ecosystem - An interacting system of living organisms considered together rvith their environment;examples include talus ecosystems or river ecosystems.

Endangered Species - A plant or animal species whose prospects for suwival or reproduction arei.n immediate danger as designated by the Secretary of the Interior and as further defined by theEndangered Species Act of 1973, as amended.

Environmental Assessment - A concise public document that evaluates a proposal for the Fossibil-ity of significant environmental impacts;-the analysis is required by NEPA~~~I&L An environmenta .lassessment results in either a FONSi (Finding of No Significant Impact) and decision notice; or, ifimpacts ~vill be significant, the agency must then go on to prepare an ern+onmental impact state-ment.

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Appendix C

Erosion - Detachment and movement of soil or rock fragments by water, wind, ice or gravity.

Fecal Coiiform - A bacteria found in the human colon; a fecal coliform count is use as an indicatorof fecal contamination, if any, in water.

FONSI - Finding of No Significant Impact. Required by NEPA when a federal agency prepares anenvironmental assessment; documents the reasons why the impacts of the proposed action are notsignificant, and therefore, the agency is not preparing an emiironmental impact statement.

Forage - All browse and herbaceous plants that are available to grazing animals includ.ing wildlifeand domestic livestock.

Gray Water - Sink or other non-sewage waste water.

Ground Cover - Grasses or other plants that keep soil from being blown or washed away.

Guide - A person who provides services by leading one or more other persons in outdoor recre-ation activities for a fee.

Guide Permit - A license to carry out the activities of a guide.

Habitat - The area where a plant or animal lives and grows under natural conditions. Habitatconsists of living and non-living attributes, and provides all requirements for food and shelter.

Historic Site - Locales used by immigrants from the 1820’s to 1930’s.

Impact - A change in the environment caused by the actixrities of humans.

Issue - A subject or question of widespread public discussion or interest regarding management ofa geographic area which has been identified through public participation.

Late Seral - Ecological status corresponding to 51 to 75 percent of the plant composition fou.nd inthe potential natural plant commumty. Synonymous with good range condition.

Launch Site - The riverbank location where boats are placed in or removed from the river.

Limits of Acceptable Change - A process for establishing acceptable and appropriate conditionsbased on the premise that change to the ecological and social conditions of an area will occur as aresult of natural and human factors. The goal of management is to keep the character and rate ofch<ange due to human factors within acceptable levels.

Major Site Protection Measures - Engineering techniques designed to physically restrict use tocontrol recreation impacts. In campsites it could include natural or man-made vehicle barriers,graveled or asphalt surfaces, toilets, tent pads, footpaths, steps and vegetative plantings on a muchlarger scale than basic site protection measures. (Also see campsite stabilization.)

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Management Objectives - Parameters or goals to be used as standards to measure the success ofthe management plan.

Management Plan - A plan guiding overall management of an area administered by a federal orstate agency; plan usually includes objectives, goals, management actions, and monitoring plans.

Mid&era1 - Ecological status that corresponds to 26 to 50 percent of the composition found in thepotential natural plant community. Synonymous with fair range condition.

Minimum Instream Flow - Flows on the Lower Crooked River released beyond the North UnitIrrigation Canal diversion are required by law to be at least 10 cubic feet per second. This minimumflow was established to help protect instream resources such as fish and aquatic habitat.

Mitigation - Steps taken to avoid or minimize negative environmental impacts. Mitigation caninclude: avoiding the impact by not taking a certain action; minimizing impacts by limiting thedegree or magnitude of the action; rectifying the impact by repairing or restoring the affectedenvironment; reducing the impact by protective steps required with the action; and, compensatingfor the impact bv replacing or providing substitute resources.

Monitoring - The orderly collection of data to evaluate the effects or changes that result frommanagement actions.

Multiple Use - The harmonious use of land or water resources for more than one purpose.

National Register of Historic Places (NRHP) - The official list, established by the Historic Preserw+tion Act of 1964, of the nation‘s cultural resources worthy of preservation.

National Environmental Policy Act - Commonly known as NEPA; became law in 3 969. NEI’A isthe basic national charter for protection of the envirsnment. The Act requires all federal agencies toconsider and analyze all significant enviromnental impacts of any action proposed by those agen-cies; to inform and in\x~lt:e the public in the agency’s decision making process; and to consider theenvironmental impacts in the agency’s decision making process.

National Wild and Scenic Rivers System - -4 system of Congressionaily designated rivers and theirimmediate environments that have outstanding scenic, recreational, geologic, fish and avildlife,historic, cultural and/or other values and are preserved in a free-flowing condition. The system isof three types: (1) Recreation - rivers or sections of rivers readily accessible by road or railroad thatmay have some development along thei.r shorelines and that may have undergone some impound-ment or diversion in the past; (2) Scenic - rivers or sections of rivers free of impoundments, withshorel.ines or ivatersheds still largely undeveloped but accessible in places by roads; and (3) Wild -ris:ers or sections of rivers free of impoundments and generally inaccessible except by trails, x$Gthwatersheds or shorelines essentially primitive and waters unpolluted.

Native Species - Plants or animals that are indigenous to an area.

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Appendix C

Non-Commercial - Activities in which there is a bona fide sharing of the cost of the activity be-tween all participants.

No-Trace Camping - The art of camping without leaving signs of use.

Noxious Weed - A plant specified by law as being especially undesirable, troublesome and difficultto control.

Off-Highway Vehicle (OHV) - Any motorized vehicle capable of, or designed for, travel on orimmediately over land, water, or other natural terrain, excluding (1) any nonamphibious, registeredmotorboat; (2) emergency vehicles; and (3) vehicles in official use.

Outfitter - A person who for compensation or other gain, provides equipment, supplies or materi-als for the conduct of outdoor recreational activities.

Outstandingly Remarkable Values - Term used in the National Wild. and Scenic Rivers .4ct of1968; to qualify as outstandingly remarkable, a resource value must be unique, rare, or exemplaryfeature that is significant at a regional or national level.

Partial Retention - Management activities remain subordinate to the characteristic landscape.

Permittee - One who holds a license to use public lands or waters for financial gain.

Plan Objectives - Guiding statements or goals that present the purposes and overall intent of theplanning effort.

Planning Area - Th.e Lower Crooked River and its immediate environment within the NationalWild and Scenic Rivers boundary between Bowman Dam and Highway 27 mile marker 12.

Potential Natural Community (PNC) - The final or stable biotic community in a successional series.Usually self-perpetuating, it corresponds to 76 to 100 percent of the plant composition found in thepotential natural plant community. Synonymous with excellent range condition.

Prehistoric - The period of time before written records.

Public Lands - For the context of this document, public lands represents any land and interest inland managed by the State or the United States Government. Within the corridors these landsencompass Bureau of Land Management, U.S. Forest Service (National Grasslands), and state landsmanaged by Oregon Department of Fish and Wildlife. Management of Deschutes and Jeffersoncounty public lands within the wild and scen.ic river corridors is not included within this docu.ment.Management of these county lands will be as defined in their revised comprehensive plans.

Recreation Opportunity Spectrum (ROS) - A framework for understanding and defining variousclasses of recreation environments, activities, and experiences. The classes are defined in terms ofthe opportu.nities to have different kinds of experiences; examples are “roaded natural” and semi-primitive.

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Resident Fish - Fish species that complete their entire life cycle in freshwater; non-anadromousfish; an exca.mple is rainbow trout.

Resource Assessment - An evaluation of the resources and values associated with a ivild and scenicriver and the river corridor; the evaluation determines the level of significance of river-relatedvalues.

Retention - Management activities should not be evident to the casual user.

Right-of-Way - A permit or easement which authorizes a specific use of a specific area of land.

Riparian Area - The land adjacent to water, where water, soil and vegetation interact to form aunique microclimate.

Roaded Natural - One category on the recreation opportunity spectrum (ROS). “Roaded Natural”describes an environment where natural characteristics remain dominant, but there is moderateevidence of human development, and moderate amounts of contact with other people is expectedduring recreation.

Scoping - The process by which significant issues relating to a proposal are identified. It includeseliciting public comment, evaluating concerns and developing issues and alternatives for consider-a Con.

Sediment - Soil, rock particles and organic or other debris carried from one place to another b]wind, water or gravity.

Sedimentation - A process where material carried in suspension by water flo~vs into streams andrivers, increasing turbidity and eventually settling to the bottom.

Semi-Primitive Motorized - One category of the Recreation Opportunity Spectrum (ROS). “Semi-Primitive Motorized” describes an environment that is predominate1.y natural or natural in appear-ance and often experiences interaction among users. Use of local primitive developed roads withpredominately natural surfaces suitable for motorized vehicles is permitted with tinimum on-sitecontrols and restrictions.

Semi-Primitivk Non-Motorized - One category on the recreation opportunity spectrum (ROSj.“Semi-Primitive Non-Motorized” describes an environment where the natural environment domi-nates the characteristics of the area and development is very limited. Motorkzed use is prohibitedand interaction among users is low.

Special Status Species - A threatened, endangered or sensitive plant or animal species.

Stewardship - The exercise of responsible care of land, water or other natural resources, or recre-ational resources such as a campsite.

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Appmiix c

Succession - The process of vegetative community change towards climax or potential naturalcommunity.

Threatened Species - A plant or animal species the Secretary of Interior has determined to beendangered in the foreseeable future throughout all or most of its range.

Treaty Rights - Legal rights of the Confederated Tribes of the Warm Springs Indians, established intheir treaty with the United States Government in 1855.

Turbidity - A measure of water clarity.

Upland - All rangelands other than riparian or wetland areas.

Vegetative Manipulation - Alteration of present vegetation using fire, plowing or other means tomanipulate natural successional trends.

Visual Resources Management (VRM) - VRM has dual program purposes: to manage the qualityof the visual environment, and to reduce the visual impact of development activities while main-taining the effectiveness of the management plan objectives. It is a specific process that can bemapped and incorporated into design planning for projects ranging from prescribed burning tocampground development.

Water Quality - The chemical, physical and biological characteristics of water with respect to itssuitability for a particular use.

Watershed - Lands which are enclosed by a continuous hydrologic drainage divide and locatedupslope from a specified point on a stream.

Wild and Scenic River - Those rivers or sections of rivers designated as Wild an Scenic by Congres-sional action, either under the 1968 Wild and Scenic Rivers Act, or under supplements and amend-ments to that act. The Lower Crooked (Chimney Rock Segment) is one of 40 river segmen.ts desig-nated in the Omnibus Oregon Wild and Scenic River Act 1988.

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31

Appendix lli&momndrrm of Uuderstnnding for River Mnnqement

MEMORANDUM OF UNDERSTANDING

FOR RIVER MANAGEMENT

BETWEEN

l-733193

BUREAU OF LAND ,HANAGEMENT (OREGON STATE OFFICE)

pms AND RECREATION DEPART~IENT (OREGON STATE OFFICE)

AND

USDA FOREST SERVICE

PACIFIC NORTWEST REGION

This agreement is between the United States, Bureau of Land Management(BLM) acting by and through the Oregon State Director; the USDA Forest Service(FS), acting by and through the Regional Forester, Region 6; and the State ofOregon, by and through the Parks and Recreation Department (Parks).

WITHESSETH:

WHEREAS, on various rivers throughout Oregon, the State of Oregon, the EL?and the FS administer, manage or regulate the use of lands within certain rivercorridors and have various programs and responsibilities in regard to theseprograms and lands under their respective jurisdiction; and

WHEREAS, the State of Oregon, under the state Scenic Waterways Act and theBLX and FS under the federal Wild and Scenic Rivers Act are charged withparallel duties of identification, planning, and administration of rivers withspecial qualities as set out in those acts; and

WhEREAS, the State of Oregon,jurisdictions,

BLM, and FS have differing authorities,and administrative capabilities as to the lands and waters

within the river corridors: and

WHEREAS, the State of Oregon and the United States have common objectivesas to the planning and management of these lands and water resources making itdesirable for the State of Oregon and the United States to cooperate in theplanning and management of these resources; and

WHEREAS, the Regional Forester, FS, has the authority to enter into thisagreement by virtue of the authority granted to the Secretary of Agriculture bySec. 11, P.L. 90-542 as amended thereto; and

WHEREAS, the State Director, BLM has the authority to enter into thisagreement by virtue of the authority granted to the Secretary of the Interiorby the Federal Land Policy and Management Act (42 U.S.C. 1737) and forcomponents of the National Wild and Scenic Rivers System by virtue of P.L.90-542 as amended; and

WHFEEAS, the State of Oregon, by and through Parks enters into thisagreement by virtue of the authority granted by ORS 390.140(2)(b) and

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A. When the State of Oregon, the BLM, or the FS determine that a rivercorridor is under formal consideration for designation under either thestate or federal rFvers programs, they will notify the other parties and Iafford them an approprLate opportunity for participation in considerationof the river corridor for designation.

I

NOW THEREFORE, it is agreed between the parties as follows:

I

B. The FS and the BLM agree to consult and cooperate with Parks whenconducting resource management planning within designated wild and scenicriver corridors, designated state scenic waterways, rivers consideredcandidates for state or federal designation or other rivers mutuallv agreed Iupon and identified.

c. When a river which is designated by the State of Oregon as a scenic

I waterway includes federal lands within its boundaries, Parks will consultand cooperate with the BLM and/or FS as appropriate during theestablis'nment of management guidelines and administrative rules.

D. Work projects or activities which involve transfer of money, services orproperty will require execution of a separate agreement. Alternativeaereements include Challenge Cost-Share Agreements, ParticipatineAireements, Procurement CoGtracts and local Memorandum of Undersianding.Each project will be signed and documented by the responsibleorganizational line officer using the appropriate agreement. Theseagreements will address such matters as planning for recreationaldevelopments, acceptable types and levels of use* resource managementprogram constraints and guidelines, and administrative arrangementsincluding the transfer of funds and the sharing of personnel to effectivelyplan for and manage river corridors. If either federal agency does notmanage lands in a particular river corridor, that agency need not be aparty to the supplemental agreement for the river.

E. It is recognized that it is in the best interest of the state and federalagencies to avoid duplicative planning processes on designated rivers.Therefore, to the greatest extent possible, management planning ondesignated rivers shall be consolidated into one process - state andfederal - that satisfies the needs of both entities.

In some cases, it may be necessary to determine a lead or coordinatingagency to facilitate the process. The responsibilities of the variousinvolved parties shall be enumerated in a memorandum of understanding asdescribed in (D) above.

F. Parks will, to the extent possible, communicate with affected stateagencies regarding FS or BLM river corridor planning and managementactivities subject to this agreement.

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Appendix D

G. BL"I and FS fully recognize the need to notify and consult with Parks at theearliest possible opportunity regarding land use activities on federallands that may impact the natural resource values of the rivers shown inAttachment A of this agreement. Upon specific request by FS or BIM, Parksagrees to expeditiously review FS and BLH land use activities on federallands for any rivers listed in AGtachment A, Parks review shall be todetermine an activity or project's compatibility with the maintenance ofthe river's natural beauty according to the standards in the scenicwaterway management Nles (OAK Chapter 736 Division 40).

H.

I.

J.

K.

L.

M.

N.

It is recognized that the parties to this Agreement and their agencies andrepresentatives have responsibilities under'statute or otherwise whichcannot be waived or abrogated. This agreement does not affect suchnon-discretionary mandates.

Nothing in this Agreement shall commit the parties or their agencies orrepresentatives to the expenditure of funds not authorized by law.

Any party may withdraw from this Agreement upon written notice to the otherparties. The withdrawal of one or more parties shall not affect thevalidity of this Agreement as to the remaining parties.

Amendments to this Agreement may be proposed by any party and shall becomeeffective on approval by all parties.

No member or delegate to Congress or resident Commissioner shall beadmitted to any share or part of this Agreement, or KO any benefit that mayarise therefrom; but this provision shall not be construed to extend tothis Agreement if made with a corporation for its general benefit.

Attachment A is a list of existing state scenic waterways.

Attachment B is a list of existing Federally-designated rivers.

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The Pa=k$ and Recreation comInission, by a duly-adopted delegation order number1, authorized the State Parks Director to execute this agreement on behalf ofthe comiss ion * Approval for this delegation order was given at itsJanuary 26, 1990, neeting.

ation order numberbehalf of

n a t i t s

State of Oregon, by and throughits,State Parks and Recreation

United Stateg of America, by and

United States of America, by andthrough its USDI Bureau of LandManagement, Oregon State Office

fState Director

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Appendix EOregon Administrative Rules (736-40-005 to 736-40-095)Chapter 736, Division 40 - State Parks and Recreation

OREGON ADMINISTRATIVE R-SCHAPTER 736, DMSION 40 -STATE PARKS AND RECREATION DIVISION

DIVISION 40 (1) The sefrom the conf?

ent of the Rogue River extendinguence with the Apple

fate River

OREGON SCENIC .WATERWAYSdownstream a distance of approximate y 66 milesto Lo&st-sr~~~k Bridge.

Rules for Conduct ing Hearings on Scenic confluence wrt+rent of the Illinois River from the

Wat%~%%!%%%~%%ission hereby adopts and

Deer Creek downstream a distanceof approximately 46 miles to its confluence with theRogue River.

Kromulgates rules and rocedures governingearings on regulations or the management OSP

(3) The segment of the Deschutes River from

related adjacent land within scenic waterways asimmediatelv below the exist ing Pelton Re-

provided in ORS 390.84X2):lating Dam downstream approximatelv 106

reT .mt es to its confluence with the Columbia River,excl;u$ndthe City of Mauprn.

e entire Mmam River from Minam Lakedownstream a distance of ato its confluence with the WaP

proximately 45 mileslowa River.

(5) The segment of the South Fork OwyheeRiver in Malheur County from the Ore on-Idahoborder downstream approximately 2 miles to5”:Three Forks where the main stem of the OwyheeRiver is formed and the segment of the main stemOwyhee River from Crooked Creek (6 miles belowRome) downstream a distance of approximately 45

received by the hearing officer at the hearing. miles to the mouth of Birch Creek.Exhibits documents or other statements receivedby the Commission within IO days after any

(6) The segment of the main stem of the John

~I:I;;;; ~111 be made part of the record of theDav River from Service Creek Bridge (at river mile157) downstream 147 miles to Tumwater Falls !at

(3) Following the transcribinriver mile 10).

the Commission’s Secretary s7lof the hearing,all file in the

(‘7) The segment of the Sandy River from the

Commission’s records a full copy of the transcript ofeast boundary line of Section 25 and Section 36,

the hearing as well as a copy of all exhibits,Township 1 South, Range 4 East, of the IViilamette

documents or other statements received at theMeridian, in Clackamas County at Dodge Park,

hearing. The transcript, including exhibitsdownstream approximatelv 12.5 miles to the west

documents or other statements, will’be consideredline of the East Half of the Northeast Quarter of

in preparing Scenic Waterways rules andSection 6, Township 1 South, Range 4 East, of theWillamette Meridian, in hfultnomah County 2t

regulations by the Commission.(4) The procedure under which any hearing will

Dabney State Park.

be conducted is as follows:(8) The confluence of the Rogue and Applenate

Rivers is defined as the W’est boundarv line ofthe(a) The comments and exhibits to be received at

this hearing will be limited to whether the rulesEast V2 of the East I/2 of Section 19, Township 36

and regulations proposed by the State Parks andSouth, Range 6 West, of the M’illamette Menclan,

Recreation Division are.reasonable;in JT;phine County.

(b) The limits and ;$nt ;hthe proposed ok;e segment of the Clackamas Riser from

and regulat ions e x p l a i n e d sRiver hfill Dam to Baker B,ridge at Carver.

representatives of the State Parks and Recreation(IO) Opal

s t r e a m o 0Lake in Marion County and the main

al Creek from Opal Lake to 1:sDivision: confluence wit Battle Ax Creek.*K

!c) Except for questions that may be asked by (11) Waldo Lake in Lane Counts and thethe hearing officer there will be no direct questionsto or cross-examination of anv individual who is

segment of the liorth Fork of the Stid6le Fork of

making a statement or introducing exhibits;the Willamette River from Wa!do Lake to a point

(d) Following the o enin statements by theone mile upstream from the railroad bridge that isnear the town of Westfir.

representatives of the tats arks and Recreation2 f (12) The foilowinDivision the hearin will be open to anyone in 9

segments of the Upper

EDeschutes River in efferson and Deschutas

attendance who wis es to make a statement orintroduce exhibits, either for or against the

Counties are classified as a state scenic wareryoy.

pro3

osed rules and regulations. The hearintg

of?icerT h o s e .segmen$s a r e : T h e g a u g i n g station

w11 recognize anyone in a t tendance or this(apKrpximately nver mile 226.4) immedr;?te;b belp:r

purpose:“,I;~?

RDam downstream approx1mate.y -g milesneral

(e) The hearing will be continued with suchPatch Bndge at nver mile 199. that

recesses as are necessary, as determined by thesegment beginning at Harper Brid e at river miie

1s miles to riverhearing officer, until all persons wishing to make a

192 downstream approximately 2

statement or introduce exhibits have had anmile 172 above Bend, Oregon; and the segment

opportunity to do so.beginning at Twin Bridges at river mile I3.l.Zdownstream approximatelv 34.5 miles to Lake Billy

Stat. Aurh.: Chinopk “FPProximatelv river mile 120 excluding

the Chne a Is Dam and powerhouse between ri:*erI&t.: HC 1252, f. 5-13-71, ef. 5-12.71 miles 145 and 144.

Desi ated Scenic Waterways7%-%OIO The following rivers or segments of

Stat. Auth.: ORS Ch. !64 % 3%JE&t.: HC 1256. i. 6.30.71. HC 1265. f. 6-27.72. 1GTC 6. t

rivers are designated as Scenic Waterways: 11.:.73; 1oTC 1,. 1. 12.5.73: PR ;-19&S. f. & cf. !G.2:.i’.

1 - Div. 40 (>larch, 199 1’

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OREGON ADhfiNIsTHATIvE RL’LESCHAPTER 736, DIVISION 40 - STATE PARKS AND RECREATION DI-F’ISIUN

Definitioc of Terms736-40-615 As used in these rules and

regulations, unless the context requires otherhe:(1) Tine Act” means the Scenrc Waterways Act

CCXPS 390.505 to 390.9253.(2) ‘ C o m m i s s i o n ” m e a n s the O r e g o n

Transportation Commission.(3) ‘Existin

$Use” means the use to which

related adjacent and was being put on December 319X. or anv subseuuent change in use authorizedunder the A& or these rules. -

(43 “Improvement” means the placing on relatedadjacent ;and of any building or structure ormodification of existing bui!dings or structures orthe clearing, leveling, filling or excavating ofrelated adjacent land.

(5j “Related Adiacent Land” means all landwithin one-fourth of one mile (measuredhorixontaliv or levei, as in usual surveving practice)of the bank on each side of a river within a scenicwaterway, except land that, in the Commission’sjudgment, does not affect the view from the waterswrtnin a scenic waterway.

(61 *River Bank” The banks of a river are theboundaries which confine the water to it.s channelthrou.ghout its entire width when the stream is

carr);in$high water at the elevation to which it

ordinar! y rises annua!ly in season. Generally thiswill be the line at which the land becomesdominantlv influenced by the river and takes on thecharacteristics of a riverbed and is therebv setapart from the uolands. An evulsion or suddenchannel change will not change the boundaries ofrelated ad;acent lands.

U! “Road” means al! roads, public and private.t8i ‘Scenic Easement” m-eons the acquired right

to control the use of related adjacent land,including air

“e,ace above such land, for the purpose

of protecting t. e scenic iieiv from waters within ascenic watmwav.

19) “Scenic tVaterwav” means a river or segmentof a Ever, mcluding rerated adjacent land and theairspace above thst has been so designated by or inaccordance with the Act.

(10) ‘Seen from the waters” and ‘visible fromthe river” mean not entireiy concealed from viewfrom the river within a scenic waterwav byto ographv. Land beyond the boundaries of “re:atedarfJacent land”, whether or not visible from theriver, is not within the jurisdiction of this ACL

stat 41;:il I. . .*His:.: KC 1255, r, 6.30.71; HC 1265, f. 8.27-72

Responsibility and Authority of the OregonTraxs or&&ion Comniissiorn

73%40-626 (11 The Al+ shall be administeredby the Commission in such-a manner as to pmtectand enhance the values which caused a scenicwaterway to be included in the system. Primaryemphasrs shall bebeauty,

,Fven to,protectln$ the scenicAsh and ;f: Qitfe, sc~entlfic an recreattcn

features, based on the special atttibutes of eacharea.

(2) The Commission has adopted theserewlations governing the management of relatedacfjacent lands, incluaing state hlghway construc-

tjon after due consideration of the responsibilitiesoutlined above and consu!tation with the OregonState Department of Forestry the Department ofAgriculture, and other such federal, state, and localagencies as may be involved; and with theconcurrence ofthe State Water Resources Eoard.

(3) A eements entered into and approvalsgiven by tYe Commission in no wav relieve personsor entities affected thereby of requirementsestablisned by other governmental agencies, local,state or federal.

stat. iruth.:

Public Use of Scenic Waternys73640-025 (1) These ru!es applv to all scenic

waterways unless more specific rules have beenadopted for a particular scenic waterway. hlipersons using scenic waterwa s for recreation shahcomply with the provisions o?-tne .Acr and with therules and regulations adopted by the Commissionunder the Act:

(ai Private Property: Nothing in the Act oe inthese rules and regulations affords to anv personany right to trespass Upon the pro*eit:f of anotheror in any way al ters the r ig ii ts of privatelandholders in regard to trespass. The Commissionadmonishes all ersons to respect the rights an,9sensibilities oftkose who make their homes and

sates shall not betaken out of the scenic waterways for properdisposal. Ali persons sha’li avaid pollution of thewaters, lands and air withnn scenic waterways inany manner whatsoever;

(c’: F i res : F i res ehal! b e m a d e cniy i ncompliance with state law and only when andwhere there is no possibility of thsir causingdamage. Conditions of wind and weather, proximit:of vegetation or flammable materials and otherfactms asconsidere $

rudence dictates shai! be most carefuil>. No open fire shall be made uniess a

shovel, axe and Ducket of water are nearby. So onenfire shall be left unattended end ali fires shall becompletely extinguished wltn water after use.Permissible f ires shall be of the smallestpracticable size;

(d) Tree Cutting: Living or standing trees orplants shall not be cut for burning cr for any otherpurpose by persons using the scenic waterways forrecreation.

(e) Collecting Souvenirs and Relics: Except asprovided by lawand souvenirs sh

antiquities, re!ics, artifacts, f~ssllsail not be removed from the site of

their discovery or otherwise harmed. Archeolo ‘~71sites and fossll beds shal: not be disturbed w:t out. f-”pmper authority under law;

(f) Livestock: Persons using the scenicwaterways for recreation shall nc: harass or in anyway interfere with livestock or domestic animals,whether on private or pcbiic iand, or damage z‘encesl a w f u l l y piaced o n s u c h l a n d s f o r t h e i rmanagernetit.

(2, .Yatural s rings shall not beany way renderel

damaged or inunusable by persons or an!nais.

March, 199 1’1 2 - 131~ 40

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Appendix E

OREGON ADMfh~TRAW RULESCHAFTER 736. DISISION 46 -STATE PARKS AND RECREATION DMSION

(3) The Commission asks all persons to leave inpassin

Igno mark upon the land that might diminish

management on scenic waterways includes, but is

Its va ue to another, for thenot limited to, the follov;ing examples:

unsthese waterways, of value to the K

oiled beauty of (1) Timber Harvest: The forest cover on related

the common heritage of all.uman spirit, is adjacent land is a part of the scenic beautv of the

scenic waterway and notification of planned timber

Stnt. Auth.: OR9 Ch. 390h a r v e s t o p e r a t i o n s m u s t b e g i v e n t o t h e

Hirc.: HC 1285, f. 6-27-72; PR 3.1982, f. & tf. 3.2642Commission one year prior to commencement. Thenotification must include a plan specifvin

dtimber

to be cut, road locations, logging metho s, slashLand Management cleanup, soil stabilization, reve

and any other details as the Eetation Feasures

Improvements and Changes in Use of Related require.ommrss1on may

Adjacent Lands7364OXJ30 (1) Exce t as

(2) Tree Cutting: No person shall cut an:.’ living

of this rule, OAR 73 -40.% 8rovided in section :!S)35 and ?36-do-045

tree within a scenic waterwav without prior written

through 736-40-075, no person shall make anynotice except as provided in these rules.

improvement or change in the existing use of(3) Grazing and Farming: Existing use in the

related adjacent land w&out tirst giving writtenform of grazing or farming of the related adjacent

notification to the Commission of the Intent toland is a part of the scenic beauty of the u-a:er;\ay,

make an improvement or change in land use. TheNotification is not required for:

proposed improvement or change in land use shall(a) Construction of fences;

not be made or work started sooner than one year(b) Maintenance of farm buildings, fences or

after such notice unless the Commission has givenappurtenances necessary to,exiscmg use:

i ts wri t ten approval of the proposa! . (Seenotification procedures in OAR 736-40-080,)

ted\ L~vnm-~yf lrngatlon Imes:ouse constructIon, if not in violation

(2) Upon recei t of such notice, the Commissionof OAR 736-40-030~5);

shall determine I the proposal would impair the*F(e) Additions to farm buildings, if not in

n a t u r a l b e a u t y o f t h e s c e n i c w a t e r w a yviolation of OAR 736-40-030(5j;

substantially.ifI Crop rotation;

(3) If the proposed improvement or change of( 1 Variations in grazinti5 Pl

land use would not impair the natural beautyacing of grazing 4

land management:and under cultivation.

substantially, the Commission shall give writtenexcept within classliied natural river areas named

notice to the owner of the related adjacent land thatin OAR 736-40-015 through 736-40-075:

he mav roceed Immediately with the proposal as(i) Construction of silos and grain storage

describe+m his notification to the Commission.facilities,, and other structures or bulldings as are

(4) Should the Commission determine that theneeded m connection with the existing use of therelated adjacent land, if not in v:o!aacn cf OXR

greposal, if carried out, would impair the naturaleauty of the scenic waterway substantiallv, or

536.40-030~5) except xithin classified Ratural river

otherwise violate the provisions of the Act or theseareas named’in OAR i36-GO-045 through 736-40.

rules and regulations, it will so notif075;

the related adjacent land in writing. ,w:the owner ofo steps shall

(j) Cutting of danger trees. Sotificaticn is

be taken by the applicant to carry out such proposalrequired for construct ion of new roads or

until at least one year after the original notice toimprovement of existing roads

the Cpm,mission unless agreement wi_th-the(4) Suburban Housing: Sotificaticn is not

g;;imlssion IS sooner reached. (See OAR 13b-4@required for:

!a1 Maintenance of existing homes in a manner

755) In connection with existing use of relatedcompatible with these rules and reguiations.

(bj Modifications to existinadjacent land, farmers, ranchers and residents may dweilin s if not in violation of 0

(ci E ’ t ti&;;$,g$&,!!.

modify existing structures or construct or placesuch subsidiary and lesser structures adjacent

ons rut on of garages necessarv to the use

thereto, except residences or guest houses, as areof existing homes, if not in violation of GAP 736-46.030~5~;

usual and necessa8‘

to their existinprior notice to the ommission, prow5

use withouted that such

(d) Changes In or additions to homesite

modification or construction will not violatelandscaping which do not impalr vegetationscreenin structures from view from the river

subsections (7)(a) and (b) of this rule OAR 736.40-035 and will be in harmony with the natural beauty

(e) &nstruction of protective fences neckssaryto use of the home;

of the scenic waterway.

and(6) Repair and maintenance of existing facilities

Q Cutting of firewood for occupant’s dwelling:

structures in a manner compatible with these(g) Cutting of danger trees. Notification is

rules and regulations do not require notification torequrred for construct ion of new roads or

the Commiss-ron,improvement of existing roads.

(5) Prospect ing, Mining, Dredging, and

Stat. Auth.: Qua(raY% prospecting minin dredging, andHIS : HC 1285, I. 6.27.72; 1OTC 6. f. 11-1-73 quarrying operat ions: incluFIng removal or

Rules of Land Managementmovement of gravel, rocks and sand within related

reulations

adjacent lands,?I

uire not if icat ion to the736.40-035 These rules and re ed herein;

governing the use of related adjacent Bands andCommission as prescn

improvements made on or to these lands apply to(b) Such notification shall include plans tc

insure that debris , silt, chemicals or othera l l d e s i g n a t e d scenic waterways. Land materials, shall not be discharged Into or allmed tc

3 . Div. 40 rllarch. !9Gi:

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OREGON ADpvUNISTRA~ RLXESCTiAPTER 736, DnTSION 40 -STATE PARKS A!%D RECREATION DIMSION

reach the waters within a scenic waterwar and thatthe natural beauty of Lhe scenic waterwa? shall notbe impaired subst&tially.

(6) Transportation Facilities and Utilities:iaj It’o roads, railroads or other facilities for

transportation or utilities shall be constructed orimproved within a scenic waterway withoutnotification to the Commission as prescribed by theAct and herein;

(bi The Commission whenever practicable, wil:require the sharing of fand and alrspace by suchf a c i l i t i e s a n d u t i l i t i e s . A l l p e r m i s s i b l etransoortation facilities and utilities sha!l be solocate’d as to minimize impairment of the naturalbeauty. of the see@ waterzjaq; For exambe.dd,eslrabie to piace elecmcat and blePi:

Is, it wil!one hnes

.ound wherever reasonably ptactlcable.(S- S t r u c t u r e s , B u i l d i n g s , a n d Other

Improvements: Except as provided m OAR 736-40.osOi51, sections (3) and ($1 of this rule and OAR736-40-045 through ?36-40-075, no structures,buildings! or other im rosements shall be made,erected or placed on re ated adjacent lands withoutr’notification b the Commission as prescribed by theAct and herein , Permit ted new st ructures ,buildings, or other improvements on relatedadjacent !ands which can b seen from the waterswi:hin a scenic waterway shall:

(a! Be of such desir

and be construe-led of suchmaterials as to be uno trusive and compatible ti,?hthe scenic oualides of the area. For example, thefoliowm shill apply:

!A! II structures shall be finished jnmutedti-*tones appro riace to their natural surroundings:

iBi No farge areas, including roofs, shall .befinished with white or bright co.ors or re&ctlvematerials;

CC.21 Exceot for !arpe farm buildings such asbarns, metal &ding or rZof;ng shaii not b7! used;

ill) No strmztilres shall exceed 30 feet in he&tfrom natural grade on a side facing the river;

{El All srractures shall be so designed andconstructed tnat. littie or no soil is left exposedwhen construction is corn Ieted,

(b; Be located in sue, a way that t3pqr3ph>sa n d n a t u r a l vegetation m a k e t n e m a sincons icuous as reasonablv practicable, and in m

6case o truding en the view from the river. TheCommissicn may require that addirional ve etativescreening be established and maintained. ‘ir: suchevent, it shall be everFeen, whereverand compatible with natural growth in tt

racticable,e area.

(6) Nobile homes , modu la r r e s iden t i a lstructures, house trailers campers and similarstructures and vehicles. .qobile homes, modularresidentiai structures house trailers, campers.motor homes and the Ii&e shall not be establishedas dweilings,.either ermanent, (or) seasonal ortemporary, w&hin re ated adjacent lands unlessPthey are entirely concealed morn view from thewaters within a scenic waterway by topography,except , that those mobile homes, modularresidential structures and house trailers that are atleast 20 feet wide, with exterior dimensions, !esshitch, of 860 square feet, may be permitted underthese r&s su@ct to the same requirements andstar,datds set :orth in the previous sectinn relatingt o criteria f o r r e v i e w f o r s t r u c t u r e s a n dimcrovements that are visible from the waters*iihin D. scenic waterway. Additionall:;, except

when a mobile home, modulnr residential st?&r;re,house trailer or the like is not set on a ~~-z?,d,-i,e~:~!foundation, fuil skirting shall be instilied q+~~:cn :r.design color and texmre appears ts be an rntepaipart of’the exterior of the structure:

(a) For purposes of these m’:es, a strlicture is amobile home, modular residential structure, hoczsetrai!er, camper or motor home if it is used, desipedor h-&ended to house persons, and is transporte$ tothe site in a state of substar?tia! prefabricatio?.Once a structure ful;iXs this tesi, it shall remamfubject to the rule regardless of .whether the wheelsor other temporary assembly have been removed ordetached, and regardless or whether the structureis subse uently relocated;

(‘b)& l-’ p bl’st .m u ic recreation sites and transientpublic trailer parks where travel trailers, campers,momtar homes and similar vehic!es are permittgd.bythe public agency, Grn or indisidual mairitarnrngthe facility, their transient, short-:erm css bytravelers is allowed, but they shall nc: be leit cnthe site d.urin the17 user’s absence of more than

4thre(gf) df..a;n;gg;e cf structupps arrdImprovements: Owners and ~;sera of exi,stingstructwes and other improvements ehtil malntciqthem and their surroundings in a manner anecondition in harmony with the environment,compatible with the objectives set forth in theserules and reguiations for the ciassiAed river areaTinwhich thev II~, and without impairing substar,t:ail>the natuial beautv of the scenic waterway, Thee x i s t i n g c o l o r 07 s u c h structores may b emaintained.

:lO) Replacement of Existing Structures andImprcvements: Replacement of existin- sir~~resand improvements including those ibs; by !“i:eflood or other casua\t;j, wili be permitted, providedthe new structure or Improvement IS in compliancewith provisions of the .<ct and these rules ar;dre ulat.ior,s. No:Zcation procedures set forth inOfR 736-40-040 and Cammissio3 approval arerequired.

(11) Adrertisir.g: Ko signs tr other forms cfoutdoor advertising that are visible Cram waterswith:r: a scenic waterNay shall be constructe-i ormaintained. Property protection signs (SC EIurtting,h’o Trespassing, et cetera) are exempted.

(121 Eroszon Protection: The Comrnissior:recdgnizes that erosion protection work an(:maintenance mav be necessary cn rii-erbmks antrelated adjacent lands along the scen:c ,xatrrivaysNotZcation, which shaii include pians to protectthe natural beauty of the scenic waterway, andCommission approval are required.

(13) Submerged and Submersible Lards:(a! No dam or reservoir or other ,water

impoundment facilitv shall be constructed or placermining permit ted on waters within scgnicwaterways, No water diversion facility sh,ail bocons:ructed or used ]exceestablished or as perrmtted t

t b,s right grey:~ousl>y tne State ,~~neer;

cbj No bank prctection ivorj’.s or dredgingfacility shal! be constructed or ~?sec! or, such taaiers.except 3s permitted bv the Dircc:ar of the Di*~~a:.of State Lands and ipproved by the State LandBoard.

(143 Emergencies:

!>!arch, ?.9Slj 4 . Div. 40

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Appendix E

OREGON ADMlNISTR4lWE RULESC-R 736. DMSION 40 - STATE PARKS AND RECRE.-YMON DMSION

in the interest of public safety, or safety of his ownpro erty, except that notice of any action taken.sha 1 be filed v&h the Commission not later thanPseven days following the commencement of theemergent procedures;

(b) Ti!e owner or his authorized agent mustshow that the emergency situation requiredimmediate action to prevent immediate danger ordamage. Such emergency procedures shail not beextended beyond the minimum necessary toaccomplish the needed protection safely and shallbe conducted throughout in such manner as tominimize impairment of the natural beautv of thescenic waterway. For example, car bodies andsimilar scra

(15) Soid Waste, Pollution and Sanitation:or trash shall not be used as riprap.

Owners, occupants and users of related adjacentland shall comply with the rules and re lations ofthe De artment of Environmental Qua lty relatingto so112

Fwaste control, water, air and noise pollution

control and sewage &sposai.

Stat. Auth.:Hist.: HC 1285, f, 6.27-72; 1OTC 6. f. 11.1~73; !OTC 23, 1.6.15.74; PR 12.1961, f. & cf. 7-29-81

Clas s i f i ca t i on o f Scen ic Wate rways andSegments Thereof

736-40-640 (1) OAR 736-40-040 through 736-40-075 supplement, but in no wav alter, other

rovisions of these rules and -re6. ulationsL otification procedures set forth in 0 &I 736-40:030, ‘i36-40-035 and 736-40-060, relating to LandManagement, are applicable to these rules. In orderto establish varying intensities of protection ordevelopment based on special attnbutes of eacharea within the scenic waterways, the followingciassiflcaticns are established:

(al Natural River Areas:(A) Those designated scenic waterways or

segments thereof that are generallv inaccessibleexcept bv trail or the river, with related adiacentlands and shorelines essentially primitive. Theserepresent vestiges of primitive ?Jnerica:.

(Bj Natural River Areas may include anoccasional ii htl * trave!ed road, airstrip, habitationor other km o Improvement aireadv established,4 i,provided the effects are limited to the immediatevicinitv;

(CI Natural River Areas will be administered topreserve their natural , wild and primit ivecondition. essentiallv unaltered bv the effects ofman, while allowingcompatible recreational uses,other cornfish and v.ns

atible existing uses and protection ofdlife habitat

(b) Scenic River Areas:

uses.(cl Recreationa River Areas:(A) Those designated scenic waterwavs or

segments thereof that are readily accessible b< roador railroad, that may have some developmentValonotheir shorelines and related adjacent lands, anathat may have undergone some impoundment ordiversion in the past;

(B) R e c r e a t i o n a l R i v e r A r e a s w i l l b eadministered to allow continuance of compatibleexrstrn

%compatluses, while allowing a wide range of

le river-oriented public outdoor recreaticnopportunities, to the extent that these do no;impair substantiallv the natural beautv of thescenic waterwav or diminish its esthetic, i%h andwildlife, scientific and recreational values.

(d) Natural Scenic View Areas.(A) Those designated shorelines and re!ated

adjacent lands, lying along only one bank of a riverwithin a scenic waterway, which possess the

72ualities of a Natural or Scenic River Area except

t at the opposite shoreline and related adjacentland, by reason of accessibility, or deve!opment,qualifies only for a less restrictive ciassificatlon;

(B) N a t u r a l S c e n i c View A r e a s wiii b eadministered to preserve or enhance theiressentially primitive scenic character, whileallowing compatible public outdoor recreationaluse.

(e) Accessible Natural River Areas:(A) Those designated scenic waterwavs or

segments thereof that are readily accessible b; roador railroad but otherwise possess the qualities cf aNatural or Scenic River Area:

(B) Accessible Natural River Areas will be

classification. ’ ’(2)(a) Within the general framework of these

classifications, the CornmissIon will furtherconsider the nature and extent of existing land usesand develoes:hetic, F

mencs,ish

the scenic qualities and :heand wildlife, scientif ic and

recreational values of each classified area withinthe scenic waterways in determining whether, in itsjudgment, proposals for changes of land use orImprovements are compatible with the Act;

(b) Because of the individual character of eachscenic waterway administrative criteria withineach of the six classifications may vary from onescenic waterway to another.

Stat. huh.:Hist.: HC 1285. f. 6.2?-i2

Areas may not include long &ret&es of conspicuousor well-traveled roads paralleling the river m closeproximity, but may include extensive areas inagricultural use;

(B) Scenic Areas will be administered tomaintain or enhance their high scenic quality,recreational value, fishery ana wildlife habitatwhile preserving their largely undevelopedcharacter and allowing cont;nu:ng agrrlculturai

(>]arch, :SSl)5 .- Div. 40

Middle I)cschutes/Lower CrookedWild and Scenic River kbnagement Plan

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Appendix FMiddle Des&&es/Lower Crooked Wild and Scenic River

Bounda y Legal Description

Lower Crooked River

Legal description of the proposed boundary commencing at the National Grassland boundary andextending downstream to River Mile 8 south of 0pal Springs. Refer to Appendix F for visual repre-sentation of boundary legals.

T. 13 S., R. 13 E., W. M.

Section 32:

Beginning at the southwest l/16 comer of section 32, thence westerly to the south 1/16 comer common to sections 31 and 32.

Section 31:

Thence northwesterly to the center east l/16 comer, thence westerly to the centerwest l/ 16 corner, thence northwesterly to the l/4 corner on the east line of section36, T. 13 S., R. 12 E., W. M.

T. 13 S., R. 12 E., W. M.

Section 36:

Thence northerly to the west section corner common to sections 30 and 31, T. 13 S., R.13 E., W. M.

T. 13 S., R. 13 E., W. hI.

Section 30:

Thence northeasterly to the center west l/16 comer, thence northerly to the west I/16 comer common to sections 19 and 30.

Section 19:

Thence continuing northerly to the southwest l/16 comer, thence northeasterly tothe center l/4 comer, thence northwesterly to the north 1 j16 corner on the westsection line of section 19, thence northerly to the section comer common to sections18 and 19 on the east line of section 24, T. 13 S., R. 12 E., W. M.

T. 13 S., R. 12 E., W. M.

Section 24:

Thence continuing northerly to the east section comer common to sections 13 and 24.

Section 13:

Thence continuing northerly to the l/4 comer on the east section line of section 13,thence westerly to the center l/4 comer, thence northerly to the center north l/16comer, thence westerly to the north l/16 comer common to sections 13 and 14.

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Section 14:

Thence continuing westerly to the northeast l/IS comer, thence northtvesterly to thel/4 corner common to sections 11 and 14.

Section 4 1:

Thence continuing north!resterly to the l/4 comer common to sections 10 and II,thence northerly to the section corner common to sections 2,3,10, and Il.

Section 3:

Thence northwesterly to the southeast l/16 comer, thence westerly to the southwestl/16 corner, thence northerly to the center west l/16 corner, thence westerly to theI /4 corner common to sections 3 and 4.

Section 4:

Thence northerly to the north l/16 corner common to sections 3 and 4, thence west-erly to the north l/16 comer common to sections 4 and 5, thence southeasterly to thewest 1 /lci corner common to sections 4 and 9.

Section 9:

Thence southeasterIy to the I/4 comer common to sections 9 and 10.

Section IO:

Thence northeasterly to the center north l/l6 corner, thence southerly to th.e centersouth 1/ 16 comer, thence easterly to a point 200 feet Ivest of the Lower rimrock of theCrooked River Gorge, elevation approximately 2,400 feet, thence southcasterlv on aI.ine 200 feet southwesterly and parallel to said rimrock to the intersection with thesection line common to sections 10 and 15.

Section 15:

Thence continuing southeasterly on a line 200 feet southivesterly and paraM to saidrimrock to the intersection of the section line common to sections 14 and 15.

Section Ii:

Thence continuing southeasterly on a Iine 200 feet southwesterly and parallel to saidrimrock to the intersection of the north south center line of the southeast l/4 ofsection 14, thence southerly on said north south center line to the surveyed commu-nity area boundary of the Crooked River Ranch NO. 16 Subdivision, thence easterlyand southeasterly on said community area boundary to the intersection of the sec-tion line common to sections 13 and 14.

,section 73:

Thence continuing southeasterly, easterly, and southeasterly on said communityarea boundary to the intersection of the section line common to sections 13 and 21.

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Appendix F

Section 24:

Thence continuing sou.theasterly, southwesterly, and southeasterly on said commu-nity area bound.ary to the east-west centerline of section 24, thence easterly on saidcenter line to the center l/4 corner, thence continuing easterly to a point 200 feetwesterly of the lower rimrock of the Crooked River Gorge, elevation approximately2,560 feet, thence southerly on a line 200 feet westerly and parallel to said rimrock tothe intersection with the north south center line of the southeast l/4 of section 24,thence southerly to the east l/16 corner common to sections 24 and 25.

Section 25:

Thence easterly on the section line common to sections 24 and 25 to a point 200 feetwesterly of the rimrock of the Crooked River Gorge, elevation approximately 2,600feet, thence southerly on a line 200 feet westerly and parallel to said rimrock to thesection line common to sections 25 and 36.

Section 36:

Thence westerly on the section li.ne common to sections 25 and 36 to the surveyedline along the edge of the Crooked River Gorge as shown on the survey lat forCrooked River Ranch, Phase One, thence southwesterly and southeasterPy on saidsurvey line to the intersection with the section line common to section 31, T. 13 S,, R.13 E., and section 36, T. 13 S., R. 12 E., W. M.

T. 13 S., R. 13 E., W. M.

Section 31:

Thence southerly to the south l/16 corner on the west line of section 31, thencesoutheasterly to the center south southeast l/64 corner, thence southerly to the eastl/16 corner on the south line of section 31, thence easterly on the said section line tothe south comer common to sections 31 and 32.

Section 32:

Thence continuing easterly on the south section li.ne of section 32 to the west l/16corner on the south line of section 32, thence northerly to the Point of Beginning.

Middle Deschutes River

Legal description of the proposed boundary commencing at Odin Falls and extending downstreamto the upper end of Billy Chinook Reservoir. Refer to Appendix F for visual representation ofboundary legals.

T* 14 S., R. 12 E., W. M.

Secti on 26:

Beginning at the southeast southeast l/64 comer, thence northwesterly to the centernorth 1116 comer, thence westerly to the northwest l/16 comer, thence northerly tothe west l/l6 corner common to sections 23 and 26.

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Section 23:

Thence continuing northerly to the southwest l/l6 comer, thence northeasterlythe east t/16 corner common to sections 14 and 23.

Section 14:

Thence northerly to the east l/l6 corner common to sections 11 and 14.

Section 11:‘rhpnro rnntinllincr nnrthprlv to the intersection with the southerlv

to

boundary of Low& Bridge hfarket Road, thence westerly along said road right-of-way bou;ldary to the intersection with the section line common to sections 10 and Il.

Section 10:

Thence continuing westerly along said road right-of-way boundary to the intersec-tion with the north-south center line of the southeast l/4 of the southeast l/4 ofsection 10, thence southerly along said north-south center line to the section linecommon to sections 10 and 15.

Section 15:

Thence continuing southerly along the north-south center line of the northeast l/4 ofthe northeast l/4 of section 15 to the center east northeast l/64 corner, thence xvest-erly to the center north 1 J16 corner, thence northwesterly to the section cornercokmlon to sections 9,10, 15, and 16.

Section 9:

Thence northwesterly to the southeast l/16 corner, thence northeasterly to the north-south l/64 corner co&non to sections 9 and 10.

Section 10:

Thence continuing northeasterly to the west l/l6 corner, thence northwesterly to thenorth 1 /I6 corner common to sections 9 and 10, thence northeasterly to the l/4corner common to sections 3 and 10.

Section 3:

Thence northwesterl 7 to the l/3 corner common to sections 3 and 4, thence northerlyto the north-north 1 r‘64 corner common to section 3 and 4, thence northeasterly tothe west-west l/64 corner common to section 3, T. 14 S., R. 12 E., and section 34 T. 13S., R. 22 E., N’. hi.

T. 13 S., R. 12 E.: W. M.

Section 34:

Thence easterly to the west l/l6 corner common to sections 3, T. 1-I S., R. 12 E., andsection 34 T. 13 S., R. 12 E., IV. M., thence northerly to the center west l/16 corner,thence westerly to the l/4 corner common to sections 33 and 34, thence northerly tothe section corner common to sections 27,28,33, and 34.

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Section 27:

Thence northerly to the south l/16 corner common to sections 27 and 28, thenceeasterly to the southwest l/16 corner, thence northerly to the west l/16 cornercommon to sections 22 and 27.

Section 22:

Thence easterly to the l/4 comer common to sections 22 and 27, thence northerly tothe center south l/l6 comer, thence westerly to the south l/16 comer common tosections 21 and 22.

Section 21:

Thence northerly to the l/4 corner common to sections 21 and 22, thence westerly tothe center west l/16 comer, thence northerly to the northwest l/16 corner, thencewesterly to the north l/16 comer common to sections 20 and 21.

Section 20:

Thence northerly to the section corner common to sections 16,1,7,20, and 21.

Section 17:

Thence continuing northerly to the section corner common to sections 8,9,16, and17.

Section 8:

Thence continuing northerly to the l/4 corner common to sections 8 and 9, thencewesterly to the center l/4 comer, thence northerly to the center north l/16 comer,thence westerly to the northwest l/16 comer, thence northerly to the west l/16corner common to sections 5 and 8.

Section 5:

Thence continuing northerly to the center south southwest l/64 corner, thencenorth.easterly to the center east southwest l/64 corner, thence easterly to the centersouth l/16 corner, thence northeasterly to the east l/16 corner common to section 5,T. 13 S., R. 12 E., and section 32, T. 12 S., R 12 E., W. M.

T. 12 S., R 12 E., W. M.

Section 32:

Thence northerly to the east l/16 comer common to sections 29 and 32.

Section 29:

Thence northeasterly to the south l/16 comer common to sections 28 and 29, thenceeasterly to the south l/16 comer common to sections 29 and 30, thence southerly tothe section corner common to sections 29,30,31, and 32.

Middle. DeschutesLower CrookedWild and Scenic River %nagzment Plan

Page 108: Middle Deschutes/Lower Crooked Wild and Scenic Rivers’ … · 2016-05-25 · Outdoor Recreation Planner Bureau of Land Management Date Management Approval: I approve the Middle

section 31:

Thence continuing southerly to the north 1.116 corner common to sections 31 and 32,thence westerly to the center north 1,/16 corner, thence southerly to the center south1 ,I’ 16 corner, thence easterly to the south l/l6 comer common to sections 31 and 32,thence southerly to the section comer common to sections 31 and 32, T. 12 S., R. 12E., and sections 5 and 6, T. 13 S., R. 12 E., W. M.

‘I-. 13 s., rc. 12 E., iv. ht

Section 6:

Thence south~resterly to the southeast l/l6 corner, thence southerly to the east l/16comer common to sections 6 and 7.

Section 7:

Thence continuing southerly to the southwest l/16 comer, thence southeasterly tothe section corner common to sections 7,8,17 and 18.

Section I 7:

Thence southerly to the north l/l6 comer common to sections 17 and 18, thenceeasterly to the center north 1,’ 16 comer, thence southwesterly to the east west 4 /64corner common to sections 17 and 20.

Section 20:

Thence southeasterly to the center north l/16 corner, thence easterly to the northeastl/l6 comer, thence southerly to the east l/l6 corner common to sections. 20 and 29.

section 29:

Thence continuing southerly to the northeast 1 /I4 corner, thence easterly to thenorth l/ I6 comer common to sections 28 and 29.

Section 28:

Thence continuing easterly to the center north l/l6 cc9mer, thence southerly to thecenter south 1 /I li’comer, thence SouthwesterIy to the west l/16 corner common tosections 2S and 33.

Section 33:

Thence southeasterly to the l/4 comer common to sections 32 and 33, thence south-erly to the section corner common to sections 32 and 33, T, 13 S., R. 12 E., and sec-tions 4 and 5, T. 14 S., R. 12 E., W. M.

T. 14 S., R. 12 E., W. M.

Section 4:

Thence southeasterkp to the center l/4 corner, thence southerly to the center southl/16 corner, thence southeasterly to the section corner common to sections 3,4,9,and IO.

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Appendix I’

Section 9:

Thence southwesterly to the northeast l/16 corner, thence southerly to the centereast 1 /I6 comer, thence westerly to the center east west l/64 comer, thence south-erly on the north south center line of the east half of the southwest quarter to theeast-west l/64 comer common to sections 9 and 16.

Section 16:

Thence southeasterly to the l/4 comer common to sections 15 and 16.

Section 15:

Thence continuinzz southeasterlv to the southwest 1116 corner, thence northeasterlyto the l/4 comer Formnon to sections 14, and 15.

Sectjon 14:

Thence easterly to the center west l/16 corner, thence southerly to the westcorner common to sections 14 and 23.

Section 23:

l/16

Thence southwesterly to the north l/l6 com.er common to sections 22 and 23.

Section 22:

Thence continuing southwesterly to the center east i/16 comer, thence southerly tothe east l/16 corner common to sections 22 and 27.

Section 27:

Thence southeasterly to the north l/16 comer common to sections 26 and 27.

Section 26:

Thence southeasterly to the southwest southeastPoint of Beginning.

l/64 comer, thence easterly to the

Mid&c Ileschu tedLower CrdxdWild and Scenic River Management Plan

99

Page 110: Middle Deschutes/Lower Crooked Wild and Scenic Rivers’ … · 2016-05-25 · Outdoor Recreation Planner Bureau of Land Management Date Management Approval: I approve the Middle

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