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Dedicated to conservation and multiple use of public lands for recreation opportunities. Edited by: John Stewart |
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OHVers and Greens Compromise to Guide Desert Management; Update
The BlueRibbon Coalition (BRC), San Diego Off-Road Coalition (SDORC), California Association of Four Wheel Drive Clubs (CA4WDC), High Desert Multiple Use Coalition, and Desert Vipers Motorcycle Club are OHV recreation groups that sought and gained Defendant-Intervenor status in the Center for Biological Diversity (CBD) lawsuit against the Bureau of Land Management (BLM). The CBD was join by the Sierra Club and Public Employees for Environmental Responsibility in their lawsuit against the BLM for failure to include Endangered Species Act (ESA), Section 7 consultations in management actions within the California Desert Conservation Area (CDCA).
As intervenors, the recreation groups were allowed to participate in the negotiations of a settlement since the Solicitor for BLM from Washington, DC acknowledged that the BLM had failed to include ESA, Section 7 consultations in management actions within the CDCA.
Prior to gaining intervenor status, the recreational groups were not party to CBD and BLM discussions that targeted complete closure of vast areas of the Southern California deserts with a major focus on Surprise Canyon, the CDCA route designation, and the Algodones Dunes (Imperial Dunes Recreation Area).
The OHV recreation groups managed to win some concessions during their involvement with the negotiated settlement. An immediate closure of Surprise Canyon will be temporary while an Environmental Assessment is conducted and possible full Environmental Impact Statement prior to permanent closure. Closure of Surprise Canyon will be done subject to National Environmental Policy Act (NEPA) provisions requiring public process and comment period which CBD attempted to avoid.
The CBD wanted immediate permanent closure of five areas that are within the West Mojave Plan with no public comment input. Instead, the NEPA process with 90 day comment periods will be conducted before these areas can be permanently closed. CA4WDC volunteers have spent over 2,000 man hours in route designation field work to determine which routes are desirable to continue to keep open. As with the Algodones Dunes, these closures are all temporary until the biological opinions or Environmental Assessments are done.
1. BLM will prepare evaluation reports for all Areas of Critical Environmental Concern (ACEC) where threatened or endangered species are present or potentially present. The evaluation reports are to determine whether BLM is allowing activities that are incompatible with the protection of the resources the ACEC was designated to protect. The ACECs are:
Western Rand Mountains, Great Falls Basin, Amargosa River Natural Area, Grimshaw Lake Natural Area, Jawbone/Butterbread, Desert Tortoise Natural Area, Harper Dry Lake, Whitewater Canyon, Big Morongo Canyon, Chuckwalla Bench, San Sebastian Marsh/San Felipe Creek, Coachella Valley Fringe-toed Lizard Natural Area, North Algodones Dunes National Natural Landmark, Dos Palmas, Surprise Canyon, Yuha Basin ACEC, and West Mesa ACEC.
2. BLM will maintain an emergency closure on Windy Point until the Coachella Valley Management Plan is completed.
3. BLM will implement and emergency road closure in the West Mojave Plan Area in the Five Route Subregions Polygons: Fremont, Kramer, Red Mountain, Newberry/Rodman and Superior. There will be 90 day comment periods on all closures.
4. BLM will prepare reports detailing plans to stop the unauthorized OHV entry in the following areas:
Jacumba Wilderness, Soda Mountains WSA, Cady Mountains WSA, Grass Valley Wilderness, Golden Valley Wilderness, Kingston Range Wilderness, Palen-McCoy Wilderness, West Rand ACEC, Orocopia Wilderness, Chuckwalla ACEC, Great Falls ACEC, Butterbread ACEC, Desert Tortoise Natural Area, San Felipe Creek/ San Sebastain Wash, Coyote Mountains Wilderness, West Mesa ACEC, West Cronese Lake, Silver Dry Lake, Kingston Wash, Sage Canyon, and Happy Canyon.
Once reports are prepared BLM will develop an implementation schedule and make all reasonable efforts to implement the plans designed to prevent unauthorized OHV activity.
5. BLM will implement an emergency route designation at Edwards Bowls and in the Helendale/Silver Lakes Area.
6. BLM will retain in place the existing emergency route network, but may complete limited route designations as areas recover from the recent fires.
7. BLM will implement via emergency closure all was closures as identified in the preferred Alternative in the NECO plan.
8. BLM will within 45 days of signing this agreement by parties consult with the U.S. Forest Service to consider appropriate means to protect riparian and other resource values at Furnace Creek and Birch Creek. If an agreement cannot be reached the BLM will close, via emergency closure, the final mile of Furnace Creek on BLM land and the final half mile of Birch Creek on BLM land.
9. BLM shall implement via emergency closure, a camping closure on lands in the vicinity of the Algodones Dunes east of the Railroad tracks.
10. BLM on Feb. 15th will institute an emergency closure to motorized vehicle access in Surprise Canyon. By May 1, 2001, BLM shall install a locked gate in the vicinity of the South 1/2 section to block vehicle access to the canyon. As soon as practicable but no later than July 1, 2001, BLM shall complete public scoping, completion of an NEPA document and concurrence of the California Desert District Office, issue a decision document. The decision document shall determine the nature or conditions under which such access, if any, will be allowed. Individuals owing private property in the vicinity of Panamint City shall not be subject to the restrictions of this paragraph.
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