[Federal Register Volume 65, Number 167 (Monday, August 28, 2000)]
[Notices]
[Pages 52126-52127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21864]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CA-660-00-1220-HA]


Restrictions on Use of Public Lands and Facilities

AGENCY: Bureau of Land Management, Department of the Interior, Palm 
Springs-South Coast Field Office, Desert District, California.

ACTION: Notice--Temporary closure of routes to use by motorized 
vehicles except as specifically exempted; temporary closure of certain 
public lands to motorized-vehicle use except on approved routes.

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SUMMARY: In compliance with Title 43 Code of Federal Regulations (CFR), 
Subpart 8364.1(c), notice is hereby given that the Bureau of Land 
Management (BLM) is temporarily closing public land portions of Palm 
Hills Drive, also known as Dunn Road, to motorized vehicles. The public 
land portions of Palm Hills Drive subject to the temporary closure 
occur within E\1/2\ Section 5, W\1/2\ Section 8, Sections 16, 29, 32, 
and 33, Township 5 South, Range 5 East, San Bernardino Meridian (SBM); 
and Sections 4, 8, 9, and N\1/2\ Section 16, Township 6 South, Range 5 
East, SBM. The BLM is also temporarily closing all other motorized-
vehicle routes of travel on these public lands and Section 30, Township 
5 South, Range 5 East, SBM. The following motorized vehicles are exempt 
from this order: (1) Fire, military, emergency or law enforcement 
vehicles when used for emergency or patrol purposes; (2) vehicles whose 
use is expressly authorized by the Authorized Officer; and (3) vehicles 
used for official purposes by employees, agents, or designated 
representatives of the Federal Government or one of its contractors. 
These restrictions shall be in effect year-round from October 1, 2000, 
until completion of the Coachella Valley Multiple Species Habitat and 
Natural Communities Conservation Plan which addresses motorized-vehicle 
use on the subject public lands. The designation criteria at 43 CFR 
8342.1 were applied in establishing this temporary closure order. The 
order to temporarily close Palm Hills Drive and other routes to 
motorized vehicles is based on protection of the resources of the 
public lands, promotion of the safety of all users of the public lands, 
and minimization of conflicts among various uses of the public lands. 
Non-motorized uses of Palm Hills Drive (e.g., hiking, bicycling, 
horseback riding) and other routes on public lands are not affected by 
this order. Trails developed primarily for non-motorized use are also 
not affected by the temporary closure.

SUPPLEMENTARY INFORMATION: Palm Hills Drive traverses the northern 
Santa Rosa Mountains from Cathedral City Cove on the north to State 
Highway 74 on the south, within and beyond an area annexed by the City 
of Palm Springs. The road was constructed by Mr. Michael Dunn and his 
partners beginning in 1966, and use of Palm Hills Drive was controlled 
by Mr. Dunn by maintaining two locked gates situated on private land. 
Those portions of Palm Hills Drive that cross public lands were 
constructed absent proper authorization from the BLM. The BLM filed a 
civil suit in Federal District Court in 1968 after negotiations to 
settle the unauthorized use failed. In 1975, a Final Judgement was 
entered between the BLM and Mr. Dunn resolving the dispute. The Court 
found that Mr. Dunn did not hold an easement by way of necessity across 
public lands at any time, and Mr. Dunn renounced any claim to any such 
easement. In 1997, the BLM acquired the private land upon which the two 
locked gates are located. The only other gate controlling access at 
this time is located on U.S. Forest Service lands near the opposite end 
of the road.
    On March 18, 1998, the U.S. Fish and Wildlife Service (USFWS) 
declared through publication of a final rule that the distinct 
vertebrate population segment of bighorn sheep occupying the Peninsular 
Ranges of southern California is endangered pursuant to the Endangered 
Species Act of 1973, as amended. The current population of bighorn 
sheep in the United States,

[[Page 52127]]

Peninsular Ranges approximates 335 animals distributed in eight known 
ewe groups (subpopulations) from the San Jacinto Mountains south to the 
Mexican border.
    In Draft Recovery Plan for the Bighorn Sheep in the Peninsular 
Ranges (USFWS 1999), several studies are identified that link vehicle 
use with modification of bighorn sheep behavior (Jorgensen 1974, Leslie 
and Douglas 1980, Campbell and Remington 1981, Miller and Smith 1985). 
Miller and Smith (1985) documented that 25% of bighorn sheep (45 out of 
180 observations) immediately reacted to a parked jeep or truck either 
by walking away or trotting away and returning to their original 
activity within 10 minutes, or by running away from the area and not 
returning to their original activity. Jorgensen (1974), Leslie and 
Douglas (1980), and Campbell and Remington (1981) demonstrated 
behavioral reactions or change in use patterns due to vehicle use and 
other human activity at water sources. Similarly, the mere presence of 
roads, both paved thoroughfares with heavy traffic and off road vehicle 
dirt roads, may be associated with altering bighorn sheep use patterns 
(Hicks 1978; Cunningham 1982; Rubin et al. 1998). Human activities on 
roads, such as hiking with or without dogs, biking, hunting, and 
traffic volume and speed, are likely factors that influence bighorn 
sheep use patterns near roads (MacArthur 1979, Miller and Smith 1985, 
Krausman and Leopold 1986, King and Workman 1986).
    The temporary closure of Palm Hills Drive and other routes on the 
subject public lands is intended to minimize the potential for adverse 
changes in bighorn sheep behavior due to motorized-vehicle use. Any 
person who fails to comply with this order may be subject to the 
penalties provided in 43 CFR 8360.0-7.

FOR ADDITIONAL INFORMATION CONTACT: Jim Foote, BLM, Palm Springs-South 
Coast Field Office, P.O. Box 1260, North Palm Springs, CA 92258, 
telephone 760-251-4836.

    Dated: August 21, 2000.
James G. Kenna,
Field Manager.
[FR Doc. 00-21864 Filed 8-25-00; 8:45 am]
BILLING CODE 4310-40-P