[Federal Register Volume 66, Number 116 (Friday, June 15, 2001)]
[Notices]
[Pages 32639-32640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15242]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CA-610-01-1610-DL]


Proposed Order for Temporary Closure of Selected Routes of Travel 
or Areas in Imperial County, Riverside County, and San Bernardino 
County, California

AGENCY: Bureau of Land Management, Interior.
SUMMARY: Selected routes of travel or areas in two locations in the 
California Desert Conservation Area (CDCA) will be temporarily closed 
to vehicle use pursuant to 43 CFR 8364.1. The proposed closure is to 
provide interim protection for the desert tortoise, desert tortoise 
habitat, and other resource values from motorized vehicle use 
authorized under the CDCA Plan. By taking these interim actions, BLM 
contributes to the conservation of the endangered and threatened 
species in accordance with section 7(a) (1) of the Endangered Species 
Act (ESA). BLM also avoids making any irreversible or irretrievable 
commitment of resources which would foreclose any reasonable and 
prudent alternatives which might be required as a result of the 
consultation on the CDCA plan in accordance with 7(d) of the ESA. These 
closures will remain in effect until records of decision are signed for 
amendments to the CDCA Plan for the Northern and Eastern Colorado 
Desert and the West Mojave Desert.
    The vehicle route closures are as follows: 1. In the Edwards Bowl 
area vehicle use is restricted to specified routes. 2. In two areas of 
desert tortoise critical habitat in the Northern and Eastern Colorado 
Desert (NECO) planning area vehicle use is restricted to specified 
routes.
    Exceptions to the vehicle closures include Bureau of Land 
Management (BLM) operation and maintenance vehicles, law enforcement 
and fire vehicles, and other emergency vehicles.
    The Orders for closure will be posted in the appropriate BLM Field 
Office and at places near and/or within the area to which the closure 
or restriction applies (see Field Offices at end of this Notice).

DATE: No sooner than July 16, 2001, Federal Register Orders of final 
closure will be published for each of the two areas.

ADDRESSES: Written comments may be sent to the appropriate Field 
Office, Attn: Route Closure, at the addresses listed below.

SUPPLEMENTARY INFORMATION: On March 16, 2000, the Center for Biological 
Diversity, and others (Center) filed for injunctive relief in U.S. 
District Court, Northern District of California (Court) against the 
Bureau of Land Management (BLM) alleging that the BLM was in violation 
of Section 7 of the Endangered Species Act (ESA) by failing to enter 
into formal consultation with the U.S. Fish and Wildlife Service (FWS) 
on the effects of adoption of the California Desert Conservation Area 
Plan (CDCA Plan), as amended, upon threatened and endangered species. 
On August 25, 2000, the BLM acknowledged through a court stipulation 
that activities authorized, permitted, or allowed under the CDCA Plan 
may adversely affect threatened and endangered species, and that the 
BLM is required to consult with the FWS to insure that adoption and 
implementation of the CDCA Plan is not likely to jeopardize the 
continued existence of threatened and endangered species or to result 
in the destruction or adverse modification of critical habitat of 
listed species.
    Although BLM has received biological opinions on selected 
activities, consultation on the overall CDCA Plan is necessary to 
address the cumulative effects of all the activities authorized by the 
CDCA Plan. Consultation on the overall Plan is complex and the 
completion date is uncertain. Absent consultation on the entire Plan, 
the impacts of individual activities, when

[[Page 32640]]

added together with the impacts of other activities in the desert are 
not known. The BLM entered into negotiations with plaintiffs regarding 
interim actions to be taken to provide protection for endangered and 
threatened species pending completion of the consultation on the CDCA 
Plan. Agreement on these interim actions avoided litigation of 
plaintiffs' request for injunctive relief and the threat of an 
injunction prohibiting all activities authorized under the Plan. These 
interim agreements have allowed BLM to continue to authorize 
appropriate levels of activities throughout the planning area during 
the lengthy consultation process while providing appropriate protection 
to the desert tortoise and other listed species in the short term. By 
taking interim actions as allowed under 43 CFR Part 8364.1, BLM 
contributes to the conservation of endangered and threatened species in 
accordance with 7(a)(1) of the ESA. BLM also avoids making any 
irreversible or irretrievable commitment of resources which would 
foreclose any reasonable and prudent alternative measures which might 
be required as a result of the consultation on the CDCA plan in 
accordance with 7(d) of the ESA. In January 2001, the parties signed 
the Stipulation and Proposed Order Concerning All Further Injunctive 
Relief and included the closures (paragraphs 40 and 43) described in 
this Notice.
    All existing routes in the subject areas are being or will be 
evaluated and proposed for designation as Open, Closed, or Limited 
through the land use planning process as amendments to the California 
Desert Conservation Area Plan. These designations will be based on 
criteria identified in 43 CFR 8342.1. Management of routes proposed for 
closure will minimize the potential for any adverse effects pending 
designation.
    The BLM Field Offices listed below have prepared environmental 
assessments (EA) which are available for a 15 day public review prior 
to publication of the final Federal Register Order. The beginning of 
the 15 day review for each EA may be different but all generally 
coincide with the publishing of this Notice. Interested parties should 
contact the Field Offices for the EAs and review dates.
    In general, the EAs indicate the following reasons for each 
closure:
    Edwards Bowl: By reducing the size of the available route network 
and better controlling OHV use in the area, the potential for direct 
impacts to desert tortoise, Mojave ground squirrel, burrowing owl, and 
other species will be diminished. The proposed closure will help to 
prevent burrow collapse and species mortality caused by motorized 
vehicles. In addition the closure will have an overall positive impact 
on habitat by reducing soil loss and erosion and increasing vegetation 
regrowth and plant community establishment.
    NECO Routes: The proposed closure will have a positive impact on 
many special status and other species. The proposed closure will reduce 
potential for significant adverse impacts to wildlife in critical 
seasons, such as when young are being reared. As desert tortoise 
commonly travel in washes and use the banks of washes for burrowing, 
restricting motorized vehicle use to specific routes and prohibiting 
use of certain washes within desert tortoise habitat management units 1 
and 2 of the NECO plan will reduce tortoise mortality and crushing of 
burrows. The proposal will also provide added protection for other 
species including bighorn sheep, burro deer, several species of bats, 
prairie falcon, golden eagle Couch's spadefoot toad, and other species 
occurring in the area of the proposed closure.
    The closures are described as follows:
    1. Edwards Bowl (Barstow Field Office): The proposed route closures 
are north of the El Mirage Recreation Area and the town of Adelanto. 
The area covered by the closure will include all of the public lands 
within Sections 6, 7, 8, 16, 20 in T.8N., R.7W., San Bernardino 
Principle Meridian.
    2. NECO Routes Areas (Palm Springs, Needles, El Centro Field 
Offices): The geographic center of Unit 1 is located about 35 miles 
southwest of Needles, California. It is generally bounded on the north 
by Interstate Highway 40; on the northeast by the Camino to U.S. 
Highway 95 powerline road; on the east by U.S. Highway 95, except that 
a portion of the Chemehuevi Valley east of Highway 95, and west and 
northwest of the Whipple Mountains Wilderness is included in the unit; 
on the southeast by the Colorado River Aqueduct; on the south by the 
northern end of the Turtle Mountains; on the southwest by the eastern 
flank of the Old Woman Mountains; and on the northwest by the western 
boundary of the Clipper Mountains Wilderness. The geographic center of 
Unit 2 is located about 50 miles east-southeast of Indio, California. 
It is generally bounded on the north by the southern boundary of Joshua 
Tree National Park and Interstate Highway 10; on the east by the 
southeast boundary of the Chuckwalla Mountains Wilderness and the lower 
northeastern boundary of the Chocolate Mountains Aerial Gunnery Range, 
though detached segments of the unit further to the east are comprised 
of the Little Chuckwalla Mountains Wilderness, a portion of the Palo 
Verde Mountains Wilderness, and the Chuckwalla Valley Dune Thicket Area 
of Critical Environmental Concern; and on the south and southwest by a 
line running southeast to northwest through the middle of the Chocolate 
Mountains Aerial Gunnery Range and extending to the boundary of Joshua 
Tree National Park.

FOR FURTHER INFORMATION CONTACT:
    Edwards Bowl:

Barstow Field Office Manager, 2601 Barstow Road, Barstow, CA 92311, 
Tel: 760-252-6000.

    NECO Routes:

El Centro Field Office Manager, 1661 So. 4th Street, El Centro, CA 
92243, Tel: 760-337-4000.
Palm Springs-South Coast Field Office Manager, 690 W. Garnet Ave., P.O. 
Box 1260, North Palm Springs, CA 92258, Tel: 760-251-4800.
Needles Field Office Manager, 101 W. Spikes Rd., Needles, CA 92363, 
Tel: 760-326-7000.

    Dated: June 8, 2001.
James Wesley Abbott,
Associate State Director.
[FR Doc. 01-15242 Filed 6-14-01; 8:45 am]
BILLING CODE 4310-40-P