El Centro Field Office El Centro Field Office 

Imperial Sand Dunes Imperial Sand Dunes 

Record of Decision and Recreation Area Record of Decision and Recreation Area 


Management Plan Management Plan 

BLM 

El Centro Field Office 

United States Department of the Interior United States Department of the Interior 

Bureau of Land Management Bureau of Land Management 

June 2013 une 2013 

BLM/CA/ES-2013/013+1793 BLM/CA/ES-2013/013+1793 
Front cover photograph acknowledgement:

Photograph Courtesy of Mr. Kevin Marty

Publication Index #BLM/CA-ES-2013/013+1793
United States Department of the Interior

BUREAU OF LAND MANAGEMENT 

El Centro Field Office

1661 S. 4th Street

El Centro, CA 92243 

(760) 337-4400

TAKE PRIDE• INAMERICA

In reply refer to:

1610-DP-P

670.36 P

Dear Reader:

I am pleased to announce that, after several years of collaborative effort, the Imperial Sand 

Dunes Recreation Area Management Plan (RAMP) and Amendments to the California Desert 

Conservation Area (COCA) Plan are complete. This document will provide guidance for the 

management of over 160,000 acres of public lands in the Imperial Sand Dunes Recreation Area 

and over 50,000 acres of additional public lands surrounding the recreation area within the 

California Desert Conservation Area.

The attached Record of Decision (ROD) and RAMP have been prepared in accordance with the

Federal Land Policy Management Act and the National Environmental Policy Act. The ROD

links final land use plan decisions to the proposed decisions and analysis presented in the 

Proposed RAMP/Final Environmental Impact Statement (FEIS) that was released on September

14, 2012, and subject to a 30-day protest period that ended on October 14, 2012. Three protest

letters were received. The protests were reviewed by the BLM Assistant Director, Renewable 

Resources and Planning, in Washington, D.C. After careful consideration of all points raised in

the protests, the Assistant Director concluded the responsible planning team and decision 

makers followed all applicable laws, regulations, policies, and pertinent resource considerations

in developing the Proposed Plan and the FEIS. Adjustments and points of clarification 

incorporated into the RAMP in response to issues raised in the protest process and final BLM 

review are discussed in the ROD under the sections titled Modifications and Clarifications. The 

protest review did not result in any significant changes to the Proposed Plan.

The ROD serves as the final decision for the land use planning decisions, described in the 

attached RAMP and CDCA Plan Amendments. However, pursuant to the Order of the U.S. 

District Court (Center for Biological Diversity v. BLM, 2006), the BLM has been maintaining 

interim closures of approximately 49,300 Acres to motorized vehicle use in the Imperial Sand 

Dunes Recreation Area. These closures, and the other injunctive relief ordered by the court, 

shall expire 90 days after issuance of the ROD, unless the original parties file a response with 

the District Court explaining why the terms of the Court's Order should continue. In the event 

the original parties file a response objecting to the expiration of the Order, the District Court

will, as appropriate, issue an Order either terminating or amending the original Order, set a 

status conference, and/or request further briefing.

This ROD also describes a set of implementation decisions (listed in Section 1.1.1). An appeal 

opportunity for these decisions is being provided at this time. The process is described in the 

ROD and at 43 Code of Federal Regulations, Part 4, Subpart E. The appeal period will close 30 

days from the date the Notice of Availability of the ROD/Approved RMP appears in the Federal
Register.

Now that the ROD has been signed, we look forward to your participation as we implement the 

plan. If you would like more information, please contact the El Centro Field Office, 1661 S. 4th

Street, El Centro, CA 92243, or by telephone at (760) 337-4400.

Thomas F. Zale

Field Manager
Record of Decision

for the 

Imperial Sand Dunes

Recreation Area Management Plan

and 

Amendment to the 

California Desert Conservation Area Plan

June 2013
THIS PAGE IS INTENTIONALLY BLANK.
Imperial Sand Dunes Recreation

Area Management Plan 

and

Amendment to the

California Desert Conservation Area Plan

Prepared by

U.S. Department of the Interior 

Bureau of Land Management 

ElCentro Field Office 

California

June 2013

Thomas F. Zale

Field Manager, El Centro

Teresa A. Rami

District Manager, California Desert
THIS PAGE IS INTENTIONALLY BLANK.
Executive Summary

Imperial Sand Dunes Page ES-1

ROD and RAMP/CDCA Plan Amendment

June 2013

Executive Summary

Introduction

The Bureau of Land Management (BLM) has prepared this Record of Decision (ROD) 

for the Recreation Area Management Plan (RAMP) and Amendment to the California 

Desert Conservation Area (CDCA) Plan to provide direction for managing public lands 

administered by the BLM within and surrounding the Imperial Sand Dunes Recreation 

Area. 

The overall Planning Area for this document encompasses the Imperial Sand Dunes 

Special Recreation Management Area, which includes the North Algodones Dunes 

Wilderness and an approximately one-mile-wide planning zone around the entire 

Imperial Sand Dunes Special Recreation Management Area. The Planning Area

encompasses 214,930 acres and is located in eastern Imperial County, California, within 

the BLM California Desert Conservation Area. This RAMP and CDCA Plan Amendment 

have been developed to address both federal surface lands and minerals managed by 

the BLM within the Planning Area.

The ROD and RAMP/CDCA Plan Amendment have been prepared in compliance with 

BLM’s planning regulations at Title 43 Code of Federal Regulations (CFR) 1600 and

under the authority of the Federal Land Policy and Management Act of 1976. This 

document also meets the requirements of the National Environmental Policy Act of 1969 

(NEPA), the Council on Environmental Quality’s Regulations for Implementing NEPA (40 

CFR 1500-1508), the Department of the Interior regulations, and requirements of BLM’s

Land Use Planning Handbook (MS-1601-1) and NEPA Handbook (H-1790-1).

This document is also available on the El Centro Field Office web site at 

http://www.blm.gov/en/fo/elcentro, on the BLM California web site at 

http://www.blm.gov/ca/st/en/prog/planning.html, and on compact disc.

Purpose and Need

Prior to the signing of this ROD, the BLM had managed resources within the Planning 

Area under the CDCA Plan (1980) and CDCA Plan amendments, including the Northern 

and Eastern Colorado Desert Coordinated Management Plan (2002), Western Colorado 

Desert Routes of Travel (2003a), and Imperial Sand Dunes RAMP (1987). The BLM 

released a revised Imperial Sand Dunes RAMP (2003b), which was challenged in court 

and was subsequently vacated by the Federal District Court. As part of the Court’s 

decision, interim closures to protect threatened and endangered species in the Imperial 

Sand Dunes, in place since 2001, remain in place pending completion of this RAMP. 
Executive Summary

Page ES-2 Imperial Sand Dunes

ROD and RAMP/CDCA Plan Amendment

June 2013

This ROD and the RAMP/CDCA Plan Amendment combine the relevant portions of the 

Northern and Eastern Colorado Desert Coordinated Management Plan and Western 

Colorado Desert Routes of Travel, and update the 1987 Imperial Sand Dunes RAMP 

with issues and concerns identified during the scoping process. The purpose is to 

provide direction that will guide future management actions for BLM-administered lands 

within the Planning Area. The ROD and RAMP/CDCA Plan Amendment resolve 

management issues, determine management objectives and actions, and establish 

methods to facilitate multiple use and sustained yield management for the entire 

Planning Area.

Issues

The Notice of Intent to prepare the RAMP/CDCA Plan Amendment and associated 

Environmental Impact Statement was published in the Federal Register on March 18, 

2008. The BLM held three public scoping meetings in April of 2008 and solicited 

comments. Resource specialists were present to answer questions, and attendees were 

encouraged to take extra information packages and comment forms, and distribute them 

to interested individuals that were not able to attend the meetings.

Comments were received from the public, agencies, organizations, and other interested 

stakeholders. Key issues identified included: designation of open and closed off-highway 

vehicle recreation areas; allowable uses within the Planning Area; resource protection, 

particularly of the microphyll woodlands, plant and wildlife species, and cultural 

resources; law enforcement and public health and safety; hazardous materials 

management; and facilities management.

The formal comment period for the Draft RAMP/Draft Environmental Impact Statement 

was from March 26, 2010 to August 9, 2010. BLM held three public comment meetings 

in April 2010 at which oral comments were recorded and written comments were 

accepted. Written comments were also accepted via letter, email, and fax throughout the 

comment period. Key issues identified during the public comment period were similar to 

those received during the public scoping period and included air quality and protection of 

Peirson’s milk-vetch.

Alternatives

The basic goal of developing alternatives was to prepare different combinations of 

management actions to address issues and to resolve conflicts among uses. 

Alternatives must meet the purpose and need, be reasonable and practical or feasible 

from the technical and economic standpoint, and use common sense. Alternatives may 

also provide a mix of resource protection, use, and development; must be responsive to 

the issues; and meet the established planning criteria. Each alternative is a complete 
Executive Summary

Imperial Sand Dunes Page ES-3

ROD and RAMP/CDCA Plan Amendment

June 2013

land use plan that provides a framework for multiple-use management of the full 

spectrum of resources, resource uses, and programs present in the Planning Area. 

Alternative 8, the preferred alternative in the Proposed RAMP/Final Environmental 

Impact Statement, was selected as the RAMP/CDCA Plan Amendment. All other 

alternatives were rejected. Two types of land use planning decisions are found under 

each topic for Alternative 8: Desired Future Conditions (resource goals and objectives) 

and Management Actions (prescriptions to help achieve management objectives).

Under the RAMP/CDCA Plan Amendment, the BLM will manage the public lands in 

accordance with all applicable laws, regulations, and BLM policy and guidance.

Alternative 8 (RAMP and CDCA Plan Amendment; preferred alternative in the 

Proposed RAMP/Final Environmental Impact Statement) provides for management 

of each resource and resource use by establishing a balance between authorized 

resource use and the protection and long-term sustainability of sensitive resources. It 

allows visitation and development within the Planning Area, while ensuring that resource 

protection is not compromised in accordance with the principles of multiple use and 

sustained yield as mandated by Federal Land Policy Management Act. The decisions 

under this alternative are a combination of features from several of the other 

alternatives. In addition to the goals and objectives listed for each resource, the selection 

of Alternative 8 will result in a CDCA Plan Amendment that addresses multiple use 

classes; establishes visual resource management classes; updates areas of critical 

environmental concern; establishes recreation area management zones; designates 

exclusion or avoidance areas for camping and land use authorizations; adjusts land 

tenure; designates all BLM-administered lands within the Planning Area as open, closed, 

or limited to motorized use; and maintains the Northern and Eastern Colorado Desert 

Coordinated Management Plan and Western Colorado Desert Route of Travel Plan 

decisions in the Planning Area.

Government and Public Involvement

The BLM continued collaboration efforts by including communities in the formulation and 

development of alternatives. The scoping meetings gave the public an opportunity to 

provide input for the BLM to consider in refining the issues to be addressed, discuss 

visions for BLM lands, and begin exploring alternative ways to manage BLM lands and 

resources in the Planning Area. Input received from the public (both groups and 

individuals) was considered in developing the alternatives. The public comments and 

issues were considered in the range of alternatives and analyzed in the EIS, as required 

by NEPA. 

The ROD and RAMP/CDCA Plan Amendment was developed with coordination and 

cooperation from the following agencies: California Department of Fish and Wildlife, 
Executive Summary

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ROD and RAMP/CDCA Plan Amendment

June 2013

California State Historic Preservation Office, and United States Fish and Wildlife Service.

The United States Border Patrol, El Centro Sector, and Imperial County Planning 

Department participated as cooperating agencies. The BLM also consulted with Indian 

tribes who have oral traditions or cultural concerns relating to the Planning Area or who 

are documented as having occupied or used portions of the Planning Area during 

historic times.
Imperial Sand Dunes TOC-i

ROD and RAMP/CDCA Plan Amendment

June 2013

TABLE OF CONTENTS

Executive Summary ES-1

1.0 Record of Decision 1-1

1.1 The Decision 1-5

1.1.1 Types of Decisions 1-5

1.2 Termination of Interim Closures 1-7

1.3 Alternatives Considered 1-7

1.4 Environmentally Preferred Alternative 1-13

1.5 Management Considerations 1-13

1.6 Mitigation and Monitoring 1-15

1.7 Public Involvement 1-16

1.7.1 Scoping 1-16

1.7.2 Public Review of the Draft RAMP/CDCA Plan Amendment and Draft EIS 1-16

1.7.3 Protest Review and Resolution 1-16

1.8 Consultation and Coordination 1-18

1.8.1 Endangered Species Act Consultation 1-18

1.8.2 Consultation with the State Historic Preservation Officer 1-19

1.8.3 Tribal Consultation 1-20

1.8.4 Environmental Protection Agency Review 1-21

1.8.5 Other Coordination and Consultation 1-21

1.8.6 State of California – Plan Amendment Consistency Review and 

Determination 1-21

1.9 Modifications and Clarifications 1-21

1.9.1 Errata 1-23

1.10 Appeal Procedures 1-24

2.0 Recreation Area Management Plan 2-1

2.1 Purpose of and Need for Action 2-1

2.1.1 Need 2-1

2.1.2 Purpose 2-1

2.1.3 Overall Vision 2-2

2.2 Planning Issues 2-2

2.3 Planning Criteria 2-3

2.4 Planning Process 2-4

2.4.1 Laws, Regulations, and Executive Orders 2-5

2.4.2 Relationship to Policies, Plans, and Programs 2-6

2.5 Decisions 2-12

2.5.1 What the Decision / RAMP Provides 2-12

2.5.2 CDCA Plan Amendment Decision Summary 2-13

2.5.3 Incorporation of Terms and Conditions of U.S. Fish and Wildlife Service 

Biological Opinion 2-14

2.5.4 Termination of Interim Closures 2-14

2.5.5 Provide for Authorization and Use 2-14

2.5.6 Implementation of the RAMP 2-14

2.5.7 What the Decision / RAMP Does Not Provide 2-15
TOC-ii Imperial Sand Dunes

ROD and RAMP/CDCA Plan Amendment

June 2013

TABLE OF CONTENTS (CONT.)

2.6 Decisions 2-15

2.7 Multiple Use Classes 2-17

2.7.1 Goals and Objectives 2-17

2.8 Land Health Standards Management 2-18

2.8.1 Goals and Objectives 2-21

2.8.2 Management Actions 2-21

2.9 Air Resources Management 2-23

2.9.1 Goals and Objectives 2-24

2.9.2 Management Actions 2-24

2.10 Soil Resource Management 2-24

2.10.1 Goals and Objectives 2-25

2.10.2 Management Actions 2-25

2.11 Water Resource Management 2-25

2.11.1 Goals and Objectives 2-26

2.11.2 Management Actions 2-27

2.12 Vegetative Resource Management 2-27

2.12.1 Plant Communities 2-29

2.12.2 Priority Plant Species 2-32

2.12.3 Invasive Non-native Plants 2-33

2.12.4 Vegetative Use Authorization 2-34

2.13 Wildlife Resource Management 2-36

2.13.1 Planning Area-wide 2-37

2.13.2 Priority Wildlife Species 2-39

2.14 Special Status Species Management 2-42

2.14.1 Planning Area-wide 2-44

2.14.2 Federally Listed Species and Designated Critical Habitat 2-46

2.14.3 State-listed Species 2-49

2.14.4 BLM Sensitive Species 2-51

2.15 Wildland Fire Management 2-52

2.15.1 Goals and Objectives 2-52

2.15.2 Management Actions 2-52

2.16 Cultural Resource Management 2-53

2.16.1 Goals and Objectives 2-54

2.16.2 Management Actions 2-55

2.16.3 Cultural Use Allocation 2-56

2.17 Paleontological Resource Management 2-57

2.17.1 Goals and Objectives 2-58

2.17.2 Management Actions 2-58

2.18 Visual Resource Management 2-59

2.18.1 Goals and Objectives 2-60

2.18.2 Management Actions 2-60
Imperial Sand Dunes TOC-iii

ROD and RAMP/CDCA Plan Amendment

June 2013

TABLE OF CONTENTS (CONT.)

2.19 Special Designations and Lands with Wilderness Characteristics 2-62

2.19.1 Wilderness 2-62

2.19.2 Lands with Wilderness Characteristics 2-67

2.19.3 Areas of Critical Environmental Concern 2-69

2.20 Mineral Resource Management 2-71

2.20.1 Locatable Minerals 2-71

2.20.2 Leasable Minerals 2-73

2.20.3 Salable Minerals 2-76

2.21 Recreation Resource Management 2-77

2.21.1 Goals and Objectives 2-80

2.21.2 General Management Actions 2-81

2.21.3 Recreation Management Areas 2-83

2.22 Transportation and Public Access 2-94

2.22.1 OHV Management Area Designations 2-95

2.22.2 Routes of Travel 2-96

2.23 Lands and Realty Management 2-102

2.23.1 Land Tenure 2-104

2.23.2 Land Use Authorizations 2-105

2.23.3 Withdrawals 2-112

2.23.4 Utility Corridors 2-112

2.24 Public Health and Safety 2-119

2.24.1 Recreation, Visitor Health and Safety, and Law Enforcement 2-119

2.24.2 International Border Issues 2-121

2.24.3 Unexploded Ordnance 2-121

2.24.4 Hazardous Materials 2-122

3.0 Implementation and Monitoring 3-1

3.1 Implementation 3-1

3.2 Requirements for Further Environmental Analysis 3-1

3.3 Adaptive Management 3-2

3.4 Plan Monitoring 3-2

3.5 Plan Evaluation 3-3

3.6 Plan Maintenance 3-4

3.7 Plan Modification 3-5

3.7.1 Amending the Approved RAMP 3-5

3.7.2 Revising the Approved RAMP 3-5

4.0 Acronyms 4-1

5.0 References Cited 5-1
TOC-iv Imperial Sand Dunes

ROD and RAMP/CDCA Plan Amendment

June 2013

TABLE OF CONTENTS (CONT.)

TABLES

1-1: Planning Area Acreage 1-1

1-2: Summary of Differences between Alternatives 1-8

2-1: Decision Lettering for Resources and Resource Uses 2-16

2-2: MUCs Previously Designated within the ISD 2-18

2-3: Use Allocations for Cultural Properties 2-57

2-4: VRM Classes within ISD Planning Area 2-61

2-5: Recreation Management Zones within Planning Area 2-88

2-6: OHV Management Area Designations within Planning Area 2-95

2-7: Routes of Travel 2-101

MAPS

1-1: Planning Area and Regional Setting 1-3

2-1: CDCA Plan Designated Multiple Use Classes 2-19

2-2: Visual Resource Management 2-63

2-3: Special Designations 2-65

2-4: Lands Available for Geothermal Minerals Leasing 2-77

2-5: Special Recreation Management Area 2-85

2-6: Recreation Management Zones 2-89

2-7: OHV Management Area 2-97

2-8: Routes of Travel in the Planning Area 2-99

2-9: Utility Corridors and Communication Sites 2-109

2-10: Lands Available for Solar Energy Development 2-113

2-11: Lands Available for Wind Energy Development 2-115

2-12: Existing Land Withdrawals within the Planning Area 2-117

APPENDICES 

A: USFWS Biological Opinion

B: Routes of Travel

C: Laws, Regulations, and Executive Orders

D: Monitoring Plan

E: Typical Management Actions and Best Management Practices

F: Dust Control Plan

G: Pacific Southwest Regional Forester Traditional Gathering Policies
1.0 Record of Decision

Imperial Sand Dunes 1-1

ROD and RAMP/CDCA Plan Amendment

June 2013

1.0 Record of Decision

The Bureau of Land Management (BLM) has prepared the Recreation Area 

Management Plan (RAMP) and California Desert Conservation Area (CDCA) Plan

Amendment for the Imperial Sand Dunes (ISD) Recreation Area. The Planning Area is 

approximately 227,000 acres (214,930 BLM-administered acres) and encompasses the 

ISD Special Recreation Management Area (SRMA), which includes the North Algodones 

Dunes Wilderness and an additional approximately one-mile-wide zone surrounding the 

ISD SRMA (excluding land in Mexico; Table 1-1, Map 1-1). The Planning Area is in 

eastern Imperial County, California, is within the CDCA (see Map 1-1), and covers an 

area more than 40 miles long and averaging 5 miles wide. Although the Planning Area 

contains approximately 12,000 acres of non-federal lands, planning and implementation 

decisions only apply to BLM-administered public lands.

Portions of the Planning Area are also currently managed under the Northern and 

Eastern Colorado Desert Management Plan (NECO; a BLM plan amendment to the 

CDCA Plan) and the Western Colorado Desert Routes of Travel Designation Plan 

(WECO; an implementation-level plan for the CDCA). Only the portions of the NECO 

and WECO areas that overlap the ISD Planning Area were addressed by the RAMP and 

CDCA Plan Amendment. Travel management decisions made in the NECO and WECO 

plans remain in place and were not modified in the RAMP or ROD.

TABLE 1-1

PLANNING AREA ACREAGE (BLM ACRES)

Description BLM-administered Acres

ISD SRMA (excluding North Algodones Dunes Wilderness) 138,111

North Algodones Dunes Wilderness 26,098

One-mile-wide planning zone around the ISD SRMA 50,722

Total Acres in ISD Planning Area 214,930

The Planning Area is considered a world-class off-highway vehicle (OHV) recreation 

area and is a well-known recreation resource for local residents and visitors from the 

southwestern United States (U.S.) and beyond. The Planning Area is the most 

intensively used OHV recreation area that the BLM manages nationwide, with over one 

million visitors per year. In addition, the Planning Area is frequently used as a backdrop 

for commercials and movies because of its unique beauty and landscape. The Planning 

Area also provides wilderness recreation opportunities and unique habitat for several 

endemic and sensitive plant, insect, and animal species.

Well-known recreation sites within the SRMA include but are not limited to Buttercup 

Valley, Gecko and Roadrunner campgrounds, Glamis Flats, Gordons Well, Dunebuggy 

Flats, Mammoth Wash, Ogilby, and Osborne Overlook (see Map 1-1). The ISD SRMA 

consists of a typical sand dune habitat with larger dunes found in the central portion of 
1.0 Record of Decision

1-2 

ROD and RAMP/CDCA Plan Amendment

June 2013

the Planning Area. Microphyll woodlands can be found on the eastern edge of the sand 

dunes and contain several plant species, including palo verde (genus Cercidium), 

mesquite (Prosopis glandulosa var. torreyana), and ironwood (Olneya tesota).

Because of the overwhelming popularity and regional importance of the Planning Area to 

visitors, recreational enthusiasts, and others, the ISD SRMA requires careful 

management to protect its recreational and other resource uses, and its natural, 

biological, and cultural resources. As the steward of the ISD SRMA, the BLM is charged 

with the responsibility to oversee and manage this ecologically complex and beautiful 

public treasure. The BLM developed this RAMP as a tool for long-range planning and 

management oversight of these important resources. 

This Record of Decision (ROD) approves the BLM’s ISD RAMP and CDCA Plan 

Amendment. The RAMP/CDCA Plan Amendment was Alternative 8 in the September 

2012 ISD Proposed RAMP/Proposed CDCA Plan Amendment and Final Environmental 

Impact Statement (EIS), and is included in this ROD as Chapter 2. The ROD provides 

the background on development of the plan and rationale for approving the proposed 

decisions contained in Alternative 8 (RAMP/CDCA Plan Amendment), and describes the 

clarifications and modifications made to resolve the protests received.

The RAMP/CDCA Plan Amendment decisions (including management activities, 

mitigation, and project design features) for BLM-administered lands within the Planning 

Area are presented in Chapter 2 of this document. This RAMP/CDCA Plan 

Amendment/ROD considered public comments, scientific and technical information, and 

the results of applicable consultations and coordination with federal and state agencies, 

local governments, Indian tribes, a variety of non-governmental organizations, and 

numerous individuals. 

This RAMP/CDCA Plan Amendment/ROD and its associated Proposed RAMP/CDCA 

Plan Amendment/Final EIS were prepared in accordance with the Federal Land Policy 

and Management Act (FLPMA; 43 U.S. Code [USC] 1701 et seq.), the National 

Environmental Policy Act (NEPA; 42 USC 4321 et seq.), Council on Environmental 

Quality (CEQ) regulations for implementing NEPA (40 Code of Federal Regulations 

[CFR] 1500-1508), BLM regulations (43 CFR Part 1600), and BLM policy (NEPA 

Handbook [H-1790-1] and Land Use Planning Handbook [H-1601-1]).

This ROD incorporates the terms and conditions of the November 2, 2012 Biological 

Opinion issued to the BLM by the U.S. Fish and Wildlife Service (USFWS; Appendix A).
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Date Prepared: 5/31/2013

Project: Map1-1_Plan_Area

US Department of the Interior

BUREAU OF LAND MANAGEMENT

MAP 1-1: Planning Area and Regional Setting The Bureau of Land Management makes no

warranties, implied or expressed, with respect

to information shown on this map.

Bureau of Land Management

El Centro Field Office

June 2013

IMPERIAL SAND DUNES U.S. DEPARTMENT OF THE INTERIOR

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1.0 Record of Decision

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ROD and RAMP/CDCA Plan Amendment

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1.0 Record of Decision

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ROD and RAMP/CDCA Plan Amendment

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1.1 The Decision

The decision is hereby made to approve the attached RAMP and CDCA Plan 

Amendment for the ISD. The RAMP/CDCA Plan Amendment was prepared under the 

authority and regulations implementing the FLPMA of 1976 (43 CFR 1600). Land use 

plan decisions identified in the RAMP/CDCA Plan Amendment are final and become 

effective when this ROD is signed1. 

Major plan decisions address multiple use classes (MUCs); establish visual resource 

management (VRM) classes; update areas of critical environmental concern (ACECs);

establish recreation area management zones; designate exclusion or avoidance areas 

for camping and land use authorizations; adjust land tenure; designate all BLMadministered lands within the Planning Area as open, closed, or limited to OHV and 

other motorized use; and maintains the existing NECO and WECO decisions in the 

Planning Area. Specific management decisions for public lands within the Planning Area 

are presented in Chapter 2.0—Recreation Area Management Plan.

1.1.1 Types of Decisions

This ROD contains land use plan and implementation decisions. The BLM must 

distinguish between land use plan and implementation decisions in all plan amendment 

documents and clearly describe for the public the administrative remedies for each type 

of decision. The RAMP/CDCA Plan Amendment includes plan decisions that were 

protestable to the Director of the BLM as provided through 43 CFR 1610.5-2 and that 

are subject to judicial litigation in Federal District Court. Implementation decisions may 

be appealed to the Office of Hearings and Appeals.

The BLM Land Use Planning Handbook (H-1601-1) defines land use plan decisions as 

“broad-scale decisions [that] guide future management actions and subsequent sitespecific implementation decisions” (2005a). Appendix C of the Land Use Planning 

Handbook identifies specific planning considerations for individual BLM programs. Land 

use planning decisions that were protestable included the following: 

• Adoption of area-wide management actions to comply with the Clean Air Act 

• Adoption of regional (California Desert District) Rangeland Health Standards, as 

appropriate for the Planning Area, to protect soil, water, and vegetation 

 

1The BLM is currently maintaining interim closures pursuant to the Order of the U.S. District Court 

(Order No. C 03-2509 SI). See Section 1.2, Termination of Interim Closures for information on the 

lifting of that order.
1.0 Record of Decision

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ROD and RAMP/CDCA Plan Amendment

June 2013

• Identification of desired outcomes, strategies, restoration opportunities, use 

restrictions, and management actions to conserve and recover special status species 

and other priority species and habitats 

• Identification of cultural resource protection measures and restrictions on uses of 

other resources to protect cultural resource values 

• Identification of criteria and use restrictions to protect paleontological resources

• Designation of VRM classes 

• Identification of decisions to protect or preserve wilderness characteristics 

• Designation of SRMAs and Recreation Management Zones 

• Designation of OHV Management Areas as open, closed, or limited 

• Identification of lands for retention, disposal, acquisition, or withdrawal 

• Identification of right-of-way avoidance and exclusion areas 

• Identification of areas and circumstance under which authorizations for use,

occupancy, and development (major lease and land use permits) may be granted 

• Identification of potential development areas for renewable energy projects (e.g., 

solar and wind), communications sites, and other uses

• Identification of areas open to leasing for oil, gas, and geothermal resources 

• Identification of areas recommended for closure pursuant to the mining laws for 

locatable minerals and areas to be open or closed to mineral sales 

• Designation of new ACECs or modifications to existing ACECs 

Implementation decisions generally constitute the BLM’s final approval allowing on-theground actions to proceed. Appendix C of the Land Use Planning Handbook identifies 

possible implementation decisions for specific BLM programs. Implementation decisions 

in this document that may be appealed include the following: 

• Site-specific camping, parking, and other restrictions to protect special status species 

or wildlife habitat 

• Management of wildlife guzzlers, fuel management, and placement of fencing, 

signing, or other facilities to protect wildlife habitat 

• Signing, fencing, interpretive sites, or other facilities to protect cultural and 

paleontological resources 
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• Management and design of actions and facilities to meet VRM class objectives 

• Site-specific protection measures to protect lands with wilderness characteristics 

• Site-specific management actions and plans for ACECs 

• Design, development, management, and administration of recreation sites and 

facilities within recreation management zones 

• Designation of individual routes and trails within OHV management areas as open, 

limited, or closed 

• Implementation decisions on routes and trails are found in Appendix B.

Implementation of a RAMP typically begins with its approval by the State Director (see 

Section 1.2—Termination of Interim Closures below). Some decisions in the RAMP 

require immediate action and will be implemented upon publication of the ROD and 

RAMP. Other decisions will be implemented over a period of years. The rate of 

implementation is tied in part to the BLM’s budgeting process. 

1.2 Termination of Interim Closures

Pursuant to the Order of the U.S. District Court (Center for Biological Diversity v. BLM, C 

03-2509 SI, Sept. 26, 2006), the BLM has been maintaining interim closures as identified 

in the “Temporary Closure of Approximately 49,300 Acres to Motorized Vehicle Use of 

Five Selected Areas in the [Imperial Sand Dunes Recreation Area],” 66 Federal Register

53, 431-02 (Oct. 22, 2001). All injunctive relief, including the closures, shall expire 90 

days after issuance of the ROD, unless the original parties file a response with the 

District Court explaining why the terms of the Court’s Order should continue. In the event 

the original parties file a response objecting to the expiration of the Order, the District 

Court will, as appropriate, issue an Order either terminating or amending the original 

Order, set a status conference, and/or request further briefing.

1.3 Alternatives Considered

The BLM analyzed eight management alternatives in the Proposed RAMP/CDCA Plan 

Amendment and Final EIS. The alternatives were based on substantive public input on 

the existing environment, existing uses, desired future uses, and desired environmental 

conditions of the Planning Area. The alternatives considered in the EIS are summarized 

below. In accordance with the CEQ regulations, all of the alternatives identified below 

were analyzed for environmental effects between and among all the other alternatives. 

The results of that analysis are summarized in Table 1-2 below, as well as the

discussion that follows.
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TABLE 1-2

SUMMARY OF DIFFERENCES BETWEEN ALTERNATIVES

1 2 3 4 5 6 7 8

Acres Available for OHV (Open and Limited) 188,833 139,609 127,153 159,711 156,316 161,391 178,187 179,786

Acres Closed to OHV (Outside Wilderness) 0 49,224 61,680 29,122 32,516 27,441 10,645 9,046

Acres of Peirson’s Milk-vetch Habitat Closed 

(Outside Wilderness) 0 6,775 9,037 6,508 9,037 3,775 5,652 9,046

Acres Available for Wind and Solar 

Development 188,833 188,833 47,131 39,694 39,694 39,694 188,833 35,115

Acres Excluded from Wind and Solar 

Development (Outside Wilderness) 0 0 141,702 4,847 4,847 4,847 4,847 153,717

Acres Available for Geothermal Development 

(with Surface Occupancy) 188,833 188,833 0 0 11,939 11,939 188,833 35,115

Acres Available for Geothermal Development 

(No Surface Occupancy) 0 0 0 188,833 0 0 0 14,025

NOTE: Inconsistencies in acres between the Final EIS and the Record of Decision may be due to GIS data and rounding.
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Alternative 1 (No Action). Since the RAMP is a land use plan decision, Alternative 1

represented the No Action Alternative required by NEPA because it reflects the last 

formal plan amendment officially recognized by the BLM and reflects the current 

management direction adopted by the BLM. Alternative 1 did not take into account the 

Court-ordered Administrative Closures because the administrative closures were 

originally imposed as a result of a Court-ordered settlement and more recently as a 

result of a continuing Court order. The BLM interprets the status quo of public land 

management as that directed by formal land use planning; otherwise, any number of 

temporal management scenarios could affect environmental analysis leading to an infirm 

basis for impact comparisons. Under this alternative, management of recreation 

opportunities, special status species habitat, and other resources would have been

maintained at existing levels prior to the 2001 Closure Order. This alternative would not 

have modified allowable uses to address emerging issues on public lands. The No 

Action Alternative did not take into account the closure in the ISD SRMA, because the 

closure is an administrative action (made pursuant to 43 CFR subpart 8341 and a 

subsequent Court-ordered RAMP revision) and not a formal land use decision approved 

pursuant to 43 CFR 1610. 

The No Action Alternative is meant to establish a baseline for analysis of impacts to the 

human environment as compared to and among comparison of a range of alternatives. 

Therefore, the No Action Alternative considered the effects of current management 

direction (i.e., those approved within an existing land use plan) rather than a temporal

closure, because management of public lands under an administrative or judicial closure 

substantially alters the baseline for analysis. In other words, the trajectory for impacts to 

the human environment is much different if the BLM compares other reasonable 

alternatives to management of public lands under a closure order instead of existing land 

use decisions.

Importantly, using this approach to define the No Action Alternative provided the public 

and BLM officials with a better understanding of the current management direction that 

has contributed to the existing conditions of public land resources. Likewise, using this 

approach provides a better baseline for analysis of impacts from different management 

alternatives that met the purpose and need for a land use plan amendment/revision.

In comparison with Alternative 2, the No Action Alternative would have allowed OHV use 

on 188,833 acres, would not have included the administrative closure of 47,722 acres, 

and would have not closed 6,570 acres of Peirson’s milk-vetch (Astragalus magdalenae 

var. peirsonii) critical habitat to OHV use. Although not addressed in the 1987 plan, the 

No Action Alternative did include the North Algodones Wilderness, since this was a 

permanent legislative action made through the California Desert Protection Act of 1994. 

In comparison with Alternatives 3 through 8, Alternative 1 would have not amended the 

CDCA Plan through changes to land use plan decisions including OHV area 

designations, MUCs, VRM classes, ACEC designations, or identification of exclusion or 
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avoidance areas for land use authorizations, and would not have provided protection of 

lands with wilderness characteristics outside the North Algodones Dunes Wilderness. 

Based on analysis in Chapter 4 of the Final EIS, Alternative 1 would have had the 

highest level of impacts from OHV use to sensitive species and would have allowed the 

maximum acreage for land use authorizations and renewable energy of all the 

alternatives. Alternative 1 would have had the least impact on OHV recreation use and 

dispersed camping of all the alternatives.

Alternative 2 would have continued the management direction contained in the 1987 

RAMP with changes made to comply with laws, policies, and management measures 

instituted since the 1987 RAMP was approved, including the designation of the North 

Algodones Dunes Wilderness in 1994. This alternative also included administrative 

actions in the Planning Area since the 1987 RAMP was approved, including the 

Administrative Closures of OHV recreation areas. The specific Court-mandated 

Administrative Closures would have been adopted by the BLM only under this 

alternative; however, variations of these closures, with differing acreages, would have 

occurred in all alternatives except the No Action (Alternative 1). Alternative 2 provided an 

opportunity to compare the current management with various strategies suggested to be 

analyzed for future management.

Because the District Court’s vacature of the 2005 ROD rendered the 2003 RAMP nonoperational, current on-the-ground management of the Planning Area is conducted 

based on the 1987 RAMP, the Court-ordered administrative closures, and the NECO 

and WECO CDCA Plan Amendments. Alternative 2 included the Court-mandated interim 

Administrative Closures. Alternative 2 was used as a baseline in the comparison of the 

impacts of alternatives in Chapter 4 of the EIS, against which the impacts of other 

alternatives were compared.

In comparison with Alternative 1, this alternative would have closed 47,722 acres to 

OHV use, including 6,750 acres of Peirson’s milk-vetch critical habitat. In comparison 

with Alternatives 3 through 8, this alternative would not have amended the CDCA plan 

through changes to land use plan decisions including OHV area designations (except for 

the administrative closure areas), MUCs, VRM classes, ACEC designations, or 

identification of exclusion or avoidance areas for land use authorizations. 

Based on analysis in Chapter 4 of the Final EIS, Alternative 2 would have had a lower 

level of impacts from OHV use to sensitive species than the No Action Alternative or 

Alternatives 4 through 8. Alternative 2 would have allowed the same acreage for land 

use authorizations and renewable energy as the No Action and Alternative 7. Alternative 

2 would have had the most impact on OHV recreation use and dispersed camping of all 

the alternatives, except Alternative 3, which would have closed more acres to OHV use.
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Alternative 3 generally placed emphasis on preservation of the Planning Area’s natural, 

biological, and cultural resources through limited public use. It focused on natural 

processes and other unobtrusive methods for natural resource use and management. It 

proposed fewer motorized and developed recreation opportunities than other 

alternatives. Alternative 3 would have resulted in a CDCA Plan amendment that 

addresses MUCs; establishes VRM classes; provides maximum protection for lands with 

wilderness characteristics; updates ACECs; establishes recreation area management 

zones; designates exclusion or avoidance areas for camping and land use 

authorizations; adjusts land tenure; designates all BLM-administered lands within the 

Planning Area as open, closed, or limited to motorized use; and maintains the NECO 

and WECO decisions in the Planning Area. 

Alternative 3 would have provided the maximum acres closed to OHV use and would 

have had the lowest level of impacts from OHV use to sensitive species of all the 

alternatives. Along with Alternatives 4, 5, 6, and 8, this alternative would have allowed

about the same acres available for wind and solar development, but would have allowed

no geothermal development. Alternative 3 would have had the highest level of impact on 

OHV recreation use and dispersed camping of all the alternatives.

Alternative 4 emphasized opportunities for visitors to experience natural, biological, and 

cultural resource values of the Planning Area. It emphasized a combination of natural 

processes and active management techniques for recreation and use management. The 

alternative included management decisions that would have provided a balance of 

multiple uses. Alternative 4 would have resulted in a CDCA Plan amendment that 

addresses MUCs; establishes VRM classes; updates ACECs; establishes recreation 

area management zones; designates exclusion or avoidance areas for camping and 

land use authorizations; adjusts land tenure; designates all BLM-administered lands 

within the Planning Area as open, closed, or limited to OHV use; and maintains the 

NECO and WECO decisions in the Planning Area.

Alternative 4 identified a higher level of preservation and a lower level of OHV recreation 

opportunities than Alternatives 1, 5, 6, 7, and 8. Alternative 4 did not provide for special 

protection of lands with wilderness characteristics, which distinguished it from Alternative 

3. This alternative would have had fewer impacts from OHV use on sensitive species 

than Alternatives 1, 6, 7, and 8, but would have had more impacts than Alternatives 2 

and 3. Alternatives 4 and 5 were similar in acres of OHV designations, but differed in the 

acres available for geothermal development, with Alternative 4 allowing the maximum 

acres available (with no surface occupancy) of all alternatives.

Alternative 5 provided visitors with opportunities to experience natural, biological, and 

cultural resource values of the Planning Area. It emphasized a combination of natural 

processes and active management techniques for recreation and use management. The 

alternative included management decisions that would have provided a balance of 

multiple uses. Alternative 5 identified a more moderate level of preservation than 
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Alternative 4 and a more moderate level of motorized recreation, recreation 

opportunities, and renewable development than Alternative 6. Alternative 5 would have 

resulted in a CDCA Plan amendment that addresses MUCs; establishes VRM classes; 

updates ACECs; establishes recreation area management zones; designates exclusion 

or avoidance areas for land use authorizations; adjusts land tenure; designates all BLMadministered lands within the Planning Area as open, closed, or limited to OHV use; and 

maintains the NECO and WECO decisions in the Planning Area. In contrast to 

Alternative 3, Alternative 5 would not have provided special protection for lands with 

wilderness characteristics.

Alternative 6 provided visitors with opportunities to experience natural, biological, and 

cultural resource values of the Planning Area. It emphasized a combination of natural 

processes and active management techniques for recreation and use management. The 

alternative included management decisions that would have provided a balance of 

multiple uses. Alternative 6 identified a lower level of preservation than Alternative 4 and 

a higher level of motorized recreation, recreation opportunities, and renewable 

development than Alternative 5. Alternative 6 would have resulted in a CDCA Plan 

amendment that addresses MUCs; establishes VRM classes; updates ACECs;

establishes recreation area management zones; designates exclusion or avoidance 

areas for land use authorizations; adjusts land tenure; designates all BLM-administered 

lands within the Planning Area as open, closed, or limited to OHV use; and maintains the 

NECO and WECO plan decisions in the Planning Area.

Alternative 7 generally placed an emphasis on consumer-driven uses and the widest 

array of uses, such as renewable energy, transportation, and utility rights-of-way, and 

enhanced recreational opportunities (including motorized recreation). It identified areas 

most appropriate for these various uses. It placed a greater emphasis on developed and 

motorized recreation opportunities and a lesser emphasis on remote settings and 

primitive recreation. Alternative 7 would have resulted in a CDCA Plan amendment that 

addresses MUCs; established VRM classes; updates ACECs; establishes recreation 

area management zones; designates exclusion or avoidance areas for camping and 

land use authorizations; adjusts land tenure; designates all BLM-administered lands 

within the Planning Area as open, closed, or limited to OHV use; and maintains the 

NECO and WECO decisions in the Planning Area.

Alternative 8 (RAMP/CDCA Plan Amendment; Preferred Alternative) provides for 

management of each resource and resource use by establishing a balance between 

authorized resource use and the protection and long-term sustainability of sensitive 

resources. It allows visitation and development within the Planning Area, while ensuring 

that resource protection is not compromised in accordance with the principles of multiple 

use and sustained yield as mandated by FLPMA. The proposed decisions under this 

alternative are a combination of features from several of the other alternatives. 

Alternative 8 will result in a CDCA Plan amendment that addresses MUCs; establishes
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VRM classes; updates ACECs; establishes recreation area management zones; 

designates exclusion or avoidance areas for camping and land use authorizations; 

adjusts land tenure; designates all BLM-administered lands within the Planning Area as 

open, closed, or limited to OHV use; and maintains the NECO and WECO decisions in 

the Planning Area. Alternative 8 allows the most acres available for OHV recreation of all 

alternatives except for No Action Alternative. Along with Alternatives 3 and 5, Alternative 

8 closes the most acres to Peirson’s milk-vetch critical habitat, thus providing maximum 

protection for critical habitat while also having the least impact (along with the No Action) 

to OHV recreation use. Alternative 8 excludes the most acres from wind and solar 

development of all alternatives, thus having the least impact to all resources and OHV 

recreation use from utility scale energy developments when compared with other 

alternatives. Other than Alternatives 5 and 6, this alternative has the least acres of 

geothermal development with surface occupancy of the alternatives.

1.4 Environmentally Preferred Alternative

Federal environmental quality regulations (40 CFR 1505.2 (b)) require that an agency 

identify the environmentally preferable alternative or alternatives in the ROD. Alternative 

3 is the environmentally preferable alternative. 

The BLM has selected Alternative 8, however, as the Preferred Alternative for the RAMP

due to the purpose and need for the plan. Under purpose and need, the RAMP is 

designed to manage and provide a variety of sustainable OHV and other recreational 

activities (Section 1.2 page 1-3) with one of the purposes of the Plan revision being to 

manage a "world class recreational experience" and a "diverse range of recreation within 

the Planning Area" (Section 1.2.2 page 1-4). This has led BLM to select Alternative 8 as 

the RAMP/CDCA Plan Amendment, since it also includes measures to protect, maintain,

and improve the conditions of the special status species and other unique natural and 

cultural features of the Planning Area. Alternative 8 will provide for management of each 

resource and resource use by establishing a balance between authorized resource use 

and the protection and long-term sustainability of sensitive resources. It allows visitation 

and development within the Planning Area, while ensuring that resource protection is not 

compromised, in accordance with the principles of multiple use and sustained yield as 

mandated by FLPMA.

1.5 Management Considerations

The RAMP/CDCA Plan Amendment was designed and selected based on input from 

other federal agencies, state and local governments, interested groups, Indian tribes, 

neighboring land owners, and interested citizens. The BLM considers the RAMP as the 

best approach to meet the purpose and need of the project, address the planning issues, 

and provide the optimal balance in managing resources and uses of the lands in the 

Planning Area. Factors considered during this process included: environmental impacts; 
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issues raised throughout the planning process; specific environmental values, resources, 

and resource uses; conflict resolution; public input; and laws and regulations.

The BLM is tasked with the job of multiple use management and the sustained yield of 

renewable resources. These tasks are mandated under FLPMA and numerous other 

laws and regulations that govern the management of public lands for various purposes 

and values. Key laws and Executive Orders are listed in Appendix C.

The BLM’s purpose and need for the RAMP/CDCA Plan Amendment was to manage 

and provide a variety of sustainable OHV and other recreational activities and to 

maintain or improve conditions of the special status species and other unique natural, 

biological, and cultural resources, while creating an environment to promote the health 

and safety of visitors, employees, and nearby residents. The Proposed RAMP/CDCA 

Plan Amendment and Final EIS provided a detailed explanation of the purpose and need 

in Section 1.2.

Alternative 8 addresses the diverse needs and concerns of the community and 

stakeholders in a fair manner and provides a practical and workable framework for 

management of BLM-administered public lands. The RAMP/CDCA Plan Amendment 

provides a balance between those reasonable measures necessary to protect the 

existing resource values and the continued public need for use of the BLM-administered 

public lands within the Planning Area.

The RAMP proposes management that will improve and sustain properly functioning 

resource conditions while considering needs and demands for existing or potential 

resource commodities and values. BLM manages resource use by integrating ecological, 

economic, and social principles in a manner that safeguards the long-term sustainability, 

diversity, and productivity of the land. Additional key concerns are addressed below.

The RAMP responds to issues related to visitation and development, specifically related 

to motorized camping and OHV recreation within the Planning Area, while ensuring that 

resource protection is not compromised in accordance with the principles of multiple use 

and sustained yield as mandated by FLPMA. The RAMP achieves this end by 

designating 127,416 acres as open to OHV recreation and closing Peirson’s milk-vetch 

critical habitat to motorized recreation. Visitors who value non-motorized areas for 

hiking, bird watching, and solitude are accommodated by areas that are closed to 

motorized travel, which comprise 35,144 acres, including the North Algodones Dunes 

Wilderness. The RAMP specifies conditions for lands and realty-permitted activities, 

particularly solar and wind leases, as well as geothermal energy development. The 

RAMP excludes Peirson’s milk-vetch critical habitat, the flat-tailed horned lizard 

(Phrynosoma mcallii) management area, donated lands, wilderness, and ACECs from 

solar and wind energy development. Peirson’s milk-vetch critical habitat is also excluded 

from all other types of land use authorization. Within the Planning Area, 35,115 acres 

would be available for rights-of-way for solar and wind energy development, geothermal 
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leasing would be available on 35,115 acres, and an additional 14,025 acres would be 

available for geothermal leasing with a no surface occupancy stipulation. Concerns 

about specific resource values are addressed throughout the RAMP. 

1.6 Mitigation and Monitoring

Approved management measures to mitigate adverse impacts of the RAMP were 

presented in the Final EIS. All practicable means to avoid or minimize environmental 

harm have been adopted.

The RAMP/CDCA Plan Amendment includes a comprehensive monitoring program 

(Appendix D) to ensure that implementation of the RAMP achieves the plan’s goals and 

objectives. The monitoring actions include monitoring for species’ population levels and 

ecosystem health or other purposes as noted below:

• Colorado Desert fringe-toed lizard (Uma notata)

• Flat-tailed horned lizard sighting recordation

• Peirson’s milk-vetch 

• Algodones Dunes sunflower (Helianthus niveus var. tephrodes), Wiggins’ croton

(Croton wigginsii), and other special status species 

• Invertebrates

• Mojave population of desert tortoise (Gopherus agassizii)

• Wildlife guzzlers to assess function of the guzzler and wildlife use

• Microphyll woodlands (for presence of migratory birds)

• Effectiveness of tamarisk (Tamarix spp.) and other invasive species removal 

• Wilderness for wilderness characteristics and illegal OHV use

• Effectiveness of law enforcement patrols for resource protection

• Vehicle counters for visitor use patterns

• Campgrounds and dispersed camping areas for visitor use patterns

• Cultural resources for visitor use and vandalism

• Peirson’s milk-vetch critical habitat closure boundary for effectiveness and resource 

protection

• Rainfall amounts for effects on special status species

Information on resource conditions obtained through monitoring will be used to assess 

the effectiveness of management strategies and evaluate whether or not management 

should be adapted to accommodate new information, changes in demands on 

resources, or other considerations.
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1.7 Public Involvement

The CEQ Regulations (40 CFR 1500.2(d)) and BLM planning regulations (43 CFR 1610) 

require that the BLM use an open process to involve the public in land use planning 

decisions and the NEPA process. Extensive efforts have been made to make the public 

aware of the planning process and of opportunities for involvement in that process.

1.7.1 Scoping 

The scoping process is intended to identify issues and concerns from the public, other 

agencies, and organizations to frame the scope of the RAMP/CDCA Plan 

Amendment/EIS. Formal scoping began with the publication of a Notice of Intent in the 

Federal Register on March 18, 2008 and closed on May 20, 2008.The BLM hosted 

public scoping meetings in San Diego, California; Phoenix, Arizona; and El Centro, 

California, on April 22, 23, and 24, 2008, respectively. 

The BLM contacted local, state, and federal agencies, including the USFWS, California 

Department of Fish and Wildlife, Bureau of Reclamation, Imperial County, California 

State Historic Preservation Officer (SHPO), Department of Homeland Security, and the 

Imperial Irrigation District during the scoping phase of this EIS. The U.S. Border Patrol El 

Centro Sector and Imperial County Planning Department requested cooperating agency 

status for the RAMP/CDCA Plan Amendment/EIS effort. BLM also contacted nine tribal 

entities to initiate government-to-government consultation and solicit information about 

issues of concern for the RAMP. The BLM maintained contact with all interested tribes 

throughout the planning process.

1.7.2 Public Review of the Draft RAMP/CDCA Plan 

Amendment and Draft EIS

The formal comment period for the Draft RAMP/Draft EIS began with publication of a 

Notice of Availability in the Federal Register on March 26, 2010, and ended on August 9, 

2010. The BLM held three public comment meetings in April 2010—one in San Diego,

California, one in El Centro, California, and one in Phoenix, Arizona. BLM received 4,046 

comment letters on the Draft RAMP/CDCA Plan Amendment and Draft EIS.

1.7.3 Protest Review and Resolution

A Notice of Availability was published September 14, 2012 to announce the availability 

of this Proposed RAMP/Proposed CDCA Plan Amendment and Final EIS, which initiated 

the 30-day protest period. The BLM received three protest letters during the public 

protest period. The BLM Director’s decisions on the protests are summarized in the 

Director’s Protest Resolution Report, Imperial Sand Dunes Recreation Area 

Management Plan and California Desert Conservation Area Plan Amendment. The 
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protests are summarized below. The following Planning Area stakeholders submitted 

protests:

• EcoLogic Partners (representing American Sand Association)

• Center for Biological Diversity (also representing the Sierra Club, Public Employees 

for Environmental Responsibility, Desert Survivors, California Native Plant Society, 

and Desert Protective Council)

• County Sanitation Districts of Los Angeles County

The protest letters included comments on law and regulations; natural resources; lands 

with wilderness characteristics; special status species management; and travel 

management and wilderness characteristics management. Protesting parties made the 

following observations and suggestions:

• Issue 1 (Inadequate NEPA): The analysis within the RAMP/Final EIS was flawed,

because there was no analysis for closing or removing Patton Valley Road in the 

RAMP; it failed to take into account the National Natural Landmark designation of the 

Imperial Sand Hills; it did not provide present baseline data for tortoise, Arizona 

Bell’s vireo (Vireo bellii var. arizonae), burrowing owl (Athene cunicularia), Gila 

woodpecker (Melanerpes uropygialis), and LeConte’s thrasher (Toxostoma lecontei)

populations; it failed to analyze a carrying capacity limit for the number of visitors to 

the Algodones Dunes; and it failed to consider whether all or an additional portion of 

the Algodones Dunes should be designated as an ACEC. 

• Issue 2 (FLPMA): The RAMP was not consistent with FLPMA, because it did not 

include adequate inventory and monitoring data pertaining to certain species of 

special management concern.

• Issue 3 (Soils): The RAMP did not comply with Executive Orders 11644 and 11989, 

or the regulations within 43 CFR 8342.1, which require the BLM to only allow OHV

use on public’s lands when certain criteria (minimization requirements) are met.

• Issue 4 (VRM): The proposed alternative failed to show how the BLM would protect 

VRM Class I areas in the North Algodones Dunes Wilderness.

• Issue 5 (Wilderness Characteristics): The proposed alternative did not comply with 

Secretarial Order 3310 regarding lands with wilderness characteristics.

• Issue 6 (CDCA): The RAMP is not consistent with the CDCA Plan.

• Issue 7 (Climate Change): The RAMP/Final EIS was inadequate and inaccurate 

with respect to the analysis of greenhouse gas contributions by not considering any 

mitigation measures or adaptive management measures to reduce or offset 
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greenhouse gas emissions. As a result, the agency failed to comply with Secretarial 

Order 3226 on global climate change.

• Issue 8 (Editorial Changes): The RAMP/Final EIS erred in suggesting that the 

Mesquite Regional Landfill will not comply with the biological opinion for the landfill 

and that truck traffic associated with the Mesquite Regional Landfill would interfere

with recreational use of the Imperial Sand Dunes.

• Issue 9 (Vegetation): The BLM did not adequately address impacts to the Peirson’s 

milk-vetch and failed to recognize the Algodones Dunes and most of the ISD 

Recreation Area as an Unusual Plant Assemblage. 

• Issue 10 (Air Quality): The RAMP was not in conformance with the Clean Air Act 

because it would allow increased OHV use, which would significantly contribute 

ozone and PM10 1 to the air basin. The Final EIS was also flawed because it did not 

adequately analyze impacts from PM10 and PM2.5 2 emissions.

These and other issues were discussed in the three protest letters. The BLM Division of 

Decision Support, Planning, and NEPA in Washington, D.C., addressed all protests 

without making significant changes to the Proposed RAMP, although minor adjustments, 

corrections, and clarifications were made and have been explained in this ROD. In 

accordance with BLM regulations 43 CFR 1610.5-2, the decision of the BLM Director is 

the final decision of the Department of the Interior as to those protests.

1.8 Consultation and Coordination 

1.8.1 Endangered Species Act Consultation 

As a part of this planning effort, BLM initiated consultation with the USFWS under 

Section 7 of the Endangered Species Act (16 USC 1532 et seq.; Interagency 

Consultation). The BLM initiated consultation in 2010 with the submission of a Biological 

Assessment to determine the effect of the Proposed RAMP/CDCA Plan Amendment on 

all relevant listed, proposed, and candidate species, and associated critical habitat. The 

Biological Assessment identifies all expected environmental effects, conservation 

actions, mitigation, and monitoring including analysis of all direct and indirect effects of 

plan decisions and any interrelated and interdependent actions. On November 2, 2012, 

the USFWS issued a biological opinion on the plan as a result of the consultation 

process (see Appendix A). Through the biological opinion, the USFWS determined that 

implementation of the RAMP is not likely to jeopardize the continued existence of 

Peirson’s milk-vetch or the Mojave population of the desert tortoise, nor is it likely to 

 

1Particulate matter with a diameter of less than 10 microns.

2Particulate matter with a diameter of less than 2.5 microns.
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destroy or adversely modify critical habitat for the Peirson’s milk-vetch. The biological 

opinion also includes a reasonable and prudent measure that is intended to supplement 

the measures implemented by BLM to minimize or avoid possible adverse impacts on 

listed species or their critical habitat. The reasonable and prudent measure is as follows:

The BLM shall monitor and report the levels of incidental take of desert tortoises to 

the Palm Springs Fish and Wildlife Office throughout implementation of the RAMP 

and report on the effectiveness of the project minimization measures to reduce the 

impact of incidental take of this species.

To be exempt from the prohibitions of Section 9 of the Endangered Species Act, BLM 

must comply with the following term and condition, which implements the reasonable 

and prudent measure described above. This term and condition is nondiscretionary and 

designed to minimize the impact of incidental taking of the species. To implement the 

reasonable and prudent measure above:

The BLM shall prepare and provide the Palm Springs Fish and Wildlife Office an 

annual report by September 30 of each year on implementation of the RAMP. The 

annual report shall document, but not be limited to, the following:

• The number of eggs, juveniles, sub-adults, or adult tortoise found by members 

of the public or by BLM employees during the reporting year, the date 

observed, their status when observed (e.g., traveling east, in a burrow, injured 

or dead on road), and a map and Geographic Information System (GIS) 

coordinates (North American Datum 83) indicating their location when 

observed

• The number of tortoises killed or injured during the reporting year and a 

description of the circumstances leading to the death or injury of individuals

The biological opinion also includes conservation recommendations, which are 

discretionary agency activities to minimize or avoid adverse effects of a proposed action 

on listed species or critical habitat, to help implement recovery plans, or to develop 

information. The biological opinion identifies the following conservation 

recommendation: Establish a research coordinator position to oversee the overall 

monitoring and adaptive management program for the ISD.

1.8.2 Consultation with the State Historic Preservation 

Officer

The BLM initiated formal consultation with the California SHPO by letter in November,

2008. This consultation is in accordance with the Programmatic Agreement among the 

BLM, the Advisory Council on Historic Preservation, and the National Conference of 

SHPOs regarding the manner in which the BLM will meet its responsibilities under the 
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National Historic Preservation Act (1997; 16 USC 470 et seq.) and the State Protocol 

Agreement among the California State Director of the Bureau of Land Management and 

the California SHPO (State Protocol Agreement; Revised 2012). The BLM followed up 

with letters to the SHPO on June 15, 2010, and October 4, 2012, providing updates on 

the status of the NEPA and Section 106 processes, and an invitation to review the Draft 

RAMP/Draft EIS and Proposed RAMP/CDCA Plan Amendment and Final EIS, 

respectively. In a letter dated February 6, 2013, the BLM requested the SHPO’s 

concurrence on the BLM’s findings of no adverse effect to historic properties. The SHPO 

responded via letter dated May 15, 2013 requesting clarification on certain issues and 

additional information to be provided. Pursuant to the State Protocol Agreement, the 

BLM considered the views and comments of the SHPO and subsequently provided a 

written response. In a letter to the BLM dated May 30, 2013, the SHPO stated its 

concurrence with the BLM's findings of no adverse effect to historic properties and had

no comments or concerns. Consultation has been concluded for this planning effort.

1.8.3 Tribal Consultation 

The BLM made numerous formal and informal contacts with Indian tribes and other tribal 

entities in accordance with Executive Orders regarding government-to-government 

relations with Native Americans. Executive Orders include:

• Executive Order 11593 Protection and Enhancement of Cultural Environment (1971)

• Executive Order 13007 Indian Sacred Sites (1996)

• Executive Order 13175 Consultation and Coordination with Indian Tribal 

Governments (2000)

• Executive Order 13287 Preserve America (2003)

The Native American Heritage Commission was notified by letter in August, 2008, of the 

BLM’s intent to initiate government-to-government consultation with Indian tribes on the 

ISD RAMP. The BLM invited tribes to consult on revisions to the RAMP in a November, 

2008, letter. A letter was sent to the chairman of each band or tribe with potential cultural 

ties to the Planning Area or who had expressed an interest in the Planning Area. Letters 

were also sent to council members, staff, and individuals who might have an interest in

or special knowledge of the Planning Area. Each letter detailed the need for a new plan, 

described the Planning Area, and requested comments on any and all issues that may 

have been of concern to the tribe, including religious or cultural values that may be 

affected by planning decisions.

The BLM followed up with a letter in March, 2010, inviting tribes to participate in 

government-to-government consultation; providing notification of the release of the draft 

EIS; and inviting tribal participation in three separate open houses in Phoenix, El Centro, 

and San Diego. A government-to-government consultation meeting between the BLM 
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and the Quechan Tribal Council was held in April, 2012, and included discussions 

regarding the development of the final EIS and the proposed revised RAMP.

Indian tribes and interested tribal entities will continue to be consulted, and consultation 

will continue through site-specific implementation of the RAMP. Native American tribal 

governments and organizations contacted are listed in the RAMP and Final EIS.

1.8.4 Environmental Protection Agency Review

Both the draft and final RAMP EISs were provided to the Environmental Protection 

Agency for review, as required by Section 309 of the Clean Air Act (42 USC 7401 et 

seq.). The BLM received the Environmental Protection Agency review of the Draft EIS 

and the Final EIS on October 15, 2012.

1.8.5 Other Coordination and Consultation

A number of agencies and interests, including local, state, and federal entities, have 

been involved with developing this plan. BLM coordinated with any agency that 

expressed an interest in the plan.

Cooperating agencies were formally invited to participate in developing the alternatives 

and to provide existing data on their responsibilities, goals, and mandates. Cooperating 

agencies were also invited to work with the BLM interdisciplinary team in developing the 

alternatives. Cooperating agencies included Imperial County and U.S. Border Patrol

(Yuma and El Centro sectors).

1.8.6 State of California – Plan Amendment 

Consistency Review and Determination

In accordance with BLM planning regulations, 43 CFR 1610.3-2, BLM must identify any 

known inconsistencies with state or local plans, policies, or programs. BLM must also 

provide the Governor up to 60 days in which to identify any inconsistencies and submit 

recommendations. The State received a formal request for review of the Final EIS on 

September 14, 2012. The State completed its review on October 12, 2012. No known 

inconsistencies have been identified, either by the BLM or the Governor, for the RAMP 

or Plan Amendment decisions.

1.9 Modifications and Clarifications

Minor adjustments, corrections, and clarifications have been made and explained in this 

ROD.

As part of their protest, the County Sanitation Districts of Los Angeles County (Districts) 

requested that clarification to inaccurate statements about the Mesquite Regional 
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Landfill be made. While the landfill is not in the Planning Area, it is adjacent and was 

considered during analysis of cumulative impacts due to the truck traffic to and from the 

landfill, which does affect the Planning Area. The following are corrections requested (in 

italics) and the BLM’s responses:

• The Final EIS implies that operations at the landfill will not comply with the Biological 

Opinion for the landfill by allowing the waste to provide a “year round food source for 

ravens.” As described in the landfill operating documents, the District will operate the 

landfill in compliance with all applicable requirements. 

The BLM acknowledges that the Districts intend to comply with the biological opinion, 

and does not assume that the Districts will not do so.

• The Final EIS also contains several statements which appear to conclude that truck 

traffic associated with the Mesquite Regional Landfill will impact recreational use of 

the dunes. These statements are inconsistent with the environmental analysis and 

mitigation measures contained in the Final Environmental Impact Statement and 

Environmental Impact Report for the proposed Mesquite Regional Landfill (SC No 

92050124, BLM No CA-060-02-5440-10-8026, June 1995), the Final Mesquite 

Regional Landfill [Conditional Use Permit] Amendments Subsequent Environmental 

Impact Report (SCH No. 20007071096, September 2010) and the Findings of Fact 

and Statement of Overriding Considerations for the Final Subsequent Environmental 

Impact Report on Mesquite Regional Landfill Conditional Use Permit Amendments 

(Conditional Use Permit #06-003). These documents include the mitigation measure 

that refuse truck traffic to and from the landfill will be re-routed on heavy recreational 

use days. Among the examples of an erroneous conclusion in the Final EIS 

regarding this issue are:

a. Final EIS Section 4.11.6.1.1, Cumulative Impacts on Visual Resources is 

inconsistent with the Final Subsequent Environmental Impact Report for the 

landfill which found that Cumulative Impacts on Transportation/Circulation would 

be mitigated below a level of significance and impacts to visual/aesthetics would 

not be significant;

b. Final EIS Section 4.15.5.1, Cumulative Impacts to Transportation and Public 

Access is inconsistent with the Final Subsequent Environmental Impact Report 

for the landfill which found that Cumulative Impacts on Transportation/ Circulation 

would be mitigated below a level of significance.

The BLM acknowledges the mitigation measure of re-routing truck traffic on heavy 

recreation use days. The BLM will work with the Districts and the Operations Manager of 

the Mesquite Landfill to coordinate truck traffic at the landfill to minimize impacts to 

recreation users at the ISD SRMA.
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1.9.1 Errata

The purpose of these errata is to correct factual inaccuracies or typographical errors in 

the ISD Proposed RAMP/Proposed CDCA Plan Amendment and Final EIS. The ROD

will govern in the event of any factual discrepancies between it and the Proposed RAMP 

and Final EIS. To the extent that the clarifications below affect the plan description, the 

ROD incorporates these clarifications. 

1.9.1.1 Multiple Use Classes

The Proposed RAMP contained a discrepancy regarding the alternatives for MUCs. 

Chapter 2, Section 2.3.1.2—Management Actions Common to All Alternatives 

erroneously stated that the existing MUCs would be carried forward in Alternatives 1 and 

2, and amended in Alternatives 3 through 8. The intent of the BLM was that the existing 

MUCs would be common to, and be carried forward for, all alternatives, as depicted on 

Map 2-1 of the Proposed RAMP. 

1.9.1.2 Vegetative Use Authorization

Section 2.3.6.4—Vegetative Use Authorization includes a discrepancy regarding 

Allowable Use Not Requiring Permits. Under Section 2.3.6.4.2—Management Actions 

Common to All Alternatives, the statement that collection of dead and downed wood 

from microphyll woodlands or ACECs for use in campfires on public lands is an 

allowable use not requiring a permit is an error (page 2-37). The intent of the BLM for 

Alternative 8 and the RAMP is to prohibit collection of dead and downed wood within the 

ISD SRMA, including the microphyll woodlands as correctly depicted in Table 2-1—

Summary of Management Actions and Allocations by Alternative (page 2-6) and Table 2-

5—Management Actions for Vegetative Use Authorization by Alternative (page 2-38). 

1.9.1.3 Special Status Species Management

Section 2.3.8.1.3—Management Actions by Alternative, Table 2-7, presents the 

management actions for special status species that vary by alternative (page 2-49). 

Alternative 8, the preferred alternative for the Proposed Plan includes “Allow camping 

within some areas within BLM sensitive species habitat, except microphyll woodlands 

south of Wash 33 and north of Wash 70.” 

In sections of Chapter 4—Environmental Consequences, several paragraphs incorrectly 

list this camping closure as south of Wash 44 or Wash 30, and north of Wash 70. 

Section 4.5—Impacts on Vegetation Resources, subsection 4.5.2, paragraph 10, page 

4-45, reads “Under Alternative 8, the microphyll woodlands would be open to OHV 

recreation but camping (of all types) would be prohibited within the microphyll woodlands 

south of Wash 44 and north of Wash 70.” This is incorrect and should read “Under 

Alternative 8, the microphyll woodlands would be open to OHV recreation but camping 
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(of all types) would be prohibited within the microphyll woodlands south of Wash 33 and 

north of Wash 70.” Section 4.14—Impacts on Recreation Program, subsection 4.14.1, 

paragraph 2, page 4-116, reads “Under Alternative 8, campgrounds south of Wash 30 

and north of Wash 70 would be closed to camping but open to OHV use.” This statement 

is repeated in Section 4.14.5.3, paragraph 3, page 4-118; Section 4.15.1, paragraph 8, 

page 4-121; and Section 4.15.5.3, paragraph 2, page 4-123. These are all incorrect and 

should all read “Under Alternative 8, campgrounds south of Wash 33 and north of Wash 

70 would be closed to camping but open to OHV use.”

1.9.1.4 OHV Management Area Designations

The Proposed RAMP/CDCA Plan Amendment and Final EIS proposes to designate all 

BLM-administered public lands within the Planning Area as open, limited, or closed to 

motorized use. The second paragraph of Section 2.3.16.1, page 2-94 states that “The 

preferred alternative designates all critical habitat for Peirson’s milk-vetch as closed to 

OHV use.” This is consistent with Section 2.3.8.2—Federally Listed Species and 

Designated Critical Habitat, Table 2-8—Management Actions for Peirson’s milk-vetch by 

Alternative, Alternative 8, on page 2-51. 

Map 2-26, OHV Management Areas Alternative 8, depicts polygons labeled “Closed to 

OHV Use.” The largest of these polygons, in the southern portion of the map, appears to 

be divided by a heavy green line, which could be interpreted as an open OHV travel 

corridor. This is a mapping error caused by joining two polygons to create one. It is not 

the intent of BLM to create a travel corridor through Peirson’s milk-vetch critical habitat 

under Alternative 8 and the Proposed Plan. The correct polygon is shown on Map 3-2,

Peirson’s milk-vetch Critical Habitat. The incorrect polygon shown on Map 2-26 will be 

replaced with the correct polygon shown on Map 3-2 to emphasize BLM’s proposed 

management action of closing all Peirson’s milk-vetch critical habitat to OHV use, with 

no travel corridors through critical habitat.

1.10 Appeal Procedures

Any party adversely affected by the proposed implementation decisions, as identified in 

Section 1.1.1 above, has the right to appeal to the Authorized Officer of the El Centro 

Field Office and to the Office of Hearings and Appeals, Office of the Secretary, U.S. 

Department of the Interior, Board of Land Appeals. In order for your appeal to be 

considered complete, it must be in accordance with the regulations contained in 43 CFR 

Part 4 and U.S. Department of the Interior Form 1842-1. If an appeal is taken, your 

notice of appeal must be filed in the BLM El Centro Field Office (1661 South 4th Street, 

El Centro, CA 92243) within 30 days of publication of the Notice of Availability of the 

ROD in the Federal Register. The appellant has the burden of showing that the decision 

appealed is in error.
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2.0 Recreation Area Management Plan

2.1 Purpose of and Need for Action

This RAMP updates the 1987 ISD RAMP and amends the CDCA Plan. The RAMP has 

been designed to manage and provide a variety of sustainable OHV and other 

recreational activities, and to maintain or improve the conditions of the special status 

species and other unique natural, biological, and cultural resources while creating an 

environment to promote the health and safety of visitors, employees, and nearby 

residents. 

2.1.1 Need

Since the 1987 RAMP, Peirson’s milk-vetch has been listed as threatened under the 

Endangered Species Act, and critical habitat has been designated by the USFWS. 

Extensive biological surveys for numerous other species have been completed, and 

cultural resource surveys and ethnographic studies have been completed. The California 

Desert Protection Act established the North Algodones Dunes Wilderness in 1994. 

Continued population growth in the urban and non-urban areas and shifting 

demographic patterns in southern California and Arizona have increased the demand for 

outdoor recreation within the Planning Area and nearby areas. Management challenges 

continue, with the BLM striving to encourage appropriate recreational use and 

discourage inappropriate use while respecting the freedom of visitors to enjoy recreation 

within the Planning Area.

Within southern California, the demand for renewable energy is increasing. This 

increase has created a need to determine which BLM-managed land in the Planning 

Area, if any, should be made available for solar, wind, and geothermal development.

2.1.2 Purpose

The BLM sought to provide a comprehensive management plan to address management 

of the Planning Area. The BLM’s purpose in rewriting the RAMP was to use new 

information to better manage the Planning Area for the recovery and delisting of the 

Peirson’s milk-vetch and Mojave population of the desert tortoise, provide protection to 

other special status species, prevent additional listings, and manage resources while 

providing a world-class recreational experience. Whether that recreational experience 

means traversing a sand dune on an OHV, watching migratory birds gather in the 

microphyll woodlands, or camping under the stars in the North Algodones Dunes 

Wilderness, the BLM must manage for a diverse range of recreation within the Planning 

Area.
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The BLM’s purpose in amending the CDCA Plan is to support implementation of the 

RAMP. The CDCA Plan Amendment includes management of lands with wilderness 

characteristics, designation of avoidance and exclusion areas for land use 

authorizations, adjustments in land tenure, and adherence to the designation and 

minimization criteria for OHV areas and trails found in 43 CFR 8342.1-3. It also 

establishes VRM classes.

2.1.3 Overall Vision

The vision of the BLM in constructing this RAMP/CDCA Plan Amendment is to manage 

BLM-administered lands comprehensively to accomplish needs for all resource uses 

while acting as stewards of the land and its valuable resources. The BLM will strive 

continue to provide a world-class recreational experience while aiding in the recovery of 

listed species. The BLM sustains the health, diversity, and productivity of public lands for 

use and enjoyment of present and future generations. The BLM considered the public’s 

needs in the management programs of resources presented in this RAMP/CDCA Plan 

Amendment.

2.2 Planning Issues

The BLM Land Use Planning Handbook defines planning issues as “disputes or 

controversies about existing and potential land and resource allocations, levels of 

resource use, production, and related management practices” (BLM 2005a). Issues 

identified during scoping for the RAMP/CDCA Plan Amendment and EIS process 

comprised two categories:

• Issues within the scope of the planning process that are used to develop alternatives 

or are otherwise addressed in the RAMP/CDCA Plan Amendment and EIS

• Issues outside the scope of the planning process or that could require policy, 

regulatory, or administrative actions that cannot be addressed through the land use 

planning process

Those planning and implementation issues determined to be within the scope of the 

planning process were used to develop the alternatives or were addressed in other parts 

of the RAMP and EIS. The key issues identified in the scoping report were:

• Identification of areas that are open and closed to OHV recreation

• Need for an Adaptive Management Area

• Need for administrative closures to protect biological resources 

• Identification of allowable uses within the Planning Area
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• Identification of how BLM intends to carry out resource protection (e.g., microphyll 

woodlands, invertebrates, plants, and cultural resources)

Two issues identified in the scoping report but determined to be outside the scope of this 

planning process were concerns about the commercial vending program and the 

recreation fee program. The commercial vending and recreation fee programs are 

managed under 43 CFR 2930—Permits for Recreation on Public Lands. The recreation 

fee program is also managed under the Federal Lands Recreation Enhancement Act 

with the Recreation Resource Advisory Committee as the advisory entity. The 

RAMP/CDCA Plan Amendment did not address these issues.

2.3 Planning Criteria

Planning criteria are the standards, rules, and guidelines that help guide the planning 

process. These criteria influence all aspects of the planning process including inventory 

and data collection, development of issues to be addressed, formulation of alternatives, 

analyses of impacts, and selection of the Preferred Alternative. In conjunction with the 

planning issues, these criteria help focus the planning process and promote the 

incorporation of appropriate analyses. Planning criteria are developed from appropriate 

laws, regulations, and policies, as well as public input during the scoping period. The 

criteria also help guide the final plan selection and are used as a basis for evaluating the 

responsiveness of the planning options. Additional planning criteria can be added at any 

point in the planning process.

The following planning criteria were used during the planning process:

• The planning process was completed in compliance with the FLPMA, NEPA, and all 

other relevant federal laws, Executive Orders, and management policies of the BLM.

• The planning process included an EIS that complied with NEPA standards.

• The planning process set forth a framework for managing recreational activities in 

order to maintain existing natural landscapes and critical habitat for the threatened 

Peirson’s milk-vetch, and provided for the enjoyment and safety of the visiting public.

• Where existing planning decisions are still administratively valid, those decisions 

remained unchanged and were incorporated into the RAMP.

• The planning process recognized valid existing rights.

• Native American tribal consultations were conducted in accordance with policy, and 

tribal concerns were given due consideration. The planning process included the 

consideration of impacts on Indian trust assets.
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• Consultation with the SHPO was conducted throughout the planning process.

• Consultation with USFWS was conducted throughout the planning process.

2.4 Planning Process

The BLM uses an ongoing planning process to maintain consistency and compliance of 

land use plans and implementation decisions with applicable laws, regulations, and 

policies. The BLM develops land use management plans and makes decisions using the 

best information available and extensive public involvement. 

While the ultimate responsibility regarding land use plan decisions rests with the BLM on 

BLM-administered lands, the BLM works with individuals, communities, and 

governments in collaborative partnerships to improve its stewardship of public lands. 

The BLM works with tribal, state, and local governments; state and federal agencies; 

and other interested parties from the earliest stages and throughout the planning 

process to consider common needs and goals within the Planning Area. At the same 

time, the BLM considers existing plans of tribal, state, and local governments, and other 

federal agencies. Several scoping workshops were held to solicit input from the public on 

the issues and planning criteria for the RAMP/CDCA Plan Amendment. Public agencies 

were invited to participate as cooperating agencies throughout the planning process and 

provided valuable information on resources and issues affecting lands under their 

jurisdiction within the Planning Area. 

Land use management plans, including RAMPs, may be revised or amended as the 

BLM acquires information and knowledge of new circumstances relevant to land and 

resource values, uses, and environmental concerns.

The specific steps in the development of this RAMP and CDCA Plan Amendment 

included:

1. Issuing a Notice of Intent to Prepare the RAMP and CDCA Plan Amendment

2. Conducting scoping (i.e., the public process to assist in the identification of 

planning issues)

3. Analyzing the management situation

4. Developing alternatives to address planning issues

5. Analyzing the effects of the alternatives

6. Identifying a Preferred Alternative

7. Publishing a Draft RAMP and Draft EIS

8. Providing a 90-day public comment period
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9. Publishing a Proposed RAMP/CDCA Plan Amendment and Final EIS

10. Providing a 30-day public protest period and a 60-day Governor’s consistency 

review, upon publication of the Proposed RAMP/CDCA Plan Amendment and Final 

EIS

11. Resolving any protests or issues raised through the Governor’s consistency review 

12. State Director’s approval of the RAMP/CDCA Plan Amendment through the ROD

13. After filing Notice with the Federal District Court for the Northern District of 

California indicating that the ROD and RAMP/CDCA Plan Amendment (and other 

relevant documents) have been issued; the Court has ordered a 90-day response 

period for plaintiffs and defendant intervenors to explain why the Court order 

should continue. If no response(s) are filed, the Court order will expire 90 days 

after the Notice is filed.

13. Implementing, monitoring, and evaluating plan decisions

The format and outline for the RAMP/CDCA Plan Amendment adheres to guidance 

provided in the BLM Land Use Planning Handbook (H-1601-1), the 43 CFR 1600 

planning regulations, 40 CFR 1500 regulations, NEPA, FLPMA, and all other applicable 

federal laws. 

2.4.1 Laws, Regulations, and Executive Orders

The BLM planning process is governed by the FLPMA of 1976 and the BLM Planning 

Regulations in 43 CFR Part 1600. Land use plans provide a framework for public lands 

to be managed in accordance with the intent of Congress as stated in FLPMA, under the 

principles of multiple use and sustained yield. 

In addition, public lands must be managed in a manner that recognizes the nation’s need 

for domestic sources of minerals, food, timber, and fiber. Land use plans are a primary 

mechanism for guiding BLM activities to achieve the agency’s mission and goals. The 

BLM Land Use Planning Handbook provides guidance for preparing land use plans, 

including specific guidance for each program and resource (BLM 2005a).

In addition to FLPMA, NEPA, and their associated regulations, BLM must comply with 

the mandate and intent of all federal laws (and any applicable regulations) and Executive 

Orders that apply to BLM-administered lands and resources in the Planning Area (see 

Appendix C). While many laws may appear to be in conflict with others, the planning 

process is intended to develop land use plan decisions that resolve such conflicts and 

meet the multiple-use and sustained-yield mandate of FLPMA. 

The BLM must also comply with the federal Endangered Species Act. This act provides 

for the conservation of ecosystems upon which threatened and endangered species of 

fish, wildlife, and plants depend. Section 7 of the Endangered Species Act requires 
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federal agencies to ensure that any action authorized, funded, or carried out by them is 

not likely to jeopardize the continued existence of listed species or modify their critical 

habitat.

2.4.2 Relationship to Policies, Plans, and Programs

Implementation of a revised management plan for public lands is subject to numerous 

laws and regulations, as well as a general requirement for consistency with pre-existing 

and applicable plans. The following sections summarize the most pertinent policies, 

plans, and programs that were considered during the planning processes for the 

Planning Area.

2.4.2.1 Federal Land Policy and Management Act

Pursuant to the FLPMA of 1976, 43 USC 1701 et seq., the BLM is directed to manage 

the public lands and their resources on the basis of multiple use and sustained yield 

principles. As required by FLPMA, public lands must be managed in a manner that: 

protects the quality of scientific, scenic, historical, ecological, environmental, air and 

atmospheric, water resource, and archaeological values; preserves and protects, where 

appropriate, certain public lands in their natural condition; provides food and habitat for 

fish, wildlife, and domestic animals; and provides for outdoor recreation and human 

occupancy and use. In addition, public land must be managed in a manner that 

recognizes the nation’s need for domestic sources of minerals, food, timber, and fiber 

from public land. Land use plans are a primary mechanism for guiding BLM activities to 

achieve the BLM’s mission and goals.

2.4.2.2 California Desert Conservation Area Plan 1980

The CDCA encompasses 25 million acres of land in southern California that were 

designated by Congress in 1976 through FLPMA. The BLM directly administers 

approximately 11 million acres of the CDCA. With the designation of the CDCA, 

Congress directed the BLM to prepare and implement a comprehensive long-range plan 

for the management, use, development, and protection of public lands within the CDCA. 

The CDCA Plan, as amended, is based on the concepts of multiple use, sustained yield, 

and maintenance of the environmental quality. The CDCA Plan provides overall regional 

guidance for management of the public lands in the CDCA and establishes long-term 

goals for protection and use of the California desert. The CDCA Plan established four 

MUC guidelines to address allowable uses and activities such as motorized-vehicle 

access and recreation, among other resource uses (CDCA Plan Chapter 2). For a 

detailed description of the MUCs in the Planning Area, see Section 2.8 below.

Since 1980, the CDCA Plan has been amended periodically to reflect changing 

conditions, including the acquisition of new knowledge relating to natural resources such 
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as inventories of public land resources, and to update management strategies. This 

RAMP amends certain parts of the CDCA Plan, as noted in Section 2.5.2 below.

2.4.2.3 California Desert Protection Act

The California Desert Protection Act (CDPA) of 1994 (Public Law 103–433) established 

the North Algodones Dunes Wilderness to be managed by BLM as a part of the National 

Wilderness Preservation System. Prior to passage of the California Desert Protection 

Act, the BLM studied both the North Algodones and South Algodones wilderness study 

areas for possible wilderness designation under Section 603 of FLPMA. No wilderness 

was designated for the South Algodones Dunes in the Act. Congress also indicated in 

the California Desert Protection Act that the South Algodones Dunes wilderness study 

area had been adequately studied for wilderness designation pursuant to Section 603 of 

FLPMA and would be released from wilderness study area status. As part of this 

planning process, however, the BLM evaluated an eventuality of lands not designated as 

wilderness containing wilderness characteristics and whether to manage these lands to 

protect wilderness characteristics present on the parcels.

2.4.2.4 ISD RAMP 1987

The Secretary of the Interior designated the Imperial Sand Hills Recreation Lands In 

1972. The BLM also prepared a recreation management plan for the area in 1972. 

Portions of this plan were implemented, including the establishment of the Algodones 

Natural Area north of State Route 78 and construction of 5.3 miles of the Sand Dunes 

Road (now called Gecko Road) south of State Route 78, Cahuilla Ranger Station, and 

Gecko campground facilities along Gecko Road. In 1977, plant surveys revealed the 

presence of a number of sensitive species in the central dunes along the proposed 

Gecko Road alignment. To protect habitat for sensitive plants, BLM decided not to 

extend the road beyond its terminus at the site of Roadrunner Campground. In 1987, an 

updated RAMP was adopted, which included management prescriptions for the 

following: recreation opportunities, safety/emergency services/visitor protection, 

resource protection, protection of wilderness suitability, public contact and interpretation, 

facility development, operations and maintenance, concessions and vendors, access 

easements and land acquisitions, and compatibility of land uses. The 1987 RAMP did 

not address federally listed species or habitat, since none were listed or designated at 

the time. 

2.4.2.5 Interim Closures 2001

In 2000, a group of environmental organizations filed suit against the BLM alleging that 

BLM was in violation of Section 7 of the Endangered Species Act by failing to enter into 

formal consultation with the USFWS on the effects of adoption of the CDCA Plan, as 

amended, upon threatened and endangered species. 
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Through a negotiated settlement, the BLM acknowledged that activities authorized or 

permitted under the CDCA Plan may adversely affect threatened and endangered 

species. The BLM acknowledged the requirement to consult with the USFWS as part of 

the process to adopt and implement the CDCA Plan so that it is not likely to jeopardize 

the continued existence of threatened or endangered species or result in the destruction 

or adverse modification of designated critical habitat of listed species. As a result of this 

acknowledgment, the BLM entered into a settlement agreement whereby it agreed to 

close certain portions of the Planning Area to OHV use while it developed an updated 

RAMP. The BLM agreed that those areas would not be reopened until the ROD for the 

RAMP was signed. In October 2001, the BLM issued a Federal Register notice closing 

portions of the Planning Area to OHV use pursuant to 43 CFR 8341.2(a). 

2.4.2.6 ISD RAMP 2003

The 1987 ISD RAMP was updated in 2003 to provide a guide for management activities 

and to establish management actions for the Planning Area. It was designed to provide a 

variety of sustainable OHV and other recreational activities, and to maintain or improve 

the conditions of the special status species and other unique natural and cultural 

resources while creating an environment to promote the health and safety of visitors, 

employees, and nearby residents. 

The ROD for the 2003 ISD RAMP was signed in March 2005. The ROD, the RAMP, its 

associated Final EIS, and supporting biological opinion were challenged in U.S. District 

Court. In a 2006 federal Court order, the Final EIS, ROD, and biological opinion for the 

Peirson’s milk-vetch were vacated and remanded to the agencies for further 

consideration. The Court also remanded the RAMP to the BLM for further consideration. 

In its order on Summary Judgment (CBD v. BLM, 422 F. Supp. 2d 1115, March 14, 

2006), the Court determined that the BLM was in violation of NEPA for its failure to 

consider the interim closure alternative as a full alternative and to take a hard look at 

endemic invertebrate species. 

The U.S. District Court further determined that the BLM’s approval of the RAMP based 

on an outdated invertebrate species inventory was arbitrary and capricious. The Court 

ordered the BLM to retain the negotiated closures. As a result of the Court’s direction 

and remand and vacature of the 2005 ROD and EIS, and the remand of the 2003 

RAMP, the BLM has managed the Planning Area using a compilation of authorizations, 

including the approved 1987 RAMP; the NECO and WECO CDCA Plan Amendments; 

and the CDPA of 1994 for the North Algodones Dunes Wilderness. As required by the 

Court order, the BLM has retained the interim closures. 

The 2006 Court order also vacated and remanded the previous USFWS critical habitat 

designation for the federally threatened Peirson’s milk-vetch. On February 14, 2008, the 

USFWS published a final rule revising critical habitat for the Peirson’s milk-vetch.
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2.4.2.7 Northern and Eastern Colorado Desert Coordinated 

Management Plan

The NECO is a landscape-scale multi-agency planning effort that protects and 

conserves natural resources while simultaneously balancing human uses of the 

California portion of the Sonoran Desert ecosystem (ROD signed in December 2002). 

The NECO amended the CDCA Plan to make it compatible with desert tortoise 

conservation and recovery.

The NECO area overlaps the ISD Planning Area in the eastern portion between the 

SRMA boundary and the Planning Area boundary. This RAMP maintains the NECO 

decisions in the overlap area. 

2.4.2.8 Western Colorado Desert Routes of Travel Designations

The WECO implementation plan and environmental assessment establish site-specific 

route designations that are based on and tiered to the CDCA Plan and EIS (BLM 

2003a). 

The WECO planning area covers approximately 475,000 acres and designated 

approximately 2,320 miles of open off-road vehicle routes in parts of Imperial County. 

The plan provides a balance between protecting resources and providing for OHV use 

by updating previous designations for off-road vehicle limited use areas in Imperial 

County.

The WECO planning area overlaps the ISD Planning Area. This RAMP maintains the 

WECO decisions in the overlap area.

2.4.2.9 Other Related Plans and Records of Decision

This RAMP incorporates the following BLM programmatic NEPA documents, including 

the RODs and environmental analyses:

• Record of Decision for the Vegetation Treatments Using Herbicides on Bureau of 

Land Management Lands in 17 Western States. Final Programmatic Environmental 

Impact Statement (BLM 2007)

• Wind Energy Development on BLM-administered Lands in the Western United 

States. Final Programmatic Environmental Impact Statement (BLM 2005b)

• Record of Decision and Resource Management Plan Amendments for Geothermal 

Leasing in the Western United States (BLM 2008a)
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• Record of Decision and Resource Management Plan Amendments for Designation of 

Energy Corridors on BLM-Administered Lands in the 11 Western States (BLM 

2008b)

• Record of Decision for Solar Energy Development in Six Southwestern States (2012)

• Lands made available for solar energy development will be managed as variance 

lands in accordance with the Approved Resource Management Plan 

Amendments/Record of Decision for Solar Energy Development in Six 

Southwestern States (BLM 2012).

To the extent consistent with the purposes, policies, and programs of federal laws and 

regulations applicable to public lands, the BLM will also coordinate land use planning 

and management of the public lands with state and local governments as well as other 

federal agencies. Relevant federal, state, and local plans include:

• Desert Tortoise Recovery Plan (USFWS 1994)

• Imperial County General Plan (1993)

• California State Off Highway Motor Vehicle Recreation Strategic Plan (2010)

• Desert Renewable Energy Conservation Plan

• In 2008, the Governor of California signed Executive Order S-14-08 to establish 

the Desert Renewable Energy Conservation Plan (DRECP) followed by a 

Memorandum of Understanding between the State of California and the 

Department of the Interior to implement the DRECP. The Department of the 

Interior and the State of California signed an updated Memorandum of 

Understanding on January 13, 2012. The purpose of the DRECP is to conserve 

and manage plant and wildlife communities in the desert regions of California 

while facilitating the timely permitting of compatible renewable energy projects. 

The DRECP is a collaborative effort being developed under the Federal 

Endangered Species Act, FLPMA, and the California Natural Community 

Conservation Planning Act. The California Energy Commission, California 

Department of Fish and Wildlife, the USFWS, and the BLM make up the 

Renewable Energy Action Team, which is responsible for preparing the DRECP. 

• The Imperial Sand Dunes SRMA and the surrounding public lands of the ISD 

RAMP Planning Area are within the boundary of the DRECP; however, the 

DRECP planning process has not been completed as of the date of this ROD.

The ROD for the DRECP will amend the CDCA Plan to adopt the renewable 

energy and conservation goals for the DRECP Planning Area. The DRECP ROD 

may include amendments to the one-mile-wide planning zone surrounding the 

SRMA to reflect the regional nature of the DRECP.
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• Current decisions on lands within the ISD RAMP Planning Area that relate to 

renewable energy development are discussed below in Sections 2.5.2, 2.6, and 

2.23.2.4. The decisions will remain in effect until the DRECP or other land use 

plan ROD amends them.

2.4.2.10 New Information

Since the 1987 RAMP was approved, many new studies and sources of information 

have been generated. While much of this information was considered in the 2003 

RAMP, some of it has been generated since then. The BLM considered this information 

in the development of alternatives, existing condition information, and in the analysis of 

impacts in the EIS.

The critical information that has changed since the 1987 ISD RAMP was approved 

includes:

• Designation of the North Algodones Dunes Wilderness

• Designation of listed species and critical habitat for species protected under the 

Endangered Species Act—specifically, designation of Peirson’s milk-vetch, a 

federally threatened plant, and its critical habitat and the Mojave population of the 

desert tortoise, a federally listed threatened animal found in the Planning Area 

• Changes in the social and economic conditions of Imperial County and areas 

adjacent to the Planning Area, as well as the entire state of California, since 1987. 

These changes led to increases in demand for use of the public lands for recreation 

and resource use as well as an increased awareness and social value placed on the 

cultural and natural resources in the Planning Area. 

• Dramatic changes in recreation on public lands over the past 25 years, both in levels 

of use and in the kinds of recreational activities. Much advancement has been made 

in recent years in the development of motorized vehicles that recreationists use in 

the Planning Area. The BLM visitor use statistics show that visitation steadily 

increased in years past, but is has begun to level off since about 2011.

• Revisions to BLM's guidance and policy related to land use planning, energy 

development, fire management, and other programs since the 1987 plan was 

approved. In 2008, the BLM published a new NEPA Handbook (H-1790-1) with 

updated guidance on EIS development. 

• Updated inventories of invertebrates, plant and animal (including bird) surveys, and 

cultural resource inventories.

The 1987 and 2003 RAMPs were both plan-level and implementation-level documents. 

These plans approved management of the Planning Area on a programmatic planning-
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and activity-specific basis. While plan-level decisions require no additional NEPA review 

once approval occurs, implementation-level decisions often require additional NEPA 

compliance. 

2.5 Decisions

2.5.1 What the Decision / RAMP Provides

Many land use planning decisions are implemented or become effective upon approval 

of the RAMP. According to the BLM Land Use Planning Handbook, land use planning 

decisions are broad-scale decisions, which guide future land management actions and 

subsequent site-specific implementation decisions. Land use planning decisions identify 

specific areas of public land or mineral resources where certain uses or management 

actions are allowed, are excluded, or may be restricted in order to achieve a desired 

future condition or to protect certain resource values. Land use planning decisions fall 

into two categories: desired future conditions (goals and objectives) and management 

actions (allowable uses) to achieve outcomes. 

2.5.1.1 Desired Future Conditions (Goals and Objectives) 

Desired future conditions provide overarching direction for BLM actions in meeting the 

agency’s legal, regulatory, policy, and strategic requirements. Goals and objectives 

initially were identified at the beginning of the planning process and refined through 

subsequent collaboration with cooperating agencies. Goals are broad statements of 

desired outcomes, but generally are not measurable. Objectives are more specific 

statements of a desired condition that may include a measurable component. Desired 

future conditions represent land or resource conditions that are expected to result if 

planning goals and objectives are fully achieved.

The CDCA Plan (1980, as amended) includes management direction for the ISD 

Planning Area. The goals and objectives presented in this RAMP/CDCA Plan 

Amendment are in addition to the CDCA Plan’s goals. Where applicable, the CDCA 

Plan’s management directions are referenced in this document.

2.5.1.2 Management Actions (Allowable Uses) 

Management actions are anticipated to achieve the desired future conditions. 

Management actions identify where land uses are allowed, restricted, or prohibited on all 

BLM-administered surface lands and federal mineral estate in a planning area. The 

RAMP includes specific land use restrictions to meet desired future conditions and may 

exclude certain land uses to protect resource values. Because the RAMP identifies 

whether particular land uses are allowed, restricted, or prohibited, management actions 

often include a spatial (e.g., map) component. Management actions that require 

additional site-specific project planning as funding becomes available will require further 
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environmental analysis. The BLM will continue to involve and collaborate with the public 

during implementation of this plan.

2.5.2 CDCA Plan Amendment Decision Summary

The following is a summary of the key decisions of the ISD RAMP in accordance with 

BLM’s planning regulations, 43 CFR 1601-1610. The following decisions of the ISD 

RAMP also amend the CDCA Plan:

• Approves Regional Public Land Health Standards and Guidelines. Land Health 

Standards and Guidelines have been selected for lands within the Planning Area. 

Following approval of this ROD, the State Director will submit the regional standards 

and guidelines for approval by the Secretary of Interior.

• Classifies microphyll woodlands as avoidance areas for all commercial and noncommercial surface-disturbing activities

• Closes Peirson’s milk-vetch critical habitat to OHV use and other motorized 

recreation

• Reduces the East Mesa ACEC from 6,454 acres to 5,799 acres

• Eliminates the North Algodones Dunes ACEC in order to remove redundant 

management prescriptions between this ACEC and the North Algodones Dunes 

Wilderness

• Establishes VRM classes as follows: 26,098 acres of Class I; 104,739 acres of Class 

II; 69,055 acres of Class III; and 15,039 acres of Class IV

• Excludes ACECs from solar and wind energy development

• Excludes Peirson’s milk-vetch critical habitat and the flat-tailed horned lizard 

management area from wind and solar energy development and from all other types 

of land use authorizations. Exclusion areas area areas which are not available for 

location of rights-of-way under any conditions.

• Excludes donated lands from wind and solar energy development.

• Makes 35,115 acres available for solar and wind energy development

• Prohibits mineral sales or free use permits within the ISD Special Recreation 

Management Area

• Excludes ISD SRMA and donated lands from geothermal minerals leasing
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• Classifies the one-mile-wide planning zone surrounding the SRMA (excluding flattailed horned lizard management area; 35,115 acres) as available for geothermal 

leasing

• Allocates 127,416 acres to the Open Recreation Management Zone

• Allocates 9,046 acres to the Resource Protection Recreation Management Zone

• Allocates 52,370 acres to the Limited Recreation Management Zone

• Allocates 26,096 acres to the North Algodones Dunes Wilderness Recreation 

Management Zone

• Designates 127,416 acres as Open OHV area

• Designates 35,144 acres as Closed OHV area

• Designates 52,370 acres as Limited OHV area

2.5.3 Incorporation of Terms and Conditions of U.S. 

Fish and Wildlife Service Biological Opinion

This ROD and RAMP incorporates the terms and conditions of the November 2, 2012 

Biological Opinion issued to the BLM by the USFWS (see Appendix A).

2.5.4 Termination of Interim Closures

Pursuant to the 2006 order of the U.S. District Court, the interim closures will be 

terminated 90 days after the ROD unless the original parties file a motion with the Court 

to keep the original interim closures in place.

2.5.5 Provide for Authorization and Use

The BLM will continue to administer existing authorizations and uses and will consider 

future requests consistent with this ROD. Any new authorization or use of public land 

within the Planning Area must be in conformance with the RAMP and subject to sitespecific analysis. Such authorization and use will be subject to administrative review at 

the time of issuance of a final BLM decision regarding the authorization or use.

2.5.6 Implementation of the RAMP

The planning process began when the BLM published the Notice of Intent to prepare an 

RAMP with EIS in the Federal Register on March 18, 2008. The Notice of Availability of 

the Draft RAMP and Draft EIS was published on March 26, 2010. The Notice of 
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Availability of the Proposed RAMP/Proposed CDCA Plan Amendment and Final EIS was 

published on September 14, 2012.

Implementation of the RAMP will begin with publication of its Notice of Availability in the 

Federal Register. Some decisions in the RAMP require immediate action and will be 

implemented upon publication of the ROD and RAMP. Other decisions will be 

implemented over a period of years. The rate of implementation is tied, in part, to the 

BLM’s budgeting process. 

2.5.7 What the Decision / RAMP Does Not Provide

The RAMP does not contain decisions for actions outside the jurisdiction of the BLM. 

Comments asking for decisions that were beyond the scope of this plan were forwarded 

to the appropriate agency. In addition, many decisions are not appropriate at this level of 

planning and are not included in the ROD.

2.6 Decisions

This section describes the land use planning decisions established by the RAMP/CDCA 

Plan Amendment. It also includes implementation-level decisions (see Chapter 1, 

Section 1.1.1). This section is organized by resources and uses. 

Throughout this section, information is displayed at a broad overview level, which then 

moves to the specific. The planning document is presented first by resource, the 

presence or abundance of which may vary from location to location within the Planning 

Area. Two different types of land use plan decisions are presented for each resource: 

Goals and Objectives, and Management Actions. Goals and Objectives are the desired 

outcomes for resource conditions and resource uses. Management Actions are actions, 

allowable uses, and land designations that the BLM will implement to achieve the goals 

and objectives for a particular resource or resource use.

Additional decisions that provide a better understanding of decisions required in the 

program guidance include Land Health Standards and Guidelines, Land Tenure 

Adjustment, and Special Designations. These decisions also support the goals outlined 

in the Goals and Objectives.

The RAMP/CDCA Plan Amendment addresses transportation and access, and 

designates sections of the Planning Area as open, closed, and limited with a statement 

of the limitations for OHV recreation. Decisions such as route designation and vending 

area designation are not planning-level decisions but rather implementation-level 

decisions. Individual routes are designated as open, closed, and limited by applying the 

criteria of 43 CFR 8364.1. 
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The goals and objectives and management actions under the RAMP are numbered and 

arranged by specific resources and resource uses. Each decision is assigned one of the 

codes in Table 2-1 below.

TABLE 2-1

DECISION LETTERING FOR RESOURCES AND RESOURCE 

USES

Resources and Resource Uses Lettering Code

Multiple Use Classes MUC

Land Health Standards LHS

Air Resource Management ARM

Soil Resource Management SRM

Water Resource Management WRM

Vegetative Resource Management VEG

Priority Plant Species PPS

Invasive Non-native Plants INP

Vegetative Use Authorization VUA

Wildlife Resource Management WLD

Raptors RAP

Non-game Migratory Birds BRD

Bats BAT

Invertebrates INV

Game Animals (Birds and Mammals) GME

Special Status Species Management SSS

Peirson’s Milk-vetch PMV

Mojave Population of the Desert Tortoise MDT

State-listed Species SLS

BLM Sensitive Species BSS

Wildland Fire Management WFM

Cultural Resource Management CRM

Paleontological Resource Management PRM

Visual Resource Management VRM

Special Designations – Wilderness WIL

Lands with Wilderness Characteristics LWC

Areas of Critical Environmental Concern ACE

Mineral Resource Management MIN

Recreation Resource Management REC

Transportation and Public Access TPA

Lands and Realty Management LRM

Public Health and Safety PHS
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2.7 Multiple Use Classes

The 25 million-acre CDCA was established by Congress in 1976 through the FLPMA (43 

USC 1781[a]). The CDCA Plan was completed in 1980 and provides guidance for the 11 

million acres of public lands within the CDCA administered by the BLM. 

The CDCA Plan is a comprehensive long-range plan with goals and specific actions for 

the management, use, development, and protection of the resources and public lands 

within the CDCA. The plan is based on the concepts of multiple use, sustained yield, and 

maintenance of environmental quality. All of the public lands in the CDCA under BLM 

management, including the ISD, have been designated geographically into four MUCs. 

The classification was based on the sensitivity of resources and kinds of uses that may 

be allowed for the each geographic area.

2.7.1 Goals and Objectives

Four MUCs are used in the CDCA Plan. Each describes a different type and level or 

degree of use that is permitted within a geographic area. The MUCs as described in the 

CDCA Plan were maintained and were not changed under any alternative1. 

The description of each MUC is listed below:

• Class C (Controlled Use): These lands are to be preserved in a natural state, and 

access is generally limited to non-motorized, non-mechanized means (e.g., by foot or 

horseback).

• Class L (Limited Use): These lands are managed to protect sensitive, natural, scenic, 

ecological, and cultural resource values. They provide for generally lower intensity 

and carefully controlled multiple uses that do not significantly diminish sensitive 

resource values.

• Class M (Moderate Use): These lands are managed in a controlled balance between 

higher intensity use and protection of public lands. A wide variety of uses, such as 

mining, livestock grazing, recreation, and energy and utility development are allowed. 

Class M management is also designed to conserve desert resources and to mitigate 

damage to those resources which permitted use may cause.

 

1The Proposed RAMP/CDCA Plan Amendment and Final EIS contained an error regarding the 

alternatives for MUCs. Chapter 2, Section 2.3.1.2, Management Actions Common to All 

Alternatives, erroneously stated that the existing MUCs would be carried forward in Alternatives 1 

and 2, and amended in Alternatives 3 through 8. The intent of the BLM was that the existing 

MUCs would be common to all alternatives, as depicted on Map 2-1.
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• Class I (Intensive Use): These lands are managed for concentrated use to meet 

human needs. Reasonable protection is provided for sensitive natural and cultural 

values, and mitigation of impacts and rehabilitation of impacted areas will occur 

when possible.

The existing CDCA Plan MUCs are carried forward under this RAMP. The general areas 

covered by the MUCs, their acres, and the types and intensity of recreational uses 

allowed are listed in Table 2-2 below. The MUCs are also depicted in Map 2-1. 

TABLE 2-2

MUCS1 PREVIOULSY DESIGNATED WITHIN THE ISD

MUC C MUC L MUC M MUC I

North Algodones 

Dunes Wilderness

Large Central Portion 

of the ISD

Ogilby Area

Area between Old 

Coachella Canal and 

New Coachella Canal

Mammoth Wash Area

Dunebuggy Flats 

Area

Glamis Area

Buttercup Area

Gecko Area

1

CDCA listings

2.8 Land Health Standards Management 

The BLM actively manages BLM-administered lands under the Standards for Rangeland 

Health and Guidelines for Grazing Administration (Rangeland Standards and Guidelines) 

through authorized uses. Although developed for grazing and rangeland management, it 

is BLM policy to develop land health standards for all ecosystems through the land use 

planning process (BLM Handbook H-4180-1, Rangeland Health Standards, II-1). Since 

grazing does not occur in the Planning Area, these standards are referred to as Land 

Health Standards in this document. The Secretary of the Interior’s Healthy Lands 

Initiative, which began in 2007, is intended to accelerate land restoration, increase 

productivity, and improve the health of public lands in the western United States. The 

goal of the Initiative is to preserve the diversity and productivity of public and private 

lands across the landscape. The Rangeland Health Standards in the California Desert 

District have not been approved by the Secretary of the Interior. The BLM will submit the 

RAMP land health standards, as part of the California Desert District’s Rangeland Health 

Standards, to the Secretary of the Interior for approval. The fallback Rangeland Health 

Standards for the California Desert District will remain in effect until the proposed 

standards are approved. Standards are defined as an expression of the level of physical 

and biological condition or degree of function required for healthy, sustainable public 

lands. While these standards apply to all public lands managed by the BLM, some 

resources or conditions may not be present on all public lands. The standards are 

presented here in full, regardless of resources present (such as riparian areas).
#

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Midway

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Multiple-Use Classes

Intensive

Moderate

Limited

Controlled

Unclassified

California State Office

Sacramento, California

(916) 978-4400

www.ca.blm.gov

Date Prepared: 5/31/2013

Project: Map2-1_CDCA

US Department of the Interior

BUREAU OF LAND MANAGEMENT

MAP 2-1: CDCA Plan Designated Multiple Use Classes The Bureau of Land Management makes no

warranties, implied or expressed, with respect

to information shown on this map.

Bureau of Land Management

El Centro Field Office

June 2013

IMPERIAL SAND DUNES U.S. DEPARTMENT OF THE INTERIOR

RECREATION AREA MANAGEMENT PLAN _(

!

Planning

Area

C A L I F O R N I A

Sacramento
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THIS PAGE IS INTENTIONALLY BLANK.
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Throughout this chapter, Land Health Standards for individual resources are 

incorporated into each resource’s goals and objectives. 

2.8.1 Goals and Objectives

LHS-01 Meet or exceed the national policy for watersheds, ecological processes, water 

quality, and habitats.

LHS-02 Implement the Land Health Standards and Guidelines identified in this 

document when the California Desert District Rangeland Health Standards are approved 

by the Secretary of the Interior.

2.8.2 Management Actions

LHS-03 Once the California Desert District Rangeland Health Standards are approved 

by the Secretary of the Interior, the following regional Land Health Standards will be 

adopted for the Planning Area:

Standard #1—Soils: Soils exhibit infiltration and permeability rates that are appropriate 

to soil type, climate, geology, landform, and past uses. Adequate infiltration and 

permeability of soils allow accumulation of soil moisture necessary for optimal plant 

growth and vigor, and provide a stable watershed. Criteria for this standard are as 

follows:

• Canopy and ground cover are appropriate for the site.

• There is a diversity of plant species with a variety of root depths.

• Litter and soil organic matter are present at suitable sites.

• Microbiotic soil crusts are maintained and in place.

• Evidence of wind or water erosion does not exceed natural rates for the site.

• Soil permeability, nutrient cycling, and water infiltration are appropriate for the soil 

type.

Standard #2—Riparian–Wetland and Stream Function: Wetland systems associated 

with subsurface, running, and standing water function properly and have the ability to 

recover from major disturbances. Hydrologic conditions are maintained. Criteria for this 

standard are as follows:

• Vegetative cover adequately protects banks and dissipates energy during peak water 

flows.

• Dominant vegetation is an appropriate mixture of vigorous riparian species. 
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June 2013

• Recruitment of preferred species is adequate to sustain the plant community.

• Stable soils store and release water slowly.

• Plant species present indicate that soil moisture characteristics are being 

maintained.

• There is minimal cover of shallow-rooted invader species, and they are not 

displacing deep-rooted native species. 

• Shading of stream courses and water sources is sufficient to support riparian 

vertebrates and invertebrates.

• Stream is in balance with water, and sediment is being supplied by the watershed 

where appropriate.

• Stream channel size and meander is appropriate for soils, geology, and landscape.

• Adequate organic matter (litter and standing dead plant material) is present to protect 

the site and to replenish soil nutrients through decomposition.

Standard #3—Native Species: Healthy, productive, and diverse habitats for native 

species, including special status species, are maintained in places of natural 

occurrences. Criteria for this standard are as follows:

• Photosynthetic and ecological processes continue at levels suitable for the site, 

season, and precipitation regimes.

• Plant vigor nutrient cycles and energy flows are maintaining desirable plants and 

ensuring reproduction and recruitment

• Plant communities are producing litter within acceptable limits.

• Age class distributions of plants and animals are sufficient to overcome mortality 

fluctuations.

• Distribution and cover of plant species and their habitats allow for reproduction and 

recovery from localized catastrophic events.

• Alien and noxious plants and wildlife do not exceed acceptable levels or require 

action to prevent the spread and introduction of noxious/invasive weeds.

• Appropriate natural disturbances are evident.

• Populations and their habitats are sufficiently distributed to prevent the need for new 

listings of special status species.
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Standard #4—Water Quality: Water quality will meet state and federal standards, 

including exemptions allowable by law. Criteria for this standard are as follows:

• Dissolved oxygen levels, aquatic organisms, and aquatic plants (e.g., 

macroinvertebrates, fish, and algae) indicate support of beneficial uses.

• Chemical constituents, water temperatures, nutrient loads, fecal coliform, and 

turbidity are appropriate for the site or source.

• Best management practices are implemented (best management practices have 

been included in Appendix E of this document) 

2.9 Air Resources Management

The FLPMA and the Clean Air Act of 1970 and Amendments of 1977 and 1990 (42 USC 

7401 et seq.) prohibit the BLM or any federal land management agency from conducting, 

supporting, approving, licensing, or permitting any activity on federal land that does not 

comply with all applicable local, state, and federal air quality laws, statutes, regulations, 

and implementation plans. In support of these regulations, the El Centro Field Office has 

developed a Dust Control Plan, reviewed by the Imperial County Air Pollution Control 

District (ICAPCD), which provides benefits to air quality and other resources by 

decreasing air pollutant concentrations, increasing visibility, and decreasing atmospheric 

deposition (Appendix F). Adherence to air quality regulatory programs through 

coordination with other federal and state agencies is a key to air quality management 

success. 

Other applicable sections of the Clean Air Act include:

• Applicable National Ambient Air Quality Standards (Section 109)

• State Implementation Plans (Section 110)

• Control of Pollution from Federal Facilities (Section 118)

• Prevention of Significant Deterioration, including visibility impacts to mandatory 

Federal Class I Areas (Section 160 et seq.)

• Conformity Analyses and Determinations (Section 176(c))

The CDCA Plan, as part of the MUC Guidelines, provides management direction for air 

quality protection in the region. Under this plan, areas will be managed to protect their air 

quality and visibility in accordance with Class II objectives of Part C of the Clean Air Act 

Amendments, unless designated another class by the State of California as a result of 

recommendations developed by any BLM air quality management plan.
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2.9.1 Goals and Objectives

ARM-01 Maintain or improve air quality as established by the National Ambient Air 

Quality Standards and California Ambient Air Quality Standards through cooperative 

management of emissions with industry, the State of California, and federal agencies.

ARM-02 Strive to minimize, within the scope of the BLM’s authority, any emissions that 

may cause violations of air quality standards, may add to acid rain, or degrade visibility.

2.9.2 Management Actions

ARM-03 Comply with the applicable State of California air quality standards for all 

actions that will contribute to particulate matter emissions in the air as a result of actions 

taken. 

ARM-04 As needed, based on the BLM Dust Control Plan, treat the entry road to 

Dunebuggy Flats Campground for dust control to reduce the impact of OHV activities on 

air quality, as personnel and funding levels allow. 

ARM-05 Install air meters (numbers and locations to be determined) for ozone and 

particulate matter less than 10 microns in diameter in the Planning Area, if requested by 

ICAPCD or the U.S. Environmental Protection Agency. Implement actions to mitigate for 

contributions to the non-attainment due to activities in the Planning Area, as requested 

by ICAPCD, and as personnel and funding levels allow.

ARM-06 Evaluate impacts of activities within the Planning Area to air quality nonattainment. Implement BLM Dust Control Plan to reduce the effects to air quality as 

required by the ICAPCD. 

ARM-07 Use the best available control measures. These measures may include 

hardening of applicable roadways, watering or applying dust suppressants to roadways, 

limiting vehicle speeds, or restricting vehicular access. The BLM maintains a Dust 

Control Plan with the ICAPCD and will use this plan to determine what best available 

control measures to use.

2.10 Soil Resource Management

The ISD comprises a variety of dune types (e.g., draas, linear, parabolic, barchan, 

zibars). These dunes are separated occasionally by inter-dune areas, where relatively 

little sand accumulates into dune formations. The dune system lies on alluvial fan 

material emanating from the Cargo Muchacho Mountain and Chocolate Mountain. Some 

dunes reach 300 feet in height.
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The Planning Area contains a wide variety of soil types, as might be expected in a zone 

that spans the transition from low desert to rocky desert mountains. This variety of soil 

types is the result of diversity in parent material, relief, climate, living organisms, and age 

of the soils.

2.10.1 Goals and Objectives 

SRM-01 Manage soils to maintain productivity and to minimize erosion.

SRM-02 Preserve the natural process of dune movement and formation.

SRM-03 Meet Land Health Standard #1, as related to soils and as described in

Section 2.8). 

2.10.2 Management Actions

SRM-04 Minimize surface disturbance from authorized activities. Post-activity disturbed 

surfaces will be restored to a pre-disturbance or natural condition as applicable.

SRM-05 Incorporate erosion control measures into projects on a case-by-case basis.

2.11 Water Resource Management

The objective of the Federal Water Pollution Control Act (Clean Water Act, Public Law 

92-500, as amended; 33 USC §§ 1251 et seq.) is to restore and maintain the chemical, 

physical, and biological integrity of the nation’s waters (Section 101a). Under Sections 

401 and 404, the Clean Water Act regulates point and non-point-source pollution. Other 

applicable regulations include the California Water Code.

Surface waters in the Planning Area can be divided into watersheds, portions of the 

landscape that collect runoff from the surface, concentrate it into channels, and conduct 

the resulting flow to a definable outlet. The Planning Area is traversed by the AllAmerican and the Coachella canals, which carry water from the Colorado River to the 

Imperial and Coachella valleys. The Planning Area is within the Colorado River 

watershed basin (Watershed Region 7).

The Planning Area occurs within the Amos–Ogilby–East Mesa groundwater basin. The 

groundwater resources within BLM-managed lands are managed by the BLM. This is 

without regard to Federally Reserved Water Rights, which apply to all water needs 

related to the reservation of federal lands. Local jurisdictions may exert authority over 

some aspects of the production of groundwater, such as drilling. The BLM works in 

cooperation with the California State Water Resources Control Board and California 

Department of Water Resources regarding management of the groundwater resource.
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The CDCA Plan, as part of the MUC Guidelines, provides management direction for 

water quality protection in the region. Under this plan:

• Class C areas will be managed to maintain and enhance both surface and 

groundwater resources.

• Class L areas will be managed to provide for the protection and enhancement of 

surface and groundwater resources, except for instances of short-term degradation 

caused by water development projects. Best management practices developed by 

the BLM during the planning process outlined in the Clean Water Act Section 208 will 

be used to avoid degradation and to comply with Executive Order 12088.

• Class M and I areas will be managed to minimize degradation of water resources. 

Best management practices developed by the BLM during the planning process 

outlined in the Clean Water Act Section 208 will be used to avoid degradation and to 

comply with Executive Order 12088.

2.11.1 Goals and Objectives

2.11.1.1 General

WRM-01 Promote BLM activities or authorized activities that do not degrade surface or 

groundwater in the Planning Area. 

WRM-02 Promote water quality to achieve or make significant progress toward 

achieving established BLM management objectives such as meeting wildlife needs.

WRM-03 Meet proposed Land Health Standard #4, as related to water quality (see 

Section 2.8.2). 

2.11.1.2 Surface Water

WRM-04 Identify and protect surface waters where possible.

WRM-05 Preserve and enhance the natural condition and hydrology of washes.

WRM-06 Identify area-wide use restrictions or other protective measures to meet 

federal, state, and local water quality requirements.

2.11.1.3 Groundwater

WRM-07 Make groundwater, where present, available for beneficial use on public lands 

in coordination with the State of California and Imperial County.
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2.11.2 Management Actions

WRM-08 Prevent or reduce water quality degradation through implementation of 

applicable best management practices or other specific mitigation measures, when 

applicable.

WRM-09 Continue to maintain or improve water quality in accordance with state and 

federal standards. Consult with the appropriate state agencies on proposed projects that 

may significantly affect water quality. 

WRM-10 Maintain authorized vehicle routes in a manner that will promote natural 

hydrology and protect water quality through application of best management practices.

2.12 Vegetative Resource Management

The primary vegetation communities within the Planning Area are: creosote bush scrub, 

microphyll woodlands, psammophytic scrub, and canal-influenced vegetation (Westec 

1977; BLM 1987). 

The basis for managing vegetation and invasive or noxious weeds for BLM lands can be 

found in the following federal laws, regulations, and policies: 

• Taylor Grazing Act of 1934

• Public Rangelands Improvement Act of 1978 

• Clean Water Act of 1977

• Federal Noxious Weed Act of 1974

• Executive Order 13112—Invasive Species Control

• BLM Manual Section 1740—Renewable Resource Improvements and Treatments

• BLM Manual 9011—Chemical Pest Control

• Vegetation Treatment Using Herbicides on BLM Lands in 17 Western States Final 

Programmatic Environmental Impact Statement and ROD of November 2007

• Endangered Species Act of 1973, as amended

• Natural Resources Conservation Service Ecological Site Guides 

• California State Director and Pacific Southwest Regional Forester Traditional 

Gathering Policy (Appendix G)
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In addition, the following non-federal agreements and laws will be applied in the 

Planning Area:

• California Native Plant Protection Act of 1977

• California Endangered Species Act

• 1988 Food and Agricultural Code of California (Division 23, California Desert Native 

Plants Acts) 

The BLM management goals for vegetation from the CDCA Plan’s Vegetation Element 

are outlined below:

• Maintain the productivity of the vegetative resource while meeting the consumptive 

needs of wildlife, livestock, wild horses and burros, and humans. Provide for such 

uses under principles of sustained yield. 

• Manage plant species on the federal and state lists of threatened and endangered 

species and their habitats, so that the continued existence of each will not be 

jeopardized. Stabilize and, where possible, improve populations through 

management and recovery plans developed and implemented cooperatively with the 

USFWS and the California Department of Fish and Wildlife. 

• Manage plant species that the BLM has officially designated as sensitive for 

California and their habitats, so that the potential for federal or state listing is 

minimized. Include consideration of sensitive species habitats in all decisions, so that 

impacts are avoided, mitigated, or compensated. 

• Manage unusual plant assemblages, so that their continued existence is maintained. 

In all actions, include consideration of unusual plant assemblages, so that impacts 

are avoided, mitigated, or compensated. 

• Manage wetland and riparian areas in the CDCA with the following specific 

objectives: a) avoid the long-term and short-term impacts associated with the 

destruction, loss, or degradation of wetland and riparian areas; b) preserve and 

enhance the natural and beneficial values of wetland and riparian areas, which may 

include constraining or excluding those uses that would cause significant long-term 

ecological damage; c) include practical measures to minimize harm in all actions 

causing adverse impacts on wetlands and riparian areas; and d) retain all wetlands 

and riparian habitats presently under BLM administration wherever high resource 

values exist and adverse impacts cannot be mitigated. 

• Accomplish the objectives of other resources by altering plant composition, density, 

and/or cover. Objectives include eliminating harmful or noxious plants, increasing 

livestock or wildlife forage production, and improving wildlife habitat characteristics. 
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Diversified native plant communities are favored over monocultures or communities 

based on non-native species. 

2.12.1 Plant Communities

2.12.1.1 Goals and Objectives

2.12.1.1.1 Planning Area-wide

VEG-01 Maintain viable populations of all native species throughout the Planning Area.

VEG-02 Maintain habitat connectivity throughout the Planning Area to limit habitat 

fragmentation and maintain transfer of genetic material from all sub-populations.

VEG-03 Protect biological diversity through the conservation of native plant communities 

and special status species with consideration for multiple uses of the land and sustained 

ecological function. 

VEG-04 Maintain and enhance a mosaic of native plant communities. 

VEG-05 Promote wildlife forage and habitat values, and maintain and/or restore intrinsic 

biological integrity and value of all native plant communities.

VEG-06 Protect or restore native species through an integrated weed management 

approach emphasizing prevention, early detection, and eradication of invasive nonnative plants. 

VEG-07 Promote plant communities that continue to support wildlife in a manner 

consistent with other resource management practices or uses. 

VEG-08 Promote natural processes that secure soil resources and protect against 

erosion and air quality degradation. 

VEG-09 Meet proposed Land Health Standards #3 and #4, as related to vegetative 

resources (see Section 2.8.2). 

2.12.1.1.2 Desired Plant Communities

Creosote Bush Scrub

VEG-10 Promote multi-layered desert communities that are dominated by perennial 

vegetation, which provide for watershed connectivity, sediment capture and storage, 

energy dissipation, and bank stability. 

VEG-11 Promote diverse vegetative composition and structure that include such species 

as creosote (Larrea tridentata), desert willow (Chilopsis linearis spp. arcuata), Mormon 
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tea (Ephedra trifurca), burro bush (Ambrosia dumosa), and giant Spanish needle 

(Palafoxia arida var. gigantea). 

VEG-12 Promote sufficient vegetation that provides landscape habitat connectivity and 

physical stability, which in turn support ground-dwelling species.

Microphyll Woodlands

VEG-13 Promote multi-layered desert communities that are dominated by perennial 

vegetation, which provide for watershed connectivity, sediment capture and storage, 

energy dissipation, and bank stability. 

VEG-14 Promote diverse vegetative composition and structure that include such species 

as blue palo verde (Cercidium floridum spp. floridum), desert willow, ironwood, mesquite, 

smoke tree (Psorothamnus spinosus), and catclaw acacia (Acacia greggii). Size and 

growth form, such as overhanging branches and mid- and under-story vegetation, are 

represented by naturally occurring species of moderate density. 

VEG-15 Promote sufficient vegetation that provides landscape habitat connectivity and 

physical stability, which in turn support ground-dwelling species.

Psammophytic Scrub

VEG-16 Promote diverse vegetative composition and structure that include such species 

as Colorado Desert buckwheat (Eriogonum deserticola), Mormon tea, fan-leaf crinklemat (Tequilia plicata), and Wiggin’s croton.

VEG-17 Promote sufficient vegetation to provide landscape habitat connectivity and 

physical stability, which in turn supports ground-dwelling species.

2.12.1.2 Management Actions 

VEG-18 Implement a monitoring plan for the microphyll woodland community. Analyze 

the monitoring data to compare the trend in vegetation cover due to the different types of 

impacts in each area.

VEG-19 Implement a thorough monitoring program to track recreation use and the 

condition of special status species (see Appendix D).

VEG-20 Avoid adverse impacts to special status species, priority species, plants 

protected by the California Native Plant Protection Act, and their associated habitats by 

developing, modifying, redesigning, mitigating, or abandoning specific projects.
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VEG-21 Restore degraded native plant communities through restoration activities that 

could include but are not limited to exclusion of disturbance activity, invasive plant 

removal, site preparation, and revegetation. 

VEG-22 Restore surface disturbance from discretionary activities (e.g., right-of-way 

construction) with rehabilitation measures including imprinting, contouring, debris and 

brush replacement, native plant seeding (where appropriate), and invasive plant 

treatment.

VEG-23 Restore surface disturbance from illegal trespass activities (not including 

closure violations) with rehabilitation measures including imprinting, contouring, debris 

and brush replacement, native planting or seeding (where appropriate), and invasive 

plant treatment.

VEG-24 Require minimum impact approaches such as trimming trees instead of 

removal, using existing routes and rights-of-way instead of creating new ones, and using 

previously disturbed sites and crushed vegetation instead of blading new routes, where 

appropriate.

VEG-25 Encourage transplanting of plant species directly on-site or onto neighboring 

public lands where feasible, using approved protocol for surface-disturbing activities 

where avoidance is not possible. 

VEG-26 Design surface-disturbing activities to avoid impacts to desired plant 

communities to the greatest extent possible. Where avoidance is not possible, these 

areas will be restored to their previously undisturbed or native condition. Restoration will 

follow approved protocol and include watering and maintenance until establishment.

VEG-27 Remove tamarisk and other non-native invasive plant species using mechanical 

and herbicide applications in accordance with the BLM policy on minimum tools in 

wilderness and the Vegetation Treatment Using Herbicides on BLM Lands in 17 Western 

States Final Programmatic EIS (BLM 2007) and ROD of November 2007.

VEG-28 Salvage useable native plants and parts of plants where plants would normally 

be lost due to development, disposal, or disturbance on public lands when practicable. 

Plants and parts of plants may be replanted on public lands or salvaged for public 

purposes. Plants and parts of plants will only be removed from public lands pursuant to 

applicable federal and state laws and regulations governing the sale, disposal, and 

transportation of plants. 

VEG-29 Use native plant materials for landscaping at developed facilities within public 

lands. 

VEG-30 Treat non-native invasive species, where appropriate, to meet management 

objectives. 
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VEG-31 Limit the introduction of non-native plants through an education program 

partnered with recreational users, OHV users, and other recreational users.

VEG-32 Develop partnerships with adjacent landowners, local agencies, state agencies, 

and federal agencies to manage habitat, conduct restoration activities, develop 

educational material, and provide interpretation of vegetation.

VEG-33 Give rehabilitation priority to habitat that supports special status species and 

ACECs.

VEG-34 Prohibit removal of native standing trees, alive or dead, with the exception of 

fire management, public health and safety, or disease control.

VEG-35 Classify microphyll woodlands as avoidance areas for all commercial and noncommercial surface-disturbing activities. Avoidance areas are defined in the BLM Land 

Use Planning Handbook as areas to be avoided but which may be available for location 

of rights-of-way with special stipulations. 

VEG-36 Allow OHV recreation and prohibit camping in microphyll woodlands south of 

Wash 33 and north of Wash 70 (see also Section 2.25—Transportation and Public 

Access in this chapter).

2.12.2 Priority Plant Species

Priority plant species are rare, unusual, or key species that are not listed as BLM 

sensitive or listed as threatened and endangered species. Priority plant species are 

known to occur on or near the BLM-administered lands within the Planning Area. The El 

Centro Field Office priority plant species list will be updated on a regular basis to reflect 

new information and survey data. These species have ecological importance, rarity, and 

human interest. Identification of priority plant species will help prevent the avoidable loss 

of these plants due to development and implementation of other multiple-use objectives.

2.12.2.1 Goals and Objectives

PPS-01 Ensure that plant species populations are stable or increasing, with adequate 

recruitment given the ecological conditions and dynamics associated with the Planning 

Area. 

PPS-02 Promote landscape-scale conservation of the priority plant species to protect or 

restore botanical resources of concern and to ensure consistent management across 

jurisdictional boundaries.
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2.12.2.2 Management Actions 

PPS-03 Minimize or mitigate loss of habitat or fragmentation of priority plant species 

populations.

PPS-04 Avoid priority plant species where possible to mitigate for surface-disturbing 

activities. Where avoidance is not possible, these populations will be restored as 

appropriate to their previously undisturbed or native condition after completion of the 

activity. Restoration of priority plant species and habitat will follow approved protocol and 

include watering and maintenance until establishment.

PPS-05 Implement protection and restoration measures such as signage, invasive 

weeds treatment, and native plant seed collection for the priority plant species. 

PPS-06 Treat non-native invasive species where appropriate to protect priority plant 

species.

2.12.3 Invasive Non-native Plants

Non-native, invasive, and state- and federally listed noxious weed species collectively 

constitute one of the gravest threats to the biodiversity of BLM lands. Two critical 

components of managing these species are identifying those species that threaten 

biodiversity and other ecological functions and values, and prioritizing species for 

management efforts, which must be based, at least in part, on the ecological impacts 

imparted by these invaders. 

Non-native invasive species degrade aesthetic vegetation values, tourism opportunities, 

and recreational value of public lands. Native species in upland and riparian ecosystems 

are competitively reduced, and the ecological process altered when non-native plants 

(both noxious and invasive weeds) become established and flourish.

2.12.3.1 Goals and Objectives

INP-01 Prevent the introduction or spread of non-native invasive and state- and federally 

listed noxious weed species and promote the reduction of existing invasive species 

populations.

2.12.3.2 Management Actions

INP-02 Use an integrated pest management approach to ensure that the best methods 

available are implemented to prevent the introduction of and to control the spread of 

non-native plants, invasive plants, and noxious weeds (Department of the Interior 2007). 
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INP-03 Treat non-native invasive species that constitute significant fuel load and fire 

threat directly by using integrated pest management or management through fire breaks 

and other tactics. 

INP-04 Treat tamarisk and other invasive non-native species in the Planning Area.

2.12.4 Vegetative Use Authorization 

The BLM manages vegetation for habitat, multiple use, and sustained yield. This section 

describes authorizations that are needed to collect plant material from public land and 

activities that do not require written authorization. 

2.12.4.1 Goals and Objectives

VUA-01 Ensure presence of dead and downed wood on the ground to provide wildlife 

habitat and reduce soil erosion. 

VUA-02 Allow for the collection of plant material consistent with the maintenance of 

natural ecosystem processes.

2.12.4.2 Management Actions

VUA-03 Prohibit wood cutting for commercial purposes in the Planning Area. 

VUA-04 Prohibit dead and downed wood collection within the ISD SRMA and ACECs.

VUA-05 Prohibit commercial wood collection within the microphyll woodlands or ACECs.

VUA-06 Grant free use, without permit, of culturally important plants for traditional 

cultural gathering of vegetation by Native Americans in accordance with Interagency 

Traditional Gathering Policy (see Appendix G). No commercial vegetation collection will 

be permitted. All other collection will only be allowed for educational, research, or 

environmental restoration purposes.

VUA-07 Prohibit removal of native standing trees alive or dead with the exception of fire 

management, public health and safety, or disease control.

2.12.4.2.1 Allowable Uses Requiring Permits

VUA-08 To manage vegetation resources, the BLM will administer a permit program for 

specific commercial and non-commercial uses. Vegetative use authorization will be 

considered for educational, research, or environmental restoration purposes, and 

permits will include standard guidelines and stipulations for collection. Permits could also 

include stipulation developed during a site-specific NEPA analysis. Priority plant species 

will be protected and collections will be permitted on a case-by-case basis.
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• Plant and Seed Collection. Scientific collection of vegetative materials, including 

seeds, will require a free-use permit (Form 5510). Commercial seed collection will 

require a permit on BLM lands and will follow approved protocol. Seed collection for 

BLM administrative use will follow approved protocol.

• Salvage Plant Collection. Plant salvage will be allowed within the Planning Area for 

educational, research, or environmental restoration purposes. Plant salvage will 

require prior written authorization from BLM and may require a permit from the 

United States Department of Agriculture.

2.12.4.2.2 Allowable Uses Not Requiring Permits 

VUA-09 The public does not need a written authorization or permit for the following 

uses: 

• Per 43 CFR 8365.1-5(b), “Except on developed recreation sites and areas, or where 

otherwise prohibited and posted, it is permissible to collect from the public lands 

reasonable amounts of the following for noncommercial purposes:”

1. Small quantities (no more than 20 percent of available resource from any 

individual plant and from total collecting area) of flowers for personal use

2. Small quantities (no more than 20 percent of available resource from any 

individual plant and from total collecting area) of dry vegetation, nuts, or berries

3. Five or fewer pieces (i.e., cuttings) of a live native plant (California Native Plant 

Protection Act)—no whole plants may be collected

4. Tamarisk in any quantities

• Free use, without permit, of culturally important plants is granted for traditional 

cultural gathering of vegetation by Native Americans, in accordance with the 

California State Director and Pacific Southwest Regional Forester Traditional 

Gathering Policy (see Appendix G). 

2.12.4.2.3 Prohibited Uses (Collection Not Allowed)

VUA-10 The public is prohibited from collecting:

• Live cacti of any kind

• Whole, live native plants

• Fuel wood for home heating purposes
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• All species in the family Fouquieriaceae (e.g., ocotillo, candlewood); the genus 

Prosopis (mesquites); the genus Cercidium (palo verde); Acacia greggii (catclaw 

acacia); Dalea spinosa (smoketree); and Olneya testota (ironwood), including both 

dead and live specimens

• Any species listed as a special status species 

• The collection and possession of ironwood at any time will be prohibited. 

Supplementary rules to identify prohibited uses will be published through the Federal 

Register after the publication of the ROD. The BLM will comply with 43 CFR 8365.1-6 in 

the establishment of supplementary rules.

2.13 Wildlife Resource Management

The following laws, regulations, and policies direct the management of fish and wildlife 

on BLM-administered public lands: 

• Endangered Species Act of 1973, as amended

• Migratory Bird Treaty Act of 1918

• Bald and Golden Eagle Protection Act of 1940, as amended 1962 

• Executive Order 13112—Invasive Species 

• Executive Order 13186—Conservation of Migratory Birds 

• Executive Order 13443—Enhancement of Hunting Opportunities

• BLM Manual 6840—Special Status Species Management

• BLM Manual 6500—Wildlife, Fish, and Plant Resources

• BLM Manual 6740—Wetland–Riparian Area Protection and Management

BLM ensures that the public lands are managed in accordance with FLPMA (43 USC 

1701 et seq.) and other applicable laws and regulations under the principles of multiple 

use and sustained yield. The BLM manages the ISD SRMA to both preserve and protect 

certain designated areas in their natural condition to provide shelter, food, and habitat for 

fish and wildlife, and other areas to provide for outdoor recreational uses. The BLM 

implements goals and management tools in accordance with the CDCA Plan to develop 

management strategies or plans for wildlife and desert habitats to achieve the goals of 

recovery of federal and state endangered or threatened species; minimizing the potential 

for listing of BLM-designated sensitive species; promoting wildlife populations through 
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habitat enhancement projects; and including consideration of crucial habitats of wildlife 

species in all decisions so that impacts can be avoided, mitigated, or compensated. See 

also CDCA Plan Wildlife Element Goals 3 and 4 below.

Through the Wildlife Element of the CDCA Plan, the BLM has developed the following 

five goals for managing and promoting wildlife resources, as well as special status 

species and their habitats:

1. Avoid, mitigate, or compensate for impacts of conflicting uses on wildlife populations 

and habitats. Promote wildlife populations through habitat enhancement projects so 

that balanced ecosystems are maintained and wildlife abundance provides for 

human enjoyment.

2. Develop and implement detailed plans to provide special management for: 1) areas 

that contain rare or unique habitat; 2) areas with habitat sensitive to conflicting uses; 

3) areas with habitat especially rich in wildlife abundance or diversity; and 4) areas 

that are good representatives of common habitat types. Many areas falling into these 

categories contain listed species, which, as indicator species, may become the focus 

of management. 

3. Manage wildlife species on the federal and state lists of threatened and endangered 

species and their habitats so that their continued existence is not jeopardized. 

Stabilize and, where possible, improve populations through management and 

recovery plans developed and implemented cooperatively with the USFWS and the 

California Department of Fish and Wildlife.

4. Manage wildlife species officially designated as sensitive by the BLM for California 

and their habitats so that the potential for federal or state listing is minimized.

5. Include consideration of crucial habitats of sensitive species in all decisions so that 

impacts are avoided, mitigated, or compensated.

In addition to the goals and objectives, and management actions presented in this 

section, Vegetative Resource Management and Lands and Realty Management 

(Sections 2.7 and 2.18, respectively) also contain goals and objectives and management 

actions that provide additional wildlife habitat conservation measures.

2.13.1 Planning Area-wide

2.13.1.1 Goals and Objectives

WLD-01 Maintain viable populations of all native species throughout the Planning Area.
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WLD-02 Maintain habitat connectivity throughout the Planning Area to limit habitat 

fragmentation and maintain transfer of genetic material from all sub-populations 

throughout the Planning Area.

WLD-03 Promote and maintain healthy key habitats (e.g., microphyll woodlands and 

psammophytic scrub) and associated wildlife assemblages.

WLD-04 Promote wildlife resources that will meet conservation, socio-economic (e.g., 

hunting, watchable wildlife), and tribal needs.

WLD-05 Provide well-distributed habitat and connectivity corridors capable of supporting 

self-sustaining populations of interacting groups of priority species for biodiversity and 

genetic viability.

WLD-06 Provide suitable habitat capable of maintaining stable or increasing trends in 

abundance of wildlife species.

WLD-07 Reduce human-caused disturbance to habitats that result in animal mortalities 

or undesirable effects to populations of priority species during critical times, such as 

breeding or drought. 

WLD-08 Maintain or restore appropriate amount, distribution, and characteristics of lifestage habitats for general wildlife species. Populations of non-native plants should be 

reduced or eradicated in areas where their presence threatens the integrity of general 

wildlife populations.

2.13.1.2 Management Actions

WLD-09 Restore native species habitat distribution and occurrence, especially for 

priority species (priority species are those that are recognized as significant for at least 

one factor: density; diversity; size; public interest; remnant character; or age), conserve 

biological diversity, maintain genetic integrity and exchange, and improve availability of 

suitable habitats and habitat linkages. Initiate restoration activities in priority habitats, 

such as invasive weed removal or native seeding, to move toward desired habitat 

conditions and provide functional landscapes to sustain populations of fish and wildlife 

species. 

WLD-10 Authorize reintroductions, transplants, and supplemental stockings 

(augmentations) of native wildlife populations (as defined in BLM Manual 1745) in 

current or historic ranges in cooperation with the USFWS and/or the California 

Department of Fish and Wildlife to: 1) maintain populations, distributions, and genetic 

diversity, 2) conserve or recover threatened or endangered species, 3) restore or 

enhance native wildlife diversity and distribution; and 4) maintain isolated populations. 

WLD-11 Manage invasive and pest species in accordance with applicable BLM policies.
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WLD-12 Coordinate with California Department of Fish and Wildlife to ensure that 

wildlife guzzlers provide safe access for wildlife to usable water.

WLD-13 Pursue land acquisition options (i.e., purchase, exchange, donation, and 

easement) to consolidate important wildlife habitats. 

WLD-14 Maintain habitat connectivity throughout the Planning Area.

WLD-15 In coordination with BLM, allow California Department of Fish and Wildlife to 

maintain wildlife guzzlers. Consider construction of additional guzzlers upon request by 

California Department of Fish and Wildlife.

2.13.2 Priority Wildlife Species 

Priority species for the Planning Area include raptors, non-game migratory birds, bats, 

invertebrates, and game animals.

2.13.2.1 Raptors

2.13.2.1.1 Goals and Objectives

RAP-01 Maintain, restore, or enhance nesting and foraging habitat for raptors.

RAP-02 Provide for safe passage of migrating raptors.

2.13.2.1.2 Management Actions 

RAP-03 Provide natural or human-made nesting or perching structures in suitable areas 

to enhance foraging and breeding habitat for raptors as the need arises.

RAP-04 Require all new structures to be raptor-safe in accordance with the Suggested 

Practices for Avian Protection on Power Lines: The State of the Art in 2006 (Avian 

Power Line Interaction Committee 2006) or the current version of this document. 

RAP-05 Apply the BLM wind energy development program policies and best 

management practices relating to raptors from Appendix A in the Wind Energy 

Development Program ROD (BLM 2005c).

2.13.2.2 Non-game Migratory Birds

2.13.2.2.1 Goals and Objectives

BRD-01 Maintain, restore, or enhance nesting, foraging, and migratory stopover habitat 

consistent with non-game migratory bird habitat management objectives, emphasizing 

the natural biological diversity.
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BRD-02 Provide for safe passage of non-game migratory birds.

BRD-03 Minimize habitat fragmentation and provide for migratory corridors.

BRD-04 Promote socio-economic and recreational values of birds, such as ecotourism.

2.13.2.2.2 Management Actions 

BRD-05 Prevent or abate the pollution or detrimental alteration of the environment for 

the benefit of migratory birds, as practicable, through the application of mitigation 

measures on authorized activities.

BRD-06 Management actions will be guided by recommendations of comprehensive 

migratory bird planning efforts such as those completed by California Partners in Flight, 

including the Riparian Bird Conservation Plan (Riparian Habitat Joint Venture and 

California Partners in Flight 2004) and other plans as available.

BRD-07 Require all new structures to be bird-safe in accordance with the Suggested 

Practices for Avian Protection on Power Lines: The State of the Art in 2006 (Avian 

Power Line Interaction Committee 2006) or the current version of this document. 

BRD-08 Apply the BLM wind energy development program policies and best 

management practices relating to non-migratory game birds from Appendix A in the 

Wind Energy Development Program ROD (BLM 2005c).

BRD-09 Provide recreational opportunities for bird watching and photography. 

BRD-10 Monitor new energy development, including power lines and wind turbines or 

other structures, to better understand risks to non-game migratory birds.

BRD-11 Require a non-game migratory bird inventory for new utility or energy projects.

2.13.2.3 Bats

2.13.2.3.1 Goals and Objectives

BAT-01 Maintain, enhance, and protect bat roost sites and foraging habitat while 

providing for public safety. 

2.13.2.3.2 Management Actions

BAT-02 Protect foraging habitat within microphyll woodlands.

BAT-03 Apply the BLM wind energy development program policies and best 

management practices from Appendix A in the Wind Energy Development Program 

ROD (BLM 2005c).
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BAT-04 Require a bat inventory for new wind energy projects.

2.13.2.4 Invertebrates

2.13.2.4.1 Goals and Objectives

INV-01 Promote adequate vegetative structure including nectar sources, foraging, and 

breeding substrate for invertebrate species.

INV-02 Protect public health and safety from Africanized bees.

INV-03 Promote native pollinator species.

INV-04 Protect habitat requirements for insect species of concern found within the 

Planning Area.

INV-05 Maintain and enhance habitat across a wide variety of dune environments. 

2.13.2.4.2 Management Actions 

INV-06 Avoid adverse impacts to sensitive invertebrate species and associated habitats 

by developing, modifying, redesigning, mitigating, or abandoning specific projects.

INV-07 Restore surface disturbance from discretionary activities, such as right-of-way 

construction, with rehabilitation measures including imprinting, contouring, debris and 

brush replacement, native plant seeding (where appropriate), and invasive plant 

treatment.

INV-08 Restore surface disturbance from illegal trespass activities (not including closure 

violations) with rehabilitation measures including imprinting, contouring, debris and brush 

replacement, native planting or seeding (where appropriate), and invasive plant 

treatment.

2.13.2.5 Game Animals (Birds and Mammals) 

Resident small game animals that may be present in the Planning Area include: 

California quail (Calllipepla californica) and varieties thereof; Gambel’s (or desert) quail 

(Callipepla gambelii); mountain quail (Oreortyx pictus) and varieties thereof; Hungarian 

(or gray) partridge (Perdix perdix); red-legged partridge (Alectoris rufa), including the 

chukar and other varieties; ring-necked pheasant (Phasianus colchicus) and varieties; 

wild turkey (Meleagris galiopavo) of the order Galliformes; and the following game 

mammals: jackrabbits and varying hares (genus Lepus), cottontail rabbits, and brush 

rabbits (genus Sylvilagus).

Resident big game animals that may be present in the Planning Area include deer 

(genus Odocoileus) and Nelson bighorn sheep (subspecies Ovis canadensis nelsoni).
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2.13.2.5.1 Goals and Objectives

GME-01 Maintain, enhance, and protect habitat for native game animal populations. 

GME-02 Promote the legal pursuit of game.

2.13.2.5.2 Management Actions

GME-03 Prohibit OHV use for the pursuit of game within OHV closed areas. 

GME-04 Maintain, restore, or enhance water resources for native game animal 

populations. Water developments will include design features to ensure safety and 

accessibility to water by desirable wildlife. Where practical, water troughs and tanks will 

be kept full year-round to provide a continuous water supply for native game animals. 

Provide reasonable administrative use-related vehicular access by California 

Department of Fish and Wildlife personnel to game animal water facilities for operation 

and maintenance activities, which could include cross-country travel along a preapproved route as authorized by federal law. Enhancement projects will not be 

undertaken for non-native birds and mammals.

GME-05 Apply the BLM wind energy development program policies and best 

management practices from Appendix A in the Wind Energy Development Program

ROD (2005c).

GME-06 Construction of new wildlife guzzlers may be considered on a case-by-case 

basis. 

2.14 Special Status Species Management

Special status species are fish, wildlife, and plants that require specific conservation 

measures or management directions due to population or habitat concerns. Special 

management measures within BLM-administered lands are necessary to reduce or 

eliminate potential adverse impacts to species or habitats, particularly measures to 

reduce the likelihood of take of a listed species under the Endangered Species Act. 

Special status species fall under the following broad categories: federally listed species 

under the Endangered Species Act—threatened, endangered, proposed, or candidate 

species and designated or proposed critical habitat—and BLM sensitive species. BLM 

State Directors are directed as follows to designate sensitive species using the criteria 

found in BLM Manual 6840:

A. Designation of BLM Sensitive Species. State Directors shall designate species within 

their respective States as BLM sensitive by using the following criteria. For species 

inhabiting multiple states, State Directors shall coordinate with one another in the 

designation of BLM sensitive species so that species status is consistent across the 
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species’ range on BLM-administered lands, where appropriate. Species designated 

as BLM sensitive must be native species found on BLM-administered lands for which 

the BLM has the capability to significantly affect the conservation status of the 

species through management, and either: 

1. There is information that a species has recently undergone, is undergoing, or is 

predicted to undergo a downward trend such that the viability of the species or a 

distinct population segment of the species is at risk across all or a significant 

portion of the species range, or 

2. The species depends on ecological refugia or specialized or unique habitats on 

BLM-administered lands, and there is evidence that such areas are threatened 

with alteration such that the continued viability of the species in that area would 

be at risk.

When a particular species becomes in danger of rapidly dwindling to extinction, BLM will 

include the species on the BLM Sensitive Species List. BLM maintains Sensitive Species 

Lists by state. The list is updated regularly and is available on the BLM California 

website. 

Decisions in this plan are consistent with BLM’s mandate to protect and recover species 

listed under the Endangered Species Act and are consistent with objectives and 

recommended actions in approved species recovery plans.

In addition to the Endangered Species Act, the following laws, regulations, and policies 

direct the management of special status species on BLM-administered public lands: 

• Migratory Bird Treaty Act of 1918, as amended 

• Bald and Golden Eagle Protection of 1940, as amended 1962

• Executive Order 13186—Conservation of Migratory Birds

• BLM Manual 6500—Wildlife, Fish, and Plant Resources

• BLM Manual 6840—Special Status Species Management

• BLM California Manual H-6840.06—Special Status Plant Management

• BLM Manual 1737—Riparian-Wetland Area Management

• Approved Recovery Plans for federally listed species within the Planning Area 

(Mojave population of the desert tortoise)

The following are the management goals from the CDCA Plan Wildlife Element that 

pertain to special status species and their habitats: 
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• Develop and implement detailed plans to provide special management for: 

• areas that contain rare or unique habitat;

• areas with habitat sensitive to conflicting uses;

• areas with habitat especially rich in wildlife abundance or diversity; and 

• areas with good representative of common habitat types. 

Many areas falling into these categories contain listed species, which may become the 

focus of management as indicator species: 

• Manage those wildlife species on the federal and state lists of threatened and 

endangered species and their habitats so that the continued existence of each is not 

jeopardized. Stabilize and, where possible, improve populations through 

management and recovery plans developed and implemented cooperatively with the 

USFWS and the California Department of Fish and Wildlife (BLM Manual 6840).

• Manage wildlife species officially designated as sensitive by the BLM for California 

and their habitats so that the potential for federal or state listing is minimized. 

• Include consideration of habitats of sensitive species in all decisions so that impacts 

are avoided, mitigated, or compensated.

2.14.1 Planning Area-wide

2.14.1.1 Goals and Objectives

SSS-01 Maintain, enhance, and restore habitats for the survival and recovery of species 

listed under the Endangered Species Act and to prevent proposed or candidate species 

from becoming listed as endangered or threatened under the Endangered Species Act. 

Perform management actions that contribute to recovery and delisting of species listed 

under the Endangered Species Act. 

SSS-02 Avoid or minimize activities that would result in the following situations for 

special status species and associated habitat on BLM-administered public lands: 1) 

species becoming endangered or extirpated from public lands in the Planning Area; 2) 

species undergoing significant current or predicted downward trend in habitat capability 

that would reduce a species’ existing distribution; and 3) species undergoing significant 

current or predicted downward trend in population or density. 

SSS-03 Provide habitat capable of maintaining stable or increasing population trends of 

special status species to ensure persistence. Provide suitable ecological conditions that 
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constitute well-distributed habitats and connective corridors to support reproductive 

needs and free-flow movements of special status species for population persistence.

SSS-04 Manage allowable uses to minimize habitat destruction, degradation, and 

fragmentation to protect special status species. Habitat modifications from land and 

resource uses will be at levels that do not threaten the persistence of special status 

species populations.

SSS-05 Achieve stable or increasing populations of special status plant species over 

time with adequate pollination, nurse plants, recruitment, and survivorship. Maintain 

desired habitat conditions or restore degraded habitats to promote pollinator success 

and survival.

SSS-06 Achieve stable or increasing populations of special status animal species over 

time with adequate recruitment and survivorship. Maintain desired habitat conditions or 

restore degraded habitats to promote reproductive success and survival. 

SSS-07 Protect the habitat of sensitive species throughout the Planning Area. 

2.14.1.2 Management Actions

SSS-08 Implement species- or habitat-specific goals, objectives, and actions, as 

applicable, addressed in the approved recovery plans.

SSS-09 Prohibit activities or projects on BLM-administered lands that would jeopardize 

the continued existence of federally listed plant and wildlife species, or species proposed 

for listing.

SSS-10 Authorize reintroductions, transplants, and supplemental stockings 

(augmentations) of special status species populations (as defined in BLM Manual 1745) 

in current or historic ranges in cooperation with the USFWS and/or California 

Department of Fish and Wildlife to: 1) maintain populations, distributions, and genetic 

diversity, 2) conserve or recover threatened or endangered species, 3) restore or 

enhance diversity and distribution; and 4) maintain isolated populations. 

SSS-11 Maintain or restore appropriate amount, distribution, and characteristics of lifestage habitats for special status plant species. Populations of non-native plants should 

be reduced or eradicated in occupied and potential special status plant habitat.

SSS-12 Apply the BLM wind energy development program policies and best 

management practices from Appendix A in the Wind Energy Development Program

ROD (BLM 2005c). 

SSS-13 Prohibit commercial or personal collection of special status species. Allow 

research collection by permit only.
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SSS-14 Follow prescriptions in recovery plans for federally listed species.

SSS-15 Allow camping within designated areas of desert tortoise habitat.

SSS-16 Allow camping within some areas within BLM sensitive species habitat, except 

microphyll woodlands south of Wash 33 and north of Wash 70.

2.14.2 Federally Listed Species and Designated Critical 

Habitat

The Endangered Species Act of 1973 calls for preparation of recovery plans for 

threatened and endangered species likely to benefit from the effort, and authorizes the 

Secretary of the Interior to appoint recovery teams to prepare the plans. The USFWS is 

the responsible agency for writing and overseeing the recovery plan. A recovery plan 

establishes recovery goals and objectives, describes site-specific management actions 

recommended to achieve those goals, and estimates the time and cost required for 

recovery. A recovery plan is not self-implementing, but presents a set of 

recommendations for managers and the general public, which are endorsed by an 

approving official of the Department of the Interior. Recovery plans also serve as a 

source of information on the overall biology and status of and threats to a species. The 

BLM is using these recovery plans for listed species to address threats and propose 

conservation measures within the Planning Area.

USFWS has provided a list of two federally listed species known to occur or with the 

potential to occur within the Planning Area: Peirson’s milk-vetch and the Mojave

population of desert tortoise (USFWS 2009a). 

2.14.2.1 Peirson’s Milk-vetch (Threatened)

Peirson’s milk-vetch was listed by the USFWS as threatened in 1998. It is also 

recognized as endangered by the State of California and as a special status species by 

the BLM. Peirson’s milk-vetch habitat consists of sandy depressions at the base of high 

dunes and lower established dunes. According to the USFWS Peirson’s Milk-vetch 

Spotlight Species Action Plan (2009b), the overall recovery objective for Peirson’s milkvetch is to provide habitat capable of maintaining stable or increasing trends in 

abundance and survivorship.

2.14.2.1.1 Goals and Objectives

PMV-01 Promote population increase and protect habitat necessary to promote 

recovery.

PMV-02 Provide for habitat connectivity between Peirson’s milk-vetch populations 

throughout the dunes. 
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PMV-03 Ensure no adverse modification of critical habitat, as mandated by the 

Endangered Species Act.

PMV-04 Achieve stable or increasing populations of Peirson’s milk-vetch over time with 

adequate pollination, nurse plants, recruitment, and survivorship. Maintain desired 

habitat conditions or restore degraded habitats to promote pollinator success and 

survival.

PMV-05 Minimize effects resulting from human-caused disturbances.

2.14.2.1.2 Management Actions 

PMV-06 Promote research activities to further management goals of Peirson’s milkvetch.

PMV-07 Implement a monitoring plan for Peirson’s milk-vetch. Analyze the monitoring 

data to compare the trend in species abundance due to the different types of impacts in 

each area.

PMV-08 Provide for recovery of Peirson’s milk-vetch through critical habitat protection.

PMV-09 Prohibit motorized recreation within Peirson’s milk-vetch critical habitat.

PMV-10 Exclude Peirson’s milk-vetch critical habitat from solar energy development. 

Exclusion areas are defined as areas which are not available for location of rights-of-way 

under any conditions.

PMV-11 Exclude Peirson’s milk-vetch critical habitat from wind energy development.

PMV-12 Exclude Peirson’s milk-vetch critical habitat from all other types of land use 

authorization.

2.14.2.2 Mojave Population of the Desert Tortoise (Threatened)

The Mojave population of desert tortoise was federally listed as threatened in 1990. It is 

also recognized as a special status species by BLM and as a threatened species by the 

State of California. In California, the desert tortoise is most commonly found in 

association with creosote bush scrub with intershrub space for growth of herbaceous 

plants. The overall recovery objective for the Mojave population of the desert tortoise is 

to provide habitat capable of maintaining stable or increasing trends in abundance and 

survivorship of desert tortoise in all recovery units in the Mojave region. The Planning 

Area partially overlaps with the Eastern Colorado recovery units in southeastern 

California (BLM 2002). Recovery goals, objectives, strategies, and delisting criteria are 

described in the Mojave Desert Tortoise Recovery Plan (USFWS 1994).
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2.14.2.2.1 Goals and Objectives

MDT-01 Maintain and improve habitat for the Mojave population of the desert tortoise.

MDT-02 Promote population increase and protect habitat necessary to promote 

recovery.

MDT-03 Provide for habitat connectivity between desert tortoise populations. 

MDT-04 Establish the goals and criteria for three categories of desert tortoise habitat 

areas designated in the desert tortoise recovery plan (USFWS 1994). These categories 

are:

• Category I. Maintain stable, viable populations, retain natural shelter sites, protect 

existing tortoise habitat values, and increase populations where possible. 

• Category II. Maintain stable, viable populations and halt further declines in tortoise 

values. 

• Category III. Limit tortoise habitat and population declines to the extent possible 

through mitigating impacts.

2.14.2.2.2 Management Actions 

MDT-05 The following management actions apply to all desert tortoise habitat within the 

Planning Area and are derived from the 2011 Revised Recovery Plan for the Mojave

Population of the Desert Tortoise (USFWS).

• Review land use requests on a case-by-case basis. Requests may be approved, 

denied, or require mitigation to achieve Goals and Objectives. 

• Compensate for loss of desert tortoise habitat in accordance with the Desert Tortoise 

Compensation Team report (1991). 

• Limit activities that would fragment or further isolate existing Mojave populations of 

desert tortoise (e.g., canals, highways). 

• Reduce the attraction of predators through proper management of garbage.

• Reduce take of desert tortoises, by injury or death, through proper mitigation 

measures. 

MDT-06 Allow camping within designated areas of desert tortoise habitat.
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2.14.3 State-listed Species 

The BLM Special Status Species policy provides for cooperative relationships with states 

for purposes of conservation of sensitive species and compliance with the Endangered 

Species Act. 

There are four state-listed species found within the Planning Area: Algodones Dunes 

sunflower, Wiggins’ croton, Gila woodpecker, and Arizona Bell’s vireo. These four 

species are treated as BLM sensitive species according to BLM policy.

2.14.3.1 Algodones Dunes Sunflower (State of California 

Endangered)

Algodones Dunes sunflower was listed by the State of California as endangered in 1979. 

The Algodones Dunes sunflower is a rare perennial plant that lives in shifting sand 

habitats in the highest dunes. Overall, the conservation objective is to provide habitat 

capable of maintaining stable or increasing trends in abundance of the Algodones Dunes 

sunflower.

2.14.3.1.1 Goals and Objectives

SLS-01 Maintain suitable habitat of sufficient quality and quantity that could support the 

Algodones Dunes sunflower.

2.14.3.1.2 Management Actions

SLS-02 Implement a monitoring plan for the Algodones Dunes sunflower. Analyze the 

monitoring data to compare the trend in species abundance due to the different types of 

impacts in each area. 

2.14.3.2 Wiggins’ Croton (State of California Rare, California 

Native Plant Society - 2)

Wiggins’ croton was recognized by the State of California as rare (California Native Plant 

Society-2) in January 1982 (California Natural Diversity Database 2001). Wiggins’ croton 

is a perennial plant in the Euphorbiaceae family that thrives in shifting sand habitats. 

Overall, the conservation objective is to provide habitat capable of maintaining stable or 

increasing trends in abundance of Wiggins’ croton.

2.14.3.2.1 Goals and Objectives

SLS-03 Maintain suitable habitat of sufficient quality and quantity with adequate patch 

sizes that could support Wiggins’ croton.
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2.14.3.2.2 Management Actions 

SLS-04 Analyze impacts of all projects occurring within occupied Wiggins’ croton habitat 

and require that projects mitigate the impacts as appropriate.

2.14.3.3 Gila Woodpecker (State of California Endangered)

The Gila woodpecker was listed by the State of California as endangered in 1988. The 

Gila woodpecker is found in Sonoran desert habitats where it nests in saguaro cacti as 

well as large mesquite and palo verde trees. Overall, the conservation objective is to 

provide habitat capable of maintaining stable or increasing trends in abundance of Gila 

woodpecker.

2.14.3.3.1 Goals and Objectives

SLS-05 Maintain suitable habitat of sufficient quality and quantity with adequate patch 

sizes that could support Gila woodpeckers.

SLS-06 Maintain microphyll woodlands with large trees and sufficient recruitment that 

could support Gila woodpeckers.

2.14.3.3.2 Management Actions 

SLS-07 Analyze impacts of all projects occurring within occupied Gila woodpecker 

habitat and require that projects mitigate the impacts as appropriate.

2.14.3.4 Arizona Bell’s Vireo (State of California Endangered)

Arizona Bell’s vireo was listed by the State of California as endangered in 1988. The 

Arizona Bell’s vireo is a rare subspecies of the Bell’s vireo that inhabits dense lowland 

shrub and mesquite brushlands. Overall, the conservation objective is to provide habitat 

capable of maintaining stable or increasing trends in abundance of Arizona Bell’s vireo.

2.14.3.4.1 Goals and Objectives

SLS-08 Maintain suitable habitat of sufficient quality and quantity with adequate patch 

sizes that could support vireos.

SLS-09 Maintain dense mesquite patches in microphyll woodlands that would support 

vireos.

2.14.3.4.2 Management Actions 

SLS-10 Analyze impacts to the Arizona Bell’s vireo for all projects occurring within 

occupied Arizona Bell’s vireo habitat and require that projects mitigate the impacts as 

appropriate.
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2.14.4 BLM Sensitive Species

The BLM sensitive species identified in the Planning Area are as follows: Munz’s cholla 

(Opuntia munzii), giant Spanish needle (Palafoxia arida), sand food (Pholisma sonorae), 

Algodones dunes sunflower, Wiggins croton, Orocopia sage (Salvia greatei), spotted bat 

(Euderma maculatum), California leaf-nosed bat (Macrotus californicus), cave myotis 

(Myotis velifer), Townsend’s big-eared bat (Plecotus townsendii), Arizona Bell’s vireo, 

Gila woodpecker (Melanerpes uropygialis), burrowing owl, LeConte’s thrasher, lowland 

(San Sebastian) leopard frog (Rana yavapaiensis), Couch’s spade-foot toad 

(Scaphiopus couchi), flat-tailed horned lizard, and Colorado fringed-toed lizard.

Per policy detailed in California BLM Manual Supplement 6840.06, all California Native 

Plant Society List 1B plant species that occur on BLM lands are considered to be BLM 

sensitive species. Species that are also listed by either the federal government or State 

of California are discussed above.

2.14.4.1 Goals and Objectives

BSS-01 Protect habitats of sensitive plant and wildlife species on BLM-administered 

lands to prevent the species from becoming listed under the Endangered Species Act. 

2.14.4.2 Management Actions 

BSS-02 Allow collection of seeds of native plants to be used in rehabilitation and 

restoration activities. 

BSS-03 Implement and manage consistently with the Flat-tailed Horned Lizard Rangewide Management Strategy (Flat-tailed Horned Lizard Interagency Coordinating 

Committee 2003). 

BSS-04 Implement a monitoring plan for BLM sensitive plants. Analyze the monitoring 

data to compare the trend in species abundance due to the different types of impacts in 

each area.

BSS-05 Implement a monitoring plan for BLM sensitive wildlife species. Analyze the 

monitoring data to compare the trend in species abundance due to the different types of 

impacts in each area.

BSS-06 Implement a monitoring plan for the flat-tailed horned lizard. Analyze the 

monitoring data to compare the trend in species abundance due to the different types of 

impacts in each area.

BSS-07 Acquire lands from willing sellers within the East Mesa Management Area.

BSS-08 Protect habitat for BLM sensitive species whenever possible.
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BSS-09 Implement a monitoring plan for sand food (Pholisma sonorae).

2.15 Wildland Fire Management

The BLM coordinates with other agencies to manage fire in accordance with the 

nationwide BLM fire policy and the National Fire Plan. This integrates fire and fuels 

management with other land and resource management activities to benefit natural 

resources and implement multiple-use on BLM-administered lands within the Planning 

Area.

The CDCA Plan, as part of the MUC Guidelines, provides management direction for 

wildland fire management. Fire suppression measures will be taken in accordance with 

specific fire management plans subject to such conditions as authorized officer deems 

necessary, such as use of motorized vehicle, aircraft, and fire-retardant chemicals.

The Planning Area is in the Palm Springs–South Coast El Centro Fire Management 

Zone and the ISD Recreation Area Fire Management Unit. BLM has the responsibility to 

provide a fire agency representative, fire prevention, law enforcement, and resource 

management on BLM-administered lands. BLM works to minimize impacts to resources 

from suppression activities and reduce rehabilitation costs from fire damage. The BLM 

identifies wilderness, wilderness study areas, and ACECs as special management units 

requiring additional consideration to protect the resources on these lands. The dunes are 

dominated by psammophytic scrub and creosote scrub and also contain scattered 

stands of microphyll woodland vegetation, some of which are thick with closed canopies. 

These vegetation communities are not considered to be fire-adapted and must be 

managed accordingly.

2.15.1 Goals and Objectives

WFM-01 Protect human life (both firefighters and public) and communities, property, and 

the natural resources on which they depend. Firefighter and public safety are the highest 

priority in all fire management activities.

WFM-02 The management response to wildfire is appropriate to the values, risks, and 

other factors present. The management response may vary from aggressive 

suppression action to those actions that allow fire to function in its natural ecological 

role.

2.15.2 Management Actions

WFM-03 Implement fuels reduction programs where needed, with wildland fuels 

decreased and maintained at a manageable level, creating conditions conducive to safe, 

efficient, and effective firefighting. Fire and fuels management treatments may include 

fire suppression, prescribed fire, and non-fire treatments (manual, chemical, mechanical, 
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or biological treatments). Treat non-native invasive species that constitute significant fuel 

load and fire threat directly by using Integrated Pest Management or management 

through fire breaks and other tactics.

WFM-04 Identify, prioritize, and plan fuels reduction projects using a uniform system for 

determining wildland fire risk in wildland–urban interface (e.g., Risk Assessment and 

Mitigation Strategy).

WFM-05 Identify and implement post-fire stabilization and rehabilitation actions in 

burned areas to restore a functional landscape to meet the natural resource 

management objectives.

WFM-06 Apply the minimum impact management tactics, identified in the Interagency 

Standards for Fire and Aviation Operations, in the wilderness, when wildland fire 

suppression is required.

WFM-07 Consider the desired conditions and management prescriptions in 

implementing fire management activities for ACECs (see Section 2.22.3 for ACEC 

management actions).

WFM-08 Use wildland fire suppression methods with lesser ground disturbance to 

minimize potential adverse impacts on special status species, critical habitat, desired 

plant communities, and cultural resources. Provide an on-site resource advisor to 

consult with the wildland fire responders on the location of sensitive resources and 

provide input to minimize impacts to those resources. When feasible, use of fire 

suppression techniques that minimize ground-disturbing impacts is desirable; however, 

reduction of total acreage lost to fire, especially in critical habitat, through the use of 

mobile attack with engines, fireline construction with bulldozers, aerial fire retardant, or 

other necessary techniques is appropriate and requested.

WFM-09 Use fire retardants or chemicals adjacent to waterways in accordance with the 

Environmental Guidelines for Delivery of Retardant or Foam near Waterways:

Interagency Standards for Fire and Aviation Operations (National Interagency Fire 

Center 2009).

WFM-10 Use wildland fire to achieve resource benefits whenever possible

2.16 Cultural Resource Management 

The management of cultural resources on BLM land must be in compliance with several 

federal laws, including the Antiquities Act of 1906; the National Historic Preservation Act 

of 1966, as amended; the NEPA of 1969; Executive Order 11593—Protection and 

Enhancement of the Cultural Environment; FLPMA of 1976; the American Indian 

Religious Freedom Act of 1978; the Religious Freedom Restoration Act of 1993; the 
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Archaeological Resource Protection Act of 1979; the Native American Graves Protection 

and Repatriation Act of 1990; Executive Order 13007—Indian Sacred Sites; and 

Executive Order 13287—Preserve America. BLM also manages cultural resources in 

accordance with the National Programmatic Agreement (Among the Bureau of Land 

Management Advisory Council on Historic Preservation and the National Conference of 

State Historic Preservation Officers Regarding the Manner in Which the BLM will Meet 

Its Responsibilities under the National Historic Preservation Act) of 2012. In addition, the 

BLM manages its cultural resources according to BLM Manuals 8100 through 8170, and 

in accordance with the BLM–California SHPO Protocol Agreement of 2007, as amended. 

Locations of cultural resource sites are to be kept confidential with the exception of 

public use sites. 

The following are management goals from the CDCA Plan’s Cultural Resource Element: 

• Broaden the archaeological and historical knowledge of the CDCA through 

continuing inventory efforts and the use of existing data.

• Continue the effort to identify the full array of the CDCA’s cultural resources.

• Preserve and protect representative samples of the full array of the CDCA’s cultural 

resources.

• Ensure that cultural resources are given full consideration in land use planning and 

management decisions, and ensure that BLM-authorized actions avoid inadvertent 

impacts.

• Ensure proper data recovery of significant (National Register of Historic Places 

quality) cultural resources where adverse impacts can be avoided.

2.16.1 Goals and Objectives

CRM-01 Identify, preserve, and protect significant cultural resources, districts, and 

landscapes and ensure that they are available for appropriate uses by present and 

future generations.

CRM-02 Identify priority geographic areas for new field inventory, based upon a 

probability for unrecorded significant resources.

CRM-03 Enhance public understanding of and appreciation for cultural resources 

through educational outreach and heritage tourism opportunities. 

CRM-04 Evaluate identified cultural resources under the criteria for the National Register 

of Historic Places. Eligible resources will be formally nominated for listing to the National 

Register of Historic Places, as appropriate.
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CRM-05 Promote new survey efforts on an ongoing basis, utilizing partners where 

appropriate.

CRM-06 Maintain viewsheds of important cultural resources whose settings contribute 

significantly to their scientific, public, traditional, or conservation values. 

CRM-07 Provide and encourage cultural resources research opportunities that would 

contribute to the understanding of the ways humans have used and influenced natural 

systems and processes.

CRM-08 Seek to reduce imminent threats, and direct and indirect impacts to cultural 

resources, or potential conflict with other resource uses.

CRM-09 Increase BLM nation-to-nation consultation and coordination with Native 

American Tribes.

2.16.2 Management Actions

CRM-10 Current legal, regulatory, and policy direction concerning cultural resources 

exists to protect and preserve these national heritage assets, as well as support 

development of literature, interpretive sites, and other forms of public education 

designed to increase knowledge, understanding, and enjoyment of these irreplaceable 

resources. Legal protection, physical preservation and restoration, documentation, and 

access by scientists and the general public are regulated by federal law. The electronic 

management and archiving of cultural data are vital to the management of these 

resources. The management actions presented here are a result of the need to update 

the existing plan and incorporate current legislation and policy direction for the 

management of cultural resources. 

CRM-11 Maintain current cultural resource data in a GIS format and increase knowledge 

of cultural resources within the Planning Area through proactive surveys. The inventory 

will include a prioritized list (high/medium/low sensitivity) of areas for future inventory—

based on sensitivity and the likelihood of significant, unrecorded sites. Inventory 

strategies for un-surveyed areas will be continually refined.

CRM-12 Work cooperatively with the California SHPO on data sharing and information 

management, and the promotion and enhancement of public education, including 

Archaeological Awareness Week/Historic Preservation Month, outreach, and 

stewardship programs.

CRM-13 Provide for and/or increase interpretive educational opportunities at selected 

cultural and historic sites, including the Plank Road (CA-IMP-4764H). Work with 

communities, Tribes, interested individuals, and other agencies to enhance public 

understanding, appreciation, and enjoyment of cultural resources. 
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CRM-14 Implement protection measures to stop, limit, or repair damage to sites that are 

on or eligible for the National Register of Historic Places. A variety of protection 

measures, described in BLM Manual 8140, may be used to protect the integrity of sites 

at risk and will include signing, fencing or barriers, trash removal, erosion control, 

backfilling, repairing, shoring up or stabilizing structures, restricting uses and access, 

and closures. Where feasible, acquire non-BLM-administered properties within the 

Planning Area that contain significant cultural resources including, but not limited to, 

those properties listed or eligible for listing in the National Register of Historic Places.

CRM-15 Manage spiritually significant and traditional cultural properties in consultation 

with Native American Tribes, accommodate Tribal access to spiritually significant and 

traditional cultural properties, and prevent physical damage or intrusions that might 

impede their use by religious practitioners (pursuant to Executive Order 13007 and 

American Indian Religious Freedom Act). The locations of spiritually significant and 

traditional cultural properties and other places of traditional or religious importance to 

Native American Tribes will be kept confidential to the extent allowed by law. 

CRM-16 Coordinate with Native Americans to manage harvesting areas for the 

collection of medicinal herbs, ceremonial herbs, other vegetation, and/or minerals for 

traditional or ceremonial use (see Section 2.12.4—Vegetative Use Authorization and 

Appendix G for more information).

CRM-17 Evaluate and allocate cultural properties (including cultural landscapes) to one 

of six uses as outlined in BLM’s Land Use Planning Handbook (H-1601-1) and BLM-IB 

No. 2002-101—Cultural Resource Considerations in Resource Management Plans.

2.16.3 Cultural Use Allocation

The BLM evaluates cultural resources according to their current and potential uses (BLM 

Manual Section 8110 for Cultural Resources). Cultural resources are allocated to one or 

more of the following use categories: Scientific Use, Public Use, Traditional Use, 

Conservation for Future Use, Experimental Use, and Discharged from Management. A 

site may be allocated to more than one use category.

Table 2-3 depicts typical use allocations for the various types of cultural resources found 

within the Planning Area. Scientific Use is defined as resources preserved until research 

potential is realized; Conservation for Future Use is defined as resources preserved until 

conditions for use are met; Traditional Use is defined as resources designated for longterm preservation; Public Use is defined as resources designated for long-term 

preservation and on-site interpretation; Experimental Use is defined as resources that 

will be protected until used; and Discharged from Management is defined as resources 

with no use after recordation and not to be preserved. The Plank Road (CA-IMP-4764H) 

is allocated to the Public Use and Conservation for Future Use categories. No cultural 

resources are allocated to the Discharged from Management category at this time. 
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Sites within the Planning Area will typically be allocated to one or more of the use 

categories presented in the table, although specific allocations of individual sites may be 

reevaluated and revised based on changing circumstances, or if any new or existing 

information regarding site attributes comes to light (e.g., site access, physical setting, 

site complexity, Native American consultation, and impacts to the site). In addition, all 

sites within the ACECs and wilderness are allocated to the Conservation for Future Use 

and Traditional Use categories and managed appropriately for that class. 

TABLE 2-3

USE ALLOCATIONS FOR CULTURAL PROPERTIES

Cultural Site Types

Scientific UsePublic UseTraditional UseConservation for Future UseExperimental Use

Lithic Scatters X X X

Ceramic Scatters X X X

Habitation and Temporary Campsites X X X

Ground Stone Scatters X X X

Cairn and Rock Alignments X X X

Trails X X X

Cleared Circle and Rock Rings X X X

Human Remains X X

Historic Trash Scatter and Dumps X X X

Military Encampments X X

Historic Roads X X X

Canals X X X

Railroads X X X

Transmission Lines X X X

2.17 Paleontological Resource Management

Paleontological resources found on public lands are recognized by BLM as constituting a 

fragile and nonrenewable scientific record of the history of life on Earth. They therefore 

represent an important component of America’s natural heritage. All lands within the 

Planning Area have been classified as containing vertebrate fossils.

The BLM manages paleontological resources principally under the following authorities: 

Title VI, Subtitle D of the Omnibus Public Land Management Act, known by its popular 

name, the Paleontological Resources Preservation Act (123 Stat. 1172; 16 USC 470aaa 

et seq.); BLM Manual 8270—Paleontological Resources Management; BLM Handbook 

8270-1—General Procedural Guidance for Paleontological Resources Management;

FLPMA of 1976; NEPA of 1969; the Federal Cave Resources Protection Act of 1988; 
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and various sections of BLMs regulations found in CFR Title 43. BLM policy laid forth in 

these guidelines promotes the scientific, educational, and recreational uses of fossils on 

public lands, mitigates resource conflicts, and develops strategies to regularly monitor 

public lands where important paleontological localities have been identified.

The CDCA Plan’s Cultural Resource Element includes management goals for 

paleontological resources along with those for cultural resources. The following CDCA 

management goals apply to the protection of paleontological resources:

• Ensure that paleontological resources are given full consideration in land-use 

planning and management decisions. 

• Preserve and protect a representative sample of the full array of the CDCA’s 

paleontological resources. 

• Ensure proper data recovery of significant paleontological resources where adverse 

impacts cannot be avoided or otherwise mitigated.

2.17.1 Goals and Objectives 

PRM-01 Protect and conserve significant paleontological resources as they are 

discovered on public lands.

PRM-02 Manage paleontological resources in ways that prioritize research needs, 

facilitate educational and recreational needs, and protect important sites. 

PRM-03 Develop specific objectives and management actions for fossil localities, when 

paleontological resources are discovered in the Planning Area.

2.17.2 Management Actions 

PRM-04 Evaluate paleontological resources as they are discovered, considering their 

scientific, educational, and recreational values. Identify appropriate objectives, 

management actions, and allowable uses for fossil localities as they are found.

PRM-05 Restrict the collection of all vertebrate fossils and invertebrate and plant fossils 

of paleontological interest to legitimate scientific or educational uses in accordance with 

permitting procedures.

PRM-06 Allow recreational collecting of common invertebrate and plant paleontological 

resources, in accordance with the Paleontological Resources Preservation Act. 

PRM-07 Require immediate notification should paleontological resources be 

encountered during project surface-disturbing activities, and cease work in the area of 
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the discovery. Work may not resume until the BLM issues a written authorization to 

proceed.

PRM-08 Although all lands within the Planning Area have been classified as Potential 

Fossil Yield Classification (PFYC) Class 2 (low likelihood for sensitive fossils), a field 

survey by a qualified paleontologist may be required if future information determines or 

indicates the presence of important paleontological resources prior to surface-disturbing 

activities. Management prescriptions for resource preservation and conservation through

controlled access or special management designation could be considered. Surfacedisturbing activities may require an assessment in PFYC Class 2 areas to determine 

further courses of action. Assessment or mitigation in PFYC Class 1 areas will not be 

required except in very rare circumstances.

2.18 Visual Resource Management

The BLM prepares and maintains on a continuing basis an inventory of visual values on 

all public lands in accordance with the VRM system (BLM 1984). The VRM system 

provides a way to identify, evaluate, and determine the appropriate levels of 

management of scenic values. The inventory of visual values has been documented for 

the BLM-administered lands within the Planning Area. The inventory serves as the basis 

for the designation of VRM Classes I-IV, which takes into account other resource uses 

on public lands within the Planning Area. The VRM classes are best defined by their 

goals and objectives, which are described below. The overall goal of VRM analysis is to 

minimize visual impacts through development of mitigating measures. 

The following criteria were used to determine the VRM Class designations for the 

Planning Area: 

• The overall management emphasis intended for each alternative 

• Recognition of all applicable special designations and all land use decisions

• Assertion that other management activities and land uses proposed may be 

achieved within the applicable VRM Class 

• Use of the least restrictive class that still achieves stated goals and objectives

The overarching management goals for visual resources in the Planning Area are 

established by the CDCA Plan’s Recreation Element, as follows: 

• The CDCA has a superb variety of scenic values. The public considers these scenic 

values a significant resource. The BLM recognizes these values as a definable 

resource and an important recreation experience. These visual resources will receive 

consideration in BLM resource management decisions. Many management activities 
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involve alteration of the natural character of the landscape to some degree; the BLM 

will take the following actions to effectively manage for these activities:

1. The appropriate levels of management, protection, and rehabilitation on all public 

lands in the CDCA will be identified, commensurate with visual resource 

management objectives in the multiple-use class guidelines. 

2. Proposed activities will be evaluated to determine the extent of change created in 

any given landscape and to specify appropriate design or mitigation measures 

using the BLM’s contrast rating process.

2.18.1 Goals and Objectives

VRM-01 The RAMP set VRM classes ranging from Class I to IV, and all future projects 

and actions will adhere to the following VRM class objectives as appropriate:

Class I Objective. The objective of this class is to preserve the existing character of the 

landscape. This class provides for natural ecological changes; however, it does not 

preclude very limited management activity. The level of change to the characteristic 

landscape should be very low and must not attract attention.

Class II Objective. The objective of this class is to retain the existing character of the 

landscape. The level of change to the characteristic landscape should be low. 

Management activities may be seen, but should not attract the attention of the casual 

observer. Any changes must repeat the basic elements of form, line, color, and texture 

found in the predominant natural features of the characteristic landscape. 

Class III Objective. The objective of this class is to partially retain the existing character 

of the landscape. The level of change to the characteristic landscape should be 

moderate. Management activities may attract attention, but should not dominate the view 

of the casual observer. Changes should repeat the basic elements found in the 

predominant natural features of the characteristic landscape.

Class IV Objective. The objective of this class is to provide for management activities 

which require major modification of the existing character of the landscape. The level of 

change to the characteristic landscape can be high. These management activities may 

dominate the view and be the major focus of viewer attention. However, every attempt 

should be made to minimize the impact of these activities through careful location, 

minimal disturbance, and repetition of the basic elements.

2.18.2 Management Actions

VRM-02 Incorporate design considerations to minimize potential impacts to public lands’ 

visual values into all surface-disturbing activities, regardless of size. Proponents will be 

encouraged to meet with the BLM personnel to discuss and provide input during the 
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initial planning and design phase to minimize costly redesign and mitigation at a later 

time. 

VRM-03 Evaluate proposed surface-disturbing activities in accordance with BLM VRM 

Handbook H-8431-1 Visual Contract Rating. Conduct a visual contrast analysis to 

ensure that projects meet the VRM class requirements for that area. This visual contrast 

analysis from Key Observation Points will consider the following factors: distance 

(between project and Key Observation Points), angle of observation, length of time the 

proposed project would be in view, relative size or scale, season of use, light conditions, 

recovery time, spatial relationships, atmospheric conditions, and motion. 

VRM-04 Use visual resource design techniques and best management practices to 

mitigate the potential for short- and long-term visual impacts from other uses and 

activities until demonstrated to meet the VRM class objectives.

VRM-05 Designate wilderness as Class I, in accordance with BLM’s national policies.

VRM-06 Encourage retrofitting of existing facilities to comply with the VRM Class 

objectives for that area by working in partnership with existing right-of-way holders (such 

as communication sites). Incorporate mitigation measures, such as repainting existing 

facilities, and carefully locating and designing new facilities (such as by using 

topographic screening) to minimize their contrast with the characteristic landscape.

VRM-07 Designate ACECs as Class II or in some cases as Class III. Designate Class III 

and IV to areas with high potential for renewable resource uses, areas that are managed 

for high recreational value, and other areas which continue to be managed primarily for 

habitat values, regardless of scenic quality.

VRM-08 Manage the Planning Area according to the VRM Classification shown on Map 

2-2. VRM Class acres are listed in Table 2-4 below.

TABLE 2-4

VRM CLASSES WITHIN ISD PLANNING AREA

VRM Class Acres

I (acres)1 26,098

II (acres) 104,739

III (acres) 69,055

IV (acres) 15,039

Total 214,930

1

The acreages identified for VRM Class I represent the digital 

boundaries of the wilderness. These acreages may not 

coincide completely with those designated by Congress.
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2.19 Special Designations and Lands with 

Wilderness Characteristics

Special Designations for BLM-administered lands within the Planning Area include the 

North Algodones Dunes Wilderness and three ACECs (Map 2-3). In addition, the 

Planning Area has been inventoried for lands with wilderness characteristics. 

Wilderness is designated by Congress. Through the planning process, the BLM may 

designate ACECs and identify lands with wilderness characteristics following the criteria 

outlined in law (FLPMA), regulations (43 CFR 1610.7-2), and policy (Handbook 1601; IM 

2011-54).

The CDCA Plan, under the ACEC Program, provides the following management goals:

• Identify and protect the significant natural and cultural resources requiring special 

management attention found in BLM-administered lands in the CDCA.

• Provide for other uses in the designated areas, compatible with the protection and 

enhancement of the significant natural and cultural resources.

• Systematically monitor the preservation of the significant natural and cultural 

resources on BLM-administered lands, and the compatibility of other allowable uses 

with these resources.

2.19.1 Wilderness

The North Algodones Dunes Wilderness includes 26,098 acres of BLM-administered 

public lands. This wilderness was established through the California Desert Protection 

Act of 1994. Wilderness is designated by Congress and wilderness areas are managed 

according to the Wilderness Act (16 USC 1131-1136, 78 Stat. 890), specific legislation 

such as the California Desert Protection Act of 1994, regulations for wilderness 

management at 43 CFR 6300, Wilderness Management Policy (BLM 1981), and BLM 

manual MS-6340. 

2.19.1.1 Goals and Objectives

WIL-01 Provide for the long-term protection and preservation of the area’s wilderness 

character. The area’s naturalness and untrammeled condition, opportunities for solitude, 

opportunities for primitive and unconfined types of recreation, and any ecological, 

geological, or other features of scientific, educational, scenic, or historic value will be 

managed so that they remain unimpaired. 
!

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Vista Mine

Road

78

Sidewinder Road

Niland-Glamis Road

Canal Road

E

A

S

T

M

E S A

Walker Way

Ogilby Road

Ted Kipf Road

Gecko

Rd

Union Pacific Railroad

M E X I C O

98

Holtville

Glamis

0 2 4 6 8

Miles £

Planning Area Visual Resource Management

Class I

Class II

Class III

Class IV

California State Office

Sacramento, California

(916) 978-4400

www.ca.blm.gov

Date Prepared: 5/31/2013

Project: Map2-2_VRM

US Department of the Interior

BUREAU OF LAND MANAGEMENT

MAP 2-2: Visual Resource Management The Bureau of Land Management makes no

warranties, implied or expressed, with respect

to information shown on this map.

Bureau of Land Management

El Centro Field Office

June 2013

IMPERIAL SAND DUNES U.S. DEPARTMENT OF THE INTERIOR

RECREATION AREA MANAGEMENT PLAN _(

!

Planning

Area

C A L I F O R N I A

Sacramento
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THIS PAGE IS INTENTIONALLY BLANK.
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Vista Mine

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78

Sidewinder Road

Niland-Glamis Road

Canal Road

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A

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Walker Way

Ogilby Road

Ted Kipf Road

Gecko

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Chocolate Mountains

Aerial Bombing and Gunnery Range

US Naval

Reserve

US Naval

Reserve

INDIAN PASS

WILDERNESS

PICACHO PEAK

WILDERNESS

NORTH ALGODONES

DUNES WILDERNESS

Holtville

East Mesa ACEC

Plank Road ACEC

Glamis

0 2 4 6 8

Miles £

Planning Area

Designated ACEC

Land Status

Bureau of Land Management

Bureau of Land Management Wilderness

Military

State

Private Lands

California State Office

Sacramento, California

(916) 978-4400

www.ca.blm.gov

Date Prepared: 5/31/2013

Project: Map2-3_SpDes

US Department of the Interior

BUREAU OF LAND MANAGEMENT

MAP 2-3: Special Designations The Bureau of Land Management makes no

warranties, implied or expressed, with respect

to information shown on this map.

Bureau of Land Management

El Centro Field Office

June 2013

IMPERIAL SAND DUNES U.S. DEPARTMENT OF THE INTERIOR

RECREATION AREA MANAGEMENT PLAN _(

!

Planning

Area

C A L I F O R N I A

Sacramento
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WIL-02 Meet minimum requirements necessary for the administration of the area for the 

purpose of the Wilderness Act and the California Desert Protection Act (including 

measures required in emergencies involving the health and safety of persons within the 

area).

2.19.1.2 Management Actions 

WIL-03 Continue to provide monitoring, signing, and restoration as necessary.

WIL-04 Allow proposed activities (e.g., surface-disturbing activities) in wilderness per the 

Wilderness Act or California Desert Protection Act if:

• The proposed action is conforming or nonconforming by accepted use specifically 

permitted in wilderness areas by the Wilderness Act and subsequent laws in a 

manner that will prevent unnecessary or undue degradation of an area’s wilderness 

character.

• The proposed activity complies with Section 106 of the National Historic Preservation 

Act including documentation and—where applicable—consultation has been 

completed with the SHPO and federally recognized tribes.

• The proposed activity complies with Section 7 of the Endangered Species Act and 

that compliance has been completed and documented in consultation with USFWS.

WIL-05 Expand access by improving staging areas at wilderness access points.

WIL-06 Provide new informational kiosks at wilderness access points.

WIL-07 Comply with management provisions provided for by law or policy, including:

• Wilderness is withdrawn from mineral entry, mineral leasing, and mineral sales.

• No use of motor vehicles, motorized equipment, or other form of mechanical 

transport. 

• No structure or installation within these areas. 

• Administrative structures (e.g., trail markers or informational kiosks) and use of 

vehicles and structures will be the minimum necessary for the administration of these 

areas.

• Prescribed fire may be used: 1) to reintroduce or maintain the natural condition of a 

fire-dependent ecosystem, 2) to restore fire where past strict fire control measures 

had interfered with natural ecological processes, 3) where a primary value of a given 

wilderness would be perpetuated as a result of burning, or 4) where it would 

perpetuate threatened and endangered species.
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2.19.2 Lands with Wilderness Characteristics

Lands outside of designated wilderness or wilderness study areas are assessed during 

the planning process to determine if they possess one or more wilderness 

characteristics, such as naturalness, opportunities for solitude, and/or primitive and 

unconfined recreation. The inventory and evaluation conducted for the ISD Planning 

Area met the requirements of FLPMA, Title II, Sections 201 and 202. Considering 

wilderness characteristics in the land use planning process may result in several 

outcomes, including, but not limited to the following: 1) emphasizing other multiple uses 

as a priority over protecting wilderness characteristics; 2) emphasizing other multiple 

uses while applying management restrictions (conditions of use, mitigation measures) to 

reduce impacts to wilderness characteristics; 3) the protection of wilderness 

characteristics as a priority over other multiple uses (see the BLM Land Use Planning 

Handbook 1601-1, Appendix C, subparagraph K, Wilderness Characteristics).

Management of lands with wilderness characteristics is part of BLM’s multiple use 

mandate and is recognized within the spectrum of resource values and uses within the 

ISD Planning Area. Lands with wilderness characteristics were defined for this RAMP as 

areas:

• Having been affected primarily by the forces of nature with the imprint of human work 

substantially unnoticeable 

• Having outstanding opportunities for solitude or a primitive and unconfined type of 

recreation; and potentially containing ecological, geological, or other features of 

scientific, educational, scenic, or historical value

The BLM-administered public lands in the Planning Area were inventoried for lands with 

wilderness characteristics for this RAMP/CDCA Plan Amendment. The inventory found 

that 42,083 acres of BLM-administered public lands possessed one or more wilderness 

characteristics and were contained in a parcel identified as Wilderness Characteristic 

Unit (WCU) 1. The area’s west boundary follows the edge of the dune system, whereas 

the east boundary follows Wash Road adjacent to the Union Pacific Railroad tracks. The 

north and south boundaries indicate the limit of substantially noticeable impacts resulting 

from OHV use. The WCU 1 is completely surrounded by public lands and has a 640-

acre section of private lands in the middle. Although WCU 1 may be traversed by a 

limited number of OHVs in the winter and small portions of the landscape include trails 

which are 20- to 50-foot-wide strips devoid of vegetation, the area appears essentially 

untrammeled by humans.

The Final EIS, Section 3.13.2 contains a summary of the inventory process and the 

results of the wilderness characteristics inventory.
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2.19.2.1 Goals and Objectives

LWC-01 Lands identified as possessing wilderness characteristics will be managed to 

protect their open space values and for the use and enjoyment of the public. In addition, 

these lands augment multiple-use management of adjacent and nearby lands through 

the protection of wildlife habitat, natural plant communities, and similar natural values.

2.19.2.2 Management Actions

LWC-02 Allow motorized recreation per OHV use allocations.

LWC-03 Protect resource values that are present on the lands through prescriptions of 

the recreation management zones for that area.

LWC-04 WCU 1 will be managed under Open, Open/No Camping, and Resource 

Protection Recreation Management Zones (see Section 2.24.3.2—Recreation 

Management Zones of this chapter).

LWC-05 WCU 1 is unavailable for solar and wind energy development (see maps in 

Section 2.23.2.4.2).

LWC-06 WCU 1 is not available for mineral leasing, mineral material sales, or free use 

permits.

LWC-07 Lands within WCU 1 are to be retained and are not available for disposal (sale 

or exchange). 

2.19.3 Areas of Critical Environmental Concern

The guidance for ACEC designation is included in FLPMA and the BLM planning 

regulations. ACECs must meet the relevance and importance criteria in 43 CFR 1610.7-

2(b) and must require special management (43 CFR 1601.0-5[a]) to protect the area and 

prevent irreparable damage to resources or natural systems as well as to protect life and 

promote safety in areas where natural hazards exist.

Areas qualifying for consideration as ACECs must have substantial significance and 

value, including qualities of more than local significance and special worth, 

consequence, meaning, distinctiveness, or cause for concern. The values for which 

ACECs are designated are considered the highest and best use for those lands and 

protection of those values will take precedence over multiple uses. 

2.19.3.1 General ACEC Goals and Objectives

ACE-01 ACECs provide protection for relevant and important special status species, 

wildlife, scenic, and significant cultural resources values.
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2.19.3.2 General ACEC Management Actions 

ACE-02 Ensure land use authorizations approved in ACECs are consistent with the 

actions presented in Section 2.26—Lands and Realty Management of this chapter.

ACE-03 Ensure mineral management actions authorized in ACECs are consistent with 

the actions presented in Section 2.23—Minerals Management of this chapter.

ACE-04 Exclude public lands within ACECs to wind and solar energy development. 

Exclusion areas are defined as areas that are not available for location of rights-of-way 

under any conditions.

ACE-05 Retain ACECs in public ownership and seek to acquire non-federal lands and 

interests in lands within the ACECs from willing sellers by purchase, exchange, or 

donation. Future acquisitions of in-holdings and edgeholdings will be managed in 

accordance with the designated ACEC. See Land Tenure in Section 2.26.1 for additional 

information.

ACE-06 Allow treatment for hazardous fuels and non-native invasive or pest species.

ACE-07 Prohibit wood collection in all ACECs.

ACE-08 Allow traditional use by Native Americans consistent with Vegetative Use 

Authorization.

ACE-09 Monitor resources within the ACECs to detect change and prevent future 

deterioration.

ACE-10 Perform restoration treatments where damage has occurred or where it will 

reduce vehicle incursions.

2.19.3.3 ACEC-specific Goals and Objectives

ACE-11 The Plank Road ACEC was established to protect the remaining portions of the 

Plank Road, which are extremely susceptible to damage, particularly from OHV 

recreation.

ACE-12 The East Mesa ACEC contains wildlife values which require special 

management attention (a significant portion of flat-tailed horned lizard habitat is in the 

ACEC), and cultural resources requiring special management attention may also be 

present. These values are potentially threatened by visitor use and energy development 

within the ACEC and were considered in need of protection.
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2.19.3.4 ACEC-specific Management Actions 

ACE-13 Retain the 416-acre Plank Road ACEC to protect cultural resources and other 

resource values. 

ACE-14 Reduce acreage of the East Mesa ACEC from 6,454 acres to 5,802 acres in 

order to eliminate overlap with the ISD SRMA east of the New Coachella Canal. 

ACE-15 The original North Algodones Dunes ACEC is removed because it overlaps the 

North Algodones Dunes Wilderness. BLM strives to manage the area to the highest 

protection possible and to avoid administrative overlap. 

2.20 Mineral Resource Management 

The BLM manages mineral resources in accordance with BLM’s National Mineral Policy, 

General Mining Law of 1872, as amended, various mineral leasing acts (for leasable 

minerals), FLPMA (43 USC 1701 et seq.), Minerals Act of 1947 (for salable minerals), 

implementing regulations (43 CFR 3700 and 3800), the Energy Policy Act, and the 

National Energy Policy (both of these as they relate to geothermal energy). Development 

of mineral resources from public lands managed by the BLM is directed by Congress 

through various enabling laws under three general categories: locatable minerals 

(General Mining Law of 1872, as amended), leasable minerals (subject to the various 

Mineral Leasing Acts), and salable minerals (subject to mineral materials disposed of 

under the Materials Act of 1947, as amended). 

The general goals for mineral resources under the CDCA Plan’s Geology, Energy, and 

Mineral Resources Element are to: 

• Assure the availability of known mineral resource lands for exploration and 

development within the multiple-use management framework.

• Encourage the development of mineral resources in a manner which satisfies 

national and local needs and provides for economically and environmentally sound 

exploration, extraction, and reclamation processes.

• Develop a mineral resource inventory; geology, energy, and minerals resources

database; and professional, technical, and managerial staff knowledgeable in 

mineral exploration and development.

2.20.1 Locatable Minerals 

Minerals subject to location under the General Mining Law of 1872 (30 USC 22, et seq.; 

as amended) include metallic minerals such as gold, silver, copper, lead, zinc, and 

uranium; non-metallic minerals such as asbestos, barite, gypsum, and mica; and 
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uncommon varieties of stone (43 CFR 3800). The General Mining Law of 1872 allows 

citizens and those declaring intent to become citizens of the United States the right to 

enter upon public lands and reserve interests for the purposes of exploration and 

development of minerals subject to the mining law. Appropriation of a mineral deposit is 

made by location of a mining claim. No rights under the mining laws can be exercised by 

a claimant until a discovery of a valuable mineral deposit has been made within the 

boundaries of the mining claim. 

Exploration and development must be conducted in accordance with all applicable laws, 

regulations, and policies, and in conformance with the approved land-use plan. 

Restrictions and stipulations may be applied to a proposed activity based on review and 

analysis by the authorized officer. 

All activity is managed under the authority of the regulations at 43 CFR 3809 (public 

lands and wilderness) and 43 CFR 3802 (wilderness study areas). Authorization is 

based on the level of disturbance and whether the activity is conducted in a special 

designation area. Casual use activities—such as panning for gold, prospecting, and 

monumentation of mining claims—are authorized by the regulations where disturbance 

will be nominal. No approval is required from the authorized officer of the BLM. Where 

exploration activities would cause more than nominal disturbance and surface 

disturbance is five acres or less, a notice is required to be reviewed by the authorized 

officer of the BLM to assure that unnecessary or undue degradation would not occur to 

public lands or resources. 

BLM manages to protect sensitive resources by defining protective prescriptions in landuse planning that are to be applied in any approval of activities. Where mineral 

development activity would adversely affect sensitive resource values, the BLM may 

petition (to the Assistant Secretary for Land and Minerals Management) for withdrawal 

an area from the operation of the mining laws. Withdrawals greater than 5,000 acres 

must have congressional review and approval.

The BLM must make public land and resources available for prospecting and location of 

valuable (locatable) mineral deposits to meet local, regional, and national needs for 

metals and industrial minerals, and protect sensitive resource values. 

2.20.1.1 Goals and Objectives

MIN-01 Provide opportunities for exploration, location, and development of mining claims 

and sites while preventing unnecessary or undue degradation of public lands and 

resources.
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2.20.1.2 Management Actions 

MIN-02 Consolidate, through land tenure adjustments, surface and subsurface 

(minerals) estates under single ownerships when possible, thereby improving 

manageability of the federal lands involved. Consolidate split-estate pursuant to Sections 

205 and 206 of FLPMA. 

MIN-03 Require a notice prior to conducting any exploration—defined as the search for 

and collection of geochemical, rock, soil, or mineral specimens using mechanized and/or 

motorized earth moving equipment—when removing less than 1,000 tons of presumed 

ore for testing, and causing surface disturbance of less than 5 acres.

MIN-04 Require mining plans of operations for any explorations that would remove 1,000 

tons or more of presumed ore for testing and/or result in surface disturbance greater 

than 5 acres, any operations that would result in greater than negligible surface 

disturbance, and operations that would use any mechanized or motorized earth moving 

equipment. A plan of operations must be approved by the authorized officer of the BLM 

and may be subject to stipulations to assure conformance with the land-use plan.

MIN-05 Require an investigation and a report to determine the validity of the mining 

claim prior to approval of a mining plan of operations in withdrawn areas where the 

mining claim predates the withdrawal.

MIN-06 Require a mining plan of operations in any special designation in accordance 

with existing 43 CFR 3809 regulations. 

MIN-07 Mining activities will be in compliance with all State of California reclamation 

requirements, particularly the Surface Mining and Reclamation Act. 

MIN-08 Congressionally designated wilderness is legislatively withdrawn from all forms 

of entry, appropriation, or disposal under the public land laws.

MIN-09 Maintain ACEC(s) as open to mineral entry under the Mining Law, subject to 

Section 7 and Section 106 consultations.

MIN-10 Maintain the ISD SRMA, excluding wilderness, as open to mineral entry under 

the Mining Law, subject to Section 7 and Section 106 consultations.

2.20.2 Leasable Minerals

Leasable minerals include fluid energy mineral deposits such as oil, gas, coal bed 

methane, carbon dioxide (CO2), and geothermal resources, as well as solid energy and 

industrial minerals such as coal, sodium, and potash. Although not a leasable mineral, 

helium is included in this category, because it is typically associated with CO2

exploration and development (43 CFR 3100 and 43 CFR 3200). 
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Laws and regulations applicable to federal leasing in the Planning Area include:

• Mineral Leasing Act of 1920 as amended and supplemented 

• Acquired Lands Mineral Leasing Act of 1947 

• Mining and Minerals Policy Act of 1970 

• Federal Onshore Oil and Gas Leasing Reform Act of 1987 

• 43 CFR 3100 (Oil and Gas Leasing)

• 43 CFR 3200 (Geothermal Resources Leasing) 

• BLM Manual Series 3100—Onshore Oil and Gas Leasing (and handbooks)

The BLM defines geothermal resources as renewable energy fluid minerals that can be 

developed after obtaining a lease from BLM. Regulations and policy applicable to 

geothermal leasing of federal minerals in the Planning Area include but are not limited to 

the Geothermal Steam Act of 1970, 43 CFR 3200, and the Programmatic EIS for 

Geothermal Leasing in the Western United States (BLM 2008a). The Geothermal Steam 

Act authorizes the Secretary of the Interior to make disposition of geothermal steam and 

associated geothermal resources and for other purposes. This Act allows the Secretary 

to issue leases for development and associated geothermal resources on public, 

withdrawn and acquired lands administered by the Department of the Interior. 

Geothermal Resources Leasing on the other hand is controlled by laid down guidelines 

in 43 CFR 3200.

The lease is a right to access and develop mineral resources contained within the 

boundaries of the leased area in compliance with the lease terms and in conformance 

with appropriate local, state, and federal laws and regulations. Where information is 

necessary to classify lands as valuable to the public for minerals subject to the leasing 

laws, prospecting permits may be authorized before leases would be approved. Where 

mineral deposits subject to leasing are known to be valuable, BLM may offer to lease 

through competition. Competitive leasing is required for all oil and gas. Leases are 

typically termed for 20 years and are extended as long as in producing status. A 

payment of an annual rental and or a royalty for minerals produced is made to the U.S. 

by the lessee. 

In some situations where sensitive resource values occur, a lease may be issued with a 

no surface occupancy requirement. This requirement must assure that the mineral 

deposit on the lease could be developed by means of off-site development.

A determination that lands are available for leasing represents a commitment to allow 

surface use under standard terms and conditions, unless stipulations constraining 
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development are attached to leases. When applying leasing restrictions, the least 

restrictive constraint to meet the resource protection objective will be used. 

For reserved mineral interests on private land, leasing of federal mineral estate on lands 

where the surface is not held by the federal government will be done in accordance with 

federal law, regulations, and policy guidance. The surface owner will be notified prior to 

lease and given the opportunity to comment. 

2.20.2.1 Goals and Objectives

MIN-11 Provide opportunities for mineral leasing while preventing unnecessary or undue 

degradation of public lands. 

2.20.2.2 Management Actions 

MIN-12 Map 2-4 shows land available for geothermal minerals leasing within the 

Planning Area. For geothermal leasing, 35,115 acres are available, 139,691 acres are 

not available, and 14,025 acres are available, but with a no surface occupancy 

stipulation.

MIN-13 In highly sensitive areas, where special stipulations are not sufficient to protect 

surface resource values, including recreation, special status species, and special 

designations, stipulations for no surface occupancy for leasable mineral development 

may be attached to the lease, in addition to no surface occupancy stipulations outlined in 

this plan.

MIN-14 Manage consistent with the Flat-tailed Horned Lizard Range-wide Management 

Strategy.

MIN-15 Classify the flat-tailed horned lizard management area as available for 

geothermal leasing, but with a no surface occupancy stipulation.

MIN-16 Classify the one-mile-wide planning zone surrounding the SRMA (excluding flattailed horned lizard management area) as available for geothermal minerals leasing.

MIN-17 Exclude donated lands from geothermal minerals leasing.

MIN-18 Exclude ISD SRMA from geothermal minerals leasing.

MIN-19 Prohibit surface occupancy within critical habitat, ACEC(s), other special area 

designations, and camping and staging areas.

MIN-20 Wilderness is not available for minerals leasing.
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2.20.3 Salable Minerals

Salable minerals include construction materials such as sand, gravel, cinders, decorative 

rock, and building stone as described in 43 CFR 3600. Laws and regulations applicable 

to salable minerals on public lands in the Planning Area include:

• Acquired Lands Mineral Leasing Act of 1947

• Mineral Materials Act of 1947 as amended 

• FLPMA; and 43 CFR Part 3600

• Surface Resources Act of 1955

• BLM Handbook H3042-1—Solid Minerals Reclamation Handbook 

• BLM Manual and Handbook 3600 

Disposal of mineral materials from BLM-administered lands requires either a sales 

contract or a free use permit from the appropriate BLM office. Disposal of mineral 

materials is authorized in accordance with appropriate laws, regulations, and policies in 

conformance with the approved land use plan and if disposal is determined to be in the 

public interest. Use of public lands and resources for salable mineral development 

cannot be allowed, if not in the public interest and if such action would result in 

unnecessary or undue degradation to public lands or resources.

Public lands will be available for disposal of salable mineral materials at the discretion of 

the authorized officer.

2.20.3.1 Goals and Objectives

MIN-21 Prevent unnecessary or undue degradation of public lands.

MIN-22 Respond appropriately to increasing demand for mineral materials in the 

Planning Area.

MIN-23 Provide mineral materials on a case-by-case basis for infrastructure 

development.

2.20.3.2 Management Actions

MIN-24 Issue mineral material sales or free use permits on a case by case basis in the 

approximate one-mile-wide planning zone around the ISD SRMA consistent with 

applicable land use plans.

MIN-25 Prohibit mineral sales or free use permits within the ISD SRMA.
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Canal Road

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A

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E S A

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Ogilby Road

Ted Kipf Road

Gecko

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US Naval

Reserve

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INDIAN PASS

WILDERNESS

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WILDERNESS

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DUNES WILDERNESS

Holtville

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Planning Area

Lands Available for Geothermal

Minerals Leasing

Lands Available for Geothermal Minerals

Leasing with No Surface Occupancy

Lands not Available for

Geothermal Minerals Leasing

Land Status

Bureau of Land Management

Bureau of Land Management Wilderness

Military

State

Private Lands

California State Office

Sacramento, California

(916) 978-4400

www.ca.blm.gov

Date Prepared: 5/31/2013

Project: Map2-4_GeoT

US Department of the Interior

BUREAU OF LAND MANAGEMENT

MAP 2-4: Lands Available for Geothermal Minerals Leasing The Bureau of Land Management makes no

warranties, implied or expressed, with respect

to information shown on this map.

Bureau of Land Management

El Centro Field Office

June 2013

IMPERIAL SAND DUNES U.S. DEPARTMENT OF THE INTERIOR

RECREATION AREA MANAGEMENT PLAN

_(

!

Planning

Area

C A L I F O R N I A

Sacramento

El Centro
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THIS PAGE IS INTENTIONALLY BLANK.
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2.21 Recreation Resource Management

There are several regulations, laws, policies, and guidelines that authorize and direct 

BLM recreation management activities. Section 202(c)(9) of FLPMA provides to the 

extent consistent with law governing the administration of the public lands, BLM is to 

coordinate the land use inventory, planning, and management activities of or for the 

public lands with the land use planning and management programs of other federal, 

state, tribal, and local governments, including statewide outdoor recreation plans. This 

coordination is to occur through the BLM’s consideration of the policies of approved 

state and tribal land resource management programs, among other considerations. The 

BLM is directed, to the extent practical, to assure that consideration is given to state, 

local and tribal plans germane to the development of public land use plans, and assist in 

resolving, again to the extent practicable, inconsistencies between the federal and nonfederal plans. Public land use plans are to be consistent with state and local plans to the 

maximum extent the Secretary of the Interior finds consistent with federal law and the 

purposes of FLPMA. 

Recreation within the Planning Area is also managed under the National Management 

Strategy for Motorized OHV Use on Public Lands (BLM 2001), under the Recreation 

Element of the CDCA Plan, and is consistent with the goals of the CDCA Plan 

Recreation Element. FLPMA’s implementing regulations and the Federal Lands 

Recreation Enhancement Act (Public Law 108-447) enable the BLM to collect Special 

Recreation Permit fees.

The CDCA Plan provides overall management direction for all public lands in the CDCA. 

The CDCA Plan’s Recreation Element lists the following management goals: 

• Provide for a wide range of quality recreation opportunities and experiences 

emphasizing dispersed undeveloped use.

• Provide a minimum of recreation facilities. These facilities should emphasize 

resource protection and visitor safety.

• Manage recreation use to minimize user conflicts, provide a safe recreation 

environment, and protect desert resources.

• Emphasize the use of public information and education techniques to increase public 

awareness, enjoyment, and sensitivity to desert resources.

• Adjust management approach to accommodate changing visitor use patterns and 

preferences.

• Encourage the use and enjoyment of desert recreation opportunities by special 

populations, and provide facilities to meet the needs of these groups.
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2.21.1 Goals and Objectives

The majority of visitation to the Planning Area is associated with motorized camping and 

OHV recreation. However, other recreational activities such as hunting, hiking, wildflower 

and wildlife viewing, bird watching, photography, and commercial uses also occur to a 

lesser degree. As such, the majority of public lands within the Planning Area have 

recreation opportunities that can be appropriately managed while conserving natural, 

biological, and cultural resources as prescribed by the BLM’s multiple-use mission and 

planning documents.

REC-01 This recreation and visitor services blueprint (based on the BLM National 

Recreation and Visitor Services program) for the future also sets three primary goals for 

the BLM recreation program: 

• Improve access to appropriate recreation opportunities on BLM-managed lands.

• Ensure a quality experience and enjoyment of natural, biological, and cultural 

resources on BLM-managed lands.

• Provide for and receive fair value in recreation.

REC-02 To meet the specific needs and changing demands of recreation visitors and 

changes in BLM recreation management, a BLM California-specific Recreation and 

Visitor Services Strategy was completed in 2008 (BLM 2008c). The strategy outlined a 

framework with specific goals, objectives, and actions to be implemented. The three 

primary goals of the document were designed to increase public land stewardship 

through consistent and coordinated management of the BLM California recreation 

program in order to achieve the best possible balance of recreational uses and land 

health standards statewide. The three primary goals are to:

• Set a framework for achieving sustainable experiences and quality of life outcomes 

for individuals, communities, and the environment.

• Sustain diversity, distinctive character, and capacity of BLM recreation settings.

• Increase the economic stability and sustainability of the BLM California recreation 

program.

REC-03 The seven main objectives for BLM recreation management in California are to:

1. Manage for recreation experiences and quality of life.

2. Encourage sustainable travel/tourism collaborations.

3. Fair value and return through fees and commercial services.

4. Establish a comprehensive approach to travel management.
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5. Public health and safety and improve accessibility.

6. Enhance and expand visitor services.

7. Encourage and sustain collaborative partnerships.

2.21.2 General Management Actions 

REC-04 Develop or retrofit facilities to accommodate visitation and meet agency 

requirements.

REC-05 Design all new facilities to meet the social needs of the visitors and the 

management needs of the BLM.

REC-06 Provide a minimum number of recreational facilities. Those facilities should 

emphasize resource protection and visitor safety. 

REC-07 Determine if existing facilities meet accessibility standards, management 

objectives, and desired future conditions. Existing facilities deemed critical will be 

maintained and/or modified to be accessible, to the extent possible, and safe for visitor 

use. Facilities not meeting management objectives and accessibility standards will be 

considered for removal.

REC-08 Collect recreation fees.

REC-09 Collect Special Recreation Permit fees for commercial and non-commercial 

activities under the authority of the Federal Lands Recreation Enhancement Act (Public 

Law 108-447, Section 804) and other applicable regulations and BLM policy. 

REC-10 Conduct a visitor survey to provide public input on safety, natural, biological, 

and cultural resources concerns, and management of the Planning Area. Implement a 

visitor and OHV recreation survey.

REC-11 Work cooperatively with the OHV community, the environmental community, 

and other local, state, and federal agencies to develop and implement interpretive and 

public relations programs about issues and resources related to the Planning Area.

REC-12 Develop and maintain educational programs which may include on-the-ground 

improvements such as signs and interpretative kiosks, partnerships, and educational 

materials throughout the Planning Area as funding allows. 

REC-13 Provide quality informational and interpretive materials and programs to 

enhance the visitor’s knowledge of the Planning Area’s flora, fauna, historic, 

recreational, and other significant resources and opportunities. Emphasize the use of 

public information and education techniques to increase public awareness, enjoyment, 

and sensitivity to desert resources.
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REC-14 Consider utilization of concessionaire(s) to manage certain activities and uses 

in the Planning Area within the framework of the ISD RAMP.

REC-15 Develop ways of using concessions to help maintain or operate recreation 

areas. 

REC-16 Protect at-risk cultural and historical resources from recreational damage as 

needed throughout the Planning Area. Work together with new and existing groups to 

foster partnerships that accomplish BLM goals and objectives.

REC-17 Prohibit collection of wood for home heating purposes.

REC-18 Prohibit burning wood with non-combustible items (pallets). 

REC-19 Maintain and/or develop volunteer campground host program in appropriate 

areas.

REC-20 Prohibit vending in all areas closed to OHV recreation and in limited use areas.

REC-21 Create an environment to promote the health and safety of visitors, employees, 

and nearby residents by working with local, state, and federal agencies and interest 

groups.

REC-22 Manage recreational uses to minimize user conflicts, provide a safe recreation 

environment, and protect desert resources. 

REC-23 Engage communities, including key enthusiasts, in the resolution of health and 

safety issues/other conflicts at BLM recreational sites or areas. 

REC-24 Improve capacity to inform visitors about safety concerns (e.g., facilities, fire), 

environmental conditions, and emergency situations, both on-site and by using webbased and other technologies. 

REC-25 Work with law enforcement officers and public affairs staff when possible to 

publicize vandalism and convictions.

REC-26 Maintain involvement in community-based planning to address mutual needs 

including communities (all local governments), service-providing businesses, and the 

BLM. 

REC-27 Engage chamber of commerce/tourism groups, outdoor businesses, heritage 

organizations, outfitters, other private recreation providers, and organized groups for 

ideas and ways to disseminate information regarding suitable visitor destinations on 

public lands, maps, and user ethics. 
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REC-28 Develop and maintain partnerships that fulfill local needs while balancing 

recreational demands in administering public lands.

REC-29 Continue and enhance partnerships with other federal and state agencies, such 

as the Department of Defense, California State Parks, and California Department of Fish 

and Wildlife. 

REC-30 Adjust management approach to accommodate changing visitor use patterns 

and preferences. 

REC-31 Continue working with the business community, organized recreation groups, 

outfitters, communities, and interested individuals to instill a sense of pride and caring for 

public lands. 

REC-32 Expand visitor education regarding a “pack it in, pack it out” policy. Continue to 

educate the public regarding Leave No Trace or Tread Lightly! ethics. 

REC-33 Use alternative funding sources (such as Safe Accountable Flexible Efficient 

Transportation Equity Act: A Legacy for Users) to partner with local groups to further 

transportation planning.

REC-34 Allow camping and OHV recreation within the Dunebuggy Flats Campground.

REC-35 Allow camping and OHV recreation within some of the microphyll woodlands 

south of State Route 78 and north of Interstate 8.

REC-36 Prohibit camping within the microphyll woodlands south of Wash 33 and north 

of Wash 70. OHV recreation will continue to be allowed in this area.

2.21.3 Recreation Management Areas

The BLM identifies SRMAs where the resources of the public lands attract visitors from 

one of the three following recreation markets: 

Public lands with a demonstrated community recreation–tourism market will be managed 

as a Community SRMA. A Community SRMA is managed in collaboration with the local 

community to primarily benefit the local residents.

Public lands with a demonstrated destination recreation–tourism market will be managed 

as a Destination SRMA. A Destination SRMA is managed as a regional or national 

destination through collaborative partnerships.

Public lands with a demonstrated undeveloped recreation–tourism market will be 

managed as an Undeveloped SRMA. An Undeveloped SRMA is managed to maintain 

dispersed and undeveloped recreation opportunities.
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The ISD will be managed as a Destination SRMA. The ISD SRMA encompasses 

164,209 acres (including the North Algodones Dunes Wilderness) of BLM-administered 

lands (Map 2-5). This RAMP also addresses the area one mile beyond and parallel to 

the ISD SRMA boundary, encompassing 50,722 acres of BLM-administered lands (see 

Map 2-5). 

2.21.3.1 Imperial Sand Dunes SRMA 

REC-37 The ISD SRMA boundaries are the U.S.–Mexico border to the south, the 

Coachella Canal to the west (for the most part), the Union Pacific Railroad to the east 

(along with portions of Ogilby Road and the All-American Canal), and the Mammoth 

Wash area to the north where the dunes terminate (see Map 2-5).

REC-38 The ISD SRMA will be managed as a nationally unique resource for dunebased recreation opportunities. The BLM will continue to provide recreation opportunities 

for the public throughout the ISD SRMA by following the goals and objectives in the 

2008 BLM California Recreation and Visitor Services Strategy.

2.21.3.1.1 Management Actions 

REC-39 Provide a variety of sustainable OHV and other recreational activities.

REC-40 Develop, continue, and/or improve recreation monitoring to provide accurate 

and consistent data in order to make sound management decisions.

REC-41 Provide a quality recreational experience for OHV enthusiasts in the ISD SRMA.

REC-42 Manage the ISD SRMA as a regional or national destination through

collaborative partnerships to promote the continued use of the lands for these activities.

REC-43 Manage the ISD SRMA as a nationally unique resource for dune-based 

recreation opportunities.

REC-44 Assure the conservation of recreation diversity to provide a spectrum of 

opportunities to meet the diverse tastes and preferences of the public. 

REC-45 Provide for a wide range of quality recreation opportunities and experiences 

emphasizing facility-based and dispersed undeveloped use.

REC-46 Encourage the use and enjoyment of desert recreation opportunities by special 

populations and provide facilities to meet the needs of those groups.

REC-47 Collaborate with communities and constituencies to inventory and administer 

setting character to maintain a diversity of settings across the entire spectrum of 

recreation experiences, which include motorized recreation uses such as motorcycling,
!

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Vista Mine

Road

78

Sidewinder Road

Niland-Glamis Road

Canal Road

E

A

S

T

M

E S A

Walker Way

Ogilby Road

Ted Kipf Road

Gecko

Rd

Union Pacific Railroad

M E X I C O

98

Chocolate Mountains

Aerial Bombing and Gunnery Range

US Naval

Reserve

US Naval

Reserve

INDIAN PASS

WILDERNESS

PICACHO PEAK

WILDERNESS

NORTH ALGODONES

DUNES WILDERNESS

Holtville

Glamis

0 2 4 6 8

Miles £

Planning Area

SRMA

Land Status

Bureau of Land Management

Bureau of Land Management Wilderness

Military

State

Private Lands

California State Office

Sacramento, California

(916) 978-4400

www.ca.blm.gov

Date Prepared: 5/31/2013

Project: Map2-5_SRMA

US Department of the Interior

BUREAU OF LAND MANAGEMENT

MAP 2-5: Special Recreation Management Area (SRMA) The Bureau of Land Management makes no

warranties, implied or expressed, with respect

to information shown on this map.

Bureau of Land Management

El Centro Field Office

June 2013

IMPERIAL SAND DUNES U.S. DEPARTMENT OF THE INTERIOR

RECREATION AREA MANAGEMENT PLAN

_(

!

Planning

Area

C A L I F O R N I A

Sacramento

El Centro
2.0 ISD RAMP and CDCA Plan Amendment

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four-wheeling, OHVs, and driving for pleasure; non-motorized recreation experiences 

such as hiking, horseback riding, and backpacking; and heritage tourism options that 

maintain the integrity of cultural, paleontological, and natural history and historical 

locations while interpreting the stories of these important places. 

REC-48 Implement and monitor plan objectives to ensure that benefits, experiences, 

maintenance of recreation setting character, and land health standards are met. 

REC-49 Continue to partner and collaborate with gateway communities and other 

partners to increase support, and strengthen economies for BLM recreational 

destinations. 

REC-50 Identify opportunities for companies and community businesses to sponsor 

projects that achieve management objectives, maintain recreational character, and meet 

land health standards. 

REC-51 Identify sustainable tourism opportunities and work with local communities, 

partners, historic interest groups, and the tourism community to sustain and promote 

education about, and enjoyment, and protection of those opportunities. 

REC-52 Expand the adoption of recreation areas by partners and volunteers, by 

including them in the planning process as well as in implementing actions and assisting 

with ongoing maintenance. 

REC-53 Continue to work closely with other agencies, local communities, and groups to 

support and promote the Watchable Wildlife program. 

Primary Market Strategy 

REC-54 The primary market strategy for the ISD SRMA is to target demonstrated 

destination recreation–tourism market demand for specific activity, experience, and 

benefit opportunities. 

Partnerships and Coordination

REC-55 The BLM will coordinate with local and gateway communities, Native American 

tribes and groups, California SHPO, Imperial County, California Department of Fish and 

Wildlife, USFWS, U.S. Border Patrol, California State Parks, California State Lands 

Commission, local public health and safety organizations, other law enforcement 

entities, and various non-governmental organizations.
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Environmental Education Needs

REC-56 The BLM supports the Tread Lightly! and Leave No Trace national programs 

and promotes responsible OHV recreation, hunting ethics, and natural, biological, and 

cultural resource ethics. BLM will provide information about recreation, natural, cultural, 

and historical resources, and other points of interest.

2.21.3.2 Recreation Management Zones

Within each SRMA, BLM also allocates Recreation Management Zones. A Recreation 

Management Zone represents public lands with a distinctive recreation niche (activities, 

experiences, and benefits) within each SRMA. The BLM will focus management, 

funding, and planning within the SRMA and its Recreation Management Zones to work 

towards stated Recreation Management Goals and Objectives. 

The allocation of the SRMA and Recreation Management Zones provides the Planning 

Area with an activity-level planning framework for recreation management. 

REC-57 Recreation Management Zones are presented in Table 2-5 and Map 2-6. 

TABLE 2-5

RECREATION MANAGEMENT ZONES WITHIN PLANNING AREA 

(ACRES)

Recreation Management Zone Acres

Open 127,416

Resource Protection 9,046

Limited 52,370

North Algodones Dunes Wilderness 26,098

Total 214,930

Note: Inconsistencies in acres may be due to GIS data and rounding.

2.21.3.2.1 Open Recreation Management Zone

Goals and Objectives

REC-58 The Open Recreation Management Zone is managed for OHV and other 

motorized recreational opportunities while conserving natural, biological, and cultural 

resources. 

Recreation Niche: The Open Recreation Management Zone consists of two types of 

opportunities, camping and expansive sand dune OHV recreation. The camping areas 

are destination points off several roads and highways, including Interstate 8, Ogilby 

Road (S34), and State Route 78, which accommodate large, motorized camping units 

such as recreational vehicles, toy haulers, semi-truck/trailer combinations, fifth wheel 
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Ogilbly

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Gecko

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§ ̈¦8

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Sidewinder Road

Niland-Glamis Road

Canal Road

E

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Ogilby Road

Ted Kipf Road

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Chocolate Mountains

Aerial Bombing and Gunnery Range

US Naval

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US Naval

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INDIAN PASS

WILDERNESS

PICACHO PEAK

WILDERNESS

NORTH ALGODONES

DUNES WILDERNESS Glamis

Holtville

0 2 4 6 8

Miles £

Planning Area

!P Ranger Station

# Campgrounds

Recreation Management Zones (RMZ)

Open RMZ

Open RMZ - No Camping

Limited RMZ - Designated Routes of Travel Only

Limited RMZ - No Camping

Resource Protection RMZ

North Algodones Dunes Wilderness Area RMZ

Land Status

Bureau of Land Management

Bureau of Land Management Wilderness

Military

State

Private Lands

California State Office

Sacramento, California

(916) 978-4400

www.ca.blm.gov

Date Prepared: 5/31/2013

Project: Map2-6_RMZ

US Department of the Interior

BUREAU OF LAND MANAGEMENT

MAP 2-6: Recreation Management Zones The Bureau of Land Management makes no

warranties, implied or expressed, with respect

to information shown on this map.

Bureau of Land Management

El Centro Field Office

June 2013

IMPERIAL SAND DUNES U.S. DEPARTMENT OF THE INTERIOR

RECREATION AREA MANAGEMENT PLAN

_(

!

Planning

Area

C A L I F O R N I A

Sacramento

El Centro
2.0 ISD RAMP and CDCA Plan Amendment

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trailers, and others. The OHV recreation area encompasses the large and small sand 

dunes where visitors operate their OHV for recreation.

Primary Activities: Camping and OHV recreation.

Experiences: OHV recreation, risk and challenge, camping (socializing with friends and 

family), watching OHV activity, commercial vending, reading, walking, and photography. 

Interactions between visitors may be high. Developed entry and access roads, 

intensified motorized recreation. 

Benefits: Personal: Increased opportunities for visitors to appreciate open spaces 

through motorized and non-motorized recreation. Improves quality of life for visitors 

through health and fitness, stress reduction, and mental well-being. Promotes selfreliance and self-confidence through improved skills and knowledge. Enhanced sense of 

freedom, personal adventure, and appreciation of nature.

Household & Community: Increased natural and historical appreciation from regional 

tourism. Increased opportunity for positive social interactions—including family bonding, 

OHV community, and stewardship of the public lands.

Economic: Increased local and regional tourism. Increased local and regional tax 

revenue and employment opportunities.

Environment: Reduced impacts to more sensitive natural, biological, and cultural 

resources by managing OHV recreation in areas identified by BLM.

2.21.3.2.2 Resource Protection Recreation Management Zone

Goals and Objectives

REC-59 The Resource Protection Recreation Management Zone is managed for its 

natural qualities to provide opportunities for expansive non-motorized recreational 

activities.

Recreation Niche: The Resource Protection Recreation Management Zone 

accommodates non-motorized recreation. Recreation may occur in the form of hiking, 

photography, and wildlife viewing. This Recreation Management Zone provides the 

opportunity for environmental education through non-motorized exploration and 

observation of native plant and animal species. 

Primary Activities: Hiking, wildlife viewing, photography.

Experiences: Hiking, wildlife viewing, and environmental education opportunities. 

Interactions between visitors may be low. No entry and access roads. 
2.0 ISD RAMP and CDCA Plan Amendment

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Benefits: Personal: Increased opportunities for visitors to appreciate open spaces 

through non-motorized recreation. Improves quality of life for visitors through health and 

fitness, stress reduction, and mental well-being. Promotes self-reliance, and selfconfidence through improved skills and knowledge. Enhanced sense of freedom, 

personal adventure, and appreciation of nature.

Household & Community: Increased natural and historical appreciation. Increased 

opportunity for positive social interactions, including family bonding and stewardship of 

the public lands. 

Economic: Increased regional tourism revenues.

Environment: Reduced impacts to sensitive natural, biological, and cultural resources by 

reducing OHV recreation areas.

2.21.3.2.3 Limited Recreation Management Zone

Goals and Objectives

REC-60 The Limited Recreation Management Zone is managed for its limited motorized 

recreational opportunities and for natural qualities. There are three potential types of 

limited opportunities in the Recreation Management Zone (limited OHV use, camping, 

and environmental education and tourism). The Limited Recreation Management Zone is 

is the public land in the approximately one-mile-wide planning zone surrounding the ISD 

SRMA. This Recreation Management Zone incorporates the existing NECO and WECO 

plan decisions that allow OHV travel on designated routes identified in the NECO and 

WECO plans.

Recreation Niche: The seasonal restriction Limited Recreation Management Zone area 

can be accessed from Interstate 8 to the Dunebuggy Flats camping area. The NECO 

and WECO Limited Recreation Management Zone areas can be accessed from several 

points, including Interstate 8, Ogilby Road, and State Route 78. The area between the 

old and new Coachella canals can be accessed from Interstate 8 and State Route 78. 

These areas within the Limited Recreation Management Zone provide the opportunity for 

environmental education through several interpretive kiosks in addition to offering 

camping and limited use OHV recreation. 

Primary Activities: Camping and OHV recreation.

Experiences: Limited use OHV recreation (travel limited to designated routes of travel 

or areas with seasonal restrictions under specific conditions), camping, environmental 

education, and tourism opportunities. Interactions between users may be low. 

Developed entry and access roads, limited motorized recreation, and extensive sand 

dunes. 
2.0 ISD RAMP and CDCA Plan Amendment

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ROD and RAMP/CDCA Plan Amendment 

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Benefits: Personal: Increased opportunities for visitors to appreciate open spaces 

through limited motorized recreation. Improves quality of life for visitors through health 

and fitness, stress reduction, and mental well-being. Promotes self-reliance, and selfconfidence through improved skills and knowledge. Enhanced sense of freedom, 

personal adventure, and appreciation of nature.

Household & Community: Increased natural and historical appreciation from regional 

tourism. Increased opportunity for positive social interactions, including family bonding, 

OHV community, and stewardship of the public lands. 

Economic: Increased regional tourism.

Environment: Reduced impacts to more sensitive natural, biological, and cultural 

resources by managing OHV recreation into areas identified by BLM.

2.21.3.2.4 North Algodones Dunes Wilderness Recreation 

Management Zones

Goals and Objectives

REC-61 The North Algodones Dunes Wilderness Recreation Management Zone is 

managed to sustain its wilderness character and provide for non-motorized recreation 

opportunities.

Recreation Niche: The North Algodones Dunes Wilderness Recreation Management 

Zone is an accessible destination point north of State Route 78 that accommodates nonmotorized recreation. Recreational use may occur in the form of hiking and photography. 

This Recreation Management Zones provides the opportunity for environmental 

education as well as informational kiosks, in addition to offering non-motorized 

recreation. 

Primary Activities: Hiking, camping, photography.

Experiences: Camping, hiking, and environmental education opportunities. Interactions 

between users may be low. Developed entry and access roads, and scattered nonmotorized recreational use. 

Benefits: Personal: Increased opportunities for visitors to appreciate open spaces 

through non-motorized recreation. Improves quality of life for visitors through health and 

fitness, stress reduction, and mental well-being. Promotes self-reliance, and selfconfidence through improved skills and knowledge. Enhanced sense of freedom, 

personal adventure, and appreciation of nature.
2.0 ISD RAMP and CDCA Plan Amendment

Page 2-94 Imperial Sand Dunes

ROD and RAMP/CDCA Plan Amendment 

June 2013

Household & Community: Increased natural and historical appreciation. Increased 

opportunity for positive social interactions, including family bonding and stewardship of 

the public lands. 

Economic: Increased regional tourism revenues.

Environment: Reduced impacts to sensitive natural, biological, and cultural resources 

within the wilderness.

2.22 Transportation and Public Access

Managing access to and across public lands is a vital task for BLM under the authority of 

43 CFR 8342.1. OHV use is an important component of recreational use in the ISD 

Planning Area. To better describe all aspects of travel management, OHV use is 

discussed in this section rather than in the recreation section. 

Among the goals of the CDCA Plan for motorized vehicle access are 

1. Provide for constrained motorized vehicle access in a manner that balances the 

needs of all desert users, private landowners, and other public agencies. 

2. Avoid adverse impacts to desert resources to the degree possible, when 

designating or amending areas or routes for motorized vehicle access. 

The BLM designates public land areas as open, limited, or closed to the use of off-road

vehicles (also referred to as OHVs in this document) under a variety of authorities, 

including but not limited to FLPMA, Executive Orders 11644 and 11989, and the 

designation criteria found in 43 CFR 8342. This section also discusses travel 

management designations carried over from the existing NECO and WECO plan 

amendments. The NECO plan decisions have been in place since 2002 and the WECO 

decisions since 2003. Route designations from these plans were developed to minimize 

impacts to federally listed and BLM sensitive species, including the desert tortoise and 

flat-tailed horned lizard. These route designation decisions from the NECO and WECO 

plans remain unchanged, and management decisions of those plans will continue to be 

implemented in the ISD RAMP.

Although the CDCA Plan does not have any formal management goals for 

transportation, the Motorized Vehicle Access Element states, “Based on implementation 

priorities, BLM will, with assistance from the public, determine which routes in [multiple 

use] Class L and M areas need to be closed or limited in some other way. Route 

approval will be based on these considerations” (BLM 1999).
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June 2013

2.22.1 OHV Management Area Designations

TPA-01 This RAMP/CDCA Plan amendment designates all BLM-administered public 

lands within the Planning Area as open, closed, or limited to motorized use. OHV 

management areas are presented in Table 2-6 and Map 2-7. Definitions for limited, 

open, and closed area designations are established in 43 CFR 8340.0-5 (f), (g), and (h), 

respectively and described below. 

TABLE 2-6

OHV MANAGEMENT AREA DESIGNATIONS WITHIN 

THE PLANNING AREA (ACRES1

)

Designation Acres

Open 127,416

Closed 35,144

Limited 52,370

Total Acres 214,930

1

BLM-administered acres within the Planning Area. 

Note: Inconsistencies in acres may be due to GIS data and 

rounding.

Open areas are areas where all types of vehicle use are permitted at all times, 

anywhere in the area subject to the operating regulations and vehicle standards set forth 

in 43 CFR 8341 and 8342. 

Limited areas are restricted at certain times, in certain locations, and/or to certain 

vehicular use. These restrictions may be of any type, but can generally be 

accommodated within the following categories: numbers of vehicles, types and sizes of 

vehicles, time or season of vehicle use, permitted or licensed use only, use on existing 

roads and trails, use on designated roads and trails, limited to administrative use only, 

and other restrictions. In accordance with the CDCA Plan, as amended, stopping, 

parking, and vehicle camping is allowed within 300 feet of the centerline of a route, 

except within sensitive areas (such as ACECs), where the limit will be 100 feet, and 

within the Flat-tailed Horned Lizard Management Area, where the limit will be 50 feet. 

This will be monitored on a continuing basis. If monitoring results show effects that 

exceed limits of acceptable change, the distance allowed for motorized vehicles to pull 

off from a designated route may be modified. This plan will continue to be consistent with 

the CDCA Plan, as amended, including continuing implementation of management 

decisions in the existing NECO and WECO plans.

Closed areas are areas where motorized vehicle use is prohibited. Use of OHVs in 

closed areas may be allowed for administrative or emergency purposes; however, such 

use will be made only with the approval of the authorizing officer. Congressionally 

designated wilderness is statutorily closed to motorized and mechanized use, except for 

purposes specifically provided for by law.
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2.22.2 Routes of Travel 

The routes of travel decisions currently existing in the one-mile-wide planning zone of 

the Planning Area were developed through the NECO (BLM 2002) and WECO (BLM 

2003a) CDCA Plan amendments and the designation criteria found in 43 CFR 8342.1. 

The NECO and WECO plan decisions do not change within the ISD RAMP Planning 

Area and are incorporated in this plan to maintain consistency and for management 

efficiency. The NECO and WECO plans were developed to protect federally listed 

threatened or endangered species and promote their recovery, as well as minimize 

impacts to other special status plant and animal species. Decisions in these plans 

include reducing OHV routes and areas open to camping in sensitive species habitat; 

improved signing; increased law enforcement; and restoration and monitoring of closed 

routes. These decisions from the NECO and WECO plans are carried forward in this 

RAMP. The efforts to minimize impacts to these resources are documented in the 

description of alternatives, affected environment, and environmental consequences 

chapters of the plan amendments and their associated environmental analysis 

documents. In addition, the NECO Plan includes biological parameters to minimize 

harassment of wildlife and disruption of habitats from OHV route designations. See 

NECO Chapter 2, Section 2.5.2 Table 2-11. These plan amendments are included by 

reference. These routes of travel (Map 2-8) are within designated limited use areas.

TPA-02 Routes of travel within the OHV limited use area surrounding the ISD SRMA 

have been designated as open routes, except for Gray’s Well Road, Luis Aguilar Road, 

Wash Road, and Gecko Road, which are limited to street-legal vehicles only. To 

minimize impacts to sensitive species, stopping, parking, and camping along the open 

routes in the Flat-tailed Horned Lizard Management Area is limited to within 50 feet on 

either side of the route centerline. Routes within the ISD SRMA, excluding the 

wilderness, have also been designated as open, except for Gray’s Well Road, Luis 

Aguilar Road, Wash Road, and Gecko Road, which are limited to street legal vehicles 

only. Open routes are available to motorized vehicles. Limited routes may have 

additional limitations on use including vehicle size, vehicle type, and season of use. 

Closed routes will be closed to motorized vehicles, including OHVs, but open to biking, 

hiking, and equestrian use. Table 2-7 provides the total mileage of open and limited 

routes in the Planning Area, and Map 2-8 illustrates the locations of the various routes of 

travel2. Although discussed here, the route designation decisions contained in the 

NECO and WECO land use plan amendments remain unchanged and are not subject to 

appeal. The routes of travel that are within the ISD SRMA, and not included in the 

existing NECO and WECO plan areas, are subject to appeal. Also see Appendix B of 

this document for information related to the routes of travel appeals process. 

 

2Routes of travel are an implementation-level decision and do not require a plan amendment to 

change.
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Ted Kipf Road

Gecko

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M E X I C O

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Chocolate Mountains

Aerial Bombing and Gunnery Range

US Naval

Reserve

US Naval

Reserve

INDIAN PASS

WILDERNESS

PICACHO PEAK

WILDERNESS

NORTH ALGODONES

DUNES WILDERNESS Glamis

Holtville

0 2 4 6 8

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Planning Area

!P Ranger Station

# Campgrounds

Off-Highway Vehicle (OHV) Management Areas

Open to OHV Use

Open to OHV Use - No Camping

Limited OHV Use

Limited OHV Use - No Camping

Closed to OHV Use

Land Status

Bureau of Land Management

Bureau of Land Management Wilderness

Military

State

Private Lands

California State Office

Sacramento, California

(916) 978-4400

www.ca.blm.gov

Date Prepared: 5/31/2013

Project: Map2-7_OHV

US Department of the Interior

BUREAU OF LAND MANAGEMENT

MAP 2-7: OHV Management Areas The Bureau of Land Management makes no

warranties, implied or expressed, with respect

to information shown on this map.

Bureau of Land Management

El Centro Field Office

June 2013

IMPERIAL SAND DUNES U.S. DEPARTMENT OF THE INTERIOR

RECREATION AREA MANAGEMENT PLAN

_(

!

Planning

Area

C A L I F O R N I A

Sacramento

El Centro
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Ted Kipf Road

Gecko

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Union Pacific Railroad

M E X I C O

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Chocolate Mountains

Aerial Bombing and Gunnery Range

US Naval

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INDIAN PASS

WILDERNESS

PICACHO PEAK

WILDERNESS

NORTH ALGODONES

DUNES WILDERNESS Glamis

Holtville

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Miles £

Planning Area

Roadways

Routes of Travel

!P Ranger Station

# Campgrounds

Land Status

Bureau of Land Management

Bureau of Land Management Wilderness

Military

State

Private Lands

California State Office

Sacramento, California

(916) 978-4400

www.ca.blm.gov

Date Prepared: 5/31/2013

Project: Map2-8_Routes

US Department of the Interior

BUREAU OF LAND MANAGEMENT

MAP 2-8: Routes of Travel in the Planning Area The Bureau of Land Management makes no

warranties, implied or expressed, with respect

to information shown on this map.

Bureau of Land Management

El Centro Field Office

June 2013

IMPERIAL SAND DUNES U.S. DEPARTMENT OF THE INTERIOR

RECREATION AREA MANAGEMENT PLAN

_(

!

Planning

Area

C A L I F O R N I A

Sacramento

El Centro
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TABLE 2-7

ROUTES OF TRAVEL (MILES)

Route Name Miles 

Gray’s Well Road 4.49

Luis Aguilar Road 0.49

Wash Road 5.69

Gecko Road 6.39

Other (unpaved) 174.31

Total Miles 191.37

2.22.2.1 Goals and Objectives

TPA-03 Ensure that the BLM minimizes impacts to identified sensitive cultural, natural, 

biological, and visual resources.

TPA-04 Ensure that the BLM continues to provide essential motorized access to nonfederal lands, prior existing rights on BLM lands, and private in-holdings surrounded by 

BLM lands.

TPA-05 Ensure that the BLM continues to provide adequate motorized access for the 

maintenance of wildlife guzzlers and for dispersed recreation activities such as hunting.

TPA-06 Ensure that the BLM provides for a wide variety of recreational opportunities 

(e.g., hiking, OHV recreation, horseback riding, and commercial activities).

TPA-07 Reduce or halt the unauthorized incursions into closed areas. 

2.22.2.2 Management Actions for Designated Routes of Travel 

To minimize impacts to sensitive resources, reduce conflicts between users, and provide 

for visitor safety, the following will apply to designated routes and surrounding lands 

within the Planning Area:

TPA-08 Maintain, and where necessary, improve Wash Road.

TPA-09 Allow primary motorized vehicle travel only on designated routes. Emergency 

vehicles may use a drivable wash to access a site. Where no roads exist, vehicles could 

be authorized on a case-by-case basis to travel cross-country to avoid the need for road 

building, with appropriate environmental analysis. 

TPA-10 Ensure that designated routes within the Planning Area are adequately signed 

and mapped for public use.
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TPA-11 Where new roads are considered in the future, roadbeds will be no wider than 

needed for reliable access. Proposed new roads will be considered only after 

appropriate environmental analysis and will use BLM specifications and best 

management practices to minimize impacts to resources and reduce erosion. 

TPA-12 Reduce vehicle incursions or trespass on closed routes or in closed areas by 

restoring lands to their pre-disturbance conditions as rapidly as funding permits. 

Sensitive resources in immediate danger or those that have been damaged by linear 

disturbances will be a high priority for restoration. Typically, the restoration will be limited 

to that portion of the route of trespass that is in line of sight from an open route. Each 

route will be evaluated on a case-by-case basis, and the most appropriate method of 

restoration will be used based on geography, topography, soils, hydrology, and 

vegetation. The methods of restoration will include:

• Not repairing washed-out routes

• Using natural barriers, such as large boulders

• Using rocks and dead and downed wood to obscure the route entryway

• Employing mulching, chipping, and raking to disguise evidence of routes

• Ripping up the route bed and reseeding with vegetation native to that area

• Utilizing fences or barriers

• Providing signage, including information to OHV users, on the need and value of 

resource protection

• Converting closed motorized two-track routes into non-motorized single track routes

2.23 Lands and Realty Management 

The lands and realty management program consists of four distinct parts: land tenure, 

land use authorization (including solar and wind energy), withdrawals, and utility 

corridors. Land tenure focuses on disposing of and acquiring lands or interests in lands. 

Public lands will be retained in federal ownership, unless as a result of land use planning 

it is determined that disposal of a particular parcel would serve the national interest. 

Land use authorization focuses on public demand requests for rights-of-way, permits, 

leases, and easements.

As used in the lands and realty program, a withdrawal removes an area of federal land 

from settlement, sale, location, or entry under some or all of the general land laws 

(including the Mining Law of 1872) for the purpose of limiting activities under those laws 

to maintain other public values in the area or reserving the area for a particular public 

purpose or program. Withdrawals are also used to transfer jurisdiction over an area of 

federal land from one department, bureau, or agency to another. 
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An energy corridor is a linear strip that has been identified through the land use planning 

process as being a preferred location for existing and future utility rights-of-way and that 

is suitable to accommodate one or more rights-of-way which are similar, identical, or 

compatible.

The lands and realty management program administers public lands within a framework 

of numerous laws and regulations. The most comprehensive of these is FLPMA which, 

along with implementing regulations, enables BLM to accomplish a variety of land 

actions, including but not limited to sales, withdrawals, acquisitions, exchanges, leases, 

permits, easements, and rights-of-way. In 1988, FLPMA was amended by the Federal 

Land Exchange Facilitation Act (102 Stat. 1087), which established uniform rules and 

regulations for appraisals, procedures, and guidelines for the resolution of appraisal 

disputes in the exchange process.

Other applicable laws and policies include:

• Mineral Leasing Act of 1920 (30 USC 185) as amended: BLM issues rights-of-way 

for oil and natural gas pipelines and related facilities pursuant to Section 28 of the 

Mineral Leasing Act.

• Recreation and Public Purposes Act, as amended: The act of June 14, 1926, as 

amended (43 USC 869 et seq.), is used primarily for providing land to fulfill the need 

for public services (parks, monuments, schools, community buildings, hospitals, 

sanitary landfills) due to urban expansion.

• Airport and Airway Improvement Act of 1982 (49 USC 2215): The act provides for the 

conveyance of BLM-administered lands to public agencies for use as airports and 

airways.

• Federal Highway Acts: Various federal highway acts codified in 23 USC, Sections 17 

and 317 and the current Interagency Agreement also apply to lands and realty 

management.

• Federal Land Transaction and Facilitation Act 114 Stat. 613; 43 USC 2301 et seq.) of 

July 25, 2000: The Federal Land Transaction and Facilitation Act amended FLPMA 

to allow retention by the BLM of receipts received from the sale of land or interests in 

land under Section 203 of FLPMA or conveyance of mineral interest under Section 

209(b) of FLPMA, as long as the applicable land use plan was completed prior to 

July 25, 2000.

• The National Energy Policy Act of 2005 and Executive Order 13423, dated January 

24, 2007 provide direction to federal agencies to take appropriate actions to expedite 

the review of energy-related right-of-way projects, support renewable energy 
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development on federal lands (including wind energy), and improve efficiencies in 

the processing of right-of-way applications.

The CDCA Plan does not have any formal management goals for the lands and realty 

program.

2.23.1 Land Tenure

2.23.1.1 Disposal

All land disposal actions are discretionary with emphasis on the evaluation of whether 

such lands are: 1) manageable, 2) needed for any particular federal purpose, or 3) better 

suited to serving the public. Exchanges are used for disposal to assure an optimum final 

land ownership pattern and provide better overall land management. Sales will be 

considered where more efficient. Sales are primarily competitive or modified competitive. 

Disposal of these lands will be made on a case-by-case basis and will be accomplished 

by the most appropriate disposal authority.

Public lands are to be retained in federal ownership, unless it is determined that disposal 

of a particular parcel will serve the national interest (FLPMA Section 102(a)(1)).

Land Available for Disposal 

LRM-01 No lands will be available for disposal within the Planning Area.

2.23.1.2 Acquisition

Purchase and donations of lands are a key mechanism for land acquisition. Lands or 

interest in lands (including easements) may be acquired by BLM through purchase, 

exchange, or donation. Section 205 of FLPMA authorizes the Secretary of the Interior 

(delegated to BLM) to acquire non-federal lands or interests in lands pursuant to FLPMA 

by purchase, exchange, or donation. 

Currently, the BLM is actively acquiring flat-tailed horned lizard habitat as mitigation for 

impacts to lost habitat resulting from several projects, including the Arizona State 

Highway project, Drop 2 Water Reservoir, and the All-American Canal lining. 

Compensation monies are being used to make the purchases of lands from willing 

sellers. Sections of land, or portions thereof, which are in various stages of the 

acquisition process, lie within the Planning Area and, upon successful acquisition, will be 

managed in accordance with this RAMP.

LRM-02 Currently pending land acquisitions equal 6,603 acres.
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2.23.1.2.1 Goals and Objectives

LRM-03 Lands or interest in lands (including easements) to be acquired must either:

• Facilitate access to public lands and resources

• Maintain or enhance public uses and values

• Facilitate implementation of this Proposed RAMP/CDCA Plan amendment and Final 

EIS

• Provide for a more manageable land ownership pattern

• Include significant natural or cultural resource values

2.23.1.2.2 Management Actions 

LRM-04 Manage all acquired lands in accordance with the approved land use and 

planning decisions for surrounding or adjacent BLM-administered lands.

LRM-05 Consolidate split-estate pursuant to Sections 205 and 206 of FLPMA. 

LRM-06 Any lands acquired by the BLM will include both the surface and subsurface 

(minerals) estate when possible and will be managed in accordance with the approved 

land use decisions for the surrounding area. 

2.23.2 Land Use Authorizations

2.23.2.1 Leases/Permits/Easements

The BLM will strive to increase and diversify our nation’s sources of both traditional and 

alternative energy resources, improve our energy transportation network, and ensure 

sound environmental management in accordance with the President’s National Energy 

Policy. Section 302 of FLPMA gives the Secretary of the Interior broad authority to 

manage public lands “through easements, permits, leases, licenses, published rules, or 

other instruments.”

Leases, permits, or easements will be considered and issued under applicable laws and 

regulations pursuant to regulations found at 43 CFR 2900. Issuance of leases, permits, 

or easements is a discretionary action. These authorizations may include but are not 

limited to airport leases; Recreation and Public Purposes Act leases; and leases, 

permits, or easements (e.g., film permits, apiary permits) considered or issued under 43 

CFR 2920.

Public land is subject to application for community expansion needs under a wide variety 

of public land laws. Community expansion needs will continue to be handled on a case-
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by-case basis in accordance with the appropriate authority. BLM will use federal lands 

for community expansion needs such as airports, parks, hospitals, and community 

centers pursuant to applicable laws and regulations.

An easement is defined as the right to use another landowner’s real estate for a specific 

purpose. The most common type of easement is the right to travel over another 

landowner's land, known as a right-of-way. In addition to rights-of-way, the BLM may 

commonly grant easements for the placement of utility poles, utility trenches, water lines, 

or sewer lines. The owner of property that is subject to an easement is said to be 

"burdened" with the easement, because the allowed use may not be interfered with.

2.23.2.1.1 Goals and Objectives

LRM-07 Manage recreational and commercial activities within the Planning Area to 

accommodate visitor needs, improve visitor experience, and—where consistent with 

management goals—allow economic benefits for local and regional communities.

LRM-08 Maintain public access to BLM-administered lands through easements when 

needed.

LRM-09 Be responsive to public demand for leases, permits, and easements on a caseby-case basis, consistent with management prescriptions.

LRM-10 Land is not available for leasing for residential purposes.

2.23.2.1.2 Management Actions 

LRM-11 Consider leases, permits, and easements on a case-by-case basis to meet 

public demand consistent with exclusion and avoidance areas identified by alternative.

2.23.2.2 Right-of-way Permits

Under the authorities of FLPMA (1976) and the Mineral Leasing Act of 1920, BLM grants 

right-of-way permits to qualified individuals, businesses, and government entities for use 

of public lands.

Title V of FLPMA, as amended, states that BLM is authorized to grant, issue, or renew 

right-of-way permits over, upon, under, or through lands for various uses. The uses that 

will be authorized by right-of-way permits issued pursuant to FLPMA will include access 

roads, power lines, telephone lines, fiber-optic systems, communications facilities, and 

water and sewer pipelines.

The BLM may also allow the use of the public lands or interests in lands through 

issuance of right-of-way permits pursuant to Mineral Leasing Act. Examples of uses that 
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would be authorized by right-of-way grants issued pursuant to the Mineral Leasing Act 

would include crude oil pipelines and oil and gas pipelines.

2.23.2.2.1 Goals and Objectives

LRM-12 Be responsive to public demand for rights-of-way on a case-by-case basis, 

consistent with management prescriptions.

2.23.2.2.2 Management Actions 

LRM-13 Locate new major rights-of-way in designated corridors, unless an evaluation of 

the project shows that locating outside of a designated corridor is the only practicable 

alternative.

2.23.2.3 Communication Sites 

Public lands may be designated for use as communications sites. BLM communications 

sites accommodate the wireless systems referred to in the Telecommunications Act of 

1996 as well as many other uses, including radio broadcast facilities, commercial mobile 

radios, private mobile radios, and microwaves on designated communications sites. 

Communication sites are issued as rights-of-way or as communication use leases under 

FLPMA, per 43 CFR 2800 and 2920. Emphasis will be placed on consolidating single 

facility sites into more efficient communication facilities through site development plans.

There are three existing communication sites in the Planning Area: Dunes Vista 

Communication Site, Dunebuggy Flats Communication Site, and Ogilby Communication 

Site. Map 2-9 displays the locations of existing communication sites. 

2.23.2.3.1 Goals and Objectives

LRM-14 When practicable, consolidate future proposed facilities within existing 

communication sites, consistent with management proscriptions.

2.23.2.3.2 Management Actions 

LRM-15 Ensure any application for proposed facilities at existing communication sites is 

compatible with other uses at the site existing at the time of application.

LRM-16 Consider applications for new communication sites outside the three existing 

sites on a case-by-case basis emphasizing co-location and subleasing of facilities, 

consistent with management proscriptions. 

2.23.2.4 Renewable Energy (Solar and Wind)

This section addresses renewable energy development not discussed in the Minerals 

section. The potential for renewable (solar and wind) energy in the Planning Area is 
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based on environmental, physical, economic, and social criteria, in conjunction with 

policy directives. BLM’s general policy is to facilitate environmentally responsible 

commercial development of solar-energy projects on public lands and use solar energy 

systems on BLM facilities where feasible. 

Statutes and regulations applicable to wind energy development on public lands in the 

Planning Area include FLPMA and 43 CFR 2800. As stated in Executive Order 13212, 

an energy project streamlining process requires expediting production, transportation, 

and conservation of energy.

Wind-energy projects will comply with Instruction Memorandum 2009-043, the Wind 

Energy Development Policy, and best management practices outlined in Attachment A in 

the Wind Energy Development Program ROD (BLM 2005c). The Final Programmatic 

EIS on Wind Energy Development on BLM-administered Lands in the Western United 

States (BLM 2005b) and the BLM and Department of Energy’s Solar Final Programmatic 

EIS are tiered to and thereby incorporated by reference. The RAMP excludes some 

areas from solar energy development where those areas are bordered by exclusion 

areas in the Solar Programmatic EIS. Lands made available for solar development under 

this RAMP will be administered as variance lands, in accordance with the Solar 

Programmatic EIS ROD; BLM 2012.

The BLM will strive to increase and diversify our nation’s sources of both traditional and 

alternative energy resources, improve our energy transportation network, and ensure 

sound environmental management in accordance with the President’s National Energy 

Policy (National Energy Policy Development Group 2001).

Regulations and policy applicable to solar arrays on public lands in the Planning Area 

include FLPMA, 43 CFR 2800, Instruction Memorandum 2011-003 Solar Energy 

Development Policy, subsequent BLM policies for both solar and wind energy 

development, Instruction Memoranda 2011-059 through 2011-061, and the policies 

adopted by the Solar Programmatic EIS ROD. 

Additionally, Department of Defense entities in the State of California requested that the 

BLM provide them with early notification of proposed renewable energy development on 

public lands. The objective of this early coordination is to provide an opportunity for the 

Department of Defense to coordinate and consult with the BLM to inform BLM of the 

Department of Defense’s concerns with the proposed renewable energy development 

project as it may relate to current and future military training missions including: military 

operating areas, military training routes, air space, and ground access.

For proposed renewable energy development, it is critical that this notification and 

coordination occur at the earliest possible stage (e.g., when permits for wind testing are 

being considered by BLM). Early coordination can help identify proposed wind energy 
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Date Prepared: 5/31/2013

Project: Map2-9_Util

US Department of the Interior

BUREAU OF LAND MANAGEMENT

MAP 2-9: Utility Corridors and Communication Sites The Bureau of Land Management makes no

warranties, implied or expressed, with respect

to information shown on this map.

Bureau of Land Management

El Centro Field Office

June 2013

IMPERIAL SAND DUNES U.S. DEPARTMENT OF THE INTERIOR

RECREATION AREA MANAGEMENT PLAN

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projects which may impact current and future military operations before an applicant 

invests large amounts of money or time in a project. Early involvement by the military 

would also alert an applicant to a project posing a challenge to military operations and 

mission. It would also help to identify changes in a proposed project and/or mitigation 

which would minimize impacts to current and future military operations. Changes may 

include reducing the number of wind turbines proposed for the area or relocating 

proposed individual wind turbines or solar power towers to minimize interference with 

military training routes.

2.23.2.4.1 Goals and Objectives

LRM-17 Provide for the production and distribution of renewable energy, consistent with 

management of the recreation area and prescriptions.

2.23.2.4.2 Management Actions 

LRM-18 Make land available for renewable energy development consistent with 

applicable laws, regulations, and policy and in accordance with the approved land use 

and planning decisions.

LRM-19 Use BLM Wind Energy Development Program Policies and best management 

practices established in Attachment A of the ROD (BLM 2005c) for all site-specific wind 

development projects. 

LRM-20 Use BLM and Department of Energy’s Solar Programmatic EIS ROD for all sitespecific solar development projects. Projects within the Planning Area will be 

administered as variance lands under the policies and processes described in the Solar 

Programmatic EIS ROD.

LRM-21 Use State of California Best Management Practices and Guidance Manual: 

Desert Renewable Energy Projects, for development of renewable energy projects in the 

Planning Area. The BLM and other Renewable Energy Action Team agencies authored 

the manual. The BLM may modify these best management practices as necessary over 

time.

LRM-22 Land available for lease for solar energy development within the Planning Area 

includes: 27,606 acres available as variance lands; no avoidance areas; and 161,226 

acres excluded (Map 2-10).

LRM-23 Land available for lease for wind energy development within the Planning Area 

includes: 35,115 acres available; no avoidance areas; and 153,717 acres excluded (Map 

2-11).
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2.23.3 Withdrawals

A withdrawal removes an area of federal land from settlement, sale, location, or entry 

under some or all of the general land laws, for the purpose of limiting activities under 

those laws to maintain other public values in the area or reserving the area for a 

particular public purpose or program. Withdrawals are also used to transfer jurisdiction 

over an area of federal land from one department, bureau, or agency to another.

2.23.3.1 Land Withdrawn, Current and Proposed

2.23.3.1.1 Goals and Objectives

LRM-24 Protect sensitive or significant natural, biological, and cultural resource and/or 

recreational values from disturbances relating to locatable mineral entry.

2.23.3.1.2 Management Actions

LRM-25 Seek revocation of existing withdrawals, if the land is no longer needed for the 

original purpose of the withdrawal. Current withdrawal lands are shown in Map 2-12. 

LRM-26 Continue periodic review of existing withdrawals, including other agency 

withdrawals, to ensure that the reasons for the withdrawal are still valid and that only the 

acreage needed is retained in withdrawn status.

2.23.4 Utility Corridors

To minimize adverse environmental impacts and the proliferation of separate rights-ofway, the utilization of utility corridors will be required to the extent practical and each 

right-of-way will reserve to BLM the right to grant additional rights-of-way or permits for 

compatible uses on or adjacent to rights-of-way granted pursuant to FLPMA. In 

designating utility corridors and in determining whether to require that rights-of-way be 

confined to them, BLM will take into consideration national and state land-use policies, 

environmental quality, economic efficiency, national security, safety, and good 

engineering and technological practices.

2.23.4.1 Goals and Objectives

LRM-27 Consolidation of major rights-of-way within the approved corridor to minimize 

resource impacts. 

LRM-28 The designated corridors will be the preferred location for major utility rights-ofway consistent with the CDCA Plan, as amended (see Map 2-9).
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Energy Development

Available

Excluded

Land Status

Bureau of Land Management

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State

Private Lands

California State Office

Sacramento, California

(916) 978-4400

www.ca.blm.gov

Date Prepared: 5/31/2013

Project: Map2-10_Solar

US Department of the Interior

BUREAU OF LAND MANAGEMENT

MAP 2-10: Lands Available for Solar Energy Development The Bureau of Land Management makes no

warranties, implied or expressed, with respect

to information shown on this map.

Bureau of Land Management

El Centro Field Office

June 2013

IMPERIAL SAND DUNES U.S. DEPARTMENT OF THE INTERIOR

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State

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California State Office

Sacramento, California

(916) 978-4400

www.ca.blm.gov

Date Prepared: 5/31/2013

Project: Map2-11_Wind

US Department of the Interior

BUREAU OF LAND MANAGEMENT

MAP 2-11: Lands Available for Wind Energy Development The Bureau of Land Management makes no

warranties, implied or expressed, with respect

to information shown on this map.

Bureau of Land Management

El Centro Field Office

June 2013

IMPERIAL SAND DUNES U.S. DEPARTMENT OF THE INTERIOR

RECREATION AREA MANAGEMENT PLAN

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(916) 978-4400

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Date Prepared: 5/31/2013

Project: Map2-12_Withd

US Department of the Interior

BUREAU OF LAND MANAGEMENT

MAP 2-12: Existing Land Withdrawals

within the Planning Area

The Bureau of Land Management makes no

warranties, implied or expressed, with respect

to information shown on this map.

Bureau of Land Management

El Centro Field Office

June 2013

IMPERIAL SAND DUNES U.S. DEPARTMENT OF THE INTERIOR

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2.23.4.2 Management Actions 

LRM-29 Continue the existing three utility corridors (one is a contingency corridor). 

There is one 2-mile-wide existing utility corridor along Interstate 8 on BLM-administered 

lands within the Planning Area. A second utility corridor begins in the northernmost 

portion of the Planning Area near Mammoth Wash and runs north (see Map 2-9). The 

contingency corridor travels along the eastern boundary of the Planning Area adjacent to 

the Union Pacific Railroad tracks (see Map 2-9).

LRM-30 Locate all new major utility rights-of-way (consisting of the following types) 

within the designated corridors: 1) new electrical transmission towers and cables of 161 

kilovolts or above; 2) all pipelines with diameters greater than 12 inches; 3) coaxial 

cables for interstate communications; and 4) major aqueducts or canals for interbasin 

transfers of water. 

LRM-31 Avoid special designation areas and environmentally sensitive areas, where 

practical.

2.24 Public Health and Safety 

According to applicable federal and state laws and regulations, BLM will identify areas or 

hazards which have a potential impact to public health and safety.

The following are public health and safety concerns in the Planning Area:

• Recreation, visitor health and safety, and law enforcement

• International border issues

• Unexploded ordnance (UXO)

• Hazardous materials

• Noise

The CDCA Plan does not set out specific goals for public health and safety and 

management of hazardous materials; however, BLM’s policy is to reduce threats to 

public health, safety, and property. Additionally, the CDCA Plan multiple-use 

classifications do not allow for disposal of hazardous or non-hazardous waste on public 

lands.

2.24.1 Recreation, Visitor Health and Safety, and Law 

Enforcement

Federal regulations under Title 43 CFR Part 8340 and Title 43 CFR 8360 direct BLM to 

manage vehicle use and protect the resources of public lands in recreation areas, to 

promote the safety of all users of those lands, and to minimize conflicts among the 
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various users of those lands. Both the BLM and visitors to the Planning Area are 

concerned about compliance with laws and regulations and current law enforcement 

issues. Increasing visitor populations during the OHV-recreation season create large 

crowds and congestion throughout the Planning Area. During the high visitation holiday 

periods, there is a need to increase the level of enforcement to maintain the quality of 

the recreational experience currently enjoyed by the majority of the visiting public. The 

BLM will continue to promote public health and safety throughout the Planning Area.

2.24.1.1 Goals and Objectives

PHS-01 Work cooperatively with the county, the contracted emergency medical service 

providers, and other interested agencies, to find innovative methods of providing the 

highest level of emergency medical service needed to adequately serve visitors to the 

Planning Area, as needs fluctuate.

PHS-02 Provide adequate basic life support training to the ISD SRMA staff as a 

minimum level of emergency medical service.

PHS-03 Improve the health and safety of visitors, employees, and nearby residents by 

working with local, state, and federal agencies and interest groups. 

PHS-04 Promote safety through education about the rules and regulations within the 

Planning Area. 

PHS-05 Promote safety through law enforcement activities to improve compliance with 

the rules and regulations of the Planning Area. 

PHS-06 Improve health by addressing the air quality around established roads with the 

management of dust and particulates through stabilization and/or reduction in 

accumulation, as appropriate and practical, and the enforcement of speed limitations.

PHS-07 Provide education to encourage compliance with the rules about campingrelated issues such as disposal of trash and wastewater. 

PHS-08 Reduce OHV-related accidents and injuries. Provide education concerning the 

rules and regulations relating to OHV use within the Planning Area.

PHS-09 Increase compliance with all laws and regulations.

2.24.1.2 Management Actions 

PHS-10 Work cooperatively with the county, contracted emergency medical service 

providers, and other partners to find innovative methods of providing the highest level of 

emergency medical service needed to adequately serve the visitors of the Planning 

Area, as needs fluctuate.
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PHS-11 Provide emergency medical technician training to the permanent visitor services 

staff as a minimum level of emergency medical service.

PHS-12 Provide adequate off-highway emergency medical service support to the county 

and visitors throughout the Planning Area. 

PHS-13 Maintain and enhance cooperation between law enforcement entities having 

jurisdictional authority within the Planning Area. Enforce existing rules and regulations to 

facilitate a safe visitor experience. Manage OHV destination areas to provide safety for 

the OHV recreationists and agency personnel.

PHS-14 Provide for adequate law enforcement and visitor services (emergency medical 

technicians).

PHS-15 Maintain law enforcement coalition and cooperate with local agencies. 

2.24.2 International Border Issues

The BLM manages approximately 11 miles of public land along the U.S.–Mexico border 

within the Planning Area. Along the U.S.–Mexico border there are incidences of 

undocumented immigrant traffic and other criminal activity. 

2.24.2.1 Goals and Objectives

PHS-16 Ensure that public lands adjacent to the U.S.–Mexico border are safe for public 

and agency use. 

2.24.2.2 Management Actions 

PHS-17 Coordinate with U.S. Border Patrol to minimize impacts to resources in 

emergency situations, where greater access may be required. 

PHS-18 Educate visitors about border safety through continued partnerships.

PHS-19 Maintain area adjacent to the U.S.–Mexico border as open to public use and 

continue voluntary compliance through public education and cooperation with U.S. 

Border Patrol to enhance public safety.

2.24.3 Unexploded Ordnance

Unexploded ordnance (UXO) consists of military materials used in tests and on training 

ranges. UXO may include but is not limited to bombs, mortars, artillery shells, rockets, 

submunitions, and landmines. 

Two sources of risk exist at UXO sites: 1) risks from explosions and 2) risks from 

munition constituents (materials originating from UXO or other munitions, including the 
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chemical constituents that result from their breakdown) that have leached into soil and 

water. 

The U.S. Army Corps of Engineers is responsible for investigating and mitigating 

environmental impacts related to past military use at these types of facilities.

Given the number of aircraft used on the various military facilities in the vicinity of the 

Planning Area, it is possible that a military aircraft could crash or miss targets in the live 

ranges and be a source of UXO. 

2.24.3.1 Goals and Objectives

PHS-20 Promote public and/or environmental safety from UXO and related hazardous 

materials. 

2.24.3.2 Management Actions 

PHS-21 Identify the locations on BLM-administered lands that are potential areas of 

UXO concern in cooperation with the U.S. Army Corps of Engineers. 

PHS-22 Report UXO to the proper authorities for disposal as they are found.

2.24.4 Hazardous Materials

Hazardous materials consist of chemicals and materials that have the potential to 

adversely impact human health and the environment. In the Planning Area, hazardous 

materials could include but are not limited to petroleum products, industrial chemicals, 

acids, heavy metals, lead-based paint, and asbestos-containing materials. Potential 

sources of hazardous materials include abandoned mines, mining mill sites, landfills, 

illegal dumping (including sewage), leaking fuel tanks, illegal drug manufacturing sites, 

abandoned buildings, and other sites. 

Illegal dumping has a potential to cause environmental impacts to BLM-administered 

land within the Planning Area. Chemical leachate from these sites has the potential to 

contaminate soil and reach surface and/or groundwater.

Laws governing the management of these materials include Comprehensive 

Environmental Recovery, Compensation, and Liability Act, Resource Conservation 

Recovery Act, other federal laws and regulations, and state and local regulations. Mining 

and milling wastes are managed under the Comprehensive Environmental Recovery, 

Compensation, and Liability Act as potentially hazardous materials or hazardous waste.
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2.24.4.1 Goals and Objectives

PHS-23 Minimize the presence and potential impact to human health and the 

environment from hazardous materials.

2.24.4.2 Management Actions 

PHS-24 Perform public notification of potential health risks by means of notices, 

signage, and other forms of communication.

PHS-25 Remediate areas contaminated with hazardous materials in accordance with 

applicable laws and regulations.
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3.0 Implementation and Monitoring

3.1 Implementation

Many land use plan decisions are implemented or become effective upon approval of the 

plan and ROD. Examples of decisions that become effective upon approval include 

decisions on land health standards, desired outcomes (goals and objectives), allowable 

uses to achieve outcomes, and all special designations such as an ACEC. Management 

actions that require additional site-specific project planning as funding becomes 

available will require further environmental analysis. Decisions to implement site-specific 

projects are subject to administrative review at the time when such decisions are made.

The BLM will continue to involve and collaborate with the public during implementation of 

this RAMP. Opportunities to become involved in the plan implementation and monitoring 

will include development of partnerships and community-based citizen working groups. 

The BLM invites citizens and user groups within the Planning Area to become actively 

involved in implementation, monitoring, and evaluation of RAMP decisions. The BLM 

and citizens may collaboratively develop site-specific goals and objectives that mutually 

benefit public land resources, local communities, and the people who live, work, or play 

on the public lands.

3.2 Requirements for Further Environmental 

Analysis

Site-specific environmental analyses and documentation (including the use of 

categorical exclusions and determinations of NEPA adequacy where appropriate) may 

be prepared for one or more individual projects in accordance with management 

objectives and decisions established in the RAMP. In addition, the BLM will ensure that 

the environmental review process completes required USFWS Section 7 consultations 

and coordination with the California SHPO in accordance with the BLM Cultural 

Resources National Programmatic Agreement and California BLM–SHPO protocols. 

As appropriate, interdisciplinary impact analysis will be based on this ROD and RAMP 

and associated Final EIS. If the analysis prepared for site-specific projects finds potential 

for significant impacts not already described in an existing EIS, another EIS or a 

supplement to an existing EIS may be warranted.

Upon providing public notice of a decision, supporting environmental documentation will 

be sent to all affected interests and made available to others on request. Decisions to 

approve implementation-level plans or to implement site-specific projects are subject to 

administrative review at the time such decisions are made.
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3.3 Adaptive Management

Adaptive management is a formal, systematic, and rigorous approach to learning from 

the outcomes of management actions, accommodating change, and improving 

management. It involves synthesizing existing knowledge, exploring alternative actions, 

and making explicit forecasts about their outcomes. Management actions and monitoring 

programs are carefully designed to generate reliable feedback and clarify the reasons 

underlying outcomes. Actions and objectives are then adjusted based on this feedback 

and improved understanding. In addition, decisions, actions, and outcomes are carefully 

documented and communicated to others, so that knowledge gained through experience 

is passed on rather than being lost when individuals move or leave the organization.

This ROD and RAMP implement an adaptive management strategy. This adaptive 

management process is a flexible process that generally involves four phases—

planning, implementation, monitoring, and evaluation. As the BLM obtains new 

information, it will evaluate monitoring data and other resource information to periodically 

refine and update desired conditions and management strategies. This approach 

ensures the continual refinement and improvement of management prescriptions and 

practices.

3.4 Plan Monitoring 

Plan monitoring is conducted in three stages. The first of these is to ensure that 

decisions when implemented meet the goals and objectives of the ROD and RAMP. This 

type of monitoring is conducted as RAMP decisions become effective or when decisions 

to approve implementation-level plans or to implement site-specific projects are

approved or implemented. The next stage of monitoring is to determine whether plan 

decisions are achieving the desired effects. Effectiveness monitoring provides an 

empirical database on impacts of decisions and effectiveness of mitigation. 

Effectiveness monitoring is also useful for improving analytical procedures for future 

impact analyses and for designing or improving mitigation and enhancement measures. 

As stated in the BLM Land Use Planning Handbook H-1601-1 (page 33): 

Implementation monitoring is the process of tracking and documenting the 

implementation (or the progress toward implementation) of land use plan 

decisions. This should be done at least annually and should be documented in 

the form of a tracking log or report. The report must be available for public review 

(one way to accomplish this is an annual planning update which can be sent to 

those who participated in the planning process or have expressed an interest in 

receiving the report). The report should describe management actions proposed 

or undertaken to implement land use plan decisions and can form the basis for 

annual budget documents. In subsequent years, reports should document which 
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management actions were completed and what further actions are needed to 

continue implementing land use plan decisions.

Effectiveness monitoring is the process of collecting data and information in order 

to determine whether or not desired outcomes (expressed as goals and 

objectives in the land use plan) are being met (or progress is being made toward 

meeting them) as the allowable uses and management actions are being 

implemented. A monitoring strategy must be developed as part of the land use 

plan that identifies indicators of change, acceptable thresholds, methodologies, 

protocols, and timeframes that will be used to evaluate and determine whether or 

not desired outcomes are being achieved. The monitoring process should collect 

information in the most cost-effective manner and may involve sampling or 

remote sensing. 

Monitoring could be so costly as to be prohibitive if it is not carefully and 

reasonably designed. Therefore, it is not necessary or desirable to monitor every 

management action or direction. Unnecessary detail and unacceptable costs can 

be avoided by focusing on key monitoring questions and proper sampling 

methods. The level and intensity of monitoring will vary, depending on the 

sensitivity of the resource or area and the scope of the proposed management 

activity.

Appendix D of this document outlines an approach to monitoring based on needs 

identified in this RAMP. Monitoring will be directed at areas in which specific and 

important resource values and visitor experiences could be threatened. Key results of 

monitoring will be summarized in annual reports and made available to the public online.

The last stage of monitoring is to determine whether a plan decision continues to be the 

correct or proper decision over time. Evaluation monitoring goes beyond effectiveness 

monitoring and focuses on examining the validity of decisions.

3.5 Plan Evaluation

As stated in the BLM Land Use Planning Handbook H-1601-1 (pages 34-36), evaluation 

is the process of reviewing the land use plan and the periodic plan monitoring reports to 

determine whether the land use plan decisions and NEPA analysis are still valid and 

whether the plan is being implemented. Land use plans are evaluated to determine if: 

1. Decisions remain relevant to current issues 

2. Decisions are effective in achieving (or making progress toward achieving) desired 

outcomes 

3. Any decisions need to be revised 
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4. Any decisions need to be dropped from further consideration 

5. Any areas require new decisions

In making these determinations, the evaluation should consider whether mitigation 

measures are satisfactory, whether there are significant changes in the related plans of 

other entities, and whether there is new data of significance to the plan. The plan should 

be periodically evaluated (at a minimum every 5 years) as documented in an evaluation 

schedule. Plan evaluations should also be completed prior to any plan revisions and for 

major plan amendments. 

Evaluations may identify resource needs and means for correcting deficiencies and 

addressing issues through plan maintenance, amendments, or new starts. They should 

also identify where new and emerging resource issues and other values have surfaced. 

Evaluations may also identify new and innovative practices that improve effectiveness 

and efficiency so that other offices may benefit. The state and field office will identify an 

interdisciplinary team that will complete the evaluation(s), and the BLM State Director 

should approve or concur with all evaluations. Evaluation of the RAMP will generally be 

conducted every five years, unless unexpected actions, new information, or significant 

changes in other plans, legislation, land conveyances, or litigation triggers an evaluation.

An evaluation report documenting the findings of the evaluation must be prepared. 

Following BLM State Director approval or concurrence, the report will be made available 

to the public. Guidance on the report format is included in the BLM Land Use Planning 

Handbook H-1601-1, page 36.

3.6 Plan Maintenance

The BLM regulation in 43 CFR 1610.5-4 provides that land use plan decisions and 

supporting components can be maintained to reflect minor changes in data. 

Maintenance is limited to further refining, documenting, or clarifying a previously 

approved decision incorporated in the plan. Maintenance must not expand the scope of 

resource uses or restrictions or change the terms, conditions, and decisions of an 

approved plan.

Plan maintenance is not considered a plan amendment and does not require formal 

public involvement, interagency coordination, or NEPA analysis required for making new 

land use plan decisions. Maintenance actions must be documented in the plan or 

supporting components (i.e., recorded so that the change and Field Manager 

concurrence are evident). Examples of maintenance actions include: 1) correcting minor 

data, typographical, mapping, or tabular data errors in the planning records after a plan 

or plan amendment has been completed; 2) refining the known habitat of a special 

status species addressed in the plan based on new information; and 3) modifying or 
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waiving the lease stipulation language in a RAMP/ROD consistent with the criteria 

outlined in the land use plan.

3.7 Plan Modification

3.7.1 Amending the Approved RAMP

Plan amendments (see 43 CFR 1610.5-5) change one or more of the terms, conditions, 

or decisions of an approved land use plan. These decisions may include those relating 

to desired outcomes; measures to achieve desired outcomes, including resource 

restrictions; or land tenure decisions. Plan amendments are most often prompted by the 

need to: 1) consider a proposal or action that does not conform to the plan; 2) implement 

new or revised policy that changes land use plan decisions, such as an approved 

conservation agreement between the BLM and the USFWS; 3) respond to new, 

intensified, or changed uses on public land; and 4) consider significant new information 

from resource assessments, monitoring, or scientific studies that change land use plan 

decisions. 

The BLM regulations in 43 CFR 1600 and the NEPA process detailed in the CEQ 

regulations in 40 CFR 1500 guide preparation of plan amendments. The process is 

tailored to the anticipated level of public interest and potential for significant impacts. 

3.7.2 Revising the Approved RAMP 

RAMP revisions (see 43 CFR 1610.5-6) involve preparation of a new RAMP to replace 

an existing one. RAMP revisions are necessary if monitoring and evaluation findings, 

new data, new or revised policy, or changes in circumstances indicate that decisions for 

an entire plan or a major portion of the plan no longer serve as a useful guide for 

resource management. Plan revisions are prepared using the same procedures and 

documentation as for new plans. 
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.
4.0 Acronyms

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4.0 Acronyms

ACEC Area of Critical Environmental Concern

BLM Bureau of Land Management

CDCA California Desert Conservation Area

CDPA California Desert Protection Act

CEQ Council on Environmental Quality

CFR Code of Federal Regulations

CO2 carbon dioxide

DRECP Desert Renewable Energy Conservation Plan

EIS Environmental Impact Statement

FLPMA Federal Land Policy and Management Act

ICAPCD Imperial County Air Pollution Control District

GIS geographic information system

ISD Imperial Sand Dunes

MUC Multiple Use Class

NECO Northern and Eastern Colorado Desert Management Plan

NEPA National Environmental Policy Act

OHV Off-highway vehicle

PFYC Potential Fossil Yield Classification

RAMP Recreation Area Management Plan

RAWS remote area weather stations

ROD Record of Decision

SHPO California State Historic Preservation Officer

SRMA Special Recreation Management Area

U.S. United States

USC United States Code

USFWS U.S. Fish and Wildlife Service

UXO Unexploded ordnance

VRM visual resource management

WCU Wilderness Characteristic Unit

WECO Western Colorado Desert Routes of Travel Designation Plan
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5.0 References Cited

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5.0 References Cited

Avian Power Line Interaction Committee

2006 Suggested Practices for Avian Protection on Power Lines: The State of the Art 

in 2006.

California, State of

2010 Off Highway Motor Vehicle Recreation Strategic Plan.

California Native Diversity Database

2001 Database Analysis of Special Status Plants, Animals and Natural Communities 

for the Imperial Sand Dunes. October.

Desert Tortoise Compensation Team

1991 Compensation for the Desert Tortoise. A report prepared for the Desert 

Tortoise Management Oversight Group. Approved by the Desert Tortoise 

Management Oversight Group. 21pp.

Flat-tailed Horned Lizard Interagency Coordinating Committee

2003 Flat-tailed Horned Lizard Rangewide Management Strategy, 2003 Revision: 

An Arizona–California Conservation Strategy. 121pp.

Imperial County

1993 Imperial County General Plan.

National Energy Policy Development Group

2001 National Energy Policy: Reliable, Affordable, and Environmentally Sound 

Energy for America’s Future. May 2001. 170pp.

National Interagency Fire Center

2009 Environmental Guidelines for Delivery of Retardant or Foam near Waterways:

Interagency Standards for Fire and Aviation Operations.

Riparian Habitat Joint Venture and California Partners in Flight

2004 The Riparian Bird Conservation Plan: a Strategy for Reversing the Decline of 

Riparian Associated Birds in California. Version 2.0. 

U.S. Department of the Interior

2007 Department Manual 517 DM 1: Pesticides: Integrated Pest Management 

Policy. May 2007. 5pp.
5.0 References Cited

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U.S. Department of the Interior, Bureau of Land Management (BLM)

1981 Wilderness Management Policy. 30pp. plus appendixes.

1984 BLM Manual 8400–Visual Resource Management.

1985 MS-9113 – Roads Manual. 

1987 Recreation Area Management Plan and Environmental Assessment for the 

Imperial Sand Dunes. Publication Index Number BLM-CA-PL-87-001-8320. El 

Centro Resource Area, California. July 1987.

1999 The California Desert Conservation Area Plan. As amended. United States 

Department of the Interior; Bureau of Land Management; Desert District, 

Riverside, California.

2001 National Management Strategy for Motorized OHV Use on Public Lands.

2002 Northern and Eastern Colorado Desert Coordinated Management Plan. 

Amendment to the California Desert Conservation Area Plan. Record of 

Decision. 12pp.

2003a Decision Record for Approved Western Colorado Desert Routes of Travel 

Designations. An amendment to the California Desert Conservation Area Plan 

1980. 21pp. March 2003.

2003b Final Environmental Impact Statement for the Imperial Sand Dunes Recreation 

Area Management Plan and Proposed Amendment to the California Desert 

Conservation Area Plan, 1980. El Centro Field Office. May 2003.

2005a H-1601-1 - Land Use Planning Handbook. March 11.

2005b Final Programmatic Environmental Impact Statement on Wind Energy 

Development on BLM-administered Lands in the Western United States. Final 

Programmatic Environmental Impact Statement. June.

2005c Record of Decision, Implementation of a Wind Energy Development Program 

and Associated Land Use Plan Amendments. December.

2007 Record of Decision for Vegetation Treatments Using Herbicides on Bureau of 

Land Management Lands in 17 Western States. Final Programmatic 

Environmental Impact Statement. June.

2008a Record of Decision and Resource Management Plan Amendments for 

Geothermal Leasing in the Western United States. 102pp. December 2008.

2008b Record of Decision and Resource Management Plan Amendments for 

Designation of Energy Corridors on BLM-Administered Lands in the 11 

Western States.

2008c Recreation and Visitor Services Strategy. BLM California State Office, 

California Recreation Program. 40pp.

2012 Approved Resource Management Plan Amendments/Record of Decision for 

Solar Energy Development in Six Southwestern States.

U.S. Department of the Interior and U.S. Department of Agriculture

2007 Surface Operating Standards for Oil and Gas Exploration and Development
5.0 References Cited

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U.S. Department of the Interior, U.S. Fish and Wildlife Service (USFWS)

2009a Request for Information on Endangered and Threatened Species in the 

Imperial Sand Dunes Recreation Area, Imperial County, California. 

Memorandum response from the Assistant Field Supervisor, Carlsbad Fish 

and Wildlife Office, Carlsbad, California, March 19, 2009. 3pp.

2009b Peirson’s Milk-vetch Spotlight Species Action Plan.

2011 Desert Tortoise (Mojave Population) Recovery Plan. USFWS, Portland, 

Oregon.

Westec Services, Inc.

1977 Survey of Sensitive Plants for the Imperial Dunes. Prepared for Department of 

Interior, Bureau of Land Management. August 1977.
5.0 References Cited

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APPENDICES
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APPENDIX A
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United States Department of the Interior 

FISH AND WILDLIFE SERVICE 

Ecological Services 

Carlsbad Fish and Wildlife Office 

6010 Hidden Valley Road, Suite 101 

Carlsbad, California 92262 

In Reply Refer To: 

FWS-IMP-09B0172-11F0310 

Memorandum 

To:	 Field Manager, El Centro Field Office, Bureau of Land Management 

El Centro, California 

From:	 Field Supervisor, Carlsbad Fish and Wildlife Office 

Carlsbad, California 

Subject:	 Endangered Species Act Consultation on the Effects of the Proposed Imperial Sand 

Dunes Recreation Area Management Plan/California Desert Conservation Area 

Plan Amendment and Final Environmental Impact Statement, Imperial County, 

California [(1610, 1150) P CA 670.36)] 

This memorandum transmits the U.S. Fish and Wildlife Service’s (Service) biological opinion on 

the Bureau of Land Management’s (BLM) Imperial Sand Dunes (ISD) Proposed Recreation Area 

Management Plan (PRAMP)/California Desert Conservation Area (CDCA) Plan Amendment 

and Final Environmental Impact Statement (EIS), and its effects on the federally threatened 

Peirson’s milk-vetch (Astragalus magdalenae var. peirsonii) and its designated critical habitat, 

and the Mojave desert tortoise (Gopherus agassizii, desert tortoise or tortoise) in accordance with 

section 7 of the Endangered Species Act of 1973 (Act), as amended (16 U.S.C. 1531 et seq.). 

The PRAMP is an update of the 1987 Recreation Area Management Plan (RAMP; BLM 1987a). 

We received your March 26, 2010, request for formal consultation on March 26, 2010. 

Along with Peirson’s milk-vetch and the desert tortoise, your request for consultation addressed 

five other species of plants and animals federally-listed, proposed for Federal listing, or 

identified as candidates for listing that were identified as having potential to occur in the 

planning area: Yuma clapper-rail (Rallus longirostris yumanensis) (endangered), southwestern 

willow flycatcher (Empidonax traillii extimus) (endangered), razorback sucker (Xyrauchen 

texanus) (endangered), flat-tailed horned lizard (Phrynosoma mcalli) (proposed threatened), and 

western yellow-billed cuckoo (Coccyzus americanus occidentalis) (candidate). Based on the 

distribution of known occurrences and presence of suitable habitat, the BLM determined that the 

proposed action will not affect Yuma clapper-rail, southwestern willow flycatcher, razorback 

sucker, and western yellow-billed cuckoo (BLM 2009). The BLM also determined that critical 

habitat for the desert tortoise, southwestern willow flycatcher, and razorback sucker does not 

occur in the planning area and therefore will not be affected by the proposed action. The March 

26, 2010, request for formal consultation also requested formal conference in accordance with 
 

 

 

 

 

 

 

2 

section 7 of the Act on the flat-tailed horned lizard. However, on March 15, 2011, the Service 

withdrew the proposed rule to list the flat-tailed horned lizard as a threatened species (Service 

2011a), thereby negating any obligation or need for formal conference on this species. Based on 

the determinations discussed above, these five species, their respective critical habitats, and 

desert tortoise critical habitat will not be addressed in this biological opinion. 

This biological opinion is primarily based on information provided in the following documents 

and communications: (1) Biological Assessment for the Imperial Sand Dunes Draft Recreation 

Area Management Plan/Draft Environmental Impact Statement (BLM 2009); (2) Imperial Sand 

Dunes Draft Recreation Area Management Plan and Draft Environmental Impact Statement 

(BLM 2010); (3) the revised desert tortoise recovery plan (Service 2011b); (4) the Table of 

Contents and Chapters 2, 3, and 4 of the Imperial Sand Dunes Proposed Recreation Area 

Management Plan/California Desert Conservation Area Plan Amendment and Final 

Environmental Impact Statement (PRAMP; BLM 2012) provided on August 2, 2012; (5) 

supplemental information provided by BLM during the consultation process; and (6) pertinent 

literature contained in our files. The project file for this consultation is located at the Palm 

Springs Fish and Wildlife Office (PSFWO). 

CONSULTATION HISTORY 

On March 16, 2000, the Southwest Center for Biological Diversity, Sierra Club, and Public 

Employees for Environmental Responsibility (PEER) filed a lawsuit against BLM alleging the 

BLM violated sections 7(a)(2) and 7(d) of the Act and its implementing regulations. The 

plaintiffs alleged BLM failed to initiate consultation with the Service on the effects of the CDCA 

Plan, its amendments, and related actions that may affect listed species in the CDCA that are 

authorized, approved, allowed, or otherwise carried out pursuant to the CDCA Plan and its 

amendments and by authorizing, allowing, or implementing land use practices that might affect 

federally listed species prior to completing a programmatic consultation with the Service on the 

CDCA Plan and its amendments. 

On August 25, 2000, the plaintiffs and BLM agreed to a settlement that included establishment 

of temporary closure areas within the Algodones Dunes1

 until completion of the Record of 

Decision (ROD) regarding the CDCA Plan EIS. At the request of BLM, the CDCA Plan level 

consultation was combined with the consultation on the proposed 2002 RAMP. In March 2002, 

BLM released the RAMP and EIS for public comment, and on July 17, 2002, the Service met 

with BLM and agreed to combine the biological opinion on the CDCA Plan with the biological 

opinion on the RAMP rather than issue separate opinions. 

We issued a biological opinion on the effects of implementation of the CDCA Plan as amended 

by the draft 2002 RAMP on April 3, 2003. Two parties, the American Sand Association and the 

1 The name "Algodones Dunes" refers to the entire extent of the dune system in the geographic region, while the 

administrative designation for the portion managed by the BLM is referred to as the Imperial Sand Dunes Recreation 

Area. 
 

 

 

 

 

3 

Center for Biological Diversity, brought separate suits against the Service regarding our 2003 

biological opinion. 

On August 5, 2003, we published a proposed rule to designate critical habitat for Peirson’s milkvetch (Service 2003). On September 5, 2003, BLM requested: (1) Formal conference on 

proposed critical habitat for the Peirson’s milk-vetch; (2) clarification of the scope of our April 3, 

2003, biological opinion in relation to RAMP longevity; and (3) correction of a “few factual 

errors.” We published a final critical habitat designation for the Peirson’s milk-vetch on August 

4, 2004 (Service 2004), which became effective on September 3, 2004. 

We reviewed and reexamined our biological opinion based on the BLM request for clarification 

and the final critical habitat designation. Numerous conference calls, meetings, and drafts of the 

biological opinion were exchanged between BLM and the Service. On January 25, 2005, we 

issued a new biological opinion for the final 2003 RAMP. 

On June 3, 2005, the Center for Biological Diversity, Sierra Club, PEER, and Desert Survivors 

filed suit against the BLM and the Service alleging violations of the Act, National Environmental 

Policy Act (NEPA), Federal Land Policy and Management Act (FLPMA) of 1976, and the 

Administrative Procedure Act. As part of this suit, the plaintiffs alleged that the 2005 biological 

opinion was arbitrary and capricious and that the Service did not properly consider and weigh the 

benefits and costs associated with designating critical habitat for Peirson’s milk-vetch. On 

September 25, 2006, the court ruled for the plaintiffs and ordered injunctive relief and agency 

remand, including remanding both the biological opinion and the critical habitat designation to 

the Service. 

As a result of the lawsuit, the Service published a revised proposed critical habitat rule on 

July 27, 2007 (Service 2007a). The final revised critical habitat rule was published on 

February 14, 2008, and currently includes 12,105 acres in three units (Service 2008a). In 

December 2008 and January 2009, two parties filed separate lawsuits against the Service 

challenging the 2008 critical habitat designation. In a ruling on August 5, 2010, the court ruled 

in favor of the Service and upheld the 2008 critical habitat designation. 

From July 2008 to the present, the Service has been actively involved in discussions with the 

BLM regarding preparation of the PRAMP and how best to avoid and minimize adverse impacts 

to listed species within the action area. Following initiation of consultation, we requested 

additional information and clarification on the description of the proposed action and species 

surveys via electronic mail on several occasions through August 2011. 

In preparing this biological opinion, we provided a draft biological opinion to BLM on April 11 

and August 2, 2012. All comments received from the BLM were incorporated into this 

biological opinion as appropriate. 
 

 

 

 

 

4 

BIOLOGICAL OPINION 

DESCRIPTION OF THE PROPOSED ACTION 

The proposed action is the BLM’s implementation of the PRAMP, which will guide management 

of the ISD in Imperial County, California (Figure 1) for 15 to 20 years. The PRAMP updates 

and revises the 1987 RAMP and amends the CDCA Plan (1980 as amended). The RAMP 

planning area encompasses 214,930 acres, which includes the currently designated 138,111-acre 

ISD Special Recreation Management Area (SRMA) and the 26,098-acre North Algodones Dunes 

Wilderness (located within the SRMA). The remainder of the planning area (50,722 acres) is 

within a 1-mile limited use area around the entire SRMA that is part of the existing El Centro 

Extensive Recreation Management Area (ERMA) and is currently managed under the Northern 

and Eastern Colorado Desert Coordinated Management Plan (NECO) and the Western Colorado 

OHV Routes of Travel Designation Plan (WECO). The planning area also includes privately 

owned in-holdings; however, BLM decisions do not apply to private property. 

The purpose of the PRAMP is to update land use planning decisions based on changes in 

circumstances and policies since the current RAMP was adopted in 1987. The final EIS for the 

PRAMP analyzes eight alternatives to address the various combinations of public land uses and 

resource management practices within the RAMP planning area. This biological opinion 

analyzes the impacts to listed species resulting from implementation of BLM’s Preferred 

Alternative (Alternative 8), which is the proposed action. The proposed action is designed to 

provide a variety of sustainable off-highway vehicle (OHV) and other recreational activities, 

maintain or improve the conditions of the special status species, and protect other unique natural 

and cultural resources, while creating an environment to promote the health and safety of 

visitors, employees, and nearby residents. 

Per BLM’s Land Use Planning Handbook, decisions for the planning area fall into two types: 

Land Use Plan (LUP) decisions and Implementation decisions. LUP decisions are broad-scale 

decisions that guide land management actions and subsequent site-specific implementation 

decisions. LUP decisions fall into two categories: desired outcomes (goals and objectives), and 

allowable uses and actions to achieve outcomes. Allowable uses are described as decisions that 

designate areas as open or closed, or as avoidance or exclusion areas, for various uses. If public 

lands are designated open for specific uses through a LUP Decision, those uses would still be 

analyzed and approved or denied through the NEPA process in the future. Implementation 

decisions outlined in the PRAMP generally constitute the BLM’s final approval allowing on-theground actions to proceed. However, the BLM has identified several Implementation decisions 

that will require separate case-by-case authorization and analysis under NEPA and section 7 of 

the Act in the future. These decisions, defined in this biological opinion as “Future 

Implementation Actions” require site-specific planning and NEPA analysis, and are described 

below. Future Implementation Actions may be incorporated into implementation plans (activity 

or project plans) or may exist as stand-alone decisions. 
 

 

 

 

5 

The PRAMP identifies various management decisions and actions that BLM proposes to 

implement to accomplish the agency’s land use objectives under 17 different Resource 

Categories. Management actions identified under the 17 Resource Categories include LUP and 

Implementation decisions, and Future Implementation Actions. The Resource Categories 

analyzed in this biological opinion are summarized below. A detailed description of the 

Resource Categories can be found in the PRAMP. 

Rangeland Health Standards Management 

Goals and Objectives: Maintain or improve soil, riparian-wetland and stream function, native 

species, and water quality health in the planning area. 

LUP Decision: The PRAMP proposes to continue using existing national policy and regional 

standards found in the NECO and WECO plans for achieving the above objectives. 

Implementation Decision: To meet these objectives, the BLM proposes to have a group of 

specialists (fewer than 10 people) survey 30 “representative sites” throughout the planning area 

every 10 years via visual inspection and photographic documentation. Travel to survey locations 

would be along designated roads or open travel areas. Surveys would be conducted outside of 

the spring growing season and avoid desert tortoise burrows, deep bowls in the dunes, and large 

individual Peirson’s milk-vetch. 

Air Resources Management 

Goals and Objectives: Maintain or improve air quality in the planning area as established by the 

national and State of California air quality standards. 

LUP Decision: The BLM will comply with State of California air emission standards. This 

would be accomplished through cooperative management of emissions with industry, the State of 

California, and Federal agencies and strive to minimize any emissions that may cause violations 

of air quality standards, add to acid rain, or degrade visibility. 

Implementation Decisions: Air quality will be maintained or improved by implementing the 

actions described below for the Transportation and Public Access Management Resource 

Category. 

Soil Resources Management 

Goals and Objectives: The BLM will manage soils to maintain productivity, minimize erosion, 

and preserve natural processes of dune movement and formation. 

LUP Decision: Adopt regional standards for rangeland health related to soils. 
 

 

6 

Implementation Decisions: Soil resources will be managed by adopting the actions described 

below for the Transportation and Public Access Management Resource Category and by using 

the best management practices (BMPs) included in Appendix C of the PRAMP. 

Water Resources Management 

Goals and Objectives: Maintain or improve water quality in accordance with State and Federal 

standards. 

LUP Decision: None 

Implementation Decisions: Ensure BLM activities or authorized activities do not degrade 

surface or groundwater in the planning area by identifying and protecting surface waters where 

possible, and preserving and enhancing natural conditions and hydrology of washes. This would 

be accomplished by (1) preventing or reducing water quality degradation through 

implementation of applicable BMPs or other specific mitigation measures, and (2) implementing 

travel management actions that maintain authorized vehicle routes in a manner that will promote 

natural hydrology and protect water quality through application of BMPs and actions described 

below for the Transportation and Public Access Management Resource Category. 

Vegetation Resource Management 

Goals and Objectives: Maintain viable populations of all native plant species in the planning 

area, (i.e., creosote bush scrub, microphyll woodlands, and psammophytic scrub), maintain 

habitat connectivity in the planning area to limit habitat fragmentation and support transfer of 

genetic material among sub-populations, promote biological diversity, and maintain and enhance 

a mosaic of plant communities. 

LUP Decision: Classify microphyll woodlands as avoidance areas for surface-disturbing 

activities and land use authorizations. This area will be an avoidance area for all discretionary 

BLM authorizations requiring a permit, lease, or right-of-way (ROW) (e.g., renewable energy 

projects, new utility corridors, communication sites, mineral leasing or sales, filming, and 

agricultural leases). Non-surface disturbing commercial recreation permits may be considered 

on a case-by-case basis in areas open to motorized use and camping. 

Implementation Decision: Allow OHV recreation but close camping in microphyll woodland 

south of Wash 44 and north of Wash 70. 

Future Implementation Actions: To meet the above objectives, BLM proposes future 

management actions to protect and/or restore native species including (1) weed management 

emphasizing prevention, early detection and eradication of invasive nonnative plants; (2) 

restoring degraded native plant communities through restoration activities; (3) restoring surface 

disturbance from discretionary activities; (4) encouraging transplantation of plant species directly 

on-site or onto neighboring public lands where feasible, using approved protocol for surface­
 

 

 

7 

disturbing activities where avoidance is not possible; and (5) removing tamarisk and other 

nonnative invasive plant species using mechanical methods and herbicide applications in 

accordance with BLM policy. 

Wildlife Resource Management 

Goals and Objectives: (1) Maintain viable populations of all native wildlife species; (2) maintain 

habitat connectivity to limit habitat fragmentation and support transfer of genetic material among 

sub-populations, promoting and maintaining healthy key habitats (e.g., microphyll woodlands 

and psammophytic scrub) and associated wildlife assemblages; (3) reducing human-caused 

disturbance to habitats that result in animal mortalities or undesirable effects to populations of 

priority species during critical times, such as breeding or drought; and (4) managing nonnative 

invasive plants where their presence threatens the integrity of general wildlife populations. 

LUP Decision: Classify microphyll woodlands as avoidance areas for all commercial and 

noncommercial surface-disturbing activities and land use authorizations. 

Implementation Decision: Implement actions described below for the Transportation and Public 

Access Management Resource Category. 

Future Implementation Actions: (1) Restore native species habitat distribution and occurrence 

(especially for priority species); (2) authorize reintroductions, transplants, and supplemental 

stockings of native wildlife populations in current or historic ranges to maintain populations, 

distributions, and genetic diversity, conserve threatened or endangered species, restore or 

enhance native wildlife diversity and distribution, and maintain isolated populations; (3) manage 

nonnative invasive species; (4) pursue land acquisition options to consolidate important wildlife 

habitats; (5) maintain habitat connectivity throughout the planning area; (6) consider 

construction of new wildlife guzzlers; and (7) other actions specific to raptors, nongame 

migratory birds, bats, invertebrates, and game animals. 

Special Status Species Management 

Goals and Objectives: (1) Maintain, enhance, and restore habitats for the survival and recovery 

of listed species; (2) prevent proposed or candidate species from becoming listed; (3) perform 

management actions that contribute to recovery and delisting of listed species; (4) achieve stable 

or increasing populations of special status species over time with adequate recruitment and 

survivorship and maintain desired habitat conditions or restore degraded habitats to promote 

reproductive success and survival; and (5) protect sensitive species habitat. 

LUP Decision: Close critical habitat, Areas of Critical Environmental Concerns (ACECs), other 

special area designations, and camping and staging areas to surface occupancy. 

Implementation Decision: Allow camping only in designated areas within BLM sensitive 

species habitat. 
8 

Future Implementation Actions: (1) Authorize reintroductions, transplants, and supplemental 

stockings of special status species populations in current or historic ranges to maintain 

populations, distributions, and genetic diversity, conserve threatened or endangered species, 

restore or enhance diversity and distribution, and maintain isolated populations; (2) maintain or 

restore an appropriate amount, distribution, and characteristics of life-stage habitats for special 

status plant species; (3) manage populations of non-native invasive plants in occupied and 

potential special status plant habitat; and (4) analyze impacts of all projects occurring within 

occupied sensitive species’ habitat and require that projects mitigate the impacts accordingly. 

Wildland Fire Management 

Goals and Objectives: Protect human life and communities, property, and the natural resources 

on which they depend and scale the management response to wildfire to the values, risks and 

other factors present. 

LUP Decision: None 

Implementation Decision: None 

Future Implementation Actions: (1) Implement fuels reduction/treatment programs where 

needed; (2) identify and implement post-fire stabilization and rehabilitation actions in burned 

areas to restore a functional landscape to meet the natural resource management objectives; (3) 

utilize wildland fire suppression methods with lesser ground disturbance to minimize potential 

adverse impacts on special status species, critical habitat, desired plant communities, and cultural 

resources; and (4) use fire retardants or chemicals adjacent to waterways in accordance with 

established standards. 

Cultural Resource Management 

Goals and Objectives: (1) Identify, preserve, and protect significant cultural resources, districts, 

and landscapes and ensure they are available for appropriate uses by present and future 

generations; (2) provide and encourage research opportunities on cultural resources that would 

contribute to the understanding of the ways humans have used and influenced natural systems 

and processes; and (3) seek to reduce imminent threats, direct and indirect impacts to cultural 

resources, and resolve potential conflicts from natural or human-caused deterioration or potential 

conflict with other resource uses. 

LUP Decision: None 

Implementation Decision: None 

Future Implementation Actions: (1) Maintain current cultural resource data in a geographic 

information system (GIS) format and increase knowledge of cultural resources within the 

Planning Area through proactive surveys; (2) work cooperatively with the California State 
 

 

 

 

 

 

 

 

9 

Historical Preservation Office on data sharing, information management, and promotion and 

enhancement of public education; (3) provide for and/or increase interpretive educational 

opportunities at selected cultural and historic sites; and (4) implement protection measures to 

stop, limit, or repair damage to cultural sites. 

Paleontological Resource Management 

Goals and Objectives: (1) Protect and conserve significant paleontological resources as they are 

discovered on public lands; (2) manage paleontological resources in ways that prioritize research 

needs; (3) facilitate educational and recreational needs; (4) protect important sites; and (5) 

develop specific objectives and management actions for fossil localities. 

LUP Decisions: None 

Implementation Decisions: (1) Restrict the collection of all vertebrate fossils and noteworthy 

invertebrate and plant fossils to legitimate scientific or educational uses in accordance with 

permitting procedures; (2) allow recreational collecting of common invertebrate and plant fossils 

in accordance with BLM policy; and (3) require immediate notification if paleontological 

resources are encountered during project ground-disturbing activities. 

Future Implementation Actions: Evaluate paleontological resources as they are discovered, 

considering their scientific, educational, and recreational values. 

Visual Resource Management 

Goals and Objectives: Designate visual resource management (VRM) classes ranging from
 

Class I to IV, and ensure all future projects and actions adhere to the following VRM class 

objectives as appropriate:
 

Class I: Preserve the existing character of the landscape. This class provides for natural
 

ecological changes; however, it does not preclude very limited management activity. The level
 

of change to the characteristic landscape should be very low and must not attract attention.
 

Class II: Retain the existing character of the landscape. The level of change to the characteristic 

landscape should be low. Management activities may be seen, but should not attract the
 

attention of the casual observer. Any changes must repeat the basic elements of form, line, color, 

and texture found in the predominant natural features of the characteristic landscape. 

Class III: Partially retain the existing character of the landscape. The level of change to the 

characteristic landscape should be moderate. Management activities may attract attention, but 

should not dominate the view of the casual observer. Changes should repeat the basic elements
 

found in the predominant natural features of the characteristic landscape.
 
 

 

 

 

 

 

 

 

 

 

 

10 

Class IV: Provide for management activities, which require major modification of the existing 

character of the landscape. The level of change to the characteristic landscape can be high. 

These management activities may dominate the view and be the major focus of viewer attention. 

However, every attempt should be made to minimize the impact of these activities through 

careful location, minimal disturbance, and replication of the basic elements. 

LUP Decisions: Assign all lands in the planning area to a VRM class. Wilderness Areas (WAs) 

will be designated as Class I. A Class II designation will be assigned to lands managed for 

recreation and public purposes as lands that provide a relatively high level of natural landscape 

setting, while allowing for certain recreational components. ACECs will be designated as 

Class II or in some cases as Class III. Class III and IV designations will be assigned to areas 

with high potential for renewable energy resource uses, areas that will be managed for high 

recreational value, and other areas that will continue to be managed primarily for habitat values, 

regardless of scenic quality. The majority of the SRMA, except the WA, will be designated as 

Class II. The majority of Class III and Class IV lands are in the ERMA and in intensively used 

recreation areas, respectively. See section 2.3.12, Table 2-10 and Map 2-2 in the PRAMP for 

acreages and location of lands in each VRM class. 

Implementation Decisions: Future proposed actions will be evaluated through the VRM Contrast 

Rating System to meet management objectives for the applicable VRM Class. 

Special Designations 

Goals and Objectives: For WAs, (1) provide for the long-term protection and preservation of the 

area’s wilderness character under the principle of non-degradation (i.e., the area’s naturalness 

and untrammeled condition, opportunities for solitude, opportunities for primitive and 

unconfined types of recreation, and any ecological, geological, or other features of scientific, 

educational, scenic, or historic value would be managed so that they remain unimpaired); (2) 

meet minimum requirements necessary for the administration of the area for the purpose of the 

Wilderness Act (including measures required in emergencies involving the health and safety of 

persons within the area); and (3) manage any newly designated WAs in accordance with the 

designation authority. For ACECs, provide protection for relevant and important special status 

species, wildlife, scenic values, and significant cultural resources. 

LUP Decisions: (1) Maintain the existing boundaries and uses for the Plank Road ACEC; (2) 

reduce the East Mesa ACEC from 6,454 acres to 5,802 acres; and (3) remove the North 

Algodones Dunes ACEC (25,756 acres) to eliminate conflicting management prescriptions 

between this ACEC and the North Algodones Dunes WA. See section 2.3.13, Table 2-13 and 

Map 2-6 in the PRAMP for acreages and locations of the WA and East Mesa ACEC. See Figure 

5 in BLM 1987b for the location of the Plank Road ACEC. The portion of the East Mesa ACEC 

that would be removed from ACEC designation is within the ERMA on the west side of the 

SRMA. 
 

 

 

 

 

 

 

 

 

 

 

 

11 

Implementation Decisions: Update ACEC and wilderness monitoring plans. Maintain existing 

signage and vehicle barriers at WA boundaries and within Plank Road ACEC. 

Future Implementation Actions: Implement management actions identified in future ACEC and 

WA management plans. 

Mineral Resource Management 

Goals and Objectives: Manage mineral resources in accordance with BLM’s policies and 

national energy policies. 

LUP Decisions: (1) Maintain the planning area, excluding the WA, as open to locatable (e.g., 

gold, silver, copper, lead, gypsum, and mica) mineral entry; (2) classify the ERMA as available 

for geothermal minerals leasing; (3) exclude the SRMA and donated lands from geothermal 

leasing; (4) prohibit surface occupancy within critical habitat, ACECs, other special area 

designations, and camping and staging areas; (5) maintain the SRMA as closed and the ERMA 

as open to salable (e.g., sand, gravel, and building stone) minerals; and (6) prohibit mineral sales 

or free use permits within the SRMA. See section 2.3.14, Table 2-16 and Map 2-11 in the 

PRAMP for acreages and locations of lands available for geothermal minerals leasing. 

Implementation Decisions: None 

Future Implementation Actions: Mining operations, leasing, or sale of minerals would only be 

authorized after analysis of impacts to listed species or other special status species and a 

determination of no effect on listed species. 

Recreation Resource Management 

Goals and Objectives: (1) Set a framework for achieving sustainable experiences and quality of 

life outcomes for individuals, communities, and the environment; (2) sustain the diversity, 

distinctive character, and capacity of BLM recreation settings; and (3) increase the economic 

stability and sustainability of the BLM California recreation program. 

LUP Decisions: (1) Maintain the planning area’s current designation as a destination SRMA 

managed as a regional or national destination through collaborative partnerships, and (2) 

maintain the remainder of the planning area as a limited use ERMA. See Map 2-12 in the 

PRAMP for the locations of the SRMA and ERMA. 

Implementation Decisions: Designate Recreation Management Zones (RMZs) in the planning 

area that represent public lands with a distinctive recreation niche (activities, experiences, and 

benefits). The allocation of the SRMA and RMZs provides the planning area with an activitylevel planning framework for recreation management. RMZs have not previously been 

allocated. 
 

 

 

 

 

 

 

 

12 

Four RMZs will be designated within the planning area. Upon approval of the ROD for the 

RAMP, the BLM proposes to reopen five interim closure areas totaling approximately 49,300 

acres, and implement recreation management in the ISD through the designation of these RMZs 

and OHV Management Areas (MAs) (discussed below). See “Environmental Baseline” section 

below for more discussion of the interim closure areas. See section 2.3.15, Table 2-18 and Map 

2-18 in the PRAMP for acreages and locations of the RMZs. 

• The Open RMZ (127,416 acres) will be managed for OHV and other motorized 

recreational opportunities (i.e., camping) while conserving natural and cultural resources. 

The PRAMP proposes to designate the majority of the SRMA as an Open RMZ. While 

camping is generally allowed in the Open RMZ, the PRAMP proposes to include the 

microphyll woodlands south of Wash 44 and north of Wash 70 in the Open RMZ but 

close this area to camping. 

• The Resource Protection RMZ (9,046 acres) will be managed for its natural qualities to 

provide opportunities for expansive non-motorized recreational activities (i.e., hiking, 

wildlife viewing, and photography). No entry or access roads are designated within this 

RMZ. The PRAMP proposes to include all Peirson’s milk-vetch critical habitat within 

the Resource Protection RMZ. 

• The Limited RMZ (52,370 acres) will be managed for its limited motorized recreational 

opportunities (i.e., camping within 300 feet of designated routes and motorized vehicle 

use limited to designated routes or areas with seasonal restrictions) and for natural 

qualities. The PRAMP proposes to include the ERMA and the area used to access Dune 

Buggy Flats Campground (Gordon Wells area) in the Limited RMZ; however, camping 

will continue to be prohibited in the area used to access Dune Buggy Flats Campground 

per mitigation measures in environmental assessment CA-067-EC95-041 for the flattailed horned lizard. 

• The North Algodones Dunes Wilderness RMZ (26,098 acres) will be managed to sustain 

its natural wilderness characteristics and provide for non-motorized recreation 

opportunities (i.e., hiking, wildlife viewing, and photography). The PRAMP proposes to 

include the North Algodones Dunes WA within this RMZ. 

Transportation and Public Access Management 

Goals and Objectives: The PRAMP outlines several objectives related to this Resource Category 

including (1) continuing to provide essential motorized access to non-Federal lands, prior 

existing rights on BLM lands, and private in-holdings surrounded by BLM lands; (2) continuing 

to provide adequate motorized access for the maintenance of wildlife guzzlers and for dispersed 

recreation activities such as hunting; (3) continuing to provide for a wide variety of recreational 

and other opportunities (e.g., OHV recreation, non-motorized recreation, filming, and 

commercial activities); (4) reducing or halting the unauthorized incursions into closed areas; and 

(5) minimizing impacts to identified sensitive cultural, natural, biological, and visual resources. 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

13 

LUP Decisions: Designate the planning area as Open, Closed, or Limited OHV MAs. See 

section 2.3.16, Table 2-19 and Map 2-26 in the PRAMP for acreages and locations of OHV use 

area designations. 

• The Open OHV MA (127,416 acres) permits all types of vehicle uses at all times, 

anywhere in the area. The PRAMP proposes to include the SRMA, except Peirson’s 

milk-vetch critical habitat and the WA, as an Open OHV MA. The Open OHV MA 

corresponds to the Open RMZ. 

• The Closed OHV MA (35,144 acres) prohibits OHV use by the public, and limits access 

to administrative uses or for emergency purposes. The PRAMP proposes to include all 

Peirson’s milk-vetch critical habitat and the North Algodones Dunes WA in a Closed 

OHV Management Area. The Closed OHV Management Area corresponds to the 

Resource Protection RMZ and the North Algodones Dunes Wilderness RMZ. 

• The Limited OHV MA (52,370 acres) is restricted at certain times, in certain areas, 

and/or to certain vehicular use. These restrictions may be of any type, but can generally 

be accommodated within the following categories: numbers of vehicles, types and sizes 

of vehicles, time or season of vehicle use, permitted or licensed use only, use on existing 

roads and trails, use on designated roads and trails, limited to administrative use only, and 

other restrictions. In accordance with the CDCA Plan, as amended, stopping, parking, 

and vehicle camping is allowed within 300 feet of the centerline of a route, except within 

sensitive areas (such as ACECs) where the limit would be 100 feet. This would be 

monitored on a continuing basis. If monitoring results show effects that exceed limits of 

acceptable change, the distance allowed for motorized vehicles to pull off from a 

designated route may be modified. The PRAMP proposes to include the ERMA and the 

area used to access Dune Buggy Flats Campground (Gordon Wells area) as a Limited 

OHV MA. The Limited OHV MA corresponds to the Limited RMZ. 

Implementation Decisions: The BLM proposes (1) continuing public use of Niland-Glamis and 

Ted Kipf roads along with other unpaved roads; and (2) allowing emergency vehicles to utilize a 

drivable wash to access a site and, where no roads exist, authorizing, on a case-by-case basis, 

emergency vehicles to travel cross-country to avoid the need for road building. Any new roads 

needed for emergency vehicle access will be no wider than needed for reliable access, and BLM 

specifications will be used to reduce erosion. Only the management actions proposed to use and 

maintain the currently designated routes of travel in the planning area are fully analyzed under 

this programmatic biological opinion. Since emergency vehicle access is an unpredictable 

discretionary action, BLM’s approval of cross-country travel by emergency vehicles where no 

roads exist would undergo emergency consultation under section 7 of the Act if BLM determines 

that the action may affect listed species and/or critical habitat. See section 2.3.16, Table 2-20 

and Map 2-27 in the PRAMP for the mileages and locations of the designated routes of travel. 

Designated routes of travel will be maintained to reduce or improve impacts to air quality, soil, 

and water through the following: (1) Treating high-use routes of travel with water for dust 
 

 

 

 

14 

control during high-use weekends; (2) treating OHV staging areas, primary pull-outs, and vender 

areas near the Glamis Flats, Gecko, and Dune Buggy Flats camping areas for dust control 

multiple times per day during high-use weekends; (3) maintaining dirt roads in the planning area 

by re-shaping, compacting, and blading; and (4) maintaining authorized vehicle routes in a 

manner that will promote natural hydrology and protect water quality through application of 

BMPs. Watering will not extend beyond the road bed and would allow for moistening of the soil 

but not result in standing water, and maintenance of dirt roads will not extend beyond 100 feet of 

the roadbed. 

The approximately 228 miles of designated routes of travel currently existing in the planning 

area were developed through the NECO and WECO plans and are being brought forward in the 

PRAMP as valid, existing implementation decisions. Designated routes of travel occur primarily 

in the ERMA and the west side of the SRMA. The routes of travel within the ERMA have been 

designated as Limited, and routes within the SRMA have been designated as Open. No 

designated routes of travel currently exist in the North Algodones Dunes Wilderness or 

Resources Protection RMZs, and no new routes of travel are being proposed as part of the 

PRAMP. 

Lands and Realty Management 

Goals and Objectives: The lands and realty management program consists of four distinct parts: 

land tenure, land use authorizations (including solar and wind energy), withdrawals, and utility 

corridors. Land tenure focuses on disposing of and acquiring lands or interests in lands. Public 

lands would be retained in Federal ownership, unless as a result of land use planning it is 

determined that disposal of a particular parcel would serve the national interest. Land use 

authorization focuses on public demand requests for ROWs (e.g., for access roads, power lines, 

and communications facilities), permits (i.e., temporary filming permits), and communications 

sites. 

LUP Decisions: (1) Open a portion of the ERMA (35,115 acres) for solar and wind energy 

development; (2) exclude the SRMA and a portion of the ERMA, including Peirson’s milk-vetch 

critical habitat, flat-tailed horned lizard MAs, donated lands, and ACEC(s) (153,717 acres) from 

solar and wind energy development; and (3) exclude Peirson’s milk-vetch critical habitat for all 

other types of land use authorizations. See section 2.3.17, Tables 2-22 and 2-23, and Maps 2-32 

and 2-36 in the PRAMP for acreages and locations of lands available for solar and wind energy 

development. 

The PRAMP does not propose disposal of any lands. Also, the PRAMP does not propose any 

new utility corridors or communications sites in the planning area, only continued use of the four 

existing communications sites and two utility corridors in the planning area: one along Interstate 

8 (I-8) and another (a contingency corridor) along the Union Pacific Railroad on the eastern 
 

 

 

 

 

 

15 

boundary of the planning area. See Map 2-28 in the PRAMP for locations of existing 

communications sites and utility corridors. 

Implementation Decisions: None 

Public Health and Safety Management 

Goals and Objectives: The PRAMP outlines several objectives related to this Resource 

Category, such as, (1) improving the health and safety of visitors, employees, and nearby 

residents by working with local, State, and Federal agencies and interest groups; (2) promoting 

safety through education about the rules and regulations within the planning area; and (3) 

promoting safety through law enforcement activities to improve compliance with the rules and 

regulations of the planning area. 

LUP Decisions: None 

Implementation Decisions: None 

Conservation Measures 

The PRAMP proposes various management actions that will avoid, minimize, and compensate 

for impacts to listed and sensitive species and habitats. The following section provides 

additional clarification (beyond what is outlined in the PRAMP and Biological Assessment 

[BA]) on how several of these management actions that will avoid, minimize, and compensate 

for impacts to Peirson’s milk-vetch, its critical habitat, and the desert tortoise will be 

implemented under the PRAMP. 

Peirson’s Milk-vetch 

CM 1.	 Upon approval of the ROD, and in coordination with the Service, implement a 

monitoring plan for Peirson’s milk-vetch as described in Appendix F of the PRAMP. 

The frequency of full-scale monitoring will correspond to years in which adequate 

precipitation (equal to or greater than the 1.82-inch rainfall threshold) occurs between 

October and December. In years where the rainfall threshold is not met, BLM does 

not expect to implement a full-scale monitoring effort but expects instead to 

implement a smaller-scale effort. In years where the rainfall threshold is met, and an 

extensive germination event occurs, BLM expects to monitor for such information as 

Peirson’s milk-vetch density or seed bank estimates. The numbers of transects and 

locations of transects will be determined each year that monitoring is implemented to 

ensure that the highest quality data are collected. See Appendix F of the PRAMP for 

additional details on Peirson’s milk-vetch monitoring. 

CM 2.	 Prohibit motorized vehicle use, except as needed for administrative and emergency 

access, within critical habitat in the ISD by including critical habitat in a Resource 
 

 

 

 

 

 

 

16 

Protection RMZ, and designating this RMZ and the North Algodones Dunes 

Wilderness RMZ as Closed OHV MAs. To implement the closure of critical habitat, 

BLM will (1) install and maintain signage along the critical habitat boundary; (2) 

maintain outreach and education activities; (3) enforce the critical habitat boundary, 

particularly during peak recreation periods; and (4) through records of citations, 

document noncompliance events. Signs closing critical habitat to OHV recreation 

will be placed within line of sight of each other or closer in areas where incursion 

could occur. Signs will be installed within six months of approval of the ROD and 

inspected regularly. Missing or damaged signs will be replaced during inspections. 

BLM will develop outreach and education materials, including maps of the critical 

habitat closure areas, within 1 year of approval of the ROD and distribute these 

materials to visitors. Education materials will also be available at kiosks and ranger 

stations in the ISD. 

Mojave Desert Tortoise 

CM 3.	 Reduce the attraction of predators through proper management of garbage. To 

implement this action, BLM will ensure that within 1 year of approval of the ROD, 

BLM-provided trash receptacles in the ISD have self-closing lids to prevent wind, 

common ravens, and mammals from opening containers. All trash receptacles will be 

regularly inspected and emptied to prevent spillage and maintain sanitary conditions. 

CM 4.	 Reduce and report take of individuals through the following measures: 

a. Within 1 year of approval of the ROD, BLM will develop outreach and education 

materials on the desert tortoise which will include, at a minimum, information on 

species distribution, general behavior, and habitat preferences, species sensitivity to 

human activities, ways to avoid and minimize impacts to the species (e.g., habitats 

to avoid and procedures to follow if an individual is encountered), instructions to 

allow visitors to report sightings, and legal protection and penalties for violation of 

State and Federal laws. These materials will be available at information kiosks and 

ranger stations in the ISD. 

b. BLM will contact the California Department of Fish and Game and Service within 

1 working day of receipt of the carcass of a road-killed desert tortoise for guidance 

on disposal or storage of the carcass. 

CM 5.	 Reduce take of individuals resulting from maintenance of designated routes of travel. 

To implement this action, BLM will do the following during ground-disturbing 

maintenance activities along roads in suitable desert tortoise habitat: 

a. During ground-disturbing route maintenance activities, a Qualified Biologist, 

approved by the Service, will perform a pre-work clearance survey of the work area 

following Service protocols (Service 2009a or more recent). All equipment 
 

 

 

 

 

 

 

 

 

 

 

17 

operators will be provided with desert tortoise awareness training prior to 

conducting on-the-ground activities. The Qualified Biologist will have authority 

from the BLM to halt any action that might result in harm to a desert tortoise. Any 

occupied burrows identified by the Qualified Biologist will be avoided. If a desert 

tortoise is observed in the work area, work in the area will cease until the individual 

has moved out of harm’s way under its own accord. Desert tortoises will not be 

handled without prior authorization from the Service. 

b. The area of disturbance will be confined to the smallest practical area, considering 

topography, location of burrows, public health and safety, and other limiting 

factors. Work area boundaries will be delimited with flagging or other marking 

prior to the start of ground-disturbing maintenance activities to minimize surface 

disturbance associated with vehicle straying. Special habitat features, such as 

burrows, identified by the Qualified Biologist will be avoided. 

c. All trash and food items will be promptly contained within self-closing, raven-proof 

containers. These containers will be removed regularly from the work area during 

maintenance activities to reduce the attractiveness of the area to ravens and other 

desert tortoise predators. All raven-proof containers used during maintenance 

activities will be removed after completion of activities. 

CM 6.	 Reduce take of individuals associated with use of future wildlife guzzlers by ensuring 

that all future guzzlers proposed for construction in tortoise habitat will be constructed 

to prevent entrapment of tortoises. 

CM 7.	 BLM shall prepare and provide to the PSFWO an annual report by September 30 of 

each year of implementation of the RAMP. The annual report shall document, but not 

be limited to, the following: 

a.	 Compliance with conservation measures outlined in this biological opinion. 

b.	 Any activities determined to be out of compliance with conservation measures 

outlined in this biological opinion and the corrective measures implemented to 

bring the project back into compliance. 

c.	 Summary of the results of Peirson’s milk-vetch monitoring conducted in the ISD 

during the reporting year. 

d.	 The number of eggs, juveniles, subadults, or adult tortoises found alive, injured, or 

dead in the ISD for the reporting year as outlined in the “Terms and Conditions” 

section of this biological opinion. 
 

 

 

 

 

 

 

 

18 

e.	 The amount and location of suitable tortoise habitat (e.g., microphyll woodlands) 

disturbed by activities addressed in the PRAMP during the reporting year, and 

changes in patterns of disturbance across the years. 

f.	 Status of signage along Peirson’s milk-vetch critical habitat boundaries (i.e., 

installation and repair); status of development and distribution of Peirson’s milkvetch and tortoise outreach and education activities; status of enforcement actions 

taken to avoid and minimize unauthorized vehicle incursions into Peirson’s milkvetch critical habitat boundaries; status of vehicle noncompliance events into 

Peirson’s milk-vetch critical habitat boundaries (i.e., documented through records 

of citations). 

Action Area 

The implementing regulations to section 7(a)(2) of the Act describe the action area to be all areas 

affected directly or indirectly by the Federal action and not merely the immediate area affected 

by the proposed project (50 CFR §402.02). The action area is the area of potential direct or 

indirect effects of the proposed action and any interrelated or interdependent actions; the direct 

and indirect effects of these activities include associated physical, chemical, and/or biological 

effects of considerable likelihood (Service and NMFS 1998). Indirect effects are those that are 

caused by the proposed action and are later in time but are still reasonably certain to occur 

(Service and NMFS 1986). Analyses of the environmental baseline, effects of the action on the 

species and designated critical habitat, cumulative effects, and the impacts of the incidental 

taking, are based upon the action area as determined by the Service (Service and NMFS 1998). 

The action area for this consultation encompasses the entire 214,930-acre ISD PRAMP area 

encompassing the 138,111-acre ISD SRMA, the 26,098-acre North Algodones Dunes 

Wilderness (located within the SRMA), and the 50,722-acre ERMA, a 1-mile limited use area 

around the entire SRMA. The action area also includes privately owned in-holdings within the 

boundaries of the SRMA and ERMA. 

STATUS OF THE SPECIES/CRITICAL HABITAT 

Peirson’s milk-vetch 

The following section summarizes the best available information about Peirson’s milk-vetch 

legal/listing status, life history, distribution and population trends, current threats, and status of 

critical habitat as discussed in the Service’s critical habitat designation (Service 2008a) and 

12-month finding on a petition to delist the taxon (Service 2008b). Please refer to those 

documents for detailed discussions of these topics. 

In December 2008, and January 2009, two parties filed separate complaints against the Service 

challenging the 2008 critical habitat designation. On August 5, 2010, the court ruled in favor of 

the Service and upheld the 2008 critical habitat designation. 
 

 

 

 

 

 

 

19 

Desert tortoise 

The following section summarizes information about the desert tortoise on the legal/listing 

status, distribution and population trends, and current threats as discussed in the Service’s 5-year 

review and revised recovery plan (Service 2010, 2011b). Please refer to those documents for 

detailed discussion of these topics. 

ENVIRONMENTAL BASELINE 

Regulations implementing the Act (50 CFR §402.02) define the environmental baseline as the 

past and present impacts of all Federal, State, or private actions and other human activities in the 

action area. Also included in the environmental baseline are the anticipated impacts of all 

proposed Federal projects in the action area that have undergone section 7 consultation, and the 

impacts of State and private actions which are contemporaneous with the consultation in 

progress. 

As discussed in the “Action Area” section above, the action area includes the entire 214,930-acre 

ISD, encompassing the 138,111-acre SRMA, the 26,098-acre North Algodones Dunes 

Wilderness (located within the SRMA), and the 50,722-acre ERMA (a 1-mile limited use area 

around the entire SRMA), and privately owned in-holdings within the boundaries of the SMRA 

and ERMA. The following description of the environmental baseline in the action area is 

primarily based on information in the BA for the Draft Recreation Area Management Plan 

(BLM 2009) and in the PRAMP (BLM 2012). 

The ISD contains the largest mass of sand dunes in California. This dune system extends for 

more than 40 miles along the eastern edge of the Imperial Valley agricultural region in a band 

averaging approximately 5 miles in width. It is roughly bordered to the west by the Coachella 

Canal and to the east by Wash Road, Ted Kipf Road, the Union Pacific Railroad tracks, and 

flood control dikes. The International Boundary with Mexico is the southern border of the action 

area. Two major highways, I-8 and State Route 78 (SR-78), and the All-American Canal bisect 

the ISD. The All-American Canal and I-8 are located along the southern portion of the action 

area, and SR-78 bisects the central portion. The Coachella Canal runs along the western 

boundary of the SRMA from the All-American Canal at the southern end of the action area near 

I-8. 

Existing Biological Conditions 

The dunes in the ISD formed primarily due to opposing seasonal winds. Winter winds come 

from the northwest, but often reverse to the southeast in summer. The stronger winter winds are 

slowly pushing the dune system southeastward. The east and west sides of the dune system 

differ substantially in character. West side sands are composed of material that is generally 

heavier and coarser than the lighter, finer sands carried further east in the prevailing winds. The 

coarse sands form the largest, tallest dunes, which are located in the western two-thirds of the 

dune system. These constitute the primary dunes. The tallest dunes are found toward the center 
 

 

 

 

 

 

 

 

 

 

 

20 

of the overall dune mass, in the eastern half of the primary dune area. East of the primary dunes 

are the secondary dunes, smaller dunes composed of finer sands and having more vegetative 

cover. 

The following vegetative communities occur in the action area: psammophytic scrub, creosote 

bush scrub, microphyll woodland, and canal-influenced vegetation (see BLM [2009] for a 

description of common plant species of each community). Psammophytic scrub occurs within 

the interior dune system where active and partially stabilized dunes are found, and occurs most 

frequently between active dunes in depressions that are commonly termed “bowls.” The soils in 

these areas consist primarily of fine sand. As the dunes shift from year to year, the bowls 

generally shift as well. Vegetation is adapted to relatively high sand mobility and deep water 

percolation. Most of the plants in this vegetative community are capable of rapid growth given 

favorable soil moisture conditions. Psammophytic scrub covers approximately 106,247 acres of 

the action area. 

The creosote bush scrub community, generally characterized by relatively barren ground 

between widely spaced shrubs, occurs on the relatively stable soils along the periphery of the 

dune system, and rarely occurs in the central portion of the action area, where shifting dunes are 

prevalent. To the west of the action area, the community consists of almost pure stands of 

creosote bush. On the eastern boundary of the action area, the vegetation is more diverse due to 

the topographic relief of the dunes and runoff from the nearby Chocolate and Cargo Muchacho 

Mountains. The creosote bush scrub within the alluvial fan between the desert washes forms a 

transitional zone with the microphyll woodland vegetation community. The creosote scrub 

vegetation community covers approximately 80,981 ac of the action area. 

The microphyll woodland community occurs on the east side of the action area, in the large 

alluvial fan draining the Chocolate and Cargo Muchacho Mountains. The alluvial fan is 

dissected by numerous ephemeral washes and separated by expansive, level interfluves. 

Microphyll woodlands are generally found along the margins of these dry channels and around 

the cul-de-sac sinks of their termini and are typically best developed in the larger drainages 

where dense stands of a variety of trees occur. This vegetation community covers approximately 

21,992 acres of the action area. 

Both the Coachella and All-American Canals support hydrophytic (water-loving) vegetation that 

is subject to periodic eradication efforts. Although the canals are lined, some seepage occurs and 

promotes the growth of this type of vegetation in the immediate vicinity of the canals. 

The planning area is located in the desert of southeastern California, an area marked by long, hot 

summers and meager rainfall. Surface water in the extended vicinity of the ISD includes the 

Salton Sea, Colorado River, and Gulf of California. Other than the Coachella and All-American 

Canals, and several surface water wildlife guzzlers (water retaining structures), no impounded 

water sources (e.g., lakes or reservoirs) occur in the ISD. Ephemeral surface flows and pools 

form in the washes and low points in the eastern transition areas after infrequent storm events 
 

 

 

 

 

 

 

 

 

 

 

 

 

21 

that typically occur in the springtime of wet years, but can also occur at other times. However, 

pools do not remain for long periods due to the permeable nature of the soils in this area. 

Existing Land Use Conditions 

The ISD has been a recreational area since the 1950s. During this time, the use of the land has 

shifted from being completely open to visitor use to having some areas closed to OHV 

recreation, some areas with restricted visitor use, and some areas remaining fully open to visitor 

use. 

Interim Closures 

As part of legal stipulations due to a lawsuit filed in 2000 against the BLM regarding impacts to 

federally listed species as a result of activities authorized under the CDCA plan, the BLM closed 

five specific areas of the ISD to recreational motorized vehicle use in October 2001 (Figure 1; 

BLM 2001). These five closed areas, referred to as interim or temporary closure areas, total 

approximately 49,300 acres that will remain closed until the ROD for the RAMP is signed. Prior 

to establishment of these interim closure areas, all areas of the ISD, except the WA, were open to 

motorized vehicle use. The on-the-ground boundaries of each interim closure area are identified 

by sign posts. As a result of the interim closures, recreation patterns have shifted and newly 

formed "sand highways" have developed along the borders of the interim closure areas where 

roads/trails have been created by users. The areas outside of the interim closures continue to 

be used for recreational purposes. Once the ROD for the RAMP is approved, these interim 

closures will be eliminated. Figure 1 identifies the locations of the interim closure areas in the 

ISD. 

Visitor Use Areas 

The overall planning area is currently designated as a destination SRMA, managed as a regional 

or national destination, and includes a 1-mile limited use area (ERMA) around the entire SRMA. 

Three ACECs and one congressionally designated WA (overlapping one of the ACECs) 

currently exist within the planning area. Under the remanded 2003 RAMP (BLM 2003), the ISD 

was divided into MAs. While no longer in use, we refer to these formerly designated MAs 

throughout the “Environmental Baseline” section to maintain consistency with previous 

documents that reference these MAs, including the Service’s proposed and final Peirson’s milkvetch critical habitat rules (Service 2007a, 2008b). Figure 1 identifies the location of the current 

WA, ACECs, and formerly designated MAs in the ISD. 

The North Algodones Dunes ACEC (referred to as the North Algodones Dunes Wilderness MA 

in BLM 2003) was designated by the CDCA Plan Amendment 13 in 1989 and 1990, prior to its 

1994 designation as the North Algodones Dunes WA. The ACEC/WA is closed permanently to 

OHVs and other mechanized use, with hiking and horseback access permitted. Primitive 

camping is allowed, but developed camping sites or facilities are not available. No commercial 

uses are permitted, and the use of motorized vehicles of any kind is prohibited. Most use in the 
 

 

 

 

 

 

 

22 

ACEC/WA takes the form of short photographic and sightseeing walks from SR-78, although 

hiking, backpacking, and nature study trips also occur. BLM also conducts guided hikes into the 

North Algodones Dunes ACEC/WA for the local community and school field trips as staffing 

allows. Solitude and primitive recreation are the primary land uses within the wilderness. While 

recreational OHV use is not allowed, unauthorized trespass sometimes occurs. Most vehicle use 

results from Border Patrol activities. Five wildlife guzzlers are located within this ACEC/WA 

along the eastern portion within the microphyll woodlands. None of the ACEC/WA is in an 

interim closure area. 

The East Mesa ACEC was designated as an ACEC in 1980 to protect habitat for the flat-tailed 

horned lizard, which was proposed for listing under the Act as a threatened species, but 

withdrawn from consideration on March 15, 2011. The flat-tailed horned lizard is currently 

listed as a BLM sensitive species and is managed under the Flat-tailed Horned Lizard Rangewide Management Strategy (Flat-tailed Horned Lizard Interagency Coordinating Committee 

2003). The majority of this ACEC is located west and outside of the planning area, with only a 

small portion (approximately 652 acres) occurring in the ISD ERMA. 

The Plank Road ACEC is an approximately 7-mile long by 200-foot wide strip along Plank Road 

near I-8 in the Buttercup area. This ACEC was designated in 1985 to protect cultural resources 

and other resource values and contains the last intact remnant of what was once an important 

east-west vehicle route across the ISD. 

The Mammoth Wash area (referred to as the Mammoth Wash MA in BLM 2003) is the most 

remote OHV recreation area within the planning area due to its northern location and is accessed 

by Niland-Glamis Road. The distance from the pavement to the staging area is approximately 

13 miles. This area is used for camping, hunting, ROWs, motion picture/television filming and 

OHV recreation but lacks visitor facilities such as camping pads, improved roads, latrines, or 

vendors. One wildlife guzzler is located on the east side of this area. A portion of the Mammoth 

Wash area is in an interim closure area. Visitation is usually low in this area, and visitors to this 

area enjoy the remote location away from the intensively utilized areas of the planning area. 

Outside the interim closure area, OHV recreational use is usually low on holidays and weekends 

and minimal during the week. On weekends during the recreation season (October to May), 

visitors tend to be residents from the nearby communities of Niland and Calipatria. 

The Gecko area (generally in the area referred to as the Gecko MA in BLM 2003) is located on 

the west side of the ISD, just south of SR-78. Portions of the Gecko area are in two interim 

closure areas. Outside of the interim closure areas, this area is the most intensively utilized OHV 

recreation area in the ISD and contains numerous developed campgrounds and other facilities 

along Gecko Road, including the Cahuilla Ranger Station, Gecko Campground, Keyhole 

Campground, Roadrunner Campground, 10 hardened camping pads, a vendor area, vault toilets, 

trash facilities, and kiosks. 

The Glamis area (generally in the area referred to as the Glamis MA in BLM 2003) is located 

directly east of the Gecko area, just south of SR-78. This area contains minimal facilities and 
 

 

 

 

 

 

 

 

 

 

 

 

23 

provides for open desert camping. The main access into the Glamis area is via Wash Road. The 

Glamis and Palo Verde Flats areas are open desert camping areas accessed from SR-78. The 

BLM provides trash facilities, law enforcement, emergency medical services, and toilet facilities. 

While primarily undeveloped, several staging areas in the Glamis area, primarily within creosote 

bush scrub and microphyll woodland, have been heavily impacted by recreation activities (e.g., 

devegetation and soil compaction). Portions of the Glamis area are in two interim closure areas. 

The Dune Buggy Flats area (generally in the area referred to as the Dune Buggy Flats MA in 

BLM 2003) is located in the southern portion of the planning area north of I-8. The main access 

into the area is via the Gordons Well exit off I-8 and an improved dirt road. Portions of the Dune 

Buggy Flats area are in two interim closure areas. Outside of the interim closure areas, OHV 

recreation is intensive, similar to the Glamis/Gecko area. Facilities located within this area 

include kiosks, signs, trash facilities, camp hosts, toilets, and a portable ranger station trailer 

staffed by BLM staff on holiday weekends. Camping and intensive OHV riding in and around 

staging areas has resulted in severe devegetation and soil compaction. 

The central dunes area (generally in the area referred to as the Adaptive MA in BLM 2003) is 

located east of the former Dune Buggy Flats MA north of I-8. No camping, facilities, or staging 

areas are located within this area, and historical use consisted of dispersed OHV use. Almost all 

of the central dunes area is in an interim closure area. Likely due to the lack of facilities or 

staging areas and the large interim closure area, visitation in this area is low. 

The Ogilby area (generally in the area referred to as the Ogilby MA in BLM 2003) is located in 

the southeastern area of the planning area and includes the Ogilby and Dunes Vista camping 

areas. Access to this area is via the Ogilby Road and a dirt/sand road. This area is similar to 

Mammoth Wash, and there are no facilities or services except BLM patrols. Portions of the 

Ogilby area are in two interim closure areas. Visitation is low to moderate, with most use 

occurring on weekends and holidays. 

The Buttercup area (generally in the area referred to as the Buttercup MA in BLM 2003) is 

located south of I-8 and north of the United States-Mexico border and is generally used for 

camping, OHV recreation, sightseeing, commercial vending, education, filming, and ROWs. A 

small portion of the Buttercup area is in an interim closure area. Outside of the interim closure, 

the area generally receives relatively high visitation. Buttercup Ranger Station is located here 

and provides visitor information (maps, education materials, information about the ISD) and 

emergency medical services. Permits are sold here (there is a kiosk for busy weekends) and the 

station serves as a law enforcement facility during busy weekends. Grays Well Road provides 

access to Buttercup, Midway, and the Plank Road camping areas. All three camping areas have 

vault toilets and trash facilities. At Plank Road, a metal protective barrier and interpretive signs 

surround the remnants of the old wooden road built in 1916 that enabled vehicles to cross the 

ISD. This area is readily accessible from I-8 but receives reduced use in less accessible portions 

of the interior. In addition to OHV impacts, this area also is heavily used by the Border Patrol to 

control illegal immigrant traffic along I-8. The area is isolated from the larger dune system and 
 

 

 

 

24 

East Mesa by the All-American Canal. The Mexican portion of the Algodones Dunes is 

contiguous with this area but is bounded by the developed area associated with Ciudad Morelos. 

Within the ERMA, the area 1 mile from the SRMA, OHV recreation opportunities are limited 

(i.e., camping within 300 feet of designated routes, motorized vehicle use limited to designated 

routes or areas with seasonal restrictions). Within the ERMA, the area west of the Coachella 

Canal and adjacent to Gordons Well Road has been closed to camping since March 2002 to 

protect the flat-tailed horned lizard and its habitat. This closure was implemented to offset 

impacts associated with construction and operation of the Herman Schneider Memorial Bridge 

that opened in April 2001 and provides OHV access across the All-American Canal and the 

shared use (OHV and street-legal vehicles) of the Gordons Well overpass. The bridge allows 

OHV enthusiasts legal access across I-8 from the Buttercup Valley to the Dune Buggy Flats area. 

The land east of and adjacent to the closed area is privately owned and supports an OHVoriented private business as well as campgrounds and residences. None of the ERMA is in an 

interim closure area. 

Visitation 

The majority of the visitation in the ISD occurs from October through May. Summer visitation 

level is low due to extremely high temperatures, although some OHV activity does occur during 

the summer nights. Typically, the planning area experiences high levels of visitation during 

Halloween, Thanksgiving, New Year’s Eve/Day, Martin Luther King Jr. Day, Presidents’ Day, 

and Easter holiday weekends. 

In addition to the camping areas within the ISD, visitors have historical congregation sites, most 

of which are along major access roads. Vendor row (alternatively known as the mall) is an area 

in Glamis Flats that has been historically used for vending of commercial goods and services. 

The vendors set their sites along the south side of SR-78 between the Glamis Flats off-ramp and 

the Glamis private property line. Rows of vendors often form, facing each other with OHV 

traffic flowing between them. Additional rows, similar in design, generally follow along the 

west private property boundary of Glamis. 

There are also historical gathering areas farther into the dunes. Some of these sites are 

Competition Hill, Oldsmobile Hill, Patton Valley, Test Hill, and Buttercup Valley. Visitors meet 

at these locations to test their OHVs and riding skills. Visitation at these sites peaks during 

different times of the day, and they are usually busiest during the holidays. 

The ISD is located within a 3-hour drive from Los Angeles, Riverside, San Diego, and Phoenix 

and is a highly valued and unique recreation resource within the southwestern United States for 

two reasons: (1) It is a sand dune ecosystem of unparalleled size and height; and (2) it fills a 

unique and valued niche for providing the largest acreage of dune-oriented motorized 

recreational opportunities in the United States. The ISD has far more acreage than the 10 other 

dune areas that are located within 1,500 miles. 
 

 

 

 

25 

Continued population growth in southern California, expanding popularity of OHV recreation 

(108-percent increase since 1980 in California; California State Parks 2002), and a decrease in 

the acreage available to OHV recreation in the California desert have resulted in a steady 

increase in visitation within the action area. Due to the increased demand for OHV recreation, 

there has been a need for increased law enforcement. 

The ISD provides for many types of recreational experiences, with OHV recreation as the 

dominant activity. The OHV enthusiasts who visit on holiday weekends experience large 

crowds, noise, and intensive, 24-hour OHV activity in areas such as Glamis, Gecko, Dune Buggy 

Flats, and Buttercup. There are other locations within the ISD where OHV recreation is less 

intense on holiday weekends, and visitors can have a quieter, less intensive experience (i.e., 

Mammoth Wash or the Ogilby areas). 

The ISD is managed to provide both non-motorized and motorized recreational opportunities to 

area residents and visitors. In addition to OHV recreation, the ISD provides other recreational 

opportunities including hiking, horseback riding, wildlife and scenery viewing, picnicking, 

photography, nature study and environmental education, camping, sightseeing, and driving for 

pleasure. 

The types of vehicles that are utilized within the ISD include OHVs and street-legal vehicles. 

The vehicle types that can be found include: sand rails, dune buggies, all-terrain vehicles, 

motorcycles, 4 wheel-drive (WD) pickups, 2WD pickups, sport utility vehicles, and custom built 

off-road vehicles. Private, law enforcement, military, commercial, and rescue aircraft frequently 

fly over the dunes at low altitudes. 

Average annual visitation for fiscal years 2004 through 2009 was estimated at 1.4 million 

visitors (see section 3.15.6, Table 3-17 in the PRAMP), with peak visitation between October 

and April. Visitation is unevenly distributed throughout the year, with the highest visitation 

occurring during the major holiday weekends. The visitation estimates for the major holiday 

weekends often exceed 100,000 visitors. For example, the average visitation during 

Thanksgiving weekend for fiscal years 2004 through 2009 was 179,677. Approximately 35 

percent of the annual visitation occurs during 25 percent of the recreation season (i.e., two out of 

8 months in the season). 

Facilities 

The sandy terrain limits access to most of the ISD for vehicle camping. The acreage that is 

suitable is primarily along Gecko Road, a portion of the Glamis area, the western side of the 

Mammoth Wash area, Dune Buggy Flats, the eastern portion of the Ogilby area, and the area 

adjacent to Grays Well Road in Buttercup (Figure 1). 

The ISD has two developed campgrounds adjacent to Gecko Road. It consists of north and south 

loops that extend out into a rolling sand dunes area. Roadrunner Campground is located at the 

terminus of Gecko Road. It consists of one loop that extends out into a flat sandy area. The 
 

 

 

 

 

 

 

 

 

26 

southern portion of the Roadrunner loop and the northern loop of Gecko Campground are filled 

in with hard dirt/gravel material to provide camping space. These two campgrounds are the only 

developed camping areas (e.g., contain vault toilets) in the ISD. 

BLM has constructed nine dirt/gravel pads in order to provide additional camping areas for 2WD 

vehicles. The rest of the camping in the ISD is relatively dispersed, although visitors tend to stay 

in historically used areas such as Glamis, Gecko, Buttercup, and Dune Buggy Flats. These areas 

provide trash dumpsters and have vault toilets. 

Cahuilla Ranger Station is located on Gecko Road near SR-78. The station provides interpretive 

services and information to visitors. It also serves as the incident command center during 

holiday weekends for the BLM and a contact point for emergency services. There is also a 

maintenance shed to accommodate BLM OHVs, emergency vehicles, and supplies. Buttercup 

Ranger Station, located in the Buttercup area south of I-8, provides visitor information (i.e., 

maps, education materials, and information about the ISD) and emergency medical services. 

Species Abundance in the Action Area 

Peirson’s milk-vetch 

Within the action area, Peirson’s milk-vetch is restricted to about 53,000 acres in a narrow band 

running 40 miles northwest to southeast along the western portion of the ISD. Plants are 

generally scattered throughout the dune complex with a higher abundance along the central and 

western aspect of the dunes (BLM 2009). Milk-vetch surveys were conducted in 1977 and again 

annually between 1998 and 2007 (see Service 2008a and 2008b for a detailed description and 

results of all Peirson’s milk-vetch survey efforts in the ISD up to 2007). Surveys were not 

conducted in 2008, 2009, 2010, or 2011 due to insufficient rainfall (D. Steward, BLM, pers. 

comm. 2011a; A. Trouette, BLM, pers. comm. 2012). As discussed in Service (2008a, 2008b), 

the disparity between the different survey methods and the data collected make it difficult to 

assess status and trends of the Peirson’s milk-vetch population. However, the Service considers 

the surveys conducted by BLM to be the most extensive and precise effort to determine overall 

population abundance and distribution of this species. The amount of data gathered in 2005 was 

the result of an exceptionally good rainfall year and extraordinary monitoring effort and 

represents the best available estimate of the potential population and extent of habitat for 

Peirson’s milk-vetch in the ISD (Service 2008a, 2008b). The 2005 effort effectively covered all 

areas containing Peirson’s milk-vetch. Table 1 below outlines the number of plants estimated to 

occur inside and outside of critical habitat and in the interim closure areas outside of critical 

habitat in each MA. As discussed above, while no longer in use, we refer to the MAs designated 

under the remanded 2003 RAMP to maintain consistency with previous documents that reference 

these MAs, including the Service’s proposed and final Peirson’s milk-vetch critical habitat rules 

(Service 2007a, 2008b). 
 

 

 

 

 

27 

Table 1. Number of plants estimated to occur inside and outside of Peirson’s milk-vetch 

final critical habitat and in each interim closure area outside of critical habitat in each MA 

(as designated in the remanded 2003 RAMP). 

MA (visitor use areas as 

discussed in the 2003 

RAMP) 

Estimated Number of Plantsa 

In Critical 

Habitat 

Outside of 

Critical 

Habitat 

Total In and 

Outside of 

Critical Habitat 

In Interim Closure 

Areas Outside of 

Critical Habitat 

Mammoth Wash MA 

(Mammoth Wash area) 32,625 4,252 36,877 2,060 

North Algodones Dunes 

Wilderness MA 

(North Algodones 

Dunes WA) 

58,192 5,286 63,478 ----­b 

Gecko and Glamis MAs 

(generally includes the 

Gecko and Glamis 

areas) 

----­c 82,997 82,997 51,043 

Dune Buggy Flats MA 

(generally includes the 

Dune Buggy Flats area) 

----­c 0 0 0 

Adaptive and Ogilby 

MAs 

(generally includes the 

central dunes and 

Ogilby areas) 

504,384 20,290 524,674 12,020 

Buttercup MA 

(generally includes the 

Buttercup area) 

30,011 1,768 31,779 0 

Total 625,212 114,593 739,805 65,123 a Estimated number of plants based on our calculations using BLM’s 2005 raw survey data as described in
 

Service (2008a, 2008b). b.No interim closure areas in this MA. c.Critical habitat was not designated in this
 

MA.
 

Peirson’s Milk-vetch Critical Habitat 

Critical habitat occurs in the Mammoth Wash (Subunits 1A and 1B), North Algodones Dunes 

Wilderness (Subunits 1C and 1D), Adaptive and Ogilby (Subunits 3A, 3B, and 3C), and 

Buttercup (Unit 4) MAs. Approximately 6,757 acres of the 12,105 acres of critical habitat 

designated in the ISD is within interim closure areas in Mammoth Wash, Adaptive, and Ogilby 

MAs that have been closed to OHV use since 2001. The information presented below on 

numbers and density of Peirson’s milk-vetch and habitat quality is summarized from the 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

28 

Service’s critical habitat designation (Service 2008a) and constitutes the best available 

information on the status of Peirson’s milk-vetch critical habitat. 

Habitat in Subunits 1A and 1B (Mammoth Wash MA) supports the largest numbers of Peirson’s 

milk-vetch in this MA, contains a higher density of standing plants than adjacent areas, and 

likely supports a large seed bank. All of Subunit 1A is currently open to motorized recreation, 

including OHV use and camping. A portion of Subunit 1B is in an interim closure area closed to 

motorized recreation. Motorized recreation is allowed in the remainder of Subunit 1B but is 

limited to designated routes of travel only. As discussed in the “Visitor Use Areas” section 

above, visitation in the Mammoth Wash area is generally low. 

Habitat in Subunits 1C and 1D (North Algodones Dunes WA) retains the most natural and 

pristine features of the dunes ecosystem, and includes the best remaining example of a dune 

system undisturbed by intensive OHV recreation in the ISD. These subunits support the largest 

numbers of Peirson’s milk-vetch in the North Algodones Dunes WA, contain a higher density of 

standing plants than adjacent areas, and likely support a large seed bank. All of Subunits 1C and 

1D have remained closed to motorized recreation since the area was designated as a WA in 1994. 

Habitat in Subunits 3A, 3B, and 3C (Adaptive and Ogilby areas) represents the largest, widest, 

and highest sand dune fields within the dunes. These subunits support the largest numbers of 

Peirson’s milk-vetch dunes-wide, contain a higher density of standing plants than adjacent areas, 

and likely support large seed banks. All of Subunit 3A and the northern portion of Subunit 3B 

(in the Adaptive MA) are in an interim closure area closed to motorized recreation. The southern 

portion of Subunit 3B and all of Subunit 3C (in the Ogilby MA) are currently open to motorized 

recreation, including OHV use and camping. As discussed in the “Visitor Use Areas” section 

above, visitation in the areas of the Ogilby MA outside of the interim closure area is generally 

low to moderate. 

Habitat in Unit 4 (Buttercup MA) supports the largest number of Peirson’s milk-vetch in the 

MA, contains a higher density of standing plants than adjacent areas, and likely supports a large 

seed bank. All of Unit 4 is currently open to motorized recreation, including OHV use and 

camping. As discussed in the “Visitor Use Areas” section above, visitation in the Buttercup MA 

is generally high. 

Desert Tortoise 

Roughly half of the northeastern portions of the Mammoth, North Algodones Dunes, and Glamis 

MAs, and a small portion of the Adaptive MA, occur in the Colorado Desert Recovery Unit per 

the species revised recovery plan (Service 2011b). The nearest critical habitat unit, the 

Chuckwalla Unit, occurs approximately 6 miles from the ISD (Service 1994). Beginning in 

the 1980s and into the 1990s, over 100 desert tortoises were relocated to the area south of 

Mesquite Mine along Ogilby Road and Vista Mine Road, within 0.5 to 2 miles of the ISD. 

Abundant desert tortoises (from 0 to 59 desert tortoises per square mile) occur in the vicinity 

of Mesquite Mine about 3 miles east of the ISD (Nicholson 1984), and an average desert 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

29 

tortoise density of 20 desert tortoises per square mile was reported for the proposed Mesquite 

Regional Landfill site directly to the east of ISD. However, tortoise densities in the ISD are 

considered low based on the rarity of sightings and sign. Fall 2002 surveys conducted by 

BLM on the eastern side of the ISD yielded two live desert tortoises, nine burrows, four 

pallets, six scats, one shell fragment, and two sets of tracks (Wright 2003). Almost all (92 

percent) of the tortoise sign, including both live tortoises, was found east of railroad 

tracks/Ted Kipf Road and south of SR-78 in the vehicular open area. West of the railroad 

tracks/Ted Kipf Road, two burrows and two scats were found during the survey. Incidental 

records of desert tortoise sightings in the general area include: one found in the Buttercup 

MA in the late 1980s (J. Watkins, BLM, pers. comm. 1991), one on Vista Mine Road about 

0.5 miles from the ISD in 2001 (D. Himmerich, BLM, pers. comm. 2001) and several others 

along Vista Mine Road outside of the ISD in 2008 (D. Steward, BLM, pers. comm. 2011b), 

and one between Ted Kipf Road and the railroad approximately 1 mile north of Clyde also in 

2001 (G. Heine, BLM, pers. comm. 2001). In addition, a possible desert tortoise burrow was 

seen in the open area several miles southwest of the Glamis area in the spring of 2002 (G. 

Wright, BLM, pers. comm. 2002). The few tortoises observed have been on the east side of 

the ISD or east of the ISD, primarily associated with microphyll woodland and creosote bush 

scrub habitat. The history and increasing trend of motorized vehicle recreation likely 

contributes to the rarity of tortoises in suitable habitat within the ISD. 

Factors Affecting the Species’ Environment within the Action Area 

Before the desert tortoise and Peirson’s milk-vetch were listed in 1980 and 1998, respectively, 

activities occurred that have eliminated or fragmented habitat for these species, including but not 

limited to: the Yuma Reclamation Project to realign and line the Coachella Canal completed 

in the early 1980s, the Coachella Canal completed in 1949, the All-American Canal built 

between 1934 and 1940, the construction and ongoing operation of SR-78 and I-8, and the 

construction of the Gray’s Well Bridge. Potential habitat also has been eliminated or 

fragmented by ongoing Border Patrol activities and motorized vehicle recreation in the ISD, 

both of which have increased over the years. This elimination and fragmentation of the 

habitat is part of the baseline. 

As discussed in the “Existing Land Use Conditions” section above, five areas in the ISD have 

been closed to motorized recreation since 2001. These interim closures have shifted the baseline 

of recreational use, closing approximately 49,300 acres to motorized vehicle use in areas that 

were previously open to such use. Along the borders of the interim closure areas are newly 

formed “sand highways” where roads/trails have been created by users. This recreational use 

shift and creation of “sand highways” has had no effect on the baseline for desert tortoises 

due to the lack of habitat and infrequent sightings of tortoises. However, this recreational 

shift has impacted Peirson’s milk-vetch by concentrating OHV-use within relatively narrow 

bands through areas occupied by Peirson’s milk-vetch that were formerly exposed to more 

dispersed OHV-use. This recreational shift is part of the baseline. 

In 2003, the Service issued a biological opinion analyzing the effects of implementing the 2002 
 

 

 

 

 

 

 

30 

RAMP on Peirson’s milk-vetch and desert tortoise. Then in 2005, the Service issued a new 

biological opinion for the final 2003 RAMP addressing impacts to Peirson’s milk-vetch critical 

habitat, designated in 2004, and several other issues. However, due to a lawsuit, the 2003 

RAMP and associated documents, and the 2005 biological opinion for the 2003 RAMP were 

vacated and remanded. Since the vacatur and remand, the BLM has managed the ISD using a 

compilation of authorizations, including the approved 1987 RAMP; measures implemented 

pursuant to, but before, the 2003 RAMP was invalidated; and wilderness designation. Despite 

management of the ISD using this compilation of authorizations, minimization measures, and 

wilderness designation, Peirson’s milk-vetch and desert tortoise have continued to be impacted, 

primarily as a result of direct mortality and habitat loss/degradation associated with OHV-use 

and construction and operation of visitor facilities. The impacts that have occurred due to 

management of the ISD prior to the PRAMP are part of the baseline. 

Recent Federal actions potentially impacting Peirson’s milk-vetch in the action area include 

construction of 19 vault toilets in established recreational areas (Service 2009b). During 

informal consultation with the BLM in 2009, we determined that the vault toilet project was not 

likely to adversely affect Peirson’s milk-vetch or its critical habitat based on absence of the taxon 

and its critical habitat in the project area and the measures proposed as part of the project to 

minimize impacts to the taxon if encountered during the project. 

Recent Federal actions potentially impacting tortoises in the action area include maintenance 

along Wash Road (Service 2009c). During informal consultation with the BLM in 2009, we 

determined that maintenance of Wash Road was not likely to adversely affect desert tortoises 

based on absence of the species in the project area and the measures proposed as part of the 

project to minimize impacts to the species if encountered during the project. 

EFFECTS OF THE ACTION 

Effects of the action refer to the direct and indirect effects of an action on the species or critical 

habitat that would be added to the environmental baseline, along with the effects of other 

activities that are interrelated or interdependent with that action. Interrelated actions are those 

that are part of a larger action and depend on the larger action for their justification. 

Interdependent actions are those that have no independent utility apart from the action under 

consideration. Indirect effects are those that are caused by the proposed action and are later in 

time, but are still reasonably certain to occur. In contrast to direct effects, indirect effects can 

often be more subtle, and may affect species and habitat quality over an extended period of time, 

long after project activities have been completed. Indirect effects are of particular concern for 

long-lived species such as the tortoise, because project-related effects may not become evident in 

individuals or populations until years later. 

This biological opinion does not rely on the regulatory definition of “destruction or adverse 

modification” of critical habitat at 50 CFR 402.02. Instead, we have relied upon the statute and 

the August 6, 2004, Ninth Circuit Court of Appeals decision in Gifford Pinchot Task force v. 
 

 

 

 

 

 

31 

U.S. Fish and Wildlife Service (No. 03-35279) to complete the following analysis with respect to 

critical habitat. 

The PRAMP proposes various management decisions and actions that may affect listed species 

and designated critical habitat over a large area. In such cases, we frequently do not have 

extensive data upon which to base our analyses. In developing this biological opinion, we used 

the best available information, as required in the Act and its implementing regulations. 

Specifically, 50 CFR § 402.14(d) requires the Federal action agency requesting formal 

consultation to provide us “with the best scientific and commercial data available or which can 

be obtained during the consultation for an adequate review of the effects that an action may have 

upon listed species or critical habitat.” If we determine “that additional data would provide a 

better information base from which to formulate a biological opinion, [we] may request an 

extension of formal consultation and request that the Federal agency obtain additional data to 

determine how or to what extent the action may affect listed species or critical habitat” [50 CFR 

§ 402.14(f)]. The consulting Federal agency bears the responsibility “to the extent practicable,” 

to obtain the required data “which can be developed within the scope of the extension” [50 CFR 

§ 402.14(f)]. Finally, 50 CFR § 402.14(g)(8) states that “In formulating its Biological Opinion, 

any reasonable and prudent alternatives, and any reasonable and prudent measures, the Service 

will use the best scientific and commercial data available and will give appropriate consideration 

to any beneficial actions taken by the Federal agency or applicant, including any actions taken 

prior to the initiation of consultation.” 

This section analyzes the effects of implementing the PRAMP on listed species and designated 

critical habitat. We did not analyze the effects of any site-specific future actions that are beyond 

the scope of this plan amendment. As the PRAMP notes, site-specific actions may be allowed 

after they are analyzed pursuant to the NEPA and section 7(a)(2) of the Act, as appropriate. Of 

the management decisions and actions proposed under the 17 Resource Categories, only those 

proposed under the Recreation Resource Management and the Transportation and Public Access 

Management Resource Categories, except those associated with administrative and emergency 

vehicle access, are fundamentally authorized by the PRAMP and become effective with the 

signing of the ROD for the RAMP. Therefore, we conducted our analysis of the effects of 

implementing these management decision and actions, whether beneficial or adverse, to 

Peirson’s milk-vetch and its critical habitat and the desert tortoise within the action area in 

relation to their survival and recovery needs and to the role and function of designated critical 

habitat. For management decisions and actions proposed in the PRAMP under the remaining 

Resource Categories, we provide a general analysis of effects to the listed species and critical 

habitat at a programmatic level. 

Though this biological opinion may conclude that implementation of the PRAMP is not likely to 

jeopardize the continued existence of listed species or adversely modify critical habitat, a 

specific action may be proposed in the future that could result in a finding of jeopardy or adverse 

modification of critical habitat. Such a circumstance could occur when permit applications 

contain project-specific details that cannot be evaluated at this programmatic level. 
 

 

 

 

 

 

 

 

32 

Resource Categories Not Likely to Adversely Affect Listed Species or Critical Habitat 

Management decisions and actions proposed under the following Resource Categories are not 

anticipated to adversely affect listed species or designated critical habitat, or they would cause 

only potential beneficial effects. As such, these Resource Categories will not be addressed 

further in this biological opinion. 

Air Resources Management 

The PRAMP proposes to maintain or improve air quality by complying with State of California 

air emission standards. Several actions described under Transportation and Public Access 

Management would also serve to maintain or improve air quality; the effects of those actions are 

discussed below. With proper implementation of these standards, we do not anticipate adverse 

effects to listed species or the function and conservation role of critical habitat at the 

programmatic level. 

Soil Resources Management 

The PRAMP proposes to maintain or improve soil quality by adopting regional standards for 

rangeland health related to soils and adopting appropriate BMPs included in Appendix C of the 

PRAMP. Several actions described under Transportation and Public Access Management would 

also serve to maintain or improve soil quality; the effects of those actions are discussed below. 

With proper implementation of the BMPs, we do not anticipate adverse effects to listed species 

or the function and conservation role of critical habitat at the programmatic level. 

Water Resources Management 

The PRAMP proposes to prevent or reduce water quality degradation through implementation of 

applicable BMPs or other mitigation measures. Several actions described under Transportation 

and Public Access Management would also serve to maintain or improve water quality; the 

effects of those actions are discussed below. With proper implementation of the BMPs, we do 

not anticipate adverse effects to listed species or the function and conservation role of critical 

habitat at the programmatic level. 

Cultural Resource Management 

The PRAMP does not propose any LUP or Implementation decisions but proposes several future 

implementation actions related primarily to data collection and sharing, educational outreach, or 

protection of cultural sites. Since these actions would not result in ground-disturbance, or likely 

only minimal disturbance, we do not anticipate adverse effects to listed species or the function 

and conservation role of critical habitat at the programmatic level. 
 

 

 

 

 

33 

Paleontological Resource Management 

The PRAMP proposes to restrict the collection of all vertebrate fossils and noteworthy 

invertebrate and plant fossils to legitimate scientific or educational uses, allow recreational 

collecting of common invertebrate and plant fossils, and require immediate notification if 

paleontological resources are encountered during project ground-disturbing activities. While 

minimal paleontological resources occur in the active dunes, some fossils may occur in the 

remainder of the planning area (N. Hamada, BLM, pers. comm. 2011). Given that recreational 

collection of invertebrate and plant fossils would be done by hand (i.e., picking fossils up off the 

ground) with minimal surface disturbance, we do not anticipate adverse effects to listed species 

or the function and conservation role of critical habitat at the programmatic level. 

Visual Resource Management 

The PRAMP proposes to assign all lands in the planning area to a VRM class. This 

classification system analyzes the visual impacts from proposed land uses, is a classification 

system only, and does not allow on-the-ground actions to proceed upon approval of the RAMP. 

Therefore, we do not anticipate adverse effects to listed species or the function and conservation 

role of critical habitat at the programmatic level from assigning lands to a VRM class. 

Special Designations 

The PRAMP proposes to remove the existing North Algodones Dunes Wilderness ACEC, 

maintain the existing Plank Road ACEC boundaries and uses, and reduce the portion of the 

existing East Mesa ACEC that overlaps within the planning area. The existing North Algodones 

Dunes WA boundaries and uses would continue to be maintained per the WA designation. The 

North Algodones Dunes Wilderness ACEC directly overlaps the boundaries of the North 

Algodones Dunes WA (Figure 1). Therefore, removal of the ACEC designation from this area 

would not change the authorized uses currently allowed under the WA designation and would 

not adversely affect listed species or the conservation role of critical habitat. We also do not 

anticipate adverse effects to listed species or the function and conservation role of critical habitat 

as a result of maintaining the existing boundaries and uses of the Plank Road ACEC since no 

listed species or critical habitat occurs in or near the ACEC. 

The 652-acre area proposed to be removed from the East Mesa ACEC is in the ERMA 

(Figure 1). Under the PRAMP, lands in this portion of the ERMA would be available to 

geothermal mineral leasing but with no surface occupancy, open to locatable and salable 

minerals, and within a Limited RMZ and OHV MA. However, since no listed species or critical 

habitat occur in this area; we do not anticipate adverse effects to listed species or the function 

and conservation role of critical habitat as a result of the removal of this 652-acre area in the 

planning area that would be removed from the East Mesa ACEC. 
 

 

 

 

34 

Resource Categories Likely to Adversely Affect Listed Species or Critical Habitat 

Rangeland Health Standards Management 

The PRAMP proposes to continue to use national policy and regional standards to maintain 

rangeland health. With proper implementation of these standards, we do not anticipate adverse 

effects to listed species or the function and conservation role of critical habitat at the 

programmatic level. In fact, application of these standards would likely benefit listed species 

and designated critical habitat because they would improve ecological conditions of BLM lands. 

The PRAMP also proposes to document rangeland health throughout the planning area by 

conducting surveys (visual and photographic). Since these surveys would be conducted at 30 

sites every 10 years using designated routes of travel or open travel areas, be conducted outside 

of the spring growing season, and avoid deep bowls in the dunes and large individual Peirson’s 

milk-vetch plants, we anticipate such surveys would have only minimal impacts on Peirson’s 

milk-vetch and no effects to the taxon’s critical habitat. However, travel to conduct these 

surveys in potential tortoise habitat (i.e., microphyll woodland and creosote) could affect desert 

tortoises (i.e., trampling or destruction of animals and habitat and the disturbance of breeding 

behavior). Since travel would be along designated routes or open travel areas, the impacts of 

conducting these surveys would be similar to those resulting from recreational and transportation 

activities as discussed below. However, the impacts would be of a lesser magnitude because of 

the scale of the survey effort (less than 10 people surveying 30 sites every 10 years) relative to 

the scale of recreational and transportation activities currently occurring in the ISD. 

Vegetation Resource Management 

The DPRAMP proposes to (1) classify microphyll woodlands as avoidance areas for all 

commercial and noncommercial surface-disturbing activities and land use authorizations; (2) 

implement future actions such as removal of nonnative invasive plant species, including 

tamarisk, using mechanical and chemical applications and restoration of degraded native plant 

communities; and (3) allow OHV recreation but close camping in microphyll woodland south of 

Wash 44 and north of Wash 70. The general effects of these actions, except #3, are discussed 

below. The effects of allowing OHV recreation but closing camping in microphyll woodland are 

discussed below under Recreation Resource Management. 

Peirson’s milk-vetch critical habitat does not occur in microphyll woodland; therefore, 

classifying microphyll woodlands as avoidance areas would not affect critical habitat. However, 

desert tortoises may occur and Peirson’s milk-vetch does occur in microphyll woodland habitat 

in the planning area. Several Peirson’s milk-vetch plants have been found in microphyll 

woodland in the Mammoth Wash and Glamis areas. These occurrences likely represent 

individuals occupying a transition area where remnant dunes overlap microphyll woodland 

habitat. Therefore, classifying microphyll woodlands as avoidance areas for all commercial and 

noncommercial surface-disturbing activities and land use authorizations would benefit both 

species since permits, leases, or ROWs (e.g., for renewable energy projects, new utility corridors, 

communication sites, mineral leasing or sales, filming, special recreation [competitive or special 
 

 

 

 

 

 

 

35 

events, etc.], and agricultural use) would not be authorized in these areas unless no other 

practicable alternatives (within the scope of the RAMP) for the authorization exist. 

While commercial and noncommercial surface-disturbing activities and land use authorizations 

could be authorized in avoidance areas if not other practicable alternatives exist, authorization of 

activities that would significantly reduce or degrade microphyll woodland habitat is unlikely. 

The PRAMP recognizes microphyll woodland as a “desired plant community” and “key” habitat 

(see sections 2.3.6.1.1 and 2.3.7.1.1 “Goals and Objectives” in the PRAMP) and outlines goals 

and objectives to promote and maintain healthy microphyll woodland in the Planning Area for its 

intrinsic value and for its value as wildlife habitat. Also, under the FLPMA of 1976, BLM must 

manage public lands “in a manner that will protect the quality of scientific, scenic, historical, 

ecological, environmental, air and atmospheric, water resource, and archaeological values; that, 

where appropriate, will preserve and protect certain public lands in their natural condition, that 

will provide food and habitat for fish, wildlife, and domestic animals...” Because BLM 

prioritizes protection of microphyll woodland as a “desired” or “key” habitat under the PRAMP 

and as an important resource under FLPMA (D. Steward, BLM, pers. comm. 2012), we consider 

it unlikely that BLM would authorize activities that cause significant adverse impacts to the 

tortoise or Peirson’s milk-vetch. 

Nonnative invasive plant removal and habitat restoration activities would negatively affect listed 

species and critical habitat. Removal of nonnative invasive plants using chemical herbicides 

could kill or injure listed species if used in close proximity or inappropriately. Some chemicals 

could also eliminate or substantially reduce the abundance of pollinators, thereby likely reducing 

the reproductive success of Peirson’s milk-vetch. However, chemical herbicides would likely 

only be used to combat those nonnative invasive plant species that would, by their nature, pose a 

threat to listed species. Mechanical removal of nonnative plants could kill or injure listed species 

if they are crushed, buried, or, in the case of Peirson’s milk-vetch, misidentified during removal 

activities. Vegetation removal may also render habitats unusable for foraging, breeding, and 

cover by desert tortoises while native vegetation regenerates. However, since chemical and 

mechanical removal would be conducted using BMPs for minimizing or eliminating any threats 

to listed species, we anticipate that these activities pose a low level of threat to Peirson’s milkvetch, its critical habitat, and desert tortoises and that adverse effects are unlikely to occur. 

Along with removal of nonnative invasive plants, restoration of degraded habitat would be 

accomplished by such actions as imprinting, contouring, debris and brush replacement, and 

revegetation. Depending on the magnitude of the restoration activities and the type of equipment 

used, listed species could be impacted as a result of such actions as direct crushing or burial by 

equipment or soil piles. However, effects to tortoises would likely be minimal based on the low 

densities in the planning area, and application of species-specific BMPs would minimize or 

eliminate threats to both the tortoise and the Peirson’s milk-vetch and its critical habitat. Also, 

restoration activities would likely have a positive effect on both species over the long-term by 

improving their habitat. 
 

 

 

 

 

 

 

 

 

 

36 

Wildlife Resource Management 

The PRAMP proposes to (1) classify microphyll woodlands as avoidance areas for all 

commercial and noncommercial surface-disturbing activities, and (2) implement future actions 

specific to maintaining, enhancing, and protecting populations of raptors, nongame migratory 

birds, bats, invertebrates, and game animals. Future actions include but are not limited to: (a) 

restoring native species habitat distribution and occurrence (especially for priority species); (b) 

authorizing reintroductions, transplants, and supplemental stockings of native wildlife 

populations in current or historic ranges; (c) managing nonnative invasive species; (d) pursuing 

land acquisition options to consolidate important wildlife habitats; (e) maintaining habitat 

connectivity throughout the planning area; and (f) considering construction of new wildlife 

guzzlers. 

The effects of classifying microphyll woodlands as avoidance areas for all commercial and 

noncommercial surface-disturbing activities on listed species and critical habitat are discussed 

above under Vegetation Resource Management. The proposed future actions may affect listed 

species depending on the type and location of actions implemented but would likely have neutral 

or positive benefits on listed species given the intent of these actions to maintain and enhance 

populations of native wildlife, including listed species, and restore their habitats. One exception 

would be that the presence of existing wildlife guzzlers and construction of new guzzlers could 

result in death of tortoises in the planning area due to drowning. We anticipate that, similar to 

existing guzzlers, new guzzlers would be constructed to allow for escape of wildlife, including 

tortoises, thereby minimizing the likelihood of drowning. However, the artificial water source 

provided by existing and new guzzlers may also increase the presence of ravens, a known 

tortoise predator, resulting in death or injury of juvenile tortoises in and around the planning 

area. Raven populations in the desert southwest have increased over the past 25 years, probably 

in response to increased food and water subsidies associated with human activities. Though the 

addition of artificial water sources in the planning area could attract additional ravens from 

nearby urban areas, the copious supplies of fresh water associated with irrigated agriculture 

nearby suggest any effect would not be significant or measurable. 

Special Status Species Management 

The PRAMP proposes to (1) close critical habitat, ACECs, other special area designations, and 

camping and staging areas to surface occupancy; (2) allow camping only in designated areas 

within BLM sensitive species habitat; and (3) implement future actions. Future actions include 

but are not limited to: (a) authorizing reintroductions, transplants, and supplemental stockings of 

special status species populations in current or historic ranges; (b) maintaining or restoring 

habitat; (c) managing nonnative invasive plants; (d) analyzing impacts of all projects occurring 

within occupied sensitive species’ habitat; and (d) requiring that projects mitigate the impacts 

accordingly. 

The effects of closing critical habitat, ACECs, other special area designations, and camping and 

staging areas to surface occupancy are discussed below under Mineral Resource Management, 
 

 

 

 

 

 

 

 

 

 

37 

and the effects of allowing camping only in designated areas within BLM sensitive species 

habitat are discussed below under Recreation Resource Management. The effects of proposed 

future actions on special status species would be similar to those discussed under the Wildlife 

Resource Management section above. 

Wildland Fire Management 

The PRAMP proposes to implement future actions such as (1) fuels reduction/treatment 

programs where needed; (2) post-fire stabilization and rehabilitation actions in burned areas; (3) 

utilizing wildland fire suppression methods with lesser ground disturbance to minimize potential 

adverse impacts on special status species, critical habitat, desired plant communities, and cultural 

resources; and (4) using fire retardants or chemicals adjacent to waterways in accordance with 

established standards. 

The psammophytic scrub habitat that supports Peirson’s milk-vetch is too sparse to support a 

wildfire, so any effects from fire suppression activities on the taxon or its critical habitat are 

highly unlikely. Any effects from fire suppression activities would occur in creosote scrub or 

microphyll woodland habitats that may be occupied by desert tortoises. If suppression activities 

involve ground disturbance, such as building of fire breaks with bulldozers or by hand, tortoises 

could be impacted by crushing, trampling, burial, or degradation of habitat needed for foraging, 

breeding, and sheltering. Tortoise habitat could be also be degraded or altered by the use of fire 

retardants or chemicals which could provide added nutrients, causing an increase in the 

abundance of nonnative plant species. However, the low density of tortoises in the planning area 

reduces the likelihood that fire control lines would be placed through occupied habitat or that any 

alteration of the habitat through the introduction of nonnative plants would affect the species. 

The normally low frequency of fires in the planning area should ensure that the chemistry of the 

soils is not substantially changed by the associated low concentrations of fire retardants. 

Mineral Resource Management 

The PRAMP proposes to (1) maintain the planning area, excluding the WA, as open to locatable 

(e.g., gold, silver, copper, lead, gypsum, mica) mineral entry; (2) classify the ERMA as available 

for geothermal minerals leasing; (3) exclude the SRMA and donated lands from geothermal 

leasing; (4) prohibit surface occupancy within critical habitat, ACECs, other special area 

designations, and camping and staging areas; (5) maintain the SRMA as closed and the ERMA 

as open to salable (e.g., sand, gravel, building stone) minerals; and (6) prohibit mineral sales or 

free use permits within the SRMA. The PRAMP also proposes to prohibit mineral sales or free 

use permits within the SRMA and to authorize mining operations, leasing, or sale of minerals in 

the planning area only after analysis of impacts to listed species or other special status species 

and a determination of no effect on listed species. 

Direct impacts from mining and prospecting may occur as claimants access their claims as well 

as through ground-disturbing activities (e.g., drilling, blasting, digging, and storing and piling 

soil) or indirectly as habitat features are changed. Impacts to Peirson’s milk-vetch from mining 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

38 

activities include direct removal of plants and seeds in the soils, crushing or trampling of 

individuals, destruction of habitat, changes in habitat structure, burial under overburden and 

spoils, loss of habitat as access roads are developed, and interference with pollination and seed 

dispersal mechanisms. Impacts to tortoise from mining activities include direct crushing or 

trampling of individuals on the surface or in burrows, burial of burrows under overburden and 

spoils, destruction of habitat, and loss of habitat as access roads are developed. 

Under the PRAMP, Peirson’s milk-vetch and its critical habitat would not be impacted by 

geothermal leasing or extraction of salable minerals since these actions would only being 

allowed in the ERMA where neither the taxon nor its critical habitat occur. Milk-vetch critical 

habitat would not be impacted by extraction of locatable minerals since the PRAMP proposes to 

prohibit surface occupancy in critical habitat, thereby preventing ground-disturbance associated 

with locatable mineral extraction. However, Peirson’s milk-vetch outside of critical habitat, and 

tortoises (outside of the WA) could be adversely impacted by locatable mineral entry allowed in 

the SRMA. Also, tortoises could be adversely impacted by geothermal leasing, extraction of 

salable minerals, and locatable mineral entry allowed in the ERMA. However, the absence of 

historical mining activities suggests limited resource potential and threats in the future, and the 

sparse population densities of tortoises and the relatively low numbers of Peirson’s milk-vetch 

outside of critical habitat in the SRMA (approximately 15 percent) indicate that potential impacts 

would not pose significant adverse effects on the rangewide scale of the species’ distribution. 

Recreation Resource Management 

The PRAMP proposes to maintain the planning area as a destination SRMA and the 1-mi area 

around the SRMA as an ERMA. The PRAMP also proposes to designate lands in the planning 

area as one of four RMZs (Open, Limited, Resource Protection, and North Algodones Dunes 

Wilderness) and one of three OHV MAs (Open, Closed, Limited). The designation of OHV 

MAs (proposed under the Transportation and Public Access Management Resource Category) 

would overlap with the RMZs such that the Open RMZ would be an Open OHV MA, the 

Limited RMZ would be a Limited OHV MA, and the Resource Protection and North Algodones 

Dunes Wilderness RMZs would be Closed OHV MAs. The designation of RMZs identifies the 

types of recreational uses allowed in a given area (e.g., camping and motorized or non-motorized 

vehicle use). The designation of OHV MAs identifies areas in the ISD where OHV use 

specifically would be allowed, prohibited, or limited. Therefore, the effects of all recreation, 

(i.e., camping and OHV use) associated with designating RMZs and OHV MAs are discussed in 

this section. 

Under the PRAMP, approximately 59 percent of the planning area would be in an Open RMZ 

and Open OHV MA, managed for OHV use and motorized recreational opportunities (i.e., 

camping). Approximately 25 percent of the planning area would be in a Limited RMZ and 

Limited OHV MA managed for limited motorized recreational opportunities (i.e., camping and 

OHV use). The remaining approximately 16 percent (in the WA and critical habitat combined) 

would be managed for non-motorized recreational activities (i.e., hiking, wildlife viewing, and 

photography). 
 

 

 

 

 

 

 

 

39 

Recreation in the ISD ranges from low intensity recreation of hiking, horseback riding, wildlife 

and scenery viewing, picnicking, photography, nature study to medium intensity recreation of 

tent and recreation vehicle (RV) camping to high intensity recreation of OHV use. While 

camping is allowed throughout much of the ISD, tent and RV camping occur primarily in areas 

containing visitor services (e.g., pit toilets and trash dumpsters) and easily accessible access 

roads. Recreational activities could directly affect Peirson’s milk-vetch and tortoises through 

trampling or crushing of sensitive habitat and individuals, and indirectly through reduced 

reproductive success due to chronic disturbance during the breeding season, habitat abandonment 

due to prolonged disturbance, and habitat alteration or degradation associated with ongoing 

surface disturbance. Recreation activities may also facilitate the establishment of nonnative 

invasive plant species via ground disturbance and transfer of seeds resulting in habitat alteration. 

Peirson’s milk-vetch and Critical Habitat 

While low and mid-intensity recreation activities (e.g., hiking, wildlife and scenery viewing, 

picnicking, photography, and camping) would have similar potential effects on individual plants 

as those discussed below for OHV use, these types of low to mid-intensity recreation activities 

likely have only minimal effects on the taxon relative to the scale of OHV activities currently 

occurring in the ISD. OHV use could result in direct death or injury of Peirson’s milk-vetch due 

to crushing, uprooting, or burial of plants and seeds, and by reducing reproductive output of 

those that survive. Also, OHV use could indirectly impact Peirson’s milk-vetch by degrading or 

destroying its habitat, including the plant community the taxon is associated with, thereby 

reducing reproductive output. 

Longer-term monitoring indicates that plants exposed to OHV activity have a reduced likelihood 

of survival. In a study monitoring individual plant fates in an area closed to OHV use through a 

growing season, Groom et al. (2007) compared plants purposely struck with an OHV to those not 

struck. Results indicate that plants with canopies less than 18 in that were struck had a 

33 percent lower survival rate than plants in the control group that were not struck. In a followup study, Service biologists continued to track survivorship by monitoring individual plants in 

two study areas, one in an OHV-open area and one in an OHV-closed area. Plants in the OHVopen area were 20 percent less likely to survive the entire study period than plants in the OHVclosed area (Service 2007b). Overall, areas within the dunes subject to intensive OHV use have 

a lower abundance of Peirson’s milk-vetch plants whereas areas subject to less OHV use in the 

interior portions of the dunes and interim closure areas have a higher abundance of plants. 

Most of the studies, and in particular Groom et al. (2007) and the follow-up Service study 

(Service 2007b); indicate that individual plants can be damaged by OHV activity. While the 

exact process is not understood, we postulate that repeated depletion of pre-flowering seedlings 

depletes the seed bank, elimination of standing seed-producing plants diminishes and eventually 

extinguishes input to the seed bank, and/or untimely or excessive scarification of the seeds by the 

additional grinding actions of sand moved by OHVs causes seeds to desiccate (Service 2008b). 
 

 

 

 

 

 

 

 

 

40 

In addition, the coincidence of timing of seedling establishment and the cooler months preferred 

by OHV enthusiasts increases the susceptibility of Peirson’s milk-vetch to impacts from OHVs 

(Romspert and Burk 1979). The period of plant sensitivity, approximately late October to late 

February, includes seed germination and emergence (Barneby 1964; Phillips and Kennedy 

2002). Aside from the direct crushing of the delicate seedlings, OHVs in close proximity to the 

seedlings may indirectly affect germinating seedlings by accelerating soil desiccation that can 

result in root desiccation (Lathrop and Rowlands 1983). The roots of seedlings are especially 

sensitive to drying out if the plants or sand surface are disturbed. Seedling death may result from 

both types of impacts. Seedlings damaged but not killed may produce fewer flowers and seeds 

than undamaged seedlings leading to a gradual diminishment of the seed bank (Pavlik 1979). 

This period of sensitivity directly overlaps with peak holiday visitation periods to the ISD. 

Roughly 44 percent of the annual visitation occurs during 19 percent of the recreation season 

(i.e., 6 weeks out of 8 months in the season) (BLM 2009). 

OHV use in the action area also could result in indirect impacts to Peirson’s milk-vetch due to 

habitat degradation and destruction, and a subsequent decrease in reproductive success. OHV 

use can (1) disrupt the natural processes that support dune formation, movement, and structure, 

thus reducing the available habitat needed for individual and population growth; (2) cause the 

collapse of dune faces and ridges, which could bury or expose the seed bank resulting in 

decreased seed germination; (3) disturb the sand such that soil moisture is lost resulting in 

decreased seed germination or desiccation of plants resulting in premature death; and (4) degrade 

the psammophytic scrub plant community that provides habitat for pollinators required for 

reproduction (Service 2008a). 

To minimize direct and indirect impacts to Peirson’s milk-vetch and its critical habitat from 

OHV use, the PRAMP proposes to include all critical habitat (12,105 acres) in the Resource 

Protection and North Algodones Dunes Wilderness RMZs and designate these RMZs as Closed 

OHV MAs, closed to all OHV use. The North Algodones Dunes Wilderness RMZ includes the 

entire North Algodones Dunes WA, which has been and will continue to be closed to OHV use 

because of the area’s wilderness designation. The remaining critical habitat is proposed for 

closure to OHV use under the PRAMP and is distributed along the length of the ISD within the 

Mammoth Wash, Adaptive, Ogilby, and Buttercup MAs (Figure 1). As discussed above in the 

“Environmental Baseline” section, the MAs designated under the remanded 2003 RAMP are no 

longer in use; however, we discuss Peirson’s milk-vetch critical habitat relative to the MAs to 

maintain consistency with the descriptions of the Peirson’s milk-vetch critical habitat units 

provided in the Service’s proposed and final critical habitat rules (Service 2007a and 2008b). 

Closure of critical habitat to OHV use would avoid approximately 85 percent of the Peirson’s 

milk-vetch known to occur in the ISD (Table 1). In addition, closure of critical habitat to OHV 

use would protect areas identified as containing high-density core populations, a large extent of 

high quality habitat, a large seed bank, and therefore, areas important for the recovery of the 

species (Service 2008a). While wildlife viewing, hiking, photography, and non-motorized 

camping would continue to be allowed in critical habitat, and could impact Peirson’s milk-vetch 

due to crushing, trampling, or burial, these types of low-intensity activities occur on a 
 

 

 

 

 

 

 

41 

significantly smaller scale relative to OHV use (Hamada, pers. comm. 2011) and would have 

minimal effects on the population. While closure of critical habitat would avoid OHV-related 

impacts to the majority of the Peirson’s milk-vetch distributed throughout the ISD, plants outside 

of critical habitat, approximately 15 percent of the known population, would continue to be 

impacted by OHV use and other recreational activities. Also, Peirson’s milk-vetch in critical 

habitat, as well as the primary constituent elements of the critical habitat, could be impacted by 

unauthorized OHV intrusions. However, based on citation numbers, the BLM considers 

unauthorized OHV intrusions in closed areas, particularly wilderness to be low (N. Hamada, 

BLM, pers. comm. 2012). Three violation citations were issued in wilderness from 2007 to 

2009. While violation citations in interim closure areas were higher than in wilderness during 

this period (57 in 2007, 35 in 2008, and 20 in 2009), the number of citations each year has 

decreased due to increased compliance and enforcement in these areas. Therefore, we anticipate 

that the extent to which Peirson’s milk-vetch and the primary constituent elements in critical 

habitat may be impacted by unauthorized OHV intrusions will be low. 

Along with closure of critical habitat to OHV use, approval of the RAMP would remove the 

interim closure areas (approximately 49,300 acres) established in 2001. Areas formerly in 

interim closure areas that are not designated as critical habitat would be designated as Open 

RMZs and Open OHV MAs under the RAMP and therefore subject to recreational use. 

However, the removal of the interim closures would impact a relatively small proportion of the 

total population, approximately 9 percent (Table 1). Also, since critical habitat encompasses 

areas containing high-density core populations of Peirson’s milk-vetch that would be closed to 

OHV use, the removal of the interim closures would impact relatively small proportions of the 

populations in the areas where critical habitat was not designated, approximately 6 percent of the 

total estimated in Mammoth Wash area and 2 percent in Adaptive/Ogilby areas (Table 1). Since 

critical habitat does not occur in the Gecko/Glamis areas, removal of the interim closure areas 

would allow for OHV-related impacts to a higher proportion, approximately 61 percent, of the 

population occurring in those areas (Table 1). However, the Gecko/Glamis areas are the most 

developed areas in the ISD and typically have the highest average annual visitation of the areas 

open to OHV use and Peirson’s milk-vetch have continued to occupy the portions of these areas 

open to OHV use (Service 2007a). Therefore, we anticipate that some plants will continue to 

persist after removal of the interim closures and anticipated increase in recreational (primarily 

OHV) use in the Gecko/Glamis areas. 

Removal of the interim closure areas in the Gecko/Glamis areas and the anticipated increase in 

recreational (primarily OHV) use in these areas also could result in increased population 

fragmentation. Since the Gecko/Glamis areas are located approximately in the middle of the ISD 

(Figure 1), declines in the Peirson’s milk-vetch population in these areas could result in some 

disruption of gene flow between populations to the north and south. However, as discussed 

above, despite heavy recreational use, Peirson’s milk-vetch have continued to occupy these 

areas. We anticipate plants likely would persist at sufficient densities (in areas inside and outside 

of the interim closure areas) to contribute to genetic diversity and maintain gene flow over the 

long-term between adjacent Peirson’s milk-vetch populations to the north and south (Service 

2008a). 
 

 

 

 

 

 

 

 

 

 

 

42 

To minimize impacts to Peirson’s milk-vetch due to recreational uses, upon approval of the 

ROD, the BLM would develop, in coordination with the Service, a monitoring and adaptive 

management program designed to monitor the status of the taxon in and outside of critical habitat 

(CM 1). While BLM expects to conduct full-scale monitoring in years when the rainfall 

threshold [equal to or greater than 1.82 in is met between October and December of the previous 

year, the extent of the monitoring effort would be dependent on funding and staffing levels in 

any given year. BLM’s monitoring plan, as described in Appendix F of the PRAMP, does not 

commit to full-scale monitoring in adequate rainfall years or establish success criteria or 

thresholds for detecting changes in the Peirson’s milk-vetch population over time across the 

dunes. However, as discussed in the final critical habitat rule and the 12-month finding on the 

petition to delist Peirson’s milk-vetch (Service 2008a, 2008b), BLM has monitored the Peirson’s 

milk-vetch population from 1998 to 2002 and 2004 to 2007. Surveys were not conducted in 

2008, 2009, 2010, or 2011 due to insufficient rainfall. While the survey effort has varied over 

these years (i.e., size of survey area), the BLM has continued to consistently monitor at least 

some portion of the population since 1998, providing data to estimate population abundance. 

Therefore, our analysis of effects on Peirson’s milk-vetch and its critical habitat resulting from 

recreational (primarily OHV) use is based on our assumption that BLM would continue to 

monitor Peirson’s milk-vetch populations (i.e., in open and closed OHV use areas) in a manner 

sufficient to detect changes in the overall population in the ISD over time and ensure that the 

closure of critical habitat to OHV use continues to protect the majority of the Peirson’s milkvetch population over time. If monitoring indicates a noticeable decline in the species 

abundance, BLM has the management authority to temporarily suspend recreational use in areas 

showing species decline. 

Along with closing critical habitat to OHV use, the BLM would implement several additional 

management actions to minimize impacts to Peirson’s milk-vetch and its critical habitat resulting 

from recreational activities. These actions would include maintaining signage along the critical 

habitat boundaries, conducting outreach and education activities, and ensuring adequate law 

enforcement along the critical habitat boundaries, particularly during peak recreation periods 

(CM 2). 

In addition to minimizing direct and indirect impacts to critical habitat from OHV use, closure of 

critical habitat would maintain the conservation role and function of critical habitat by 

maintaining the primary constituent elements: (1) Intact, active sand dune systems; (2) the 

associated co-adapted psammophytic scrub plant community that provides habitat for insect 

pollinators required for reproduction; and (3) areas within intact, active sand dune systems 

between occupied bowls, swales, and slopes that allow for pollinator movement and wind 

dispersal of fruit and seeds. Critical habitat could be directly impacted by non-motorized 

recreation such as hiking, camping, wildlife viewing, and photography. However, as discussed 

above, these low-intensity activities are unlikely to have more than a minimal effect on the taxon 

and the role and function of its critical habitat based on the number of people participating in 

these activities relative to OHV-use and the minimal ground-disturbance associated with these 

activities. Also, while OHV-use adjacent to critical habitat could cause the collapse of dune 

faces and ridges onto psammophytic scrub in adjacent critical habitat, degrading or destroying 
 

 

 

 

 

 

 

 

 

 

 

43 

the scrub and thus reducing pollinator habitat, we anticipate these indirect impacts would be 

minimal based on BLM’s efforts aimed at visitor outreach and education (CM 2). 

Desert Tortoise 

While low and medium-intensity recreation activities (e.g., hiking, wildlife and scenery viewing, 

picnicking, and photography) could affect tortoises in similar ways as camping and OHV use, the 

effects of these types of low and medium recreation would likely be minimal relative to the 

effects of OHV use and camping since, as discussed above, these types of low-intensity activities 

occur on a significantly smaller scale relative to OHV use. In general, OHV use and camping in 

desert tortoise habitat would be expected to affect tortoises through death or injury of individuals 

by vehicle collisions, damage to habitat, and by increased potential for collection. Trash 

associated with camping and other uses attracts desert tortoise predators, such as coyotes and 

ravens. Domestic dogs, which also kill and injure desert tortoises, would be brought to the ISD 

by visitors. Owing to the apparent low density of desert tortoises in the ISD, such incidences are 

expected to be rare. 

To minimize the impacts of recreational activities on the tortoise and its habitat, the BLM 

proposes several management actions, including prohibiting camping in microphyll woodland 

south of Wash 44 and north of Wash 70, designating the ERMA as a Limited RMZ (which 

would limit motorized vehicle use and camping in the creosote-dominated ERMA), ensuring all 

trash receptacles are raven-proof (CM 3), and developing an outreach and education program 

specific to the tortoise (CM 4) with the intent of reducing impacts to tortoises (if the public 

cooperates in avoiding sensitive habitats and refrains from damaging vegetation or collecting 

desert tortoises). 

While camping would be prohibited in microphyll woodland south of Wash 44 and north of 

Wash 70 and motorized vehicle use would be limited in the ERMA, the majority of desert 

tortoise habitat (microphyll woodland and creosote scrub) in the ISD would be in an Open or 

Limited RMZ and Open or Limited OHV MA. Over half (55 percent) of the approximately 

21,992 acres of microphyll woodland in the ISD would be in the Open RMZ and Open OHV MA 

and open to camping and OHV use. Approximately 30 percent of microphyll woodland would 

be in the North Algodones Dunes Wilderness RMZ and closed to OHV use but open to nonmotorized camping. Of the approximately 40,147 acres of creosote scrub that occurs on the 

eastern side of the ISD, the majority (65 percent) would be in the Limited RMZ and Limited 

OHV MA and available for limited motorized vehicle use and camping. Approximately 

21 percent of the creosote scrub would be in an Open RMZ and Open OHV MA and open to 

camping and OHV use. In the North Algodones Dunes Wilderness RMZ, approximately 

4 percent of the creosote scrub would be closed to OHV use but open to non-motorized camping. 

Under the PRAMP, microphyll woodland and creosote scrub in portions of the Mammoth Wash 

and Adaptive MAs that are in interim closure areas would be designated as an Open OHV MA, 

and therefore open to OHV use. However, the approximately 11,165-acre area south of Wash 44 

and north of Wash 70 (in the former Adaptive MA under the 2003 RAMP) would be closed to 

camping (Figure 1). 
 

 

 

 

 

44 

While the majority of the microphyll woodland in the ISD and of the creosote scrub in the 

eastern half of the ISD would be open to OHV use and camping to some extent, and tortoises in 

these areas would be directly and indirectly impacted by these activities, we anticipate incidents 

impacting tortoises would be rare because of the low density of tortoises in the area. BLM’s 

proposed measure to develop an outreach and education program (CM 4) would also reduce 

impacts to tortoises if the public cooperates in avoiding sensitive habitats and refrains from 

damaging vegetation or collecting desert tortoises. We also anticipate few impacts to desert 

tortoises because no mortalities have been documented due to recreational uses in the ISD to 

date. 

Transportation and Public Access Management 

The PRAMP proposes to (1) designate the planning area as Open, Closed, or Limited OHV 

MAs; (2) maintain existing designated routes of travel in the planning area; and (3) allow 

emergency vehicles to use drivable washes for access and, where no roads exist, travel crosscountry to avoid the need for road building. 

Maintenance of existing designated routes of travel would be conducted by (1) treating high-use 

routes of travel with water for dust control during high-use weekends; (2) treating OHV staging 

areas, primary pull-outs, and vender areas near the Glamis Flats, Gecko, and Dune Buggy Flats 

camping areas for dust control multiple times per day during high-use weekends; (3) maintaining 

dirt roads in the planning area by re-shaping, compacting, and blading; and (4) maintaining 

authorized vehicle routes in a manner that will promote natural hydrology and protect water 

quality through application of BMPs. 

Only the management actions associated with designating OHV MAs and using and maintaining 

the existing designated routes of travel in the planning area are fully analyzed under this 

biological opinion. Since emergency vehicle access is an unpredictable discretionary action, 

BLM’s approval of cross-country travel by emergency vehicles where no roads exist would 

undergo emergency consultation under section 7 of the Act if BLM determines that the action 

may affect listed species and/or critical habitat. The effects on listed species and critical habitat 

of OHV use associated with designating OHV MAs in the planning area are discussed above 

under Recreation Resource Management. 

The use and maintenance of existing routes of travel may affect listed species. However, of the 

approximately 228 miles of designated routes of travel, none occur in Peirson’s milk-vetch 

critical habitat, and the closest route (SR-78) is approximately 226 feet from the nearest critical 

habitat boundary. Therefore, since no routes occur in critical habitat and maintenance activities 

would be limited to 100 feet from the roadbed, we do not anticipate that route maintenance 

activities would impact critical habitat. While no Peirson’s milk-vetch are known to occur in or 

directly adjacent to designated routes, plants could establish in suitable habitat adjacent to 

designated routes and therefore be impacted by maintenance activities. However, given that a 
 

 

 

 

 

 

 

45 

relatively small number of plants, if any, may become established within the 100 feet from the 

roadbed where maintenance activities would occur, we anticipate impacts to the population due 

to road maintenance activities would likely be minimal. 

Use and maintenance of existing routes of travel would impact desert tortoises in ways similar to 

those discussed above under Recreation Resource Management, including death and injury of 

individuals due to vehicle crushing during route use and maintenance. Watering road beds could 

result in standing water, attracting ravens (a juvenile tortoise predator) to the area. However, 

impacts to tortoises would be minimized since maintenance activities would be limited to within 

100 feet of the roadbed and watering would be limited to roadbeds and not result in standing 

water. Also, work areas would be flagged, a Service-approved Authorized Biologist would 

conduct tortoise clearance surveys prior to commencement, any occupied burrows would be 

avoided, and any tortoises would be moved out of harm’s way (CM 5). Therefore, given the 

sparse densities of desert tortoises in the area and the proposed actions to minimize impacts to 

desert tortoises, we anticipate the impact to the species from use and maintenance of designated 

routes of travel would likely be minimal. 

Lands and Realty Management 

The PRAMP proposes to (1) open 35,115 acres of the 50,722-acre ERMA for solar and wind 

energy development; (2) exclude the 138,111-acre SRMA from solar and wind energy 

development; and (3) exclude Peirson’s milk-vetch critical habitat from all other types of land 

use authorizations (e.g., access roads, power lines, and communications facilities). The PRAMP 

does not propose disposal of any lands. Also, the PRAMP does not propose any new utility 

corridors or communications sites in the planning area, only continued use of the existing 

communications sites and utility corridors. 

Impacts to Peirson’s milk-vetch critical habitat from solar and wind energy development and 

other types of land use authorizations would be avoided due to the exclusion of these activities in 

critical habitat. Impacts to Peirson’s milk-vetch outside of critical habitat and to tortoises in the 

majority of the planning area due to solar and wind energy development also would be avoided 

due to the exclusion of these activities from the SRMA. However, desert tortoises and their 

habitat could be impacted by solar and wind energy development projects that would be allowed 

in the approximately 25,915 acres of creosote scrub in the ERMA on the eastern side of the ISD. 

Milk-vetch outside of critical habitat and tortoises also could be impacted by other types of land 

use authorizations (e.g., access roads, power lines, and communications facilities) and future 

development in the existing utility corridors. Milk-vetch (approximately 15,450 plants) and its 

critical habitat (approximately 304 acres) occur in the designated utility corridor along the I-8 

and could therefore be impacted by future utility development projects in ways similar to the 

impacts that may result from recreational and transportation activities. Desert tortoise habitat 

(approximately 5,582 acres of microphyll woodland and 34,370 acres of creosote scrub) 

occurring in the contingency corridor along Ted Kipf Road on the eastern side of ISD could be 

impacted by future utility development projects in that corridor. However, given the sparse 
 

 

 

 

 

 

 

 

46 

densities of desert tortoises in the planning area, we anticipate impacts to the species from solar 

and wind energy development projects in the ERMA, other types of land use authorizations 

allowed in the SRMA, and future utility development in the contingency corridor likely would be 

relatively minor on the rangewide scale of the species’ distribution. 

Public Health and Safety Management 

The PRAMP proposes to address the following public health and safety concerns in the Planning 

Area: law enforcement to ensure public health and safety, unexploded ordnance (UXO), 

international border issues, hazardous materials, and noise. Many law enforcement activities 

have beneficial effects on listed species (e.g., enforcing area closures and regulations that are 

designed to protect species and habitats). However, law enforcement actions can have adverse 

effects as well. When pursuing violators, rangers sometimes need to drive cross-country, 

including through areas where OHV use would be prohibited. Surveying for and removal of 

UXO also can adversely affect listed species, particularly if crews need to drive cross-country to 

find and remove unexploded material. These activities can result in impacts such as the 

trampling or destruction of individual plants, crushing of animals on the surface or in burrows, 

destruction of habitat, and disturbance of breeding, feeding, or sheltering behavior. 

Due to the changing locations of these activities, a variety of sites may be affected. The potential 

impacts to species and critical habitat from public health and safety activities are similar to the 

impacts that may result from recreational and transportation activities as described below. 

However, the impacts would likely be of a lesser magnitude because public health and safety 

activities likely occur less frequently and to a lesser extent than recreational and transportation 

activities currently occurring in the ISD. 

Effect on Recovery 

Per section 2(b), the primary purposes of the Act are to provide a means whereby the ecosystems 

upon which listed species depend may be conserved and to provide a program for the recovery of 

listed species. Per section 2(c), Congress established a policy requiring all Federal agencies to 

use their authorities in seeking to recover listed species in furtherance of the purposes of the 

Act. Consistent with these purposes and Congressional policy, sections 3(5), 4(f), 7(a)(1), the 

implementing regulations (50 CFR §402.02) to section 7(a)(2), and related preamble at 

51 FR 19926-57 generally require Federal agencies to further the survival and recovery of listed 

species in the use of their authorities. Pursuant to these mandates, our analysis assesses (1) 

whether the proposed action adequately offsets its adverse effects to the species’ environmental 

baseline; and (2) the extent to which the proposed action would cause “significant impairment of 

recovery efforts” or adversely affect the “...species’ chances for survival to the point that 

recovery is not attainable” (51 FR 19934). 
 

 

 

 

 

 

 

 

47 

Peirson’s milk-vetch and Critical Habitat 

Overall, the PRAMP would allow for elevated impacts to Peirson’s milk-vetch in the ISD, 

primarily as a result of ongoing and increasing OHV use. Because OHV use would be allowed 

in areas occupied by Peirson’s milk-vetch over the life of the RAMP, continued implementation 

of the CDCA Plan, as amended by the RAMP, would adversely affect the survival and 

reproduction of individual plants principally through crushing by OHVs and habitat degradation. 

However, the closure of all Peirson’s milk-vetch critical habitat to OHV use would avoid 

impacts to approximately 85 percent of the population in the ISD. The closure of critical habitat 

to surface occupancy for locatable mineral entry and all other forms of land use authorization, 

and its closure to geothermal leasing, wind and solar development, salable minerals, mineral 

sales and free use permits (through closure of the SRMA to these activities) would also avoid 

additional impacts to the taxon and its critical habitat due to these non-recreation activities. 

Also, while Peirson’s milk-vetch occupying the middle portion of the ISD (Gecko/Glamis MA) 

would continue to be impacted by OHV use since no critical habitat occurs in that area, we 

anticipate the taxon will persist at sufficient densities to contribute to genetic diversity and 

maintain gene flow over the long-term between adjacent populations to the north and south 

(Service 2008a). 

Closure of critical habitat would protect areas containing high-density core populations, a large 

extent of high quality habitat, and a large seed bank that are important for recovery (Service 

2008a). Therefore, based on the avoidance and minimization measures proposed in the PRAMP, 

we have determined that implementation of the PRAMP would provide an overall conservation 

benefit to the Peirson’s milk-vetch and improve the likelihood of the species’ recovery. 

Desert Tortoise 

Overall, the PRAMP would allow for elevated impacts to tortoises in the ISD, primarily as a 

result of ongoing and increasing motorized recreational use and use and maintenance of 

designated routes of travel in microphyll woodland and creosote scrub on the eastern portion of 

the planning area. Because recreational use would be allowed over the life of the RAMP in areas 

of suitable tortoise habitat where tortoises have been observed, continued implementation of the 

CDCA Plan, as amended by the RAMP, could adversely affect survival and reproduction of 

individual tortoises principally through crushing by motorized vehicles and habitat degradation. 

Camping would be prohibited in microphyll woodland south of Wash 44 and north of Wash 70, 

and motorized vehicle use and camping would be limited in the ERMA. However, the majority 

of tortoise habitat in the ISD would be open to OHV use and camping, and several heavily used 

routes of travel occur in tortoise habitat. Also, while closure of the SRMA to geothermal 

leasing, wind and solar development, salable minerals, mineral sales and free use permits would 

avoid impacts to tortoises due to these non-recreation activities, tortoises in the ERMA could be 

impacted by these activities. Tortoises in the SRMA and ERMA could also be impacted by 

locatable mineral entry. 
 

 

 

 

 

 

 

 

 

 

 

48 

The revised recovery plan calls for focused management in existing tortoise conservation areas 

or other important areas (e.g., areas needed to maintain genetic linkages) to ensure that 

populations remain distributed throughout the species’ range (Service 2011b). Existing tortoise 

conservation areas include, but are not limited to, critical habitat and Desert Wildlife 

Management Areas (DWMAs). The nearest critical habitat unit, the Chuckwalla Unit, occurs 

approximately 6 mi from the ISD (Service 1994). Also, as previously stated, the ISD occurs 

at the extreme southwestern edge of the species range in the United States and along the 

boundary of the Colorado Desert Recovery Unit (Service 2011b). The partial barriers created by 

the railroad, Ted Kipf Road, and flood control dikes reduce the potential for desert tortoise 

movement into the ISD from the more plentiful populations to the east. While a lack of 

demographic augmentation from the east could increase the potential for extirpation within the 

ISD, the ISD is located along the edge of the range of the species and is peripheral to established 

conservation strategies for the species. Therefore, the overall population of the desert tortoise is 

not likely to be affected by implementation of the PRAMP. 

While tortoises could be impacted by the actions proposed in the PRAMP, the number of 

tortoises that may be killed or adversely impacted is unknown. However, given the apparent 

sparse density of tortoises likely due to long-term, ongoing recreational use of the area and the 

location of the ISD at the edge of the species’ range, we anticipate the probability of death or 

injury of tortoises to be relatively low. Also, BLM’s efforts aimed at visitor outreach and 

education would lessen the adverse effects of recreation on tortoises, and additional measures 

proposed in the PRAMP would minimize effects associated with raven predation and route 

maintenance. Therefore, based on the sparse densities of desert tortoises in the action area, the 

fact that the ISD is on the edge of the species’ range and is peripheral to established conservation 

strategies for the species, and the avoidance and minimization measures proposed in the 

PRAMP, we have determined that implementation of the PRAMP would not impair recovery of 

the species. 

CUMULATIVE EFFECTS 

Approximately 159,000 acres of the ISD is managed by the BLM. The remainder is under 

private, State, and other Federal ownership. Based on information from BLM, our records, and 

contact with people in the area, we are unaware of any future State, Tribal, local, or private 

actions proposed in the ISD action area. 

CONCLUSION 

It is our biological opinion that implementation of the CDCA Plan, as proposed to be amended 

by the PRAMP and subsequent revisions agreed upon during the consultation process, is not 

likely to jeopardize the continued existence of Peirson’s milk-vetch or the desert tortoise; nor is 

it likely to destroy or adversely modify critical habitat for the Peirson’s milk-vetch. We reached 

these conclusions for the following reasons: 
 

 

 

 

49 

1.	 Levels of habitat loss and disturbance by existing/anticipated recreational activities, and the 

use and maintenance of designated routes of travel, are not expected to significantly affect 

Peirson’s milk-vetch, its critical habitat, or the desert tortoise. As discussed in the “Effects 

of the Action” section above, the limited amount of disturbance associated with these 

activities is not expected to appreciably change the numbers, distribution, or population 

growth of either species, nor appreciably affect the primary constituent elements of 

designated critical habitat. 

2.	 All discretionary activities, except those related to recreation and designated routes of 

travel that affect listed species would be addressed (as required) under subsequent section 7 

consultations on a project-by-project basis. This would provide opportunities to evaluate 

project-specific effects and implement alternative designs and avoidance and minimization 

measures. 

3.	 As described above in the “Description of the Proposed Action” and “Effects of the 

Action” sections above, BLM would implement numerous protective measures that would 

reduce potential adverse effects associated with existing/anticipated recreational activities 

and use/maintenance of designated routes of travel to a level that is not expected to 

appreciably change the numbers, distribution, or population growth of these listed species 

nor appreciably affect the primary constituent elements of designated critical habitat. 

Peirson’s milk-vetch and Critical Habitat 

4.	 Closure of critical habitat to OHV use would avoid approximately 85 percent of the 

Peirson’s milk-vetch known to occur in the ISD. Under the PRAMP, BLM would also 

implement a monitoring plan and analyze data to compare trends in species abundance due 

to different types of impacts in the areas in the planning area subject to different uses. This 

monitoring program would contribute to improved management and protection of the 

Peirson’s milk-vetch population. If monitoring indicates a noticeable decline in the species 

abundance, BLM has the management authority to temporarily suspend specific uses in 

areas showing species decline. 

Desert tortoise 

5.	 Desert tortoise habitat in the ISD constitutes a small portion of the species’ Colorado 

Desert Recovery Unit (which includes the 1,020,600-ac Chuckwalla Critical Habitat Unit, 

overlapping a majority of the approximately 1,000,000-ac Joshua Tree National Park, and 

additional lands). The ISD is approximately 6 mi from the nearest DWMA. 

6.	 Although tortoise habitat (microphyll woodland and creosote scrub) occurs within the 

boundaries of the ISD and tortoises are known to occur east of the planning area, few 

tortoises have been recorded in the ISD. Because of the low population levels and 
 

 

 

 

 

 

 

50 

infrequent observations or reports of any adverse effects, we conclude that there will be no 

effect at a population scale, although individual desert tortoises may be affected by 

encounters during recreational activities (i.e., OHV use and camping). 

INCIDENTAL TAKE STATEMENT 

Section 9 of the Act, and Federal regulation pursuant to section 4(d) of the Act, prohibit the take 

of endangered and threatened species, respectively, without special exemption. Take is defined 

as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or to attempt to 

engage in any such conduct. Harm is further defined by the Service to include significant habitat 

modification or degradation that results in death or injury to listed species by significantly 

impairing essential behavioral patterns, including breeding, feeding, or sheltering. Harass is 

defined as an intentional or negligent act or omission that creates the likelihood of injury to 

wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns 

which include, but are not limited to, breeding, feeding, or sheltering. Incidental take is defined 

as take that is incidental to, and not the purpose of, the carrying out of an otherwise lawful 

activity. Under the terms of section 7(b)(4) and section 7(o)(2), taking that is incidental to the 

agency action is not considered to be prohibited taking under the Act provided that such taking is 

in compliance with the terms and conditions of this incidental take statement. 

The measures described below for desert tortoise are nondiscretionary and must be undertaken 

by the BLM for the exemption in section 7(o)(2) to apply. The BLM has a continuing duty to 

regulate the activity covered by this incidental take statement. If the BLM fails to assume and 

implement the terms and conditions, the protective coverage of section 7(o)(2) may lapse. To 

monitor the impact of incidental take, the BLM must report the progress of the action and its 

impact on the species to the Service as specified in the incidental take statement [50 CFR§ 

402.14(i)(3)]. 

AMOUNT AND EXTENT OF TAKE 

Section 9 of the Act does not address the incidental take of listed plant species. Because the Act 

does not address the take of listed plant species, this biological opinion does not contain an 

incidental take statement, reasonable and prudent measures, or terms and conditions for the 

Peirson’s milk-vetch. BLM should be aware that the Act prohibits the removal of endangered 

plants from Federal lands and their reduction to possession, the malicious damaging, or 

destruction on such lands; by regulation, the Service extended this prohibition to threatened 

species. Section 9(a)(2)(B) prohibits any person from removing, cutting, digging up, or 

damaging or destroying individuals of an endangered listed plant species in knowing violation of 

any law or regulation of any State or in the course of any violation of a State criminal trespass 

law. 

We anticipate incidental take of desert tortoises in the ISD will be difficult to detect for the 

following reasons: (1) We cannot anticipate the precise numbers of tortoises that may be killed 

or injured because comprehensive surveys have not been conducted in the ISD; (2) desert 
 

 

 

 

 

 

 

 

 

 

 

51 

tortoises are cryptically colored to avoid predation and are often in burrows or buried to avoid 

environmental extremes or predation; (3) eggs and juveniles are especially difficult to detect and 

quantify because of small size; (4) the population numbers can fluctuate in response to weather 

patterns and other biotic and abiotic factors; (5) the ISD is large and tortoises are patchily 

distributed in this part of the species’ range; and (6) we cannot predict where and when the 

unmonitored recreational activities described herein will injure or kill desert tortoises. Incidental 

take may occur due to vehicle collision, collection associated with increasing levels of visitor 

use, changes in raven or other predator abundance associated with presence of people or trash, 

and/or loss of cover from vehicle use. As a result, finding dead or injured individuals within the 

action area is difficult as animals may be crushed or buried underground in burrows that were not 

found or inspected and otherwise hard to recognize/detect for the reasons discussed above. 

However, we anticipate that the number of tortoises (adults, juveniles, or eggs) that may be taken 

would be low due to the small number of tortoises found within the action area and the 

anticipated effectiveness of the conservation measures described as part of the proposed action. 

While we cannot provide precise numbers of tortoises that may occur in the ISD, we have 

established an anticipated level of incidental take that, if exceeded, will trigger reinitiation of 

consultation. 

Take of the desert tortoise is anticipated and exempted as follows: 

• While we cannot quantify the precise numbers of tortoises that may be killed or injured 

as a result of recreational activities and use and maintenance of designated routes of 

travel for the reasons discussed above, we anticipate the number of tortoises in all age 

classes (adults, juveniles, or eggs) that may be killed or injured will be small because 

very few tortoises have been found in the action area, indicating an apparently small 

population, and the proposed conservation measures would minimize the likelihood of 

physical injury of tortoises. Using our best professional judgment in light of best 

available information, we anticipate that implementation of actions associated with 

recreation management and use and maintenance of designated routes of travel will result 

in incidental take of relatively few tortoises, perhaps on the order of one or two adults or 

juveniles, and a small but unquantifiable number of eggs per year. We are exempting this 

anticipated level of incidental take. However, based on the difficulty of detecting 

individual tortoises, we anticipate each report of incidental taking could represent the 

actual death or injury of more than one tortoise (including a small number of juveniles 

and eggs). Accordingly, if more than one adult or juvenile tortoise per year is found 

injured or dead due to recreational activities, or use and maintenance of designated routes 

of travel managed by BLM, the anticipated level of incidental take will be exceeded. 

IMPACT OF THE INCIDENTAL TAKING OF THE SPECIES 

In the accompanying biological opinion, the Service determined that these levels of anticipated 

take are not likely to result in jeopardy to or adversely affect the recovery of the desert tortoise. 
 

52 

REASONABLE AND PRUDENT MEASURES 

The BLM is implementing conservation measures as part of the proposed action to minimize the 

taking of desert tortoises. The Service's evaluation in the biological opinion includes 

consideration of the measures developed by the BLM to reduce the adverse effects of the 

proposed project on this species. The following reasonable and prudent measure is intended to 

supplement the protective measures that were proposed by BLM as part of the proposed action, 

and is necessary and appropriate to minimize the impact of the taking on the species. Any 

subsequent changes in the conservation measures proposed by BLM or in the conditions under 

which these activities currently occur may constitute a modification of the proposed action and 

may warrant re-initiation of formal consultation, as specified at 50 CFR § 402.16. 

• BLM shall monitor and report the levels of incidental take of desert tortoises to the 

PSFWO throughout implementation of the RAMP and report on the effectiveness of the 

project minimization measures to reduce the impact of incidental take of this species. 

TERMS AND CONDITIONS 

To be exempt from the prohibitions of section 9 of the Act, BLM must comply with the 

following term and condition, which implements the reasonable and prudent measure described 

above. This term and condition is nondiscretionary and designed to minimize the impact of 

incidental taking on the species. 

To implement the reasonable and prudent measure above: 

BLM shall prepare and provide to the PSFWO an annual report by September 30 of each year on 

implementation of the RAMP. The annual report shall document, but not be limited to, the 

following: 

• The number of eggs, juveniles, subadults, or adult tortoises found by members of the 

public or by BLM employees during the reporting year, the date observed, their status 

when observed (e.g., traveling east, in a burrow, injured or dead on road), and a map and 

GIS coordinates (NAD 83) indicating their location when observed. 

• The number of tortoises killed or injured during the reporting year and a description of 

the circumstances leading to the death or injury of individuals. 

Disposition of Sick, Injured, or Dead Specimens 

The PSFWO is to be notified immediately at 760-322-2070 if any tortoises are found sick, 

injured, or dead in the project area. Immediate notification means verbal (if possible) and 

written notice within 1 workday and must include the date, time, and location of the carcass, and 

any other pertinent information. Care must be taken in handling sick or injured individuals to 
 

 

 

53 

ensure effective treatment and care and in handling dead specimens to preserve biological 

material in the best possible state. 

The PSFWO should also be notified immediately at 760-322-2070 if any endangered or 

threatened species not addressed in this biological opinion is found dead or injured within the 

action area during implementation of the RAMP. The same reporting requirements also shall 

pertain to any healthy individual(s) of any threatened or endangered species found on the action 

area and handled to remove the animal to a more secure location. 

Reporting Requirements 

Please refer to the “Terms and Conditions” section above for details on reporting procedures. 

CONSERVATION RECOMMENDATIONS 

Section 7(a)(1) of the Act directs Federal agencies to use their authorities to further the purposes 

of the Act by carrying out conservation programs for the benefit of endangered and threatened 

species. Conservation recommendations are discretionary agency activities to minimize or avoid 

adverse effects of a proposed action on listed species or critical habitat, to help implement 

recovery plans, or to develop information. 

• Create a research coordinator position to oversee the overall monitoring and adaptive 

management program for the ISD. 

REINITIATION NOTICE 

This concludes formal consultation on the effects of implementation of the PRAMP on desert 

tortoises. As provided in 50 CFR §402.16, reinitiation of formal consultation is required where 

discretionary Federal involvement or control over the action has been retained (or is authorized 

by law) and if (1) the amount or extent of incidental take is exceeded; (2) new information 

reveals effects of the agency action that may affect listed species or critical habitat in a manner 

or to an extent not considered in this opinion; (3) the agency action is subsequently modified in a 

manner that causes an effect to the listed species or critical habitat not considered in this opinion; 

or (4) a new species is listed or critical habitat designated that may be affected by the action. 

If you have any questions regarding this document, please contact Tannika Engelhard of the 

Carlsbad Fish and Wildlife Office at 760-431-9440, or Pete Sorensen of the PSFWO, 777 East 

Tahquitz Canyon Way, Suite 208, Palm Springs, California 92262 at 760-322-2070. 
 

 

 

 

 

 

54 

LITERATURE CITED
 

Barneby, R.C. 1964. Astragalus magdalenae var. peirsonii. Pages 862-863 In: Atlas of North 

American Astragalus, Part II. Memorial New York Botanical Garden, Vol. 13. 

[BLM] Bureau of Land Management. 1987a. Recreation Area Management Plan and 

Environmental Assessment for the Imperial Sand Dunes. Publication Index Number 

BLM-CA-PL-87-001-8320. Bureau of Land Management, El Centro, California. 

[BLM] Bureau of Land Management. 1987b. Plank Road ACEC Management Plan. Bureau of 

Land Management, El Centro, California. 

[BLM] Bureau of Land Management. 2001. Temporary closure of approximately 49,300 acres 

to motorized vehicle use of five selected areas in the Imperial Sand Dunes Recreation 

Management Area, Imperial County, California. Federal Register 66:53431. 

[BLM] Bureau of Land Management. 2003. Imperial Sand Dunes Recreation Area 

Management Plan. Bureau of Land Management, El Centro, California. 

[BLM] Bureau of Land Management. 2009. Biological Assessment for the Imperial Sand 

Dunes Draft Recreation Area Management Plan/Draft Environmental Impact Statement. 

December 18, 2009. Unpublished report prepared for the Bureau of Land Management, 

El Centro, California. 

[BLM] Bureau of Land Management. 2010. Imperial Sand Dunes Draft Recreation Area 

Management Plan and Draft Environmental Impact Statement. March 2010. Bureau of 

Land Management, El Centro, California. 

[BLM] Bureau of Land Management. 2012. Imperial Sand Dunes Proposed Recreation Area 

Management Plan/California Desert Conservation Area Plan Amendment and Final 

Environmental Impact Statement. June 2012. Bureau of Land Management, El Centro, 

California. 

Groom, J.D., L.B. McKinney, L.C. Ball, C.S. Winchell. 2007. Quantifying off-highway vehicle 

impacts on density and survival of a threatened dune-endemic plant. Biological 

Conservation 135:119-134 

Lathrop, E.W. and P.G. Rowlands. 1983. Plant ecology in deserts: an overview. Pages 114-152 

In: R. H. Webb and H.G. Wilshire (eds.), Environmental effects of off- road vehicles: 

Impacts and management in arid regions. Springer-Verlag. New York. 

Nicholson. L. 1984. The distribution and abundance of desert tortoise (Gopherus agassizii) on a 

mining site in Imperial County and recommendations for conservation. Supporting 
 

 

 

 

55 

technical report for the Environmental Impact Report/Environmental Assessment for the 

proposed Mesquite Project, July 1984. 

Pavlik, B.M. 1979. The biology of endemic psammophytes, Eureka Valley, California, and its 

relation to off-road vehicle impact. Unpublished report prepared for Bureau of Land 

Management, California. 

Romspert, A. and J. Burk. 1979. Algodones Dunes sensitive plant project 1978-1979. 

Unpublished report prepared for the Bureau of Land Management, El Centro, California 

(project number 1510(C-961.1). 

Phillips, A.M. III and D.J. Kennedy. 2002. The ecology of Astragalus magdalenae var. 

peirsonii: distribution, reproduction, and seed bank. Unpublished report prepared for the 

American Sand Association. 

[Service] U.S. Fish and Wildlife Service. 1994. Endangered and threatened wildlife and plants; 

Determination of critical habitat for the Mojave population of the desert tortoise; final 

rule. Federal Register 59:5820-5866. 

[Service] U.S. Fish and Wildlife Service. 2003. Endangered and threatened wildlife and plants; 

proposed designation of critical habitat for Astragalus magdalenae var. peirsonii 

(Peirson’s milk-vetch); proposed rule. Federal Register 68:46143-46160. 

[Service] U.S. Fish and Wildlife Service. 2004. Endangered and threatened wildlife and plants; 

designation of critical habitat for Astragalus magdalenae var. peirsonii (Peirson’s Milkvetch); final rule. Federal Register 69:47330-47351. 

[Service] U.S. Fish and Wildlife Service. 2007a. Endangered and threatened wildlife and plants; 

revised critical habitat for Astragalus magdalenae var. peirsonii (Peirson’s Milk-vetch); 

proposed rule. Federal Register 72:41258-41284. 

[Service] U.S. Fish and Wildlife Service. 2007b. Report of Investigations. Algodones Dunes 

2006 Field Season: Estimates of off-highway vehicle impacts on the demography and 

survival of a threatened species. U.S. Fish and Wildlife Service, Carlsbad Fish and 

Wildlife Office. Unpublished interim report. 

[Service] U.S. Fish and Wildlife Service. 2008a. Endangered and threatened wildlife and plants; 

revised designation of critical habitat for Astragalus magdalenae var. peirsonii (Peirson’s 

Milk-vetch); final rule. Federal Register 73:8748-8785. 
 

 

 

 

 

 

56 

[Service] U.S. Fish and Wildlife Service. 2008b. Endangered and threatened wildlife and 

plants; 12-month finding on a petition to delist Astragalus magdalenae var. peirsonii 

(Peirson’s milk-vetch); notice of 12-month petition finding. Federal Register 73:41007­

41022. 

[Service] U.S. Fish and Wildlife Service. 2009a. Desert tortoise (Mojave population) field 

manual (Gopherus agassizii). Region 8, Sacramento, California. 

[Service] U.S. Fish and Wildlife Service. 2009b. Informal consultation for construction of the 

South Dunes Vault Toilets in the Imperial Sands Dunes Recreation Area, Imperial 

County, California. FWS-09B0348-09-I-0980). Prepared by the Carlsbad Fish and 

Wildlife Office, Carlsbad, California. July 20, 2009. 

[Service] U.S. Fish and Wildlife Service. 2009c. Informal consultation for Wash Road 

Maintenance in the Imperial Sands Dunes Recreation Area, Imperial County, California. 

FWS-09B0199-09-I-0311). Prepared by the Carlsbad Fish and Wildlife Office, Carlsbad, 

California. January 14, 2009. 

[Service] U.S. Fish and Wildlife Service. 2010. Mojave population of the desert tortoise 

(Gopherus agassizii) 5-year review: Summary and evaluation. September 30, 2010. 

Desert Tortoise Recovery Office Reno, Nevada. 

[Service] U.S. Fish and Wildlife Service. 2011a. Endangered and threatened wildlife and plants; 

withdrawal of proposed rule to list the flat-tailed horned lizard as threatened; proposed 

rule; withdrawal. Federal Register 76:14210-14268. 

[Service] U.S. Fish and Wildlife Service. 2011b. Revised recovery plan for the Mojave 

population of the desert tortoise (Gopherus agassizii). California and Nevada Region, 

Sacramento, California. 

[Service and NMFS] U.S. Fish and Wildlife Service and National Marine Fisheries Service. 

1986. Preamble to implementation regulations for interagency cooperation. 50 CFR Part 

402. Federal Register 51:19932. 

[Service and NMFS] U.S. Fish and Wildlife Service and National Marine Fisheries Service. 

1998. Endangered species consultation handbook: http://www.fws.gov/endangered/esalibrary/pdf/TOC-GLOS.PDF. 

Wright, G. 2003. Tortoise survey of eastern edge of Algodones Dunes Recreation Area, 

September 2002. Unpublished draft report prepared for the Bureau of Land 

Management, El Centro, California. 
 

 

 

 

 

 

 

 

57 

Personal Communications 

Hamada, N. 2011. Imperial Sand Dunes Recreation Area Manager, Bureau of Land 

Management, El Centro, California. Telephone conversation with Tannika Engelhard, 

U.S. Fish and Wildlife Service, Carlsbad, California. May 2011. 

Hamada, N. 2012. Imperial Sand Dunes Recreation Area Manager, Bureau of Land 

Management, El Centro, California. Email regarding numbers of OHV violoations in 

closed areas in the PRAMP area to Tannika Engelhard, U.S. Fish and Wildlife Service, 

Carlsbad, California. August 23, 2012. 

Heine, G. 2001. Bureau of Land Management, El Centro, California. Personal communication 

with BLM El Centro staff in 2001. 

Himmerich, D. 2001. Bureau of Land Management, El Centro, California. Personal 

communication with BLM El Centro staff in 2001. 

Steward, D. 2011a. Resource Branch Chief, Bureau of Land Management, El Centro California. 

Email regarding the status of Peirson’s milk-vetch surveys in 2008, 2008, and 2011 to 

Tannika Engelhard, U.S. Fish and Wildlife Service, Carlsbad, California. May 9, 2011. 

Steward, D. 2011b. Resource Branch Chief, Bureau of Land Management, El Centro, 

California. Email regarding desert tortoise sightings in the PRAMP area to Tannika 

Engelhard, U.S. Fish and Wildlife Service, Carlsbad, California. May 27, 2011. 

Steward, D. 2012. Resource Branch Chief, Bureau of Land Management, El Centro California. 

Telephone conversation with Tannika Engelhard, U.S. Fish and Wildlife Service, 

Carlsbad, California. April 2012 

Trouette, A. 2012. Natural Resource Specialist, Bureau of Land Management, El Centro, 

California. Email regarding the status of Peirson’s milk-vetch surveys in 2012 to 

Tannika Engelhard, U.S. Fish and Wildlife Service, Carlsbad, California. August 29, 

2012. 

Watkins, J. 1991. Bureau of Land Management, El Centro, California. Personal 

communication with BLM El Centro staff in 19991. 

Wright, G. 2002. Bureau of Land Management, El Centro, California. Personal 

communication with BLM El Centro staff in 2002. 
 

58 

Figure 1. Location of Areas of Critical Environmental Concern (ACECs), the North Algodones Dunes 

Wilderness Area, Management Areas (MAs, as designated under the 2003 remanded RAMP), camping 

closure area, interim closure areas, and Peirson’s milk-vetch final critical habitat (PMV FCH) in the 

Imperial Sand Dunes Recreation Area, Imperial County, California 
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Routes of Travel

All routes have been classified as motorized or non-motorized. Motorized routes are 

open to all vehicles, including OHVs. Some motorized routes may have additional 

limitations on use, including vehicle size, vehicle type, and season of use, or by limiting 

use to administrative vehicles only. Non-motorized routes will be closed to motorized 

vehicles, including OHV, but open to biking, hiking, and equestrian use. 

Implementation-level Decisions

Routes of travel within the OHV limited use area surrounding the ISD SRMA have been 

designated as open (motorized) routes, except for Grays Well Road, Luis Aguilar Road, 

Wash Road, and Gecko Road, which are limited to street legal vehicles only. To 

minimize impacts to sensitive species, stopping, parking, and camping along the open 

routes in the Flat-tailed Horned Lizard Management Area is limited to within 50 feet on 

either side of the route centerline. Routes within the ISD SRMA, excluding the 

wilderness, have also been designated as open, except for Grays Well Road, Luis 

Aguilar Road, Wash Road, and Gecko Road, which are limited to street legal vehicles 

only. Open routes are available to motorized vehicles. Limited routes may have 

additional limitations on use including vehicle size, vehicle type, and season of use. 

Closed routes would be closed to motorized vehicles, including OHVs, but open to 

biking, hiking, and equestrian use. There are a total of approximately 191.4 miles of 

motorized routes within the Planning Area. See also Section 2.22.2, Table 2-7, of the 

RAMP for additional details of goals and objectives, and management actions for routes 

of travel. Map 2-8 illustrates the locations of the various routes of travel.

Management Actions for Designated Routes of Travel 

To minimize impacts to sensitive resources, reduce conflicts between users, and provide 

for visitor safety, the following will apply to designated routes and surrounding lands 

within the Planning Area:

TPA-08 Maintain, and where necessary, improve Wash Road.

TPA-09 Allow primary motorized vehicle travel only on designated routes. Emergency 

vehicles may utilize a drivable wash to access a site. Where no roads exist, vehicles 

could be authorized on a case-by-case basis to travel cross-country to avoid the need 

for road building, with appropriate environmental analysis. 

TPA-10 Ensure that designated routes within the Planning Area are adequately signed 

and mapped for public use.

TPA-11 Where new roads are considered in the future, roadbeds will be no wider than 

needed for reliable access. Proposed new roads would be considered only after 
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appropriate environmental analysis and will use BLM specifications and BMPs to 

minimize impacts to resources and reduce erosion. 

TPA-12 Reduce vehicle incursions or trespass on closed routes or in closed areas by 

restoring lands to their pre-disturbance conditions as rapidly as funding permits. 

Sensitive resources in immediate danger or those that have been damaged by linear 

disturbances will be a high priority for restoration. Typically, the restoration will be limited 

to that portion of the route of trespass that is in line of sight from an open route. Each 

route will be evaluated on a case-by-case basis, and the most appropriate method of 

restoration will be used based on geography, topography, soils, hydrology, and 

vegetation. The methods of restoration will include:

• Not repairing washed-out routes

• Using natural barriers, such as large boulders

• Using rocks and dead and downed wood to obscure the route entryway

• Employing mulching, chipping, and raking to disguise evidence of routes

• Ripping up the route bed and reseeding with vegetation native to that area

• Utilizing fences or barriers

• Providing signage, including information to OHV users, on the need and value of 

resource protection

• Converting closed motorized two-track routes into non-motorized single track routes

Administrative Remedies for Appeals

A person who wishes to appeal to the ISD ROD and RAMP must file a notice expressing 

the wish to appeal in the office of the officer who made the decision. A person served 

with the decision being appealed must transmit the Notice of Appeal in time for it to be 

filed in the office where is required to be filed within 30 days after the date of service. If a 

decision is published in the Federal Register, a person not served with the decision must 

transmit a Notice of Appeal in time for it to be filed within 30 days after the date of 

publication (43 CFR 4.411 and 4.413).

The Federal Register notice announcing the availability of this ROD and RAMP will 

initiate the 30-day appeal period for the implementation-level decisions on Routes of 

Travel. The Notice of Appeal should state the specific route(s), as identified in Section 

2.18.2, Table 2-7, Routes of Travel Designations of the ROD and RAMP, on which the 

decision is being appealed. Map 2-8 illustrating the routes of travel is included in this 

ROD/RAMP and are also available at BLM’s web site:

(http://www.blm.gov/ca/st/en/fo/elcentro.html) or the El Centro Field Office (1661 South 

4th Street, El Centro, California 92243) or by calling 760-337-4400.
APPENDIX C
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Laws, Regulations, and Executive Orders

BLM must comply with the mandate and intent of the following federal laws (and any 

applicable regulations) and Executive Orders that apply to BLM-administered lands and 

resources in the Planning Area.

Air

A. Clean Air Act, 42 USC 7401 et seq.

The primary objective of the Clean Air Act is to establish federal standards for various 

pollutants from both stationary and mobile sources and to provide for the regulation of 

polluting emissions via state implementation plans. In addition, the amendments are 

designed to prevent significant deterioration in certain areas where air quality exceeds 

national standards, and to provide for improved air quality in areas which do not meet 

federal standards (non-attainment areas). 

Federal facilities are required to comply with air quality standards to the same extent as 

nongovernmental entities. Part C of the 1977 amendments stipulates requirements to 

prevent significant deterioration of air quality and, in particular, to preserve air quality in 

national parks, national wilderness areas, national monuments and national seashores. 

The amendments establish Class I, II and III areas, where emissions of particulate 

matter and sulfur dioxide are to be restricted. The restrictions are most severe in Class I 

areas and are progressively more lenient in Class II and III areas. 

Mandatory Class I federal lands include all national wilderness areas exceeding 500 

acres. Federal land managers are charged with direct responsibility to protect the air 

quality and related values (including visibility) of Class I lands and to consider, in 

consultation with Environmental Protection Agency, whether proposed facilities will have 

an adverse impact on these values. 

Native American Tribes

A. American Indian Religious Freedom Act, 

42 USC 1996

This act recognizes that freedom of religion for all people is an inherent right and that 

traditional American Indian religions are an indispensable and irreplaceable part of 

Indian life. Establishing federal policy to protect and preserve the inherent right of 

religious freedom for Native Americans, this act requires federal agencies evaluate their 

actions and policies to determine if changes should be made to protect and preserve the 
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religious cultural rights and practices of Native Americans. Such evaluations are made in 

consultation with native traditional religious leaders.

B. Consultation and Coordination with Indian Tribal 

Governments, Executive Order 13175, November 

6, 2000

In formulating or implementing policies that have tribal implications, agencies shall 

respect Indian tribal self-government and sovereignty, honor tribal treaty and other 

rights, and strive to meet the responsibilities that arise from the unique legal relationship 

between the federal government and Indian tribal governments.

C. Indian Sacred Sites, Executive Order 13007, May 

24, 1996

In managing federal lands, agencies shall, to the extent practicable, permitted by law, 

and not inconsistent with agency functions, accommodate Indian religious practitioners’ 

access to and ceremonial use of Indian sacred sites. Agencies are to avoid adversely 

affecting the physical integrity of these sites, maintaining the confidentiality of such sites, 

and informing tribes of any proposed actions that could restrict access to, ceremonial 

use of, or adversely affect the physical integrity of, sacred sites.

D. Native American Graves Protection and

Repatriation Act, 25 USC 3001-13

This act establishes requirements for the treatment of Native American human remains 

and sacred or cultural objects found on federal land. 

In any case where such items can be associated with specific tribes or groups of tribes, 

the agency is required to provide notice of the item in question to the tribe or tribes. 

Upon request, each agency is required to return any such item to any lineal descendant 

or specific tribe with whom such item is associated. There are various additional 

requirements imposed upon the Secretary. 

E. Religious Freedom Restoration Act, 

42 USC 2000bb

This act is aimed at preventing laws which substantially burden a person’s free exercise 

of their religion. The Religious Freedom Restoration Act reinstated the Sherbert Test, 

mandating that strict scrutiny be used when determining if the Free Exercise Clause of 

the First Amendment to the U.S. Constitution, guaranteeing religious freedom, has been 

violated. In this, the courts must first determine whether a person has a claim involving a 

sincere religious belief, and whether government action has a substantial burden on the 

person’s ability to act on that belief. If these two elements are established, then the 
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government must prove that it is acting in furtherance of a compelling state interest, and 

that it has pursued that interest in the manner least restrictive, or least burdensome, to 

religion.

Antiquities/Archaeology

A. Antiquities Act, 16 USC 431–433

This act authorizes the President to designate as National Monuments objects or areas 

of historic or scientific interest on lands owned or controlled by the United States. The 

act required that a permit be obtained for examination of ruins, excavation of 

archaeological sites and the gathering of objects of antiquity on lands under the 

jurisdiction of the Secretaries of Interior, Agriculture, and Army, and provided penalties 

for violations.

B. Archeological and Historic Preservation Act, 

16 USC 469–469c

This law was enacted to carry out the policy established by the Historic Sites Act, 

directed federal agencies to notify the Secretary of the Interior whenever they find a 

federal or federally assisted, licensed or permitted project may cause loss or destruction 

of significant scientific, prehistoric or archaeological data. The act authorized use of 

appropriated, donated and/or transferred funds for the recovery, protection and 

preservation of such data. 

C. Archaeological Resources Protection Act, 

16 USC 470aa–470ll

This act largely supplanted the resource protection provisions of the Antiquities Act for 

archaeological items. It established detailed requirements for issuance of permits for any 

excavation for or removal of archaeological resources from federal or Indian lands. It 

also established civil and criminal penalties for the unauthorized excavation, removal, or 

damage of any such resources; for any trafficking in such resources removed from 

federal or Indian land in violation of any provision of federal law; and for interstate and 

foreign commerce in such resources acquired, transported or received in violation of any 

state or local law. 

D. Historic Sites, Buildings and Antiquities Act, 

16 USC 461–462, 464–467

This act declared it a national policy to preserve historic sites and objects of national 

significance. It provided procedures for designation, acquisition, administration and 

protection of such sites. Among other things, National Historic and Natural Landmarks 

are designated under authority of this act.
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E. National Historic Preservation Act, 

16 USC 470 et seq.

This act provided for preservation of significant historical features (buildings, objects and 

sites) through a grant-in-aid program to the states. It established the National Register of 

Historic Places and a program of matching grants under the existing National Trust for 

Historic Preservation. The act established an Advisory Council on Historic Preservation, 

which was made a permanent independent agency in1976. Federal agencies are 

directed to take into account the effects of their actions on items or sites listed or eligible 

for listing in the National Register of Historic Places. 

F. Preserve America, Executive Order 13287, March 

3, 2003

Agencies shall provide leadership in preserving America’s heritage by actively advancing 

the protection, enhancement, and contemporary use of the historic properties owned by 

the federal government. 

Each agency is to provide and maintain an assessment of the status of its inventory of 

historic properties and their ability to contribute to community economic development 

initiatives.

Where consistent with its mission and governing authorities, and where appropriate, 

agencies shall seek partnerships with state and local governments, Indian tribes, and the 

private sector to promote the unique cultural heritage of communities and of the nation 

and to realize the economic benefit that these properties can provide; and cooperate 

with communities to increase opportunities for public benefit from, and access to, 

federally owned historic properties.

G. Protection and Enhancement of Cultural 

Environment, Executive Order 11593, May 13, 

1971

Federal agencies are to provide leadership in the preservation, restoration, and 

maintenance of the historic and cultural environment. Agencies are to locate and 

evaluate all federal sites under their jurisdiction or control which may qualify for listing on 

the National Register of Historic Places or sites that qualify. Agencies are to initiate 

procedures to maintain such federally owned sites. The Advisory Council on Historic 

Preservation must be allowed to comment on the alteration, demolition, sale, or transfer 

of property which is likely to meet the criteria for listing as determined in consultation 

with the SHPO.
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Environment—General

A. Environmental Quality Improvement, 

Act 42 USC 4371 et seq.

Ensures each federal agency conducting or supporting public works activities affecting 

the environment implements policies established under existing law principally by 

establishing the Office of Environmental Quality to provide assistance to, and oversight 

of, federal agencies.

B. Federal Land Policy and Management Act, 

43 USC 1701 et seq.

The “Organic Act” for the BLM, this act provides for the inventory and planning of the 

public lands to ensure that these lands are managed in accordance with the intent of 

Congress under the principles of multiple use and sustained yield. The lands are to be 

managed in a manner that protects the quality of scientific, scenic, historical, ecological, 

environmental, air and atmospheric, water resource, and archaeological values that, 

where appropriate, will preserve and protect certain public lands in their natural 

conditions, that will provide food and habitat for fish and wildlife and domestic animals, 

and that will provide for outdoor recreation and human occupancy and use by 

encouraging collaboration and public participation throughout the planning process.

In addition, the public lands must be managed in a manner that recognizes the Nation’s 

need for domestic sources of minerals, food, timber, and fiber from the public lands. 

Many old laws were repealed but rights obtained under those laws are protected. New 

authority for the disposal of appropriate public lands through sale or exchange is 

provided. Right-of-way granting procedures are provided for both the BLM and the U.S. 

Forest Service. The regulations contained in 43 CFR Part 1600 govern the BLM

planning process.

C. National Environmental Policy Act, 

42 USC 4321 et seq.

NEPA encourages productive and enjoyable harmony between man and his 

environment and promotes efforts which will prevent or eliminate damage to the 

environment and biosphere and stimulate the health and welfare of humans; enriches 

the understanding of the ecological systems and natural resources important to the 

nation.

NEPA requires that for recommendations or reports on proposals for legislation and 

other major actions significantly affecting the quality of the human environment that 

federal agencies through a systematic, interdisciplinary approach which will insure the 
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integrated use of the natural and social sciences and the environmental design arts in 

planning and in decision making which may have an impact on the human environment; 

include a detailed statement by the responsible official on: the environmental impact of 

the proposed action; any adverse environmental effects which cannot be avoided should 

the proposal be implemented; alternatives to the proposed action; the relationship 

between local short-term uses of the human environment and the maintenance and 

enhancement of long-term productivity; and any irreversible and irretrievable 

commitments of resources which would be involved in the proposed action should it be 

implemented. 

D. Protection and Enhancement of Environmental 

Quality, Executive Order 11514, March 5, 1970

Federal agencies shall initiate measures needed to direct their policies, plans and 

programs so as to meet national environmental goals of protecting and enhancing the 

quality of the nation's environment to sustain and enrich human life. 

Agencies should monitor, evaluate, and control on a continuing basis their agencies' 

activities so as to protect and enhance the quality of the environment. Such activities 

shall include those directed to controlling pollution and enhancing the environment and 

those designed to accomplish other program objectives which may affect the quality of 

the environment.

Agencies shall ensure the fullest practicable provision of timely public information and

understanding of federal plans and programs with environmental impact in order to 

obtain the views of interested parties. This will include, whenever appropriate, provision 

for public hearings, and shall provide the public with relevant information, including 

information on alternative courses of action.

E. Federal Action to Address Environmental Justice 

in Minority Populations and Low-income 

Populations, Executive Order 12898, February 11, 

1994

Agencies shall make achieving environmental justice part of its mission by identifying 

and addressing disproportionately high and adverse human health or environmental 

effects of its programs, policies, and activities on minority populations and low-income 

populations.
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Fire

A. Timber Protection Act, 16 USC 594

This act authorizes the Secretary of the Interior to protect timber on lands under the 

department's jurisdiction from fire, disease and insects

Fish and Wildlife

A. Animal Damage Control Act, 7 USC 426–426c

This act, as amended, gives the Secretary of Agriculture broad authority for 

investigation, demonstrations and control of mammalian predators, rodents and birds. 

B. Bald Eagle Protection Act, 16 USC 668–668d

This law provides for the protection of the bald eagle (the national emblem) and the 

golden eagle by prohibiting, except under certain specified conditions, the taking, 

possession and commerce of such birds. 

C. Conservation of Migratory Birds, Executive Order

13186, January 10, 2001

Executive Order 13186 creates a more comprehensive strategy for the conservation of 

migratory birds by the federal government. The order provides a specific framework for 

the federal government’s compliance with its treaty obligations to Canada, Mexico, 

Russia, and Japan. The order provides broad guidelines on conservation responsibilities 

and requires the development of more detailed guidance in Memorandum of 

Understanding within two years of its implementation. The order will be coordinated and 

implemented by the USFWS. The Memorandum of Understanding will outline how 

federal agencies will promote conservation of migratory birds. The order will requires the 

support of various conservation planning efforts already in progress; incorporation of bird 

conservation considerations into agency planning, including NEPA analyses; and 

reporting annually on the level of take of migratory birds.

D. Endangered Species Act, 16 USC 1532 et seq.

This act provides for the conservation of ecosystems upon which threatened and 

endangered species of fish, wildlife, and plants depend, both through federal action and 

by encouraging the establishment of state programs. The act: authorizes the 

determination and listing of species as endangered and threatened; prohibits 

unauthorized taking, possession, sale, and transport of endangered species; provides 

authority to acquire land for the conservation of listed species, using land and water 
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conservation funds; authorizes establishment of cooperative agreements and grants-inaid to states that establish and maintain active and adequate programs for endangered 

and threatened wildlife and plants; authorizes the assessment of civil and criminal 

penalties for violating the act or regulations; and authorizes the payment of rewards to 

anyone furnishing information leading to arrest and conviction for any violation of the act 

or any regulation issued there under. 

Section 7 of the Endangered Species Act requires federal agencies to insure that any 

action authorized, funded or carried out by them is not likely to jeopardize the continued 

existence of listed species or modify their critical habitat. 

E. Exotic Organisms, Executive Order 11987, May 

24, 1977

Agencies, to the extent permitted by law, are to: restrict the introduction of exotic species 

into the natural ecosystems on lands and waters owned or leased by the U.S.; 

encourage states, local governments, and private citizens to prevent the introduction of 

exotic species into natural ecosystems of the U.S.; restrict the importation and 

introduction of exotic species into any natural U.S. ecosystems as a result of activities 

they undertake, fund, or authorize; and restrict the use of federal funds, programs, or 

authorities to export native species for introduction into ecosystems outside the U.S. 

where they do not occur naturally. 

F. Migratory Bird Treaty Act of 1918, amended in 

1936, 1960, 1968, 1969, 1974, 1978, 1986, and 

1998

The Migratory Bird Treaty Act implements treaties and conventions between the U.S.,

Canada, Japan, Mexico, and Russia for the protection of migratory birds. Unless 

otherwise permitted by regulations, the act makes it unlawful to pursue, hunt, take, 

capture or kill; attempt to take, capture or kill; possess, offer to or sell, barter, purchase, 

deliver or cause to be shipped, exported, imported, transported, carried or received any 

migratory bird, part, nest, egg or product, manufactured or not. The act also make it 

unlawful to ship, transport or carry from one state, territory or district to another, or 

through a foreign country, any bird, part, nest or egg that was captured, killed, taken, 

shipped, transported or carried contrary to the laws from where it was obtained; and 

import from Canada any bird, part, nest or egg obtained contrary to the laws of the 

province from which it was obtained. The Department of the Interior has authority to 

arrest, with or without a warrant, a person violating the act.
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G. Neotropical Migratory Bird Conservation Act, 

Public Law 106–247

This act provides grants to countries in Latin America, the Caribbean, and the U.S. for 

the conservation of neotropical migratory birds that winter south of the border and 

summer in North America. The law encourages habitat protection, education, 

researching, monitoring, and capacity building to provide for the long-term protection of 

neotropical migratory birds. 

H. Recreational Fisheries, Executive Order 12962, 

June 7, 1995

Agencies shall improve the quantity, function, sustainable productivity, and distribution of 

U.S. aquatic resources for increased recreational fishing opportunities by such activities 

as: developing and encouraging partnerships between governments and the private 

sector to advance aquatic resource conservation and enhance recreational fishing 

opportunities, identifying recreational fishing opportunities that are limited by water 

quality and habitat degradation and promoting restoration to support viable, healthy, and, 

where feasible, self-sustaining recreational fisheries, fostering sound aquatic 

conservation and restoration endeavors to benefit recreational fisheries, supporting 

outreach programs designed to stimulate angler participation in the conservation and 

restoration of aquatic systems, and implementing laws under their purview in a manner 

that will conserve, restore, and enhance aquatic systems that support recreational 

fisheries. 

Land

A. Desert Land Act, 43 USC 321 et seq.

This act allows entry of up to 320 acres of desert land where the entryman intends to 

reclaim the land for agricultural purposes within three years. Lands must be determined 

to be available and classified pursuant to 43 USC 315f before such an entry can be 

allowed.

B. Exchanges of Public Land for Non-federal Land, 

43 USC 1716

Allows the exchange of public land, or interests therein, for non-federal lands where it is 

determined (the Secretary finds) that the public interest will be well served by making the 

exchange. Values of the disposed and acquired lands must be equal in value.
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C. Federal Land Exchange Facilitation Act, 43 USC

1716, August 20, 1988

Amends the exchange provisions of FLPMA to streamline and facilitate land exchange 

procedures and to expedite exchanges.

D. Federal Land Transaction Facilitation Act, 

Public Law 106–248, July 25, 2000

Provides a more expeditious process for disposal and acquisition of land to facilitate a 

more effective configuration of land ownership patterns.

Funds from the sale of specified land is deposited in a special fund available to acquire 

land and to process additional land sales.

E. Recreation and Public Purposes Act, 

43 USC 869 et seq.

This act provides for the lease or disposal of public lands, and certain withdrawn or 

reserved lands, to state and local governments and qualified non-profit organizations to 

be used for recreational or public purposes. Prices that are charged for land use or 

acquisition are normally less than market value of the specific lands. The act allows for 

reversion of the lands under certain conditions.

F. Sales of Public Lands, 43 USC 1713

Allows the sale of public lands found suitable for use other than frazing or the production 

of forage crops that also:

• is difficult and uneconomic to manage, or

• the tract was acquired for a purpose for which the tract is no longer necessary, or 

• disposal of the tract will serve important public objectives.

Mining and Mineral Leasing

A. General Mining Law, 30 USC 21 et seq.

This authority sets forth rules and procedures for the exploration, location and patenting 

of lode, placer, and mill site mining claims. Claimants must file notice of the original 

claim with the BLM as well as annual notice of intention to hold, affidavit of assessment 

work or similar notice.
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B. Mining and Mineral Policy Act, 30 USC 21a

This act expressed the national policy to foster and encourage private enterprise in the 

development of economically sound and stable domestic mining, minerals, metal and 

mineral reclamation industries, the orderly and economic development of domestic 

mineral resources, reserves, and reclamation of metals and minerals to help assure 

satisfaction of industrial, security and environmental needs, mining, mineral, and 

metallurgical research, including the use and recycling of scrap to promote the wise and 

efficient use of our natural and reclaimable mineral resources, and the study and 

development of methods for the disposal, control, and reclamation of mineral waste 

products, and the reclamation of mined land, so as to lessen any adverse impact of 

mineral extraction and processing upon the physical environment that may result from 

mining or mineral activities.

C. Stock Raising Homestead Act, 43 USC 291–299

Patents issued under this authority reserved minerals to the U.S. as well as the right to 

prospect for, mine, and remove said minerals. Certain conditions exist to protect the 

patentee’s improvements.

D. Mineral Leasing Act, 30 USC 181 et seq.

This act authorizes and governs leasing of public lands for development of deposits of 

coal, oil, gas and other hydrocarbons, sulphur, phosphate, potassium and sodium. 

E. Federal Coal Leasing Amendments Act, 

30 USC 201

This act made major changes in the way coal leases tracts are established, economic 

and environmental considerations, sale/leasing procedures, and penalties for violations.

F. Surface Mining Control and Reclamation Act, 

30 USC 1201 et seq.

This act establishes a program for the regulation of surface mining activities and the 

reclamation of coal-mined lands, under the administration of the Office of Surface 

Mining, Reclamation and Enforcement in the Department of the Interior. 

The law sets forth minimum uniform requirements for all coal surface mining on federal

and state lands, including exploration activities and the surface effects of underground 

mining. Mine operators are required to minimize disturbances and adverse impact on 

fish, wildlife and related environmental values and achieve enhancement of such 

resources where practicable. Restoration of land and water resources is ranked as a 

priority in reclamation planning. 
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G. Geothermal Steam Act, 30 USC 1001 et seq.

This act authorizes and governs the lease of geothermal steam and related resources on 

public lands.

H. Mineral Leasing Act for Acquired Lands, 

30 USC 351 et seq.

This act authorizes and governs mineral leasing on acquired lands.

I. Materials Sales Act, 30 USC 601–604

This act provides for the disposal of materials on public lands and requires the 

Secretary, under such rules and regulations as he may prescribe, may dispose of 

mineral materials (including but not limited to common varieties of the following: sand, 

stone, gravel, pumice, pumicite, cinders, and clay) and vegetative materials (including

but not limited to yucca, manzanita, mesquite, cactus, and timber or other forest 

products) on public lands of the United States. Such materials may be disposed of upon 

the payment of adequate compensation. The Secretary is authorized in his discretion to

permit any federal, state, or territorial agency, unit or subdivision, including

municipalities, or any association or corporation not organized for profit, to take and 

remove, without charge, materials and resources for use other than for commercial or

industrial purposes or resale. 

Pollution—General

A. Comprehensive Environmental Response 

Compensation and Liability Act (Superfund), 

42 USC 9601 et seq.

The Superfund statute was enacted in 1980; major amendments were enacted in 1983 

and in 1986. The 1980 statute authorized, through 1985, the collection of taxes on crude 

oil and petroleum products, certain chemicals, and hazardous wastes. It also established 

liability to the U.S. government for damage to natural resources over which the U.S. has 

sovereign rights and requires the President to designate federal officials to act as 

trustees for natural resources. Use of Superfund monies to conduct natural resource 

damage assessments was provided. 

The 1983 amendments established a comprehensive system to react to releases of 

hazardous substances and to determine liability and compensation for those affected. 

The President is authorized to notify federal and state natural resource trustees of 

potential damages to natural resources and to coordinate related assessments.
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Amendments enacted in 1986 (known as the Superfund Amendment and 

Reauthorization Act, among others, 1) added effects on natural resources as a criterion 

for determining facilities to be placed on the National Priorities List, 2) mandated the 

designation of federal officials to act as trustees for natural resources and to assess 

damages and injury to, as well as destruction of, or loss of, natural resources, 3) 

stipulated that Superfund monies may only be used for natural resource damage claims 

if all administrative and judicial remedies to recover costs from liable parties have been 

exhausted, 4) clarified that federal facilities are subject to the same cleanup 

requirements and liability standards as non-governmental entities, and 5) eliminated the 

authorization for use of Superfund monies to conduct damage assessments.

B. Federal Environmental Pesticide Control Act, 

7 USC 136

This act, in simple terms, provided for a program for controlling the sale, distribution, and 

application of pesticides through an administrative registration process and for 

classifying pesticides for "general" or "restricted" use. Restricted pesticides may only be 

applied by or under the direct supervision of a certified applicator

C. Federal Compliance with Pollution Control 

Standards, Executive Order 12088

To ensure federal compliance with applicable pollution control standards, this executive 

order provides as follows: 1) the head of each executive agency is responsible for 

ensuring that all necessary actions are taken for the prevention, control, and abatement 

of environmental pollution with respect to federal facilities and activities under the control 

of the agency, and 2) the head of each executive agency is responsible for compliance 

with applicable pollution control standards. Applicable pollution control standards means 

the same substantive, procedural, and other requirements that would apply to a private 

person.

D. Superfund Implementation, Executive Order

12580 

This Executive Order delegates to various federal officials the responsibilities vested in 

the President for implementing the Comprehensive Environmental Response 

Compensation and Liability Act of 1980, as amended by the Superfund Amendments 

and Reauthorization Act of 1986. This Executive Order and the National Contingency 

Plan (the implementing regulations of the act) are the basis of the Department of 

Energy’s authority to implement the act at Department of Energy facilities. The Executive 

Order delegates the authority and responsibility to the Department of Energy, while the 

National Contingency Plan describes the Environmental Protection Agency’s procedures 

for implementing the Comprehensive Environmental Response Compensation and

Liability Act program. The Department of Energy is required to carry out a number of key 
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functions, including, providing representatives to the National Response Team, the 

interagency organization responsible for planning for and responding to Comprehensive 

Environmental Response Compensation and Liability Act releases; acting as a natural 

resource trustee for land that the Department of Energy manages; performing natural 

resource damage assessments; and assuming authority for response actions resulting 

from releases of hazardous substances on, over, or under land that the Department of 

Energy manages. 

E. Federal Compliance with Right to Know Laws 

and Pollution Prevention Requirements, 

Executive Order 12856, August 3, 1993

Requires agencies to comply with the provisions of the Pollution Prevention Act and to 

assure all necessary actions are taken to prevent pollution. The CEQ provided guidance 

on pollution prevention in the Federal Register of January 29, 1993.

F. Resource Conservation and Recovery Act, 

42 USC 6901 et seq.

This act regulates the treatment, transportation, storage, and disposal of solid and 

hazardous wastes. The BLM is required to comply with standards for wastes generated 

at its facilities. The key provisions include:

• Identification and listing of hazardous waste and standards applicable to hazardous 

waste. This requires reporting of hazardous waste, permitting for storage, transport, 

and disposal, and it includes provisions for oil recycling and federal hazardous waste 

facilities inventories. 

• Management for solid waste, including landfills. 

• Applicability of federal, state, and local laws to federal agencies.

• Management, replacement, and monitoring of underground storage tanks. 

G. Toxic Substances Control Act, 

15 USC 2601 et seq.

This act authorized the Environmental Protection Agency to obtain data from industry on 

health and environmental effects of chemical substances and mixtures. If unreasonable 

risk or injury may occur, the Environmental Protection Agency may regulate, limit or 

prohibit the manufacture, processing, commercial distribution, use and disposal of such 

chemicals and mixtures. 
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H. Pollution Prevention Act, 42 USC 13101 et seq.

This act encourages manufacturers to avoid the generation of pollution by modifying 

equipment and processes, redesigning products, substituting raw materials, and making 

improvements in management techniques, training and inventory control.

I. Solid Waste Disposal Act, 42 USC 6901 et seq.

Establishes a national policy that, wherever feasible, the generation of hazardous waste 

is to be reduced or eliminated as expeditiously as possible. Waste that is nevertheless 

generated should be treated, stored, or disposed of so as to minimize the present and 

future threat to human health and the environment. It directs the Environmental 

Protection Agency to provide guidelines for the treatment, handling, and storage of such 

wastes.

Rangelands

A. Federal Noxious Weed Act, 7 USC 2801 et seq.

This act provides the Secretary of Agriculture authority to designate plants as noxious 

weeds by regulation, and prohibits the movement of all such weeds in interstate or 

foreign commerce except under permit. The Secretary also has authority to inspect, 

seize and destroy products, and to quarantine areas, if necessary to prevent the spread 

of such weeds. The Secretary is also authorized to cooperate with other federal, state

and local agencies, farmers associations and private individuals in measures to control, 

eradicate, or prevent or retard the spread of such weeds. 

Each federal land-managing agency is to designate an office or person adequately 

trained in managing undesirable plant species to develop and coordinate a program to 

control such plants on the agency's land.

B. Invasive Species, Executive Order 13112, 

February 3, 1999

The purpose is to prevent the introduction of invasive species and provide for their 

control, as well as to minimize the economic, ecological, and human health impacts that 

invasive species cause. 

Agencies whose actions may affect the status of invasive species shall: 1) identify such 

actions, 2) use relevant programs and authorities to prevent, control, monitor, and 

research such species, and 3) not authorize, fund, or carry out actions that it believes 

are likely to cause or promote the introduction or spread of invasive species in the U.S.

or elsewhere
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C. Noxious Plant Control Act, 43 USC 1241–43

Authorizes agencies to allow, and pay for, state authorities to enter federal land for the 

control/destruction of noxious plants.

Recreation

A. Off-Road Vehicles, Executive Order 11644, 

February 8, 1972 and Executive Order 11989, May 

24, 1977

These orders require public land managers "to establish policies and procedures that will 

ensure that the use of off-highway vehicles on public lands will be controlled and 

directed to protect the resources of those lands, to promote the safety of all users of 

those lands, and to minimize conflicts among the various uses of those lands."

B. Federal Lands Recreation Enhancement Act, 16 

USC 6801 et seq.

The Federal Lands Recreation Enhancement Act was enacted by Congress as part of 

the 2005 Omnibus Appropriations Bill. The act limits fees to sites that have a specified 

minimum level of development and meet specific criteria. Additional safeguards include 

provisions that require the use of Recreation Resource Advisory Committees and 

specific requirements to provide the public with information about fees and how fee 

revenues will be used. The act provides agencies with recreation fee authority for 10 

years, which will allow the agencies to improve the efficiency of the program, provide 

better facilities and services to the visitors, employ greater use of technology, and enter 

into more fee management agreements with counties and other entities to provide 

additional services to visitors.

The act benefits visitors to federal public lands by:

• Providing a consistent, interagency fee program that reduces confusion over differing 

national fee programs and passes

• Providing more opportunities for public involvement in determining recreation fee 

sites and fees levels

• Providing focused criteria and limits on areas and sites in which recreation fees can 

be charged

• Providing a revenue source to enhance visitor services and address the backlog of 

maintenance needs at recreation facilities
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• Providing more opportunities for cooperation with gateway communities through fee 

management agreements for visitor and recreation services, emergency medical 

services and law enforcement services

Rights-of-Way

With the passage of FLPMA in 1976, BLM was left with existing rights-of-way (“PreFLPMA” rights-of-way) and three basic authorities under which public lands may be used 

or dedicated to various types of rights-of-way.

A. Pre-FLPMA Rights-of-way, 43 USC 1701 Savings 

Provision

Various laws provided for rights-of-way ranging from ditches and canals through 

communications to railroads. Some are indefinite in term and will remain under the preFLPMA authority until abandoned. Others have definite terms and will come under 

current authorities if amended or renewed.

B. Oil and Gas Pipeline Rights-of-way, 30 USC 185

The Mineral Leasing Act of 1920, as amended, contains provisions for the issuance of 

rights-of-way for the transportation of natural gas and oil or products derived there from. 

The term of the right-of-way is limited to 30 years but is renewable. Where an application 

involves land administered by two or more federal agencies, the Secretary of the Interior 

has delegated the decision making to the BLM. Federal agencies are not eligible under 

this authority.

C. FLPMA Rights-of-way, 43 USC 1761 et seq.

Title V of FLPMA gives the BLM authority to authorize most types of right-of-way use, 

other than oil and gas Rights-of-way, on the public lands. The term of the right-of-way is 

determined by need and conditions; it may be indefinite but usually is around 30 years. 

Rights-of-way may be renewed.

D. Federal Aid Highways, 23 USC 317

Where Federal Aid Highways are involved, the Secretary of Transportation may 

appropriate federal land for such highway projects. Applications or requests are usually 

filed by the State Department of Transportation through the local office of the Federal 

Highway Administration. If BLM does not disapprove such a request within 120 days, the 

appropriation is automatic. When BLM issues a letter “consenting” to the appropriation 

reasonable terms and conditions may be included.
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E. Energy Supply, Distribution, or Use, Executive 

Order 13211, May 18, 2001

This order requires an impact and alternative analysis for any proposed rule that would 

have an adverse impact on energy supply, distribution, or use.

F. Environmental Stewardship and Transportation 

Infrastructure Project Reviews, Executive Order

13274, September 18, 2002

Agencies shall take appropriate actions, to the extent consistent with applicable law and 

available resources, to promote environmental stewardship in the nation's transportation 

system and expedite environmental reviews of high-priority transportation infrastructure 

projects.

For transportation infrastructure projects, agencies shall, in support of the Department of 

Transportation, formulate and implement administrative, policy, and procedural 

mechanisms that enable each agency required by law to conduct environmental reviews 

with respect to such projects to ensure completion of such reviews in a timely and 

environmentally responsible manner.

Renewable Energy

A. Action to Expedite Energy Related Projects, 

Executive Order 13212, May 18, 2001

For energy-related projects, agencies shall expedite their review of permits or take other 

actions as necessary to accelerate the completion of such projects, while maintaining 

safety, public health, and environmental protections. The agencies shall take such 

actions to the extent permitted by law and regulation, and where appropriate.

B. Energy Policy Act, Public Law 109–58

On August 8, 2005, the Energy Policy Act of 2005 (Public Law 109-58) was signed into 

law. Section 211 of the act states, “It is the sense of the Congress that the Secretary of 

the Interior should, before the end of the 10-year period beginning on the date of 

enactment of this Act, seek to have approved non-hydropower renewable energy 

projects located on the public lands with a generation capacity of at least 10,000 

megawatts of electricity.” This act also contains a multitude of provisions covering 

energy production, distribution, storage, efficiency, conservation, and research. Other 

topics of note include renewable energy, expansion of the Strategic Petroleum Reserve, 

fuel production access in federal lands, the ban of drilling in the Great Lakes, electricity 

reliability, hydrogen vehicles, vehicle efficiency and alternative fuels, ethanol, and motor 

fuels.
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Trails

A. National Parks and Recreation Act of 1978, 

Public Law 95–625 

This act provides for increases in appropriations ceilings, development ceilings, land 

acquisition, and boundary changes in certain federal park and recreation areas, and for 

other purposes. It provides for the establishment of new units of the national park 

system, numerous boundary changes, and authorization increases for existing units of 

the national park system, and designated portions of a number of existing national park 

system areas as wilderness. It also established a new category in the National Trails 

System labeled National Historic Trails and would designate additional national scenic 

trails.

B. National Trails System Act, 16 USC 1241–1249

This act provides for establishment of National Recreation Trails, National Scenic Trails, 

and National Historic Trails.

National Recreation Trails may be established by the Secretaries of Interior or 

Agriculture on land wholly or partly within their jurisdiction, with the consent of the 

involved state(s), and other land managing agencies, if any. National Scenic Trails and 

National Historic Trails may only be designated by an Act of Congress. 

Water—General

A. Clean Water Act, Public Law 95–217

The Clean Water Act extensively amended the federal Water Pollution Act. Of particular 

significance were the following provisions:

• Development of a Best Management Practices Program as part of the state area 

wide planning program

• Authority for the U.S. Army Corps of Engineers to issue general permits on a state, 

regional, or national basis for any category of activities which are similar in nature, 

will cause only minimal environmental effects when performed separately, and will 

have only minimal cumulative adverse impact on the environment 

• Exemption of various activities from the dredge and fill prohibition including normal 

farming, silviculture, and ranching activities (33 USC 1344(f)) 

• Procedures for state assumption of the regulatory program.
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The Clean Water Act requires the Environmental Protection Agency to establish water 

quality standards for specified contaminants in surface waters and forbids the discharge 

of pollutants from a point source into navigable waters without a National Pollutant 

Discharge Elimination System permit. These permits are issued by the Environmental 

Protection Agency or the appropriate state if it has assumed responsibility. Section 404 

of the Clean Water Act establishes a federal program to regulate the discharge of 

dredged and fill material into waters of the United States. Section 404 permits are issued 

by the U.S. Army Corps of Engineers.

B. Federal Water Pollution Control Act, 

33 USC 1251 et seq.

The original 1948 statute, the Water Pollution Control Act, authorized the Surgeon 

General of the Public Health Service, in cooperation with other federal, state and local 

entities, to prepare comprehensive programs for eliminating or reducing the pollution of 

interstate waters and tributaries and improving the sanitary condition of surface and 

underground waters. During the development of such plans, due regard was to be given 

to improvements necessary to conserve waters for public water supplies, propagation of 

fish and aquatic life, recreational purposes, and agricultural and industrial uses. The 

original statute also authorized the Federal Works Administrator to assist states, 

municipalities, and interstate agencies in constructing treatment plants to prevent 

discharges of inadequately treated sewage and other wastes into interstate waters or 

tributaries. 

Since 1948, the original statute has been amended extensively either to authorize 

additional water quality programs, standards and procedures to govern allowable 

discharges, funding for construction grants or general program funding. Amendments in 

other years provided for continued authority to conduct program activities or 

administrative changes to related activities. 

C. Flood Control Act, 16 USC 460d et seq.

This act, as amended and supplemented by other flood control acts and river and harbor 

acts, authorizes various U.S. Army Corps of Engineers water development projects. This 

statute expressed Congressional intent to limit the authorization and construction of 

navigation, flood control, and other water projects to those having significant benefits for 

navigation and which could be operated consistent with other river uses. The authority to 

construct, operate and maintain public park and recreational facilities in reservoir areas 

was also provided.
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D. Floodplain Management, Executive Order 11988, 

May 24, 1977

The purpose of this Executive Order is to prevent agencies from contributing to the 

"adverse impacts associated with the occupancy and modification of floodplains" and the 

"direct or indirect support of floodplain development." 

In the course of fulfilling their respective authorities, agencies "shall take action to reduce 

the risk of flood loss, to minimize the impact of floods on human safety, health and 

welfare, and to restore and preserve the natural and beneficial values served by 

floodplains." 

Before proposing, conducting, supporting or allowing an action in a floodplain, each 

agency is to determine if planned activities will affect the floodplain and evaluate the 

potential effects of the intended actions on its functions. Agencies shall avoid siting 

development in a floodplain "to avoid adverse effects and incompatible development in 

the floodplains," 

E. Oil Pollution Act, 33 USC 2701 et seq.

This act established new requirements and extensively amended the federal Water 

Pollution Control Act to provide enhanced capabilities for oil spill response and natural 

resource damage assessment 

Among other provisions are that federal trustees shall assess natural resource damages 

for natural resources under their trusteeship. Federal trustees may, upon request from a 

state or Indian tribe, assess damages to natural resources for them as well. Trustees 

shall develop and implement a plan for the restoration, rehabilitation, replacement, or 

acquisition of the equivalent of natural resources under their trusteeship.

F. Protection of Wetlands, Executive Order 11990, 

May 24, 1977

Similar to Floodplain Management, agencies are directed to consider alternatives to 

avoid adverse effects and incompatible developments in areas of wetlands. New 

construction is to be avoided if possible.

G. Safe Drinking Water Act, 42 USC 300h

This act establishes a program to monitor and increase the safety of all commercially 

and publicly supplied drinking water. This act was amended in 1986 to require the 

Environmental Protection Agency to establish Maximum Contaminant Levels, Maximum 

Contaminant Level Goals, and Best Available Technology treatment techniques for 

organic, inorganic, radioactive, and microbial contaminants, and turbidity. In 1996, 
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current federal Maximum Contaminant Level Goals and Best Available Technology 

treatment techniques in public drinking water supplies were set.

H. Water Quality Act, Public Law 100–4

This act provided the most recent series of amendments to the federal Water Pollution 

Act. Provisions included:

• Requirement that states develop strategies for toxics cleanup in waters where the 

application of Best Available Technology discharge standards is not sufficient to 

meet state water quality standards and support public health,

• Increase in the penalties for violations of Section 404 permits, and

• Requirement that the Environmental Protection Agency study and monitor the water 

quality effects attributable to the impoundment of water by dams.

I. Water Resources Planning Act, 

42 USC 1962a–1962(a)(4)(e)

This act established a Water Resources Council to be composed of Cabinet 

representatives, including the Secretary of the Interior. It also established River Basin 

Commissions and stipulated their duties and authorities. 

The Council was empowered to maintain a continuing assessment of the adequacy of 

water supplies in each region of the United States. In addition, the Council was 

mandated to establish principles and standards for federal participants in the preparation 

of river basin plans and in evaluating federal water projects. Upon receipt of a river basin 

plan, the Council was required to review the plan with respect to agricultural, urban, 

energy, industrial, recreational and fish and wildlife needs.

J. Water Rights, 43 USC 666

This act waives the sovereign immunity of the U.S. where there is a suit designed to 

establish the rights to a river or other source of water, or the administration of such 

rights, and the U.S. appears to own or be in the process of acquiring rights to any such 

water. (The effect is to permit state courts to adjudicate federal water rights claims under 

state law.) 
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Wilderness

A. California Desert Protection Act, Public Law 103–

433

This act designated lands in the BLM California Desert District as wilderness, 

established Death Valley and Joshua Tree National Parks, and established the Mojave 

National Preserve. Each designated wilderness area would be administered by BLM in 

accordance with the provisions of the Wilderness Act, except that any reference to the 

effective date of the Wilderness Act shall be deemed to be a reference to the effective 

date of this title.

B. Wilderness Act, 16 USC 1131 et seq.

This act established a National Wilderness System of areas to be designated by 

Congress. It directed the Secretary of the Interior, within 10 years, to review every 

roadless area of 5,000 or more acres and every roadless island (regardless of size) 

within National Wildlife Refuge and National Park Systems and to recommend to the 

President the suitability of each such area or island for inclusion in the National 

Wilderness Preservation System, with final decisions made by Congress. The Secretary 

of Agriculture was directed to study and recommend suitable areas in the National 

Forest System. 

The act provides criteria for determining suitability and establishes restrictions on 

activities that can be undertaken on a designated area. Criteria set by Congress within 

this act states that wilderness areas have the following characteristics: 1) Generally 

appears to have been affected primarily by the forces of nature, with the imprint of man’s 

work substantially unnoticeable; 2) has outstanding opportunities for solitude or a 

primitive and confined types of recreation; 3) has at least 5,000 acres of land or is of 

sufficient size as to make practicable its preservation and use in an unimpaired 

condition; and 4) may also contain ecological, geological or other features of scientific, 

educational, scenic or historical value. The Wilderness Act also set the accepted uses of 

designated wilderness areas and what uses are prohibited. The act sets special 

provisions for an agency’s continuing management of existing or grandfathered rights 

such as mining and grazing and other agency mission related activities.

Other

A. Federal Advisory Committee Act, Public Law 92–

463

The Federal Advisory Committee Act is a federal law (Public Law 92-463, October 6, 

1972) which governs the behavior of advisory committees. In particular it restricts the 
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formation of such committees to only those which are deemed essential, limits their 

powers to provision of advice to officers and agencies in the executive branch of the 

federal government, and limits the length of term during which any such committee may 

operate. The Federal Advisory Committee Act declared that all administrative 

procedures and hearings were to be public knowledge. Also see "sunshine clause" and 

"Administrative Procedure Act Section 553."

B. Federal Power Act, 16 USC 791–828c

Established what is now the Federal Energy Regulatory Commission. Studies water 

related power development possibilities. Licenses and oversees the development of 

water power project on federal and non-federal land. On federal land coordinates with 

agencies and, for some agencies they may dictate conditions to be included in licenses.

The Federal Energy Regulatory Commission also regulates interstate electric 

transmission lines and interstate oil and gas pipelines. Issues “certificates of public 

convenience” for these interstate facilities.

C. Federalism, Executive Order 13132, August 4, 

1999

In formulating and implementing policies that have federalism implications, agencies 

shall be guided by the following principles: 

• Federalism is rooted in the belief that issues that are not national in scope or 

significance are most appropriately addressed by the level of government closest to 

the people. 

• The people of the states created the national government and delegated to it 

enumerated governmental powers. All other sovereign powers, save those expressly 

prohibited the states by the Constitution, are reserved to the states or to the people. 

• The Framers recognized that the states possess unique authorities, qualities, and 

abilities to meet the needs of the people and should function as laboratories of 

democracy. 

• The nature of our constitutional system encourages a healthy diversity in the public 

policies adopted by the people of the several states according to their own 

conditions, needs, and desires. One-size-fits-all approaches to public policy 

problems can inhibit the creation of effective solutions to those problems. 

• Policies of the national government should recognize the responsibility of—and 

should encourage opportunities for—individuals, families, neighborhoods, local 

governments, and private associations to achieve their personal, social, and 

economic objectives through cooperative effort.
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• The national government should be deferential to the states when taking action that 

affects the policymaking discretion of the states and should act only with the greatest 

caution where state or local governments have identified uncertainties regarding the 

constitutional or statutory authority of the national government.

D. Freedom of Information Act, Public Law 85–619

The Freedom of Information Act is the implementation of freedom of information

legislation in the United States. The act explicitly applies only to federal government 

agencies. These agencies are under several mandates to comply with public solicitation 

of information. Along with making public and accessible all bureaucratic and technical 

procedures for applying for documents from that agency, agencies are also subject to 

penalties for hindering the process of a petition for information. However, there are nine 

exemptions, ranging from a withholding “specifically authorized under criteria established 

by an Executive Order to be kept secret in the interest of national defense or foreign 

policy” and trade secrets to “clearly unwarranted invasion of personal privacy.” In all 

cases, the President has unlimited power in declaring something off-limits or necessarily 

classified in the concern of national safety.

E. Land and Water Conservation Fund, 

16 USC 460l–460l-11 

This fund is derived from various types of revenue (primarily Outer Continental Shelf oil 

monies) and appropriations from the fund may be used for 1) matching grants to states 

for outdoor recreation projects and 2) land acquisition for various federal agencies.

F. Intergovernmental Review of Federal Programs, 

Executive Order 12372

In order to foster an intergovernmental partnership and a strengthened federalism by 

relying on state and local processes, the provisions of Executive Order 12372, July 14, 

1982, provides that: 1) federal agencies shall provide opportunities for consultation by 

elected officials of those state and local governments that would provide the non-federal

funds for, or that would be directly affected by, proposed federal financial assistance or 

direct federal development, and 2) To the extent the states, in consultation with local 

general purpose governments, and local special purpose governments they consider 

appropriate, develop their own processes or refine existing processes for state and local 

elected officials to review and coordinate proposed federal financial assistance and 

direct federal development.

G. Privacy Act of 1974, Public Law 93–579

The Privacy Act states in part, that no agency shall disclose any record which is 

contained in a system of records by any means of communication to any person, or to 
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another agency, except pursuant to a written request by, or with the prior written consent 

of, the individual to whom the record pertains. However, there are specific exceptions for 

the record allowing the use of personal records. These exceptions are as follows: 1) for 

statistical purposes by the Census Bureau and the Bureau of Labor Statistics, 2) for 

routine uses within a U.S. government agency, 3) for archival purposes "as a record 

which has sufficient historical or other value to warrant its continued preservation by the 

U.S. government," 4) for law enforcement purposes, 5) for Congressional investigations, 

and(6) other administrative purposes. The Privacy Act mandates that each U.S.

government agency have in place an administrative and physical security system to 

prevent the unauthorized release of personal records.

H. Regulatory Impact Analysis, 

Executive Order 12866, September 30, 1993

Requires agencies to analyze the economic impact of proposed rules.

I. Takings, Executive Order 12630, March 15, 1988

The Fifth Amendment of the U.S. Constitution provides that private property shall not be 

taken for public use without just compensation. Government historically has used the 

formal exercise of the power of eminent domain, which provides orderly processes for 

paying just compensation, to acquire private property for public use. Supreme Court 

decisions, however, in reaffirming the fundamental protection of private property rights 

provided by the Fifth Amendment and in assessing the nature of governmental actions 

that have an impact on constitutionally protected property rights, have also reaffirmed 

that governmental actions that do not formally invoke the condemnation power, including 

regulations, may result in a taking for which just compensation is required.

Agencies shall evaluate carefully the effect of their actions on constitutionally protected 

property rights to prevent unnecessary takings and should account in decision-making 

for those takings that are necessitated by statutory mandate.

J. Actions to Expedite Energy-Related Projects,

Executive Order 13212 

On May 18, 2001, the President signed Executive Order 13212, “Actions to Expedite 

Energy-Related Projects,” which states that “the increased production and transmission 

of energy in a safe and environmentally sound manner is essential” (Federal Register, 

Volume 66, page 28357, May 22, 2001). Executive departments and agencies are 

directed to “take appropriate actions, to the extent consistent with applicable law, to 

expedite projects that will increase the production, transmission, or conservation of 

energy.” Executive Order 13212 further states that “For energy-related projects, 

agencies shall expedite their review of permits or take other actions as necessary to 

accelerate the completion of such projects, while maintaining safety, public health, and 
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environmental protections. The agencies shall take such actions to the extent permitted 

by law and regulation and where appropriate.”

K. Federal Leadership Environmental, Energy, and 

Economic Performance, Executive Order 13514

On October 5, 2009, the President signed Executive Order 13514, “Federal Leadership 

in Environmental, Energy, and Economic Performance,” which requires that federal 

agencies take efforts to align their policies to advance local planning efforts for energy 

development, including renewable energy (Federal Register, Volume 74, page 52117, 

Oct. 5, 2009). Specifically, the order states that agencies shall “advance regional and 

local integrated planning by . . . aligning federal policies to increase the effectiveness of 

local planning for energy choices such as locally generated renewable energy.”
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THIS PAGE IS INTENTIONALLY BLANK.
APPENDIX D
THIS PAGE IS INTENTIONALLY BLANK.
Appendix D

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Monitoring Plan

The BLM would monitor and evaluate management strategies and resource conditions 

and trends to determine the effectiveness of the RAMP and to ensure that its 

implementation is achieving the desired results. Information on resource conditions 

obtained through monitoring would be used to assess the effectiveness of management 

strategies and evaluate whether or not management should be adapted to 

accommodate new information, changes in demands on resources, or other 

considerations. 

The BLM would monitor the Planning Area to quantify the number of recreational visits, 

types of recreational activities and use patterns, accomplishment of management 

objectives, and potential adverse impacts to resources and visitor experiences from 

recreational use. The results of the monitoring would provide an opportunity to identify 

actions to protect resources, enhance visitor experiences, and deal with health and 

safety needs in the area.

The monitoring program would include such actions as:

• Monitoring vehicle counters to observe visitation levels

• Wildlife water (guzzler) monitoring to observe wildlife use levels

• Migratory bird surveys to assess bird populations and overall ecosystem health

Monitoring would help the BLM to detect and document natural and human-induced 

changes in resource conditions and visitor experiences, and offer insights into the 

effectiveness of resource management policies and objectives. It would also help 

agency personnel understand what might be driving the changes requiring intervention 

(corrective management actions or strategies). 

Land use plan monitoring is conducted in two stages. The first is to ensure that decisions 

are implemented in accordance with the approved plan and ROD. This type of 

monitoring is conducted as plan decisions become effective or when decisions to 

approve implementation-level plans or to implement site-specific projects are approved 

or implemented. 

As stated in the BLM Land Use Planning Handbook H-1601-1, (page 33):

Implementation monitoring is the process of tracking and documenting the 

implementation (or the progress toward implementation) of land use plan 

decisions. This should be done at least annually and should be documented in 

the form of a tracking log or report. The report must be available for public review 
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(one way to accomplish this is an annual planning update which can be sent to 

those who participated in the planning process or have expressed an interest in 

receiving the report). The report should describe management actions proposed 

or undertaken to implement land use plan decisions and can form the basis for 

annual budget documents. In subsequent years, reports should document which 

management actions were completed and what further actions are needed to 

continue implementing land use plan decisions.

The next stage of monitoring is to determine whether land use plan decisions are 

achieving the desired effects. Effectiveness monitoring provides an empirical database 

on impacts of decisions and effectiveness of mitigation. Effectiveness monitoring is also 

useful for improving analytical procedures for future impact analyses and for designing 

or improving mitigation and enhancement measures. 

Effectiveness monitoring is the process of collecting data and information to determine 

whether or not desired outcomes (expressed as goals and objectives in the land use 

plan) are being met (or progress is being made toward meeting them) as the allowable 

uses and management actions are being implemented.

A monitoring strategy must be developed as part of the land use plan that identifies 

indicators of change, acceptable thresholds, methodologies, protocols, and timeframes 

that would be used to evaluate and determine whether or not desired outcomes are 

being achieved. The monitoring process should collect information in the most costeffective manner and may involve sampling or remote sensing.

Monitoring could be so costly as to be prohibitive if it is not carefully and reasonably 

designed. Therefore, it is not necessary or desirable to monitor every management 

action or direction. Unnecessary detail and unacceptable costs can be avoided by 

focusing on key monitoring questions and proper sampling methods. The level and 

intensity of monitoring would vary, depending on the sensitivity of the resource or area 

and the scope of the proposed management activity.

This monitoring plan is a dynamic document. Based on periodic reviews of the quality of 

the data collected and the usefulness of the data for making management decisions, it 

would be amended as necessary in order to ensure that the most important information 

is available to the manager for decision-making.

Table D-1 includes examples of monitoring that periodically occur within the Planning 

Area and outlines an approach to monitoring based on needs identified in this RAMP. 

Monitoring would be directed at areas in which specific and important resource values 

and visitor experiences could be threatened. 
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TABLE D-1

MONITORING PLAN FOR IMPERIAL SAND DUNES RAMP/CDCA PLAN AMENDMENT

Type of Monitoring How Often? Where Will it Take Place? Purpose?

Colorado Desert fringe-toed lizard 

monitoring

As funding and staffing levels 

allow (individual sightings to be 

recorded)

Areas to be determined

To assess Colorado Desert fringetoed lizard population levels and 

overall ecosystem health

Flat-tailed horned lizard sighting 

recordation As sightings occur Areas to be determined

To aid in assessment of flat-tailed 

horned lizard population levels 

and overall ecosystem health

Peirson’s milk-vetch monitoring

In years when 1.82-inch rainfall 

threshold during October, 

November, and December is met

Areas to be determined

To assess Peirson’s milk-vetch

population levels, aid in recovery 

of the species, and assess overall 

ecosystem health

Algodones Dunes sunflower; 

Wiggins’ croton; Other special 

status species monitoring

As funding and staffing levels 

allow Areas to be determined

To assess Algodones Dunes 

sunflower, Wiggins’ croton, and 

other special status plant 

populations and overall ecosystem 

health

Invertebrate monitoring As funding and staffing levels 

allow Areas to be determined

To assess invertebrate 

populations and overall ecosystem 

health

Mojave population of desert 

tortoise monitoring

As funding and staffing levels 

allow (individual sightings to be 

recorded)

Areas to be determined

To assess desert tortoise 

population levels and overall 

ecosystem health

Wildlife guzzler monitoring Each year Each documented wildlife guzzler 

within the Planning Area boundary

To assess proper functioning

condition of the wildlife guzzler 

and monitor wildlife use

Microphyll woodlands migratory 

bird monitoring Each spring and fall Microphyll woodlands To assess bird populations and overall ecosystem health

Tamarisk removal/monitoring Each year Each documented infestation site

To boost overall ecosystem health 

and eradicate an invasive species; 

to improve wildlife habitat
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TABLE D-1

MONITORING PLAN FOR IMPERIAL SAND DUNES RAMP/CDCA PLAN AMENDMENT

Type of Monitoring How Often? Where Will it Take Place? Purpose?

Wilderness monitoring Each year Each wilderness boundary in the 

Planning Area

To monitor activity in and around 

the wilderness, and ensure 

wilderness objectives are being 

met 

Law enforcement 

patrols/monitoring Year-round All BLM lands in the Planning 

Area

To monitor legal and illegal activity 

occurring in the Planning Area, 

stop illegal activity, and promote 

resource protection

Vehicle counters Year-round

Gecko Road, Glamis Flats, 

Osborne Overlook, Wash Road, 

Buttercup, Dunebuggy Flats, and 

Ogilby access road

To monitor visitor use patterns at 

various sites in the Planning Area

Campground monitoring During fall/winter/spring high 

season use

Buttercup, Gray’s Well, Keyhole, 

Midway, Gecko, Roadrunner, and 

Dunebuggy Flats campgrounds

To monitor visitor use patterns at 

developed and primitive 

campgrounds in the Planning Area

Cultural resources monitoring Year-round All BLM lands in the Planning 

Area

To monitor cultural sites for visitor 

use and vandalism/theft

Closure boundary monitoring Year-round Peirson’s milk-vetch closure 

boundaries

To monitor for incursions into the 

Peirson’s milk-vetch critical habitat 

closure

Rainfall monitoring Year-round

Remote area weather stations 

located at Buttercup and Cahuilla 

Ranger stations

To monitor rainfall amounts for 

effects on special status plant and 

animal species.

Track cover density monitoring Every 3–5 years, dependent on 

conditions Throughout the Planning Area To monitor visitor use patterns
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Special Status Species

This appendix provides the methodology that would be used to monitor special status 

species and habitats of concern in the Planning Area, as well as visitor use patterns. 

Through research, monitoring, and analysis of the monitoring data, BLM would 

determine visitor use patterns and impacts to species and habitats of concern due to 

various land uses in the Planning Area, and use this information to make management 

changes, if necessary.

BLM would coordinate with the USFWS or other agencies to develop and implement the 

most up-to-date scientific approaches to monitor species.

A Colorado Desert Fringe-toed Lizard

In the past, BLM has completed survey transects during spring and fall to estimate the 

density of Colorado Desert fringe-toed lizards (Uma notata) in a comparison of open and 

closed areas in terms of OHV recreation.

BLM anticipates monitoring for fringe-toed lizards on an as-needed basis. Monitoring 

may include transects and/or study plots, or another protocol to be developed, 

depending on best scientific methods.

B Flat-tailed Horned Lizard

Data from years past appear to indicate that the flat-tailed horned lizard is less abundant 

in the dunes than in surrounding areas. The density and cryptic nature of flat-tailed 

horned lizard make full-scale monitoring ineffective in the Planning Area.

The BLM became a signatory to the Flat-tailed Horned Lizard Range-wide Management 

Strategy in 2003. In that document, flat-tailed horned lizard management areas were 

designated in the El Centro Resource Area on the East Mesa, West Mesa, and Yuha 

Desert. BLM does not anticipate monitoring for flat-tailed horned lizard in the ISD SRMA, 

but would monitor west of the ISD SRMA, in the East Mesa management area, as 

funding and staffing levels allow. All sightings in the Planning Area would be reported to 

the wildlife biologist and dates and locations would be saved in a database as to better 

understand their range and habitat use.

C Mojave Population of Desert Tortoise

While desert tortoise are not known to occur regularly in the Planning Area, they are 

known to regularly occur (although at a very low density) in the area east of the Planning 

Area. Monitoring for the Mojave population of desert tortoise is anticipated to occur 

during or before each ground disturbing project that takes place in or adjacent to 

documented desert tortoise habitat in the Planning Area.
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BLM does not anticipate monitoring for desert tortoise in the Planning Area on an annual 

basis, but would monitor at the project level in order to prevent take of desert tortoises.

D Special Status Plant Monitoring and Management

The ISD supports numerous dune-endemic plants. Species whose distribution is 

restricted to the dunes or whose status indicates that special management is necessary 

to ensure the ongoing persistence of the species are of special interest. These species 

include:

• Peirson’s milk-vetch (Astragalus magdalenae var. peirsonii)—Federally Listed as 

Threatened 

• Algodones Dunes sunflower (Helianthus niveus spp. tephrodes)—State Rare

• Wiggins’ croton (Croton wigginsii)—State Rare

Peirson’s milk-vetch would receive the highest level of priority, since this species was

federally listed as threatened primarily due to threats posed by OHV activity. The 

monitoring and research pertaining to Peirson’s milk-vetch would provide information 

that may be useful in managing all target plant and animal species in the dunes.

D.1 Peirson’s Milk-vetch Monitoring

The frequency of full-scale monitoring would correspond to years in which adequate 

precipitation occurs between October and December. The rationale for reducing the 

frequency of monitoring to good-rainfall years (above a 1.82-inch threshold) is that the 

abundance of Peirson’s milk-vetch in any spring is highly correlated with the amount of 

rainfall in the growing season immediately preceding that spring (Willoughby 2001). 

Between wetter years, the Peirson’s milk-vetch population declines as plants die and are 

not replaced due to lack of germination. Monitoring during poor rainfall years could result 

in a lower encounter rate for Peirson’s milk-vetch plants that is not reflective of the 

species’ status. Monitoring during poor rainfall years could, however, provide information 

concerning the persistence of adult plants and the relative importance of these plants to 

seed bank contributions.

D.1.1 Sampling Methodology

The type/method of sampling Peirson’s milk-vetch would depend largely on the extent of 

the germination event that triggers it. In years where the monitoring threshold is not met, 

BLM does not expect to implement a full-scale monitoring effort. In these years, BLM 

would implement a smaller scale, less formal monitoring regime to get a feel for the 

conditions on the ground, the numbers of Peirson’s milk-vetch germinating, if any, and 

the areas where germination is occurring. The type of monitoring implemented each year 

would be based on precipitation levels, funding availability, and staffing availability. 
Appendix D

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Should there be a large amount of rainfall (much greater than the 1.82-inch monitoring 

threshold), and an extensive germination event occurs, it is possible that BLM would 

monitor for such information as Peirson’s milk-vetch density or seed bank estimates. 

This could be accomplished through monitoring of belt transects (long, narrow quadrats), 

which are accepted as the best way to monitor for a plant that is often found in clumps, 

as Peirson’s milk-vetch often is found, or other widely accepted sampling methods. 

Return trips to transects monitored in 2005, 2006, and 2007 could also provide valuable 

data and may also be employed. The numbers of transects and locations of transects 

would be determined each year that monitoring is implemented to ensure that the 

highest quality data is collected.

The following information may be collected for Peirson’s milk-vetch: 1) total number of 

individuals observed; 2) number of flowering individuals; 3) number of non-flowering 

individuals; 4) number of individuals older than 1 year (this can be determined by the 

presence of basal leaf/branch scars); 5) number of individuals with apparent physical 

damage from OHVs; and 6) number of individuals with damage from other sources (e.g., 

insects).

D.2 Other Special Status Plant Monitoring

Other special status plants in the Planning Area, including Algodones Dunes sunflower 

and Wiggin’s croton are of special interest because their distribution is largely restricted 

to the ISD, and because they are listed as rare by the CDFW.

BLM would monitor these species as funding and staffing levels allow.

Invertebrate Inventory/Monitoring

The Planning Area is home to several endemic invertebrates, and invertebrate inventory 

results from the 2008 and 2009 field season indicated that over 1,000 species of 

invertebrates occur in the Planning Area. 

The BLM would continue inventory/monitoring for invertebrates as funding and staffing 

levels allow.
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Precipitation Monitoring

Long-term weather stations in the region do not completely capture the actual growing

season precipitation occurring in the dunes. These weather stations are some distance 

from the Planning Area, the seasonal precipitation totals vary greatly between stations, 

and there is strong indication that precipitation varies considerably within the Planning 

Area during the same growing season (Willoughby 2000 and 2001). For these reasons, 

two remote area weather stations (RAWS) were set up in the Planning Area in fall 2000, 

one at the Cahuilla Ranger Station in the northwest part of the Planning Area and one at 

Buttercup Campground in the southern part of the Planning Area. These stations began 

collecting weather data on November 16, 2000. It is not uncommon for the Cahuilla 

Ranger Station RAWS to collect differing amounts of rainfall than the Buttercup Ranger 

Station RAWS. Because of this variability and the importance of precipitation in 

controlling the abundance of special status plants, the Colorado Desert fringe-toed 

lizard, and the flat-tailed horned lizard, more weather stations are necessary to enable 

good interpretation of the monitoring data collected.

Recreation Monitoring

OHV recreation levels and identification of high density areas would be estimated by 

means of several methods: vehicle counters, visitor surveys, and aerial photography.

There are currently seven vehicle counters placed throughout the Planning Area at 

Gecko Road, Glamis Flats, Osborne Overlook, Wash Road, Buttercup, Dunebuggy 

Flats, and Ogilby. The vehicle counters are used to estimate visitation levels at 

campgrounds throughout the Planning Area. The BLM would continue to monitor each 

vehicle counter. Counters would be monitored more often during the high use season 

(October through April), and less often during the summer months when visitation slows 

dramatically.

The BLM, along with other management partners, routinely engage ISD visitors through 

visitor surveys to ascertain patterns, preferences, and demographics, and also routinely 

perform fee compliance checks in campgrounds throughout the SRMA. These 

monitoring efforts are used to ascertain visitation levels, and to monitor fee compliance 

throughout the SRMA. The BLM would continue to conduct demographic studies to 

obtain data on the willingness-to-pay and actual expenditure data by OHV recreation 

visitors under different management regimes. These elements respond to the need to 

account for the economic impact of OHV recreation visitors on local and regional 

communities.

BLM law enforcement and recreation staffs routinely patrol the Planning Area, most 

often during the high use season. Law enforcement and recreation staffs monitor closure 
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boundaries for compliance, and law enforcement rangers issue citations to violators. 

BLM staff would continue to monitor closure boundaries for compliance.

In past years, BLM has also obtained aerial photos to use as a tool to monitor visitor use 

patterns. Air photo transects were established in 1998 throughout the Planning Area to 

obtain a sample of the distribution and intensity of OHV recreation through the 

measurement of vehicle tracks. Because of the ephemeral nature of vehicle tracks in 

sand, it is necessary to take the photographs during a weekend of relatively high vehicle 

use. Aerial photographs would be sampled by means of a grid of points to estimate the 

cover of vehicle tracks. The size of the grid and number of points per transect would be 

determined based on the sampling objectives. OHV recreation data would be used to 

make inferences concerning the effects of different levels of OHV recreation on 

particular species. The photographic information collected would be used to assess 

changes in OHV recreation levels and OHV recreation patterns.

A Comparative Evaluation between Peirson’s Milkvetch and OHV Recreation Surveys

In the past, BLM has compared Peirson’s milk-vetch abundance to OHV recreation 

surveys through the use of both Peirson’s milk-vetch density surveys and aerial 

photography-aided OHV recreation surveys.

As described in the Peirson’s milk-vetch monitoring section, belt transects have been 

established. These transects would subsequently be identified on aerial photographs 

developed for OHV monitoring. Peirson’s milk-vetch abundance would be compared to 

OHV recreation levels. The correlative studies described above allow inferences to be 

made regarding effects of OHVs on Peirson’s milk-vetch.

Microphyll Woodland Migratory Bird Surveys

BLM has performed migratory bird point counts in the microphyll woodland habitats on 

the east side of the Planning Area for several years. Over 100 species have been 

identified during these surveys, and have served as a good indicator of overall 

ecosystem health. 

The BLM would continue monitoring bird populations in the microphyll woodlands as 

funding and staffing levels allow. Monitoring would be conducted in accordance with 

variable circular plot protocols.
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Wildlife Guzzler Monitoring

There are six wildlife guzzlers in the Planning Area, with plans for installation of 

additional wildlife guzzlers in the future. BLM staff regularly visits these wildlife guzzlers 

to assess proper functioning condition and to monitor wildlife use.

BLM would continue to monitor these wildlife guzzlers as funding and staffing levels 

allow.

Invasive Species Monitoring

Due to the rapid spread of certain invasive species, it has become necessary in recent 

years to monitor for infestations in the Planning Area. The two most common invasive 

species in the planning area are tamarisk or salt cedar (Tamarix spp.) and Sahara 

mustard (Brassica tournefortii).

BLM would continue to monitor for invasive species throughout the planning area, and 

perform removal/treatment of these species as funding and staffing levels allow, with a 

priority on removal from the North Algodones Dunes Wilderness.

Wilderness Monitoring

BLM would continue to monitor recreational activity in the North Algodones Dunes 

Wilderness, as well as monitor the wilderness boundary for incursions.

Law Enforcement Patrol/Monitoring

BLM would continue to patrol and monitor all areas of the Planning Area as part of law 

enforcement ranger duties. Special emphasis may be put on high use visitor areas, as 

well as closure boundaries (wilderness boundary, Peirson’s milk-vetch critical habitat 

boundary) to enforce said closure boundaries to the best of BLM’s ability.

Cultural Resources Monitoring

The BLM currently requires all ground-disturbing activities in the Planning Area to 

undergo a cultural resource survey before any ground disturbance may take place. BLM 

would continue this policy to avoid disturbance to cultural resources whenever possible.

In addition, periodic monitoring of cultural resources within the Planning Area, especially 

those in high use areas, would continue as part of the cultural resource program.
APPENDIX E
THIS PAGE IS INTENTIONALLY BLANK.
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Typical Management Actions and Best 

Management Practices

Vegetation Treatments (Including Fire Management 

Activities)

The following chemical, mechanical, manual, biological, and fire treatment methods 

would be used to achieve vegetation management objectives in the Planning Area.

A. Chemical

BLM would use EPA-approved herbicides in accordance with the Environmental 

Protection Agency’s Endangered Species Pesticide Program covered in the BLM’s 

Vegetation Treatment Using Herbicides on BLM Lands in Seventeen Western States 

Draft Programmatic EIS (BLM 2007a). These herbicides are: Atrazine; Bromacil; 

Bromacil + Diuron; 2,4-D, 2,4-DP,Dicamba; Dicamba +2,4_D; Diruon; Glyphosate; 

Glyphosate + 2,4-D; Hexazinone; Fosamine, Imazapyr; Picloram; Picloram + 2,4-D; 

Simazine; Tebuthiuron; and Triclopyr.

Buffer zones would be used adjacent to dwellings, domestic water sources, agricultural

land, streams, lakes and ponds. A minimum buffer zone of 100 feet would be provided 

for aerial application, 25 feet for vehicle application, and 10 feet for hand application. 

Any deviations must be in accordance with the label for the herbicide. Herbicides would 

be manually applied on individual plants within 10 feet of water where application is 

critical. The buffer zones described above would provide additional protection to listed, 

proposed, and candidate species. 

BLM would work closely with the USFWS to ensure that herbicide applications would not 

affect listed or proposed, threatened, and endangered species on a project-level basis. If 

adverse effects are anticipated during informal consultation, BLM would formally consult 

on these projects. If USFWS develops herbicide guidance for particular species that 

improves protection beyond the current BLM design features, BLM would consider and 

incorporate that guidance as it consults with USFWS on a project-level basis. 

The chemicals can be applied by many different methods, and the selected technique 

depends on a number of variables. Some of these are: 1) the treatment objective 

(removal or reduction); 2) the accessibility, topography, and size of the treatment area; 

3) the characteristics of the target species and the desired vegetation; 4) the location of 

sensitive areas in the immediate vicinity (potential environmental impacts); 5) the 

anticipated costs and equipment limitations; and 6) the meteorological and vegetative 

conditions of the treatment area at the time of treatment. Herbicide applications would be 
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timed to have the least impact on non-target plants and animals consistent with the 

objectives of the vegetation management program.

The chemicals would be applied aerially with helicopters or fixed-wing aircraft, or on the 

ground using vehicles or manual application devices. Helicopters are more expensive to 

use than fixed-wing aircraft, but they are more maneuverable and effective in areas with 

irregular terrain and in treating specific target vegetation in areas with many vegetation 

types. Manual applications are used only for treating small areas or those inaccessible 

by vehicle. 

Rates of herbicide application would depend on the target species, other vegetation 

present, soil type, depth of the ground water table, and presence of water sources. 

When target species occur in riparian areas, the application rate would be reduced to 

minimize injury to non-target species.

During aerial applications, nozzles to reduce drift would be used for all liquid 

applications. Liquid herbicides would not be applied when wind speed exceeds 5 miles 

per hour, and granular herbicides would not be applied when wind speed exceeds 10 

miles per hour. Herbicides would not be applied when conditions stated on the herbicide 

label cannot be met and when air turbulence significantly affects the desired spray 

pattern. Buffer zones to protect water resources would be provided according to 

guidance mentioned above in this appendix.

Vehicle-mounted sprayer (hand gun or boom) applications would be mainly used in open 

areas that are readily accessible by vehicle. The boom would be used only where 

feasible to treat concentrated weed infestations. The hand gun would be used for spot 

treatment of weeds and only up to the high water line near water bodies. Neither hand 

guns nor booms would be used in riparian areas where weeds are closely intermingled 

with native shrubs and trees. Under both hand gun and boom methods, sprays would be 

applied in a manner that gives the best possible coverage with the least amount of drift, 

and only when wind velocity is below 8 miles per hour, except in riparian areas where 

treatment would be applied only at wind speeds below 5 miles per hour. Boom sprayers 

would not be used within 25 feet of water bodies.

Hand applications could involve backpack spraying, hand wiping application, and 

cyclone broadcast spreading (granular formulations). Backpack sprayers are operated at 

low pressure and low volume and release herbicide through a single nozzle held from 

0.5 to 2.5 feet above the ground when wind velocities do not exceed 8 miles per hour. 

Near water, wind velocities cannot exceed 5 miles per hour. Contact systemic 

herbicides, such as glyphosate, wiped on individual plants, would be used up to the 

existing high water line. Granular formulations would be applied through broadcast 

spreaders at about 3.5 feet above the ground and no closer than 10 feet from the high 

water line of streams and other water bodies.
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Herbicide applications are scheduled and designed to minimize potential impacts on 

non-target plants and animals, while remaining consistent with the objective of the 

vegetation treatment program. The rates of application depend on the target species, 

presence, and condition of non-target vegetation, soil type, depth to the water table, 

presence of other water sources, and the requirements of the label.

In many circumstances, the herbicide chosen, time of treatment, and rate of application 

of the herbicide are different than the most ideal herbicide application for maximum 

control of the target plant species in order to minimize damage to the non-target plant 

species and to ensure minimum risk to human health and safety.

B. Mechanical

Mechanical methods of vegetation treatment employ several different types of 

equipment to suppress, inhibit, or control herbaceous and woody vegetation (Vallentine 

1980). The goal of mechanical treatments is to kill or reduce the cover of undesirable 

vegetation and thus encourage the growth of desirable plants. BLM uses wheel tractors, 

crawler-type tractors, mowers, or specially designed vehicles with attached implements 

for mechanical vegetation treatments. The use of mechanical equipment to reduce fuel 

hazards would be conducted in accordance with BLM-established procedures. Reseeding after a mechanical treatment has been applied is important to help ensure that 

desirable plants would become established on the site and not invasive species. The 

mechanical treatment and re-seeding should occur at a time to best control the 

undesirable vegetation and encourage the establishment of desirable vegetation. The 

best mechanical method for treating undesired plants in a particular location depends on 

the following factors:

• Characteristics of the undesired species present such as plant density, stem size, 

woodiness, brittleness, and re-sprouting ability

• Need for seedbed preparation, re-vegetation, and improved water infiltration rates

• Topography and terrain

• Soil characteristics such as type, depth, amount and size of rocks, erosion potential, 

and susceptibility to compaction

• Climatic and seasonal conditions

• Potential cost of improvement as compared to expected results

Bulldozing is conducted with a wheeled or crawler tractor with a heavy hydraulic 

controlled blade. Vegetation is pushed over and uprooted, and then left in windrows or 

piles. Bulldozing is best adapted to removing scattered stands of large brushes or trees. 

There are several different kinds of blades available depending on the type of vegetation 
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and goals of the project. The disadvantage of bulldozing is soil disturbance and damage 

to non-target plant species. 

C. Manual

Hand-operated power tools and hand tools are used in manual vegetation treatment to 

cut, clear, or prune herbaceous and woody species. In manual treatments, workers 

would cut plants above ground level; pull, grub, or dig out plant root systems to prevent 

subsequent sprouting and re-growth; scalp at ground level or remove competing plants 

around desired vegetation; or place mulch around desired vegetation to limit the growth 

of competing vegetation. Hand tools such as the handsaw, axe, shovel, rake, machete, 

grubbing hoe, mattock (combination of axe and grubbing hoe), brush hook, and hand 

clippers are used in manual treatments. Axes, shovels, grubbing hoes, and mattocks can 

dig up and cut below the surface to remove the main root of plants such as prickly pear 

and mesquite that have roots that can quickly resprout in response to surface cutting or 

clearing. Workers also may use power tools such as chain saws and power brush saws.

Manual methods are highly labor intensive, requiring periodic retreatment, ranging from 

every three weeks during the growing season to annually, depending on the target 

species. These methods have been successful in controlling annuals and biennials, but 

are ineffective in controlling creeping perennials. 

D. Cultural Resources 

Should cultural and/or paleontological resources be encountered during project grounddisturbing activities, work will cease in the area of the discovery, and the BLM cultural 

resource specialist will be notified immediately. Work may not resume until written 

authorization to proceed is issued by the BLM cultural resource specialist.

The management of cultural resources on BLM land must be in compliance with several 

federal laws, including the Antiquities Act of 1906; the National Historic Preservation Act

of 1966, as amended; the NEPA of 1969; Executive Order 11593, “Protection and 

Enhancement of the Cultural Environment,” the FLPMA of 1976; the American Indian 

Religious Freedom Act of 1978; the Archaeological Resources Protection Act of 1979; 

the Native American Graves Protection and Repatriation Act of 1990; Executive Order

13007, “Indian Sacred Sites,” and Executive Order 13287, “Preserve America.” In 

addition, the BLM manages its cultural resources according to BLM Manual 8100, “The 

Foundation for Managing Cultural Resources,” Manual 8110, “Identifying and Evaluating 

Cultural Resources,” and Manual 8140, “Protecting Cultural Resources.” These laws and 

regulations direct BLM to:

• Restrict public information about the locations of sites that are not allocated to public 

use, as allowed by law and regulation.
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• Ensure that all proposed undertakings and authorizations are reviewed and 

conducted in compliance with applicable federal laws including Section 106 of the 

National Historic Preservation Act.

• Complete consultations with the California SHPO prior to project implementation, as 

necessary.

• Ensure that information on Native American religious and cultural issues receives 

good faith consideration during decision making and that government-to-government 

consultation procedures are carried out as appropriate for each proposed action.

E. Paleontological Resources 

If vertebrate paleontological resources and scientifically significant invertebrate and plant 

fossil resources are discovered, the user/operator shall suspend all operations that 

further disturb such materials and immediately contact the authorized officer. 

User/operators shall not resume until written authorization to proceed is issued by the 

authorized officer. The authorized officer would evaluate the discovery and inform the 

operator of actions that would be necessary to prevent loss of significant scientific 

values. The user/operator shall be responsible for the cost of any mitigation required by 

the authorized officer. Upon verification from the authorized officer that the required 

mitigation has been completed, the operator shall be allowed to resume operations.

F. Special Designation Areas

Guidelines and operating procedures for all management activities in wilderness are 

provided in BLM Manual 8560, Management of Designated Wilderness Areas, and in 

wilderness management plans, where completed for specific wilderness areas. 

ACECs are established through the land use planning process. The desired conditions 

and management prescriptions for these special areas would be considered in 

implementing management activities.

Wildland Fire Management 

A. Appropriate Management Response

The appropriate management response concept represents a range of available 

management responses to wildland fires. Responses range from full fire suppression to 

managing fires for resource benefits (fire use). Management responses applied to a fire 

would be identified in the fire management plans and would be based on objectives 

derived from the land use allocations; relative risk to resources, the public and fire 

fighters; potential complexity; and the ability to defend management boundaries. Any 

wildland fire can be aggressively suppressed, and any fire that occurs in an area 
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designated for fire use can be managed for resource benefits if it meets the prescribed 

criteria from an approved fire management plan. 

B. Fire Suppression Actions

Suppression tactics would be utilized that limit damage or disturbance to the habitat and 

landscape. No heavy equipment would be used (such as dozers), unless approved by 

the Field Office Manager.

Use of fire retardants or chemicals adjacent to waterways would be accomplished in 

accordance with the Environmental Guidelines for Delivery of Retardant or Foam Near 

Waterways: Interagency Standards for Fire and Aviation Operations (National 

Interagency Fire Center 2009).

The general and species-specific Conservation Measures would be implemented to the 

extent possible to minimize adverse effects to federally listed, proposed, or candidate 

species occurring within the action area.

For fire suppression activities in Peirson’s milk-vetch critical habitat, a protocol for 

consultation would be developed as a part of the biological opinion. This programmatic 

consultation would contain conservation measures and prescriptions for use in fire 

suppression activities. Emergency consultation should only be needed in the future, if 

suppression actions fall outside of these prescriptions/measures. The biological opinion

would outline coordination needs for emergency response actions that may affect a 

listed/proposed species and/or critical habitat. The following protocol would apply: BLM 

would contact the appropriate USFWS biologist as soon as practical once a wildfire 

starts and a determination is made that a federally protected species and/or its habitat 

could be affected by the fire and/or fire suppression activities. USFWS would work with 

BLM during the emergency response to apply the appropriate conservation measures. 

When conservation measures cannot be applied during the suppression activities, BLM 

would, after the fact, need to consult on any suppression actions that may have affected 

the federally protected species or its habitat. If conservation measures are adhered to, 

BLM would report on the actions taken and effects to the species and its habitat 

following the fire, but no further consultation on that incident would be required.

In wilderness, minimum impact suppression tactics would be applied and coordinated 

with wilderness management objectives and guidelines when fire suppression actions 

are required (National Interagency Fire Center 2009).

C. Cultural Resources 

All known cultural resources would be protected from disturbance to the extent possible.
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Should cultural resources be encountered during wildland fire suppression, the BLM 

cultural resource specialist will be notified immediately. Work may not resume until 

written authorization to proceed is issued by the BLM cultural resource specialist.

D. Paleontological Resources 

If vertebrate paleontological resources and scientifically significant invertebrate and plant 

fossil resources are discovered, during wildland fire suppression, the BLM or appropriate 

resource advisor will be notified as soon as possible. 

Discretionary Construction Activities 

The following measures would reduce fugitive dust impacts:

1. All unpaved construction areas shall be sprinkled with water or other acceptable 

ICAPCD dust control agents during dust-generating activities to reduce dust 

emissions. Additional watering or acceptable ICAPCD dust control agents shall be 

applied during dry weather or windy days until dust emissions are not visible.

2. Trucks hauling dirt and debris shall be covered to reduce windblown dust and spills.

3. On dry days, dirt or debris spilled onto paved surfaces shall be swept up immediately 

to reduce resuspension of particulate matter caused by vehicle movement. Approach 

routes to construction sites shall be cleaned daily of construction-related dirt in dry 

weather.

4. On-site stockpiles of excavated material shall be covered or watered.

5. Automatic water or mist or sprinkler system should be installed in areas of rock 

crushing and conveyor belt systems.

6. Use low pollutant-emitting construction equipment.

7. Equip construction equipment with prechamber diesel engines (or equivalent) 

together with proper maintenance and operation to reduce emissions of nitrogen 

oxide, to the extent available and feasible.

8. Use electrical construction equipment, to the extent feasible.

A. Cultural Resources

All known cultural resources would be protected from disturbance.

Should cultural resources be encountered during project ground-disturbing activities, 

work will cease in the area of the discovery, and the BLM cultural resource specialist will 
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be notified immediately. Work may not resume until written authorization to proceed is 

issued by the BLM cultural resource specialist.

The management of cultural resources on BLM land must be in compliance with several 

federal laws, including the Antiquities Act of 1906; the National Historic Preservation Act

of 1966, as amended; the NEPA of 1969; Executive Order 11593, “Protection and 

Enhancement of the Cultural Environment,” the Federal Land Policy and Management 

Act of 1976; the American Indian Religious Freedom Act of 1978; the Archaeological 

Resources Protection Act of 1979; the Native American Graves Protection and 

Repatriation Act of 1990; Executive Order 13007, “Indian Sacred Sites,” and Executive 

Order 13287, “Preserve America.” In addition, the BLM manages its cultural resources 

according to BLM Manual 8100 through 8170, and in accordance with the statewide 

protocol from the California SHPO and other guidelines from the SHPO. These laws and 

regulations direct BLM to:

• Restrict public information about the locations of sites that are not allocated to public 

use, as allowed by law and regulation.

• Ensure that all proposed undertakings and authorizations are reviewed and 

conducted in compliance with applicable federal laws including Section 106 of the 

National Historic Preservation Act.

• Complete consultations with the California SHPO prior to project implementation, as 

necessary.

• Ensure that information on Native American religious and cultural issues receives 

good faith consideration during decision making and that government-to-government 

consultation procedures are carried out as appropriate for each proposed action.

B. Paleontological Resources

If vertebrate paleontological resources and scientifically significant invertebrate and plant 

fossil resources are discovered, the user/operator shall suspend all operations that 

further disturb such materials and immediately contact the authorized officer. 

User/operators shall not resume until written authorization to proceed is issued by the 

authorized officer. The authorized officer would evaluate the discovery and inform the 

operator of actions that would be necessary to prevent loss of significant scientific 

values. The user/operator shall be responsible for the cost of any mitigation required by 

the authorized officer. Upon verification from the authorized officer that the required 

mitigation has been completed, the operator shall be allowed to resume operations.
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C. Special Designation Areas

Guidelines and operating procedures for all management activities in wilderness are 

provided in BLM Manual 8560—Management of Designated Wilderness Areas and in 

wilderness management plans, where completed for specific wilderness areas. 

ACECs are established through the land use planning process. The desired conditions 

and management prescriptions for these special areas would be considered in 

implementing management activities.

D. Visual Resources

There are numerous design techniques for Visual Resources that can be used to reduce 

the visual impacts from surface-disturbing projects. These techniques should be used in 

conjunction with BLM’s visual resource contrast rating process wherein both the existing 

landscape and the proposed development or activity are analyzed for their basic 

elements of form, line, color, and texture. Design techniques are discussed in the BLM 

VRM Manual (MS 8400) in terms of fundamentals and strategies. The fundamentals and 

strategies are all interrelated, and when used together, can help resolve visual impacts 

from proposed activities or developments. Guidance and best management practices for 

visual resources include the Visual Contrast Rating Handbook H-8431-1, the 

Programmatic EIS for Wind Energy Development (ROD signed in December 2005), 

PEIS for Geothermal Energy Development (ROD signed in December 2008), West-wide 

Corridor Programmatic EIS (November 2008), the Final PEIS for Solar Energy 

Development in Six Southwestern States (July 2012), and the BLM VRM website (http://

www.blm.gov/vrm).

Design fundamentals are general design principles that can be used for all forms of 

activity or development, regardless of the resource value being addressed. Applying 

these three fundamentals will help solve most visual design problems:

• Proper siting or location

• Reducing unnecessary disturbance

• Repeating the elements of form, line, color, and texture

Design strategies are more specific activities that can be applied to address visual 

design problems. Not all of these strategies will be applicable to every proposed project 

or activity:

• Color selection

• Earthwork
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• Vegetative manipulation

• Structures

• Reclamation/restoration

• Linear alignment design considerations

Wildlife Habitat Activities

A. Typical Habitat Improvements

Following is a discussion of typical design features, construction practices, and 

implementation procedures for habitat improvements that could be constructed following 

approval of the RAMP/ROD. The extent, location, and timing of such actions would be 

based on specific management objectives adopted through the evaluation process, 

interdisciplinary development and analysis of proposed actions, and funding. 

Wildlife Waters and Reservoirs: Water developments would include design features to 

ensure safety and accessibility to water by desirable wildlife. These features will include 

ramps to allow wildlife to escape, should they become trapped. 

Vending 

• Vending would continue to be permitted seven days a week at long-term vending 

areas. 

• Vending would be permitted from October 1 through May 31 from noon Thursday 

through noon Monday at the short-term vending areas. All vending materials, 

supplies, and related vending material would be required to be physically removed 

from the Planning Area from Monday at noon to Thursday at noon.

• Vending would be expanded to include seven days a week vending from noon on 

December 25 through noon on the Monday following January 1.

• Vending would be expanded to include the seven days prior to Easter.

• Vending would be allowed on all observed federal holidays. 

• Vending would be allowed from noon the Thursday before Thanksgiving to noon the 

Monday following Thanksgiving.

• Non-recreational commercial activities (such as filming) would not be routinely 

allowed during the high use holiday periods.
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Wind Energy

The best management practices for wind energy are adopted from the Implementation of 

a Wind Energy Development Program and Associated Land Use Plan Amendments 

ROD (December 2005). These best management practices are as follows:

A. Best Management Practices 

The best management practices will be adopted as required elements of project-specific 

plans of development and/or as right-of-way authorization stipulations. They are 

categorized by development activity: site monitoring and testing, development of the 

plans of development, construction, operation, and decommissioning. The best 

management practices for development of the plans of development identify required 

elements of the plans of development needed to address potential impacts associated 

with subsequent phases of development. 

A.1 Site Monitoring and Testing 

• The area disturbed by installation of meteorological towers (i.e., footprint) shall be 

kept to a minimum. 

• Existing roads shall be used to the maximum extent feasible. If new roads are 

necessary, they shall be designed and constructed to the appropriate standard. 

• Meteorological towers shall not be located in sensitive habitats or in areas where 

ecological resources known to be sensitive to human activities (e.g., prairie grouse) 

are present. Installation of towers shall be scheduled to avoid disruption of wildlife 

reproductive activities or other important behaviors. 

• Meteorological towers installed for site monitoring and testing shall be inspected 

periodically for structural integrity. 

A.2 Plan of Development Preparation

A.2.1 General

• The BLM and operators shall contact appropriate agencies, property owners, and 

other stakeholders early in the planning process to identify potentially sensitive land 

uses and issues, rules that govern wind energy development locally, and land use 

concerns specific to the region. 

• Available information describing the environmental and sociocultural conditions in the 

vicinity of the proposed project shall be collected and reviewed as needed to predict 

potential impacts of the project. 
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• The Federal Aviation Administration-required notice of proposed construction shall 

be made as early as possible to identify any air safety measures that would be 

required. 

• To plan for efficient use of the land, necessary infrastructure requirements shall be 

consolidated wherever possible, and current transmission and market access shall 

be evaluated carefully. 

• The project shall be planned to utilize existing roads and utility corridors to the 

maximum extent feasible, and to minimize the number and length/size of new roads, 

lay-down areas, and borrow areas. 

• A monitoring program shall be developed to ensure that environmental conditions 

are monitored during the construction, operation, and adaptive management 

strategies, shall be established at the project level to ensure that potential adverse 

impacts of wind energy development are mitigated. The monitoring program shall 

identify the monitoring requirements for each environmental resource present at the 

site, establish metrics against which monitoring observations can be measured, 

identify potential mitigation measures, and establish protocols for incorporating 

monitoring observations and additional mitigation measures into standard operating 

procedures and best management practices. 

• “Good housekeeping” procedures shall be developed to ensure that during operation 

the site will be kept clean of debris, garbage, fugitive trash or waste, and graffiti; to 

prohibit scrap heaps and dumps; and to minimize storage yards. 

A.2.2 Wildlife and Other Ecological Resources 

• Operators shall review existing information on species and habitats in the vicinity of 

the project area to identify potential concerns. 

• Operators shall conduct surveys for federal and/or state-protected species and other 

species of concern (including special status plant and animal species) within the 

project area and design the project to avoid (if possible), minimize, or mitigate 

impacts to these resources. 

• Operators shall identify important, sensitive, or unique habitats in the vicinity of the 

project and design the project to avoid (if possible), minimize, or mitigate impacts to 

these habitats (e.g., locate the turbines, roads, and ancillary facilities in the least 

environmentally sensitive areas; i.e., away from riparian habitats, streams, wetlands, 

drainages, or critical wildlife habitats). 

• The BLM will prohibit the disturbance of any population of federally listed plant 

species. 
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• Operators shall evaluate avian and bat use of the project area and design the project 

to minimize or mitigate the potential for bird and bat strikes (e.g., development shall 

not occur in riparian habitats and wetlands). Scientifically rigorous avian and bat use 

surveys shall be conducted; the amount and extent of ecological baseline data 

required shall be determined on a project basis. 

• Turbines shall be configured to avoid landscape features known to attract raptors, if 

site studies show that placing turbines there would pose a significant risk to raptors. 

• Operators shall determine the presence of bat colonies and avoid placing turbines 

near known bat hibernation, breeding, and maternity/nursery colonies; in known 

migration corridors; or in known flight paths between colonies and feeding areas. 

• Operators shall determine the presence of active raptor nests (i.e., raptor nests used 

during the breeding season). Measures to reduce raptor use at a project site (e.g., 

minimize road cuts, maintain either no vegetation or nonattractive plant species 

around the turbines) shall be considered. 

• A habitat restoration plan shall be developed to avoid (if possible), minimize, or 

mitigate negative impacts on vulnerable wildlife while maintaining or enhancing 

habitat values for other species. The plan shall identify revegetation, soil 

stabilization, and erosion reduction measures that shall be implemented to ensure 

that all temporary use areas are restored. The plan shall require that restoration 

occur as soon as possible after completion of activities to reduce the amount of 

habitat converted at any one time and to speed up the recovery to natural habitats. 

• Procedures shall be developed to mitigate potential impacts to special status 

species. Such measures could include avoidance, relocation of project facilities or 

lay-down areas, and/or relocation of biota. 

• Facilities shall be designed to discourage their use as perching or nesting substrates 

by birds. For example, power lines and poles shall be configured to minimize raptor 

electrocutions and discourage raptor and raven nesting and perching. 

A.2.3 Visual Resources 

• The public shall be involved and informed about the visual site design elements of 

the proposed wind energy facilities. Possible approaches include conducting public 

forums for disseminating information, offering organized tours of operating wind 

developments, and using computer simulation and visualization techniques in public 

presentations. 

• Turbine arrays and turbine design shall be integrated with the surrounding 

landscape. Design elements to be addressed include visual uniformity, use of tubular 
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towers, proportion and color of turbines, nonreflective paints, and prohibition of 

commercial messages on turbines. 

• Other site design elements shall be integrated with the surrounding landscape. 

Elements to address include minimizing the profile of the ancillary structures, burial 

of cables, prohibition of commercial symbols, and lighting. Regarding lighting, efforts 

shall be made to minimize the need for and amount of lighting on ancillary structures. 

A.2.4 Roads 

An access road siting and management plan shall be prepared incorporating existing 

BLM standards regarding road design, construction, and maintenance such as those 

described in the BLM 9113 Manual (BLM 1985) and the Surface Operating 

Standards for Oil and Gas Exploration and Development (U.S. Department of the 

Interior and U.S. Department of Agriculture 2007; i.e., the Gold Book). 

A.2.5 Ground Transportation 

• A transportation plan shall be developed, particularly for the transport of turbine 

components, main assembly cranes, and other large pieces of equipment. The plan 

shall consider specific object sizes, weights, origin, destination, and unique handling 

requirements and shall evaluate alternative transportation approaches. In addition, 

the process to be used to comply with unique state requirements and to obtain all 

necessary permits shall be clearly identified. 

• A traffic management plan shall be prepared for the site access roads to ensure that 

no hazards would result from the increased truck traffic and that traffic flow would not 

be adversely impacted. This plan shall incorporate measures such as informational 

signs, flaggers when equipment may result in blocked throughways, and traffic cones 

to identify any necessary changes in temporary lane configuration. 

A.2.6 Noise 

Proponents of a wind energy development project shall take measurements to 

assess the existing background noise levels at a given site and compare them with 

the anticipated noise levels associated with the proposed project. 

A.2.7 Noxious Weeds and Pesticides 

• Operators shall develop a plan for control of noxious weeds and invasive species, 

which could occur as a result of new surface disturbance activities at the site. The 

plan shall address monitoring, education of personnel on weed identification, the 

manner in which weeds spread, and methods for treating infestations. The use of 

certified weed-free mulching shall be required. If trucks and construction equipment 

are arriving from locations with known invasive vegetation problems, a controlled 
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inspection and cleaning area shall be established to visually inspect construction 

equipment arriving at the project area and to remove and collect seeds that may be 

adhering to tires and other equipment surfaces. 

• If pesticides are used on-site, an integrated pest management plan shall be 

developed to ensure that applications would be conducted within the framework of 

BLM and Department of the Interior policies and entail only the use of Environmental 

Protection Agency-registered pesticides. Pesticide use shall be limited to 

nonpersistent, immobile pesticides and shall only be applied in accordance with label 

and application permit directions and stipulations for terrestrial and aquatic 

applications. 

A.2.8 Cultural/Historic Resources 

• The BLM will consult with Indian tribal governments early in the planning process to 

identify issues regarding the proposed wind energy development, including issues 

related to the presence of cultural properties, access rights, disruption to traditional 

cultural practices, and impacts to visual resources important to the tribe(s). 

• The presence of archaeological sites and historic properties in the area of potential 

effect shall be determined on the basis of a records search of recorded sites and 

properties in the area and/or, depending on the extent and reliability of existing 

information, an archaeological survey. Archaeological sites and historic properties 

present in the area of potential effect shall be reviewed to determine whether they 

meet the criteria of eligibility for listing on the National Register of Historic Places. 

• When any right-of-way application includes remnants of a National Historic Trail, is 

located within the viewshed of a National Historic Trail’s designated centerline, or 

includes or is within the viewshed of a trail eligible for listing on the National Register 

of Historic Places, the operator shall evaluate the potential visual impacts to the trail 

associated with the proposed project and identify appropriate mitigation measures for 

inclusion as stipulations in the plan of development. 

• If cultural resources are present at the site, or if areas with a high potential to contain 

cultural material have been identified, a cultural resources management plan shall be 

developed. This plan shall address mitigation activities to be taken for cultural 

resources found at the site. Avoidance of the area is always the preferred mitigation 

option. Other mitigation options include archaeological survey and excavation (as 

warranted) and monitoring. If an area exhibits a high potential, but no artifacts were 

observed during an archaeological survey, monitoring by a qualified archaeologist 

could be required during all excavation and earthmoving in the high-potential area. A 

report shall be prepared documenting these activities. The cultural resources 

management plan also shall: 1) establish a monitoring program, 2) identify measures 

to prevent potential looting/vandalism or erosion impacts, and 3) address the 
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education of workers and the public to make them aware of the consequences of 

unauthorized collection of artifacts and destruction of property on public land. 

A.2.9 Paleontological Resources 

• Operators shall determine whether paleontological resources exist in a project area 

on the basis of the geologic context of the area, a records search for past 

paleontological finds in the area, and/or, depending on the extent of existing 

information, a paleontological survey. 

• If paleontological resources are present at the site, or if areas with a high potential to

contain paleontological material have been identified, a paleontological resources 

management plan shall be developed. This plan shall include a mitigation plan for 

collection of the fossils; mitigation could include avoidance, removal of fossils, or 

monitoring. If an area exhibits a high potential but no fossils were observed during 

survey, monitoring by a qualified paleontologist could be required during all 

excavation and earthmoving in the sensitive area. A report shall be prepared 

documenting these activities. The paleontological resources management plan also 

shall: 1) establish a monitoring program, 2) identify measures to prevent potential 

looting/vandalism or erosion impacts, and 3) address the education of workers and 

the public to make them aware of the consequences of unauthorized collection of 

fossils on public land. 

A.2.10 Hazardous Materials and Waste Management 

• Operators shall develop a hazardous materials management plan addressing 

storage, use, transportation, and disposal of each hazardous material anticipated to 

be used at the site. The plan shall identify all hazardous materials that would be 

used, stored, or transported at the site. It shall establish inspection procedures, 

storage requirements, storage quantity limits, inventory control, nonhazardous 

product substitutes, and disposition of excess materials. The plan shall also identify 

requirements for notices to federal and local emergency response authorities and 

include emergency response plans. 

• Operators shall develop a waste management plan identifying the waste streams 

that are expected to be generated at the site and addressing hazardous waste 

determination procedures, waste storage locations, waste-specific management and 

disposal requirements, inspection procedures, and waste minimization procedures. 

This plan shall address all solid and liquid wastes that may be generated at the site. 

• Operators shall develop a spill prevention and response plan identifying where 

hazardous materials and wastes are stored on-site, spill prevention measures to be 

implemented, training requirements, appropriate spill response actions for each 

material or waste, the locations of spill response kits on-site, a procedure for 
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ensuring that the spill response kits are adequately stocked at all times, and 

procedures for making timely notifications to authorities. 

A.2.11 Storm Water 

Operators shall develop a storm water management plan for the site to ensure 

compliance with applicable regulations and prevent off-site migration of 

contaminated storm water or increased soil erosion. 

A.2.12. Human Health and Safety 

• A safety assessment shall be conducted to describe potential safety issues and the 

means that would be taken to mitigate them, including issues such as site access, 

construction, safe work practices, security, heavy equipment transportation, traffic 

management, emergency procedures, and fire control. 

• A health and safety program shall be developed to protect both workers and the 

general public during construction, operation, and decommissioning of a wind energy 

project. Regarding occupational health and safety, the program shall identify all 

applicable federal and state occupational safety standards; establish safe work 

practices for each task (e.g., requirements for personal protective equipment and 

safety harnesses; Occupational Safety and Health Administration standard practices 

for safe use of explosives and blasting agents; and measures for reducing 

occupational electric and magnetic fields exposures); establish fire safety evacuation 

procedures; and define safety performance standards (e.g., electrical system

standards and lightning protection standards). The program shall include a training 

program to identify hazard training requirements for workers for each task and 

establish procedures for providing required training to all workers. Documentation of 

training and a mechanism for reporting serious accidents to appropriate agencies 

shall be established. 

• Regarding public health and safety, the health and safety program shall establish a 

safety zone or setback for wind turbine generators from residences and occupied 

buildings, roads, rights-of-way, and other public access areas that is sufficient to 

prevent accidents resulting from the operation of wind turbine generators. It shall 

identify requirements for temporary fencing around staging areas, storage yards, and 

excavations during construction or decommissioning activities. It shall also identify 

measures to be taken during the operation phase to limit public access to hazardous 

facilities (e.g., permanent fencing would be installed only around electrical 

substations, and turbine tower access doors would be locked). 

• Operators shall consult with local planning authorities regarding increased traffic 

during the construction phase, including an assessment of the number of vehicles 
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per day, their size, and type. Specific issues of concern (e.g., location of school bus 

routes and stops) shall be identified and addressed in the traffic management plan. 

• If operation of the wind turbines is expected to cause significant adverse impacts to 

nearby residences and occupied buildings from shadow flicker, low-frequency sound, 

or electric and magnetic fields, site-specific recommendations for addressing these 

concerns shall be incorporated into the project design (e.g., establishing a sufficient 

setback from turbines). 

• The project shall be planned to minimize electromagnetic interference (e.g., impacts 

to radar, microwave, television, and radio transmissions) and comply with Federal 

Communications Commission regulations. Signal strength studies shall be 

conducted when proposed locations have the potential to impact transmissions. 

Potential interference with public safety communication systems (e.g., radio traffic 

related to emergency activities) shall be avoided. 

• The project shall be planned to comply with Federal Aviation Administration 

regulations, including lighting regulations, and to avoid potential safety issues 

associated with proximity to airports, military bases or training areas, or landing 

strips. 

• Operators shall develop a fire management strategy to implement measures to 

minimize the potential for a human-caused fire.
APPENDIX F
THIS PAGE IS INTENTIONALLY BLANK.
Dust Control Plan

Bureau of Land Management

El Centro Field Office

1661 S. 4th Street

El Centro, CA 92243

June 2011
2

Table of Contents

1.0 Introduction.......................................................................................................................... 3

1.1 Purpose of Plan .................................................................................................................... 3

1.2 Document Organization....................................................................................................... 3

2.0 Actions Requiring Control................................................................................................... 3

2.1 Off Highway Vehicle Use.................................................................................................... 3

2.2 Mining Operations............................................................................................................... 6

2.4 Miscellaneous Actions......................................................................................................... 7

3.0 Dust Control Measures ........................................................................................................ 8

3.1 Dust Control During Off Highway Vehicle Use................................................................ 13

3.2 Dust Control Within and During Mining Operations........................................................ 14

3.3 Dust Control Within Geothermal Power Plants................................................................. 14

3.4 Dust Control During Miscellaneous Construction Projects............................................... 14
3

1.0 Introduction

Air quality is determined by many different factors, such as landforms, amount of 

contaminants emitted into the atmosphere, and meteorological conditions. In the Imperial 

Valley, stable atmospheric conditions, low mixing heights, and light winds during the 

morning and evening hours provide opportunity for dust and other contaminants to 

accumulate on the low-lying Imperial Valley floor. As a result, the Imperial Valley and all of 

Imperial County has been classified as a non-attainment area under the Environmental 

Protection Agency’s PM10 regulations as set forth in their Clean Air Act of 1990.

PM10 is defined as: Any particulate material that exists as solid or liquid in the atmosphere. 

Particulate matter may be in the form of fly ash, soot, dust, fog, fumes, etc. Small particulate 

matter, or PM10, is less than 10 microns in size (about one-eighth the diameter of a human 

hair) and is too small to be filtered by the nose and lungs1. Fugitive dust is defined in rule 

800 of the ICAPCD rules and regulations as: The Particulate Matter entrained in the ambient 

air which is caused from man-made and natural activities such as, but not limited to, 

movement of soil, vehicles, equipment, blasting, and wind.

The primary contributors of PM10 under jurisdiction of the Bureau of Land Management El 

Centro Field office (ECFO) are Off Highway Vehicle Use (OHV), mining operations, 

geothermal energy operations and various short term construction projects such as 

installation of pipelines. 

1.1 Purpose of Plan

The purpose of the Bureau of Land Management ECFO dust control plan is to identify 

sources of PM10 emissions within our jurisdiction and identify dust control measures that can 

be implemented to help minimize or eliminate those emissions.

1.2 Document Organization

The remainder of this Plan is organized into the following sections:

Section 2.0 – Actions Requiring Controls

Section 3.0 – Dust Control Measures

2.0 Actions Requiring Control

2.1 Off Highway Vehicle Use

BLM lands are managed under the California Desert Conservation Area Plan, as amended

(1980). OHV use is a popular form of recreation in Imperial County. An OHV is defined in 

the California Vehicle Code Division Provisions2. There are four multiple use classes that 

the Bureau of Land Management employs in order to manage public lands. Lands falling 

under Multiple Use Class C are closed to all motorized vehicle activity. These lands are

unavailable for motorized vehicle use and include areas designated by Congress as Federal 

 1 www.raqc.org/more/define.htm

2 16.5 CVCD Chapter 1§ 38010
4

Wilderness Areas. Lands falling under Multiple Use Class L are classified as Limited Use 

areas. Multiple Use Class M is based on a controlled balance between higher intensity use 

and protection of public lands. In Multiple Use Class L and M travel is limited to existing 

open routes of travel only. In essence, only the trails or routes that are classified as open are 

allowed to be traveled on. The land in between these routes and trails is closed to vehicle 

use. Lands that fall under Multiple Use Class I are considered open areas. Multiple Use 

Class I is defined as: “Intensive Use.” Its purpose is to provide for concentrated use of lands 

and resources to meet human needs (California Desert Conservation Area Plan, 1980). This 

means that the entire area is open to all motor vehicles and all types of travel. 

In addition to the Imperial Sand Dunes, Plaster City and Superstition Mountain open areas,

the ECFO oversees lands in the East Mesa, West Mesa and Yuha Desert in BLM’s, Western 

Colorado (WECO) planning unit and the Indian Pass area in BLM’s North Eastern (NECO) 

planning unit. WECO and NECO are both limited use areas that fall under BLM Multiple 

Use Class L and M. Designated routes of travel are found in all of these regions and these 

are also popular areas for off highway enthusiasts to recreate. Located within Imperial 

County is the Imperial Sand Dunes Recreation Area, one of the largest OHV recreation areas 

in the United States. The Imperial Sand Dunes Recreation Area is located in eastern Imperial 

County with 83,252 acres open to OHV use, the Imperial Sand Dunes Recreation Area 

attracts hundreds of thousands of off highway enthusiasts each year. There are two other 

OHV Open Areas under BLM jurisdiction in Imperial County, Plaster City OHV Open Area 

and Superstition Mountain OHV Open Area, both located in western Imperial County. They 

are 28,240 and 14,723 acres, respectively. While these areas do not receive the same high 

visitation rates as the Imperial Sand Dunes Recreation Area, they are still popular recreation 

destinations for off highway vehicle use.

Off highway vehicle use contributes to PM10 emissions in a number of ways. Travel in open 

areas and along designated routes may contribute to particulate matter in the form of fugitive 

dust. Travel in open areas adversely affects vegetation by crushing and breaking up the 

vegetative cover, causing a reduction in the overall vegetative cover. This in turn leaves soils 

vulnerable to wind erosion and promotes further spreading of wind driven erosion as 

vegetative cover is reduced.

BLM law enforcement rangers actively patrol the lands under the ECFO jurisdiction. These 

patrols deter off route unauthorized OHV use. Rangers utilize verbal warnings, written 

warnings and citations to gain compliance. Reports of unauthorized OHV use suspected of

generating PM10 in Limited Use Areas will be addressed on a case by case basis. 

BLM ECFO Restoration Summary and Techniques

Since 2003 the Bureau of Land Management (BLM), El Centro Field Office has restored 751 

closed routes and illegal impacts within Imperial County. The 751 restored areas which cover 

65.89 miles with an area of 1,189 acres. Most of the miles of restoration are “line of sight” 

which means that the closed route or incursion was only restored to visual range. The 

remaining portion is left for natural restoration. Thus the total amount of area which has been 

restored is greater than the numbers presented. Techniques used by the BLM in conducting 

restoration projects are listed below:
5

Vertical/Horizontal Mulching:

Dead plant material placed at the beginning of closed routes, off of BLM-designated routes, 

can disguise these routes and deter additional vehicle traffic. Large down Ocotillo’s and 

desert shrubs on the soil surface act as barricades. Similarly, dead shrubs or branches planted 

upright in the soil make the site blend in with surrounding vegetation. Vertical mulch also 

benefits restoration by trapping wind-blown seeds and lessening wind erosion just above the 

ground surface. This work shall be primarily done with hand tools. Little soil disturbance 

would be needed except where mulch is “planted” and thus requires a small hole to anchor 

the material.

Fencing and Rocks:

Fences may be necessary to cut off travel on closed routes when the route is too wide to be 

effectively disguised with vertical mulch or blocked by hay bales. Other barricades may 

consist of a row of large rocks and boulders to deter use. Placement of rocks requires no 

equipment and little or no soil disturbance is associated with their use. Large Boulders may 

be used occasionally in high non-compliance areas. These boulders may necessitate the use 

of heavy machinery (e.g. backhoe, small crane). Fencing in some areas may be used to deter 

impacts.

Soil Pitting: 

Soil pitting, contours the soil to direct water flow and draw wind-blown seeds to focal spots 

on the ground. Pitting involves creating bowls approximately one to two feet in diameter and 

six inches deep. This practice creates favorable micro-sites in the bowls that may increase 

seed germination and small plant growth. In conjunction with pitting, shovels will be used to 

shave topsoil from under surrounding shrubs (plugging) and transfer the material to the pit 

hole. Pitting may need to be modified due to the sensitivity of the area. Divots in the soil may 

be a preferable alternative.

Rainfall Catchments

A rainfall catchment is an ancient method of irrigation used by indigenous peoples in arid 

environments. These V-shaped, earth or rock, water flow barriers reduce soil erosion and 

focus water flow on certain spots to aid initial plant recruitment. 

Soil Imprinting

Soil imprinting entails raking small trenches to roughen the texture on surface soil and to 

collect wind-blown seed. Hand tools such as shovels and rakes are used.

Raking:

On closed routes and impacts formed by a single trespass (one person at one time) or routes 

without trampled vegetation or compacted soil, work crews shall rake, smooth (knock down 

berms) with the back of a rake, or sweep with a broom the top one inch of soil to hide 

evidence of tracks. Soils may also be contoured to match surrounding landscape, effectively 

camouflaging closed routes and impacts. 
6

Terracing with Berms/Check dams:

To prevent the formation of gullies and disperse water to surrounding vegetation, workers 

may want to contour slopes of hill climb areas. Berms, rock check dams, or terraces slow 

and disperse water flow. Hand tools will be used to disturb the top one to six inches of soil. 

Seeding:

Seed may be spread within rainfall catchments or soil pitting to accelerate natural 

regeneration. Raking underneath adjacent vegetation or collecting dried seedpods still 

attached to plants may collect seed. Broadcast seeding may also be done in highly denuded 

areas. Locally collected seeds will be used. Seeds should be collected from an area within 

100 miles, 500 vertical feet, and two inches of annual precipitation of a restoration site. No 

more than ten percent of the seeds from one individual will be collected and multiple 

individuals will be harvested to guarantee genetic diversity. 

Signing:

To help visitors to stay on designated routes BLM will maintain the route markers and repair 

or replace as necessary. Maintaining the route network is essential in the success of BLM 

restoration projects.

2.2 Mining Operations

The BLM oversees roughly 30 sand and gravel mining operations of various sizes, several 

small recreational mining claims, and one open-pit gold mine (Mesquite Mine) on BLM 

managed land within Imperial County. Occasionally the El Centro Field Office receives 

applications for mineral exploration activities for mining, geothermal and geophysical 

exploration.

Excavation, hauling and processing activities associated with mining, such as digging, 

loading trucks, crushing and screening all have the potential to produce fugitive dust, 

including PM10 emissions unless adequate mitigation techniques are employed. Dust 

suppression measures, such as the application of water or fixatives, are generally employed 

as standard operating procedures, under the approved Plan of Operations required by the 

BLM. State law requires that all vehicles licensed for highway use be in compliance with 

specified vehicle emissions standards. Other emission controls may be required for offhighway equipment, such as loaders and bulldozers, and point sources of emissions such as 

diesel generators. Activities associated with exploration include construction and 

maintenance of temporary roads and drill pads and minor excavation activities. Fugitive dust 

and emissions controls for exploration activities are similar to those required for mineral 

production. Larger permanent and semi-permanent operations may be required to have a 

separate dust control plan approved by the county. Smaller, temporary operations, such as 

sand and gravel sales of a few thousand cubic yards may not need an emissions control plan 

approved by the county, but are required to employ dust control techniques on an as-needed 

basis. 
7

2.3 Geothermal Power Plants

The El Centro Field Office oversees the lease for one Geothermal Power Plant Complex, 

Ormesa Geothermal Energy Plant, located on the East Mesa. The Geothermal Power Plant 

must conform to the following land use planning documents, as amended:

• California Desert Conservation Area (CDCA) Plan, adopted in 1980, as amended.

• EA-067-2006-12. Ormesa Geothermal Projects Continuing Geothermal Lease 

Operations East Mesa Known Geothermal Resource Area.

• Flat-tailed Horned Lizard Rangewide Management Strategy, 2003 as amended. 

There are several unsurfaced access roads in the vicinity of the Ormesa Geothermal Power 

Plant. These roads are used to access pumps, pipelines and other geothermal facilities. 

Travel across these unsurfaced roads has the potential to produce fugitive dust and vehicle 

emissions. Other activities central to geothermal operations such as well pad construction 

and excavation have the potential to produce fugitive dust emissions, including PM10, unless 

mitigation measures are taken.

The Imperial County Air Pollution Control District (ICAPCD) regulates stationary sources of 

air emissions within Imperial County, under both the California and federal Clean Air Acts. 

The ICAPCD has issued five active state authorities; Authorities to Construct, Permits to 

Operate, and one Federal Title V major source Permit to Operate to Ormesa which permits

regular emission of geothermal gases and binary power plant working fluid. The ICAPCD 

permit and regulations also require the control of fugitive dust.

All operations would be conducted under Authority to Construct permits

and Permits to Operate approved by the Imperial County Air Pollution Control District 

(ICAPCD). Ormesa has also committed that all disturbed areas within the operations area 

would be maintained in a manner to minimize dust, and that operations would comply with 

the applicable requirements of ICAPCD Rule 800 [“Fugitive Dust Requirements for Control 

of Fine Particulate Matter (PM-10)”]

[EA-067-2006-12, pg 4-7].

There are also several applications for geothermal energy leasing on BLM administered 

lands. BLM has not approved development of any of these leases at this point in time. If 

development is approved, the development would require analysis of potential air quality 

impacts and possibly the development of a dust control plan.

2.4 Miscellaneous Actions

Fugitive dust emissions may also be derived from miscellaneous actions that occur on public 

lands such as: driving to private property via BLM managed lands, rights-of-way for 

maintenance of power pole lines and canals, and new construction of pipelines. 

These activities produce particulate matter mainly through the use of unpaved roads and use 

of heavy equipment and machinery during construction and maintenance projects. 
8

3.0 Dust Control Measures

The following measures will be used singularly or in combination to prevent conditions 

conducive to fugitive dust emissions or to suppress airborne dust should it occur. Dust 

control measures are those measures that will be taken by the Bureau of Land Management, 

its lessees and permit holders, for any activity occurring on BLM owned and managed lands. 

Potential dust control measures include, but are not limited to: 

• Non-toxic stabilization of heavily used areas.

• Enforceable and posted speed limits in heavily used areas.

• Restoration of closed routes per BLM standards.

• Signage of Limited Use Areas to encourage OHV compliance.

Imperial County Air Pollution Control District Requirements and BLM’s Plan to address the 

Requirement:

• Stipulate that all new authorizations for stationary emission sources obtain all 

necessary permits and satisfy all applicable SIP provisions, including project- or

activity- specific BACM.

(BLM will advise applicants to contact the ICAPCD for appropriate permits and or 

Dust Plans.)

• A summary that: describes the total miles of BLM roads that are paved, paved with 

unpaved shoulders, and unpaved, including length and level of usage of each road; 

prioritize control of road segments based on annual and episodic (e.g. event) usage; 

describe the location and extent (e.g. acreage) of open areas disturbed by legal and 

illegal recreational use; prioritize control of these open areas based on annual and 

episodic (e.g. event) usage; describe plans for control of PM10 emissions from these 

areas.

3.1 Summary of Roads and Routes of Travel

BLM currently manages only two paved roads, Gecko Road and Grays Well Road. Each of 

these roads are located within the Imperial Sand Dunes Recreation Area (ISDRA). Gecko 

Road is located in the Northern portion of the ISDRA, perpendicular to Highway 78, on the 

Western edge of the dunes (see map). Grays Well Road is located in the Southern portion of 

the ISDRA, parallel to Interstate 8 (see map). Gecko Road is approximately 6 miles long, 

and Grays Well Road is approximately 4.7 miles long.

BLM currently manages two aggregate roads. Both roads are located within the Imperial 

Sand Dunes Recreation Area (ISDRA). Wash Road begins at Highway 78 and extends

South 5.0 miles to wash 25 (see map). The road parallels the existing Union Pacific Railroad 

right-of-way. Dune Buggy Flats Road begins at the east end of Gordons Well Road and 

extends .6 miles into Dune Buggy Flats.
9

BLM currently manages many off-highway trails or routes of travel in two distinct 

management areas known as the Northern and Eastern Colorado (NECO) management area 

and the Western Colorado (WECO) management area (see map). These areas are known as 

Limited Use areas so travel is limited to open routes of travel only, cross-country travel is 

prohibited. For this reason, the BLM considers the areas between open routes of travel to be 

closed to vehicle travel. There are approximately 1,178 miles of open routes and 

approximately 242 miles of “Limited” routes (open to street legal vehicles only) in the 

WECO management area. There are approximately 847 miles of open routes and 

approximately 317 miles of county roads in the NECO management area. Approximately 

880,000 acres of the NECO management area falls within Imperial County, and 

approximately 475,000 acres of the WECO management area falls within Imperial County.

In addition to the limited use areas, BLM manages three Open Areas: Imperial Sand Dunes, 

Plaster City and Superstition Mountain (see map). 

The location and extent of the Open Areas located within the El Centro Resource Area are as 

follows:

Table 3.3 – Acreage of Open Areas managed by BLM El Centro Field Office

Open Area Name Approximate Acreage

Imperial Sand Dunes 83,252

Plaster City 28,240

Superstition Mountain 14,723

Total 126,216

Using the best available data, the best estimate of Off Highway Vehicle caused disturbance 

in the open areas range from 0 to 93 percent in the Imperial Sand Dunes Recreation Area 

(Excluding Wilderness and Administrative Closures) and about 8 to 99 percent in the Plaster 

City and Superstition Open Areas. 

The data for the Imperial Sand Dunes Recreation Area was collected utilizing aerial imagery 

on Presidents Day weekend in 2006. Use on Presidents Day weekend represents one of the 

Table 3.1 – Paved Roads Managed by BLM – El Centro Field Office

Name of Road Mileage

Gecko Road 6 miles

Grays Well Road 4.7 miles

Total 10.7 miles

Table 3.2 – Aggregate Road Managed by BLM – El Centro Field Office

Name of Road Mileage

Wash Road 5.0 miles

Dune Buggy Flats Road .6 miles

Total 5.6 miles
10

highest visitation periods for the ISDRA and therefore represents an over estimation for most

of the year. Also, the purpose of the study was to estimate vehicle use patterns in Peirson’s 

Milk-vetch habitat and is therefore constrained by the sampling area boundaries. 

The estimates for Superstition and Plaster City Open Areas are based on vehicle track 

evidence data collected in 2002. The data collected was in Flat-tailed horned lizard 

Management Areas (MAs) near the open areas. In the MAs, travel is limited to open routes 

of travel, cross-country travel is prohibited in these areas. The data collected in the MAs 

would under-estimate the level of disturbance in the open areas. In the open areas the highest 

level of disturbance would be expected at staging areas where the level of disturbance can 

approach 100%. Two methods were used to estimate disturbance, the first method utilized 

biologists walking transects and recording vehicle tracks. This method estimated that 8.5% 

of the surface of the Yuha Desert Flat-tailed horned lizard Management Area (MA) had 

vehicle tracks. The second method utilized black and white aerial photography and was 

conducted by the United States Fish and Wildlife Service (USFWS) in 2002. The estimate of 

disturbance in the Yuha Desert MA was 9.7% and the West Mesa MA was 8.0%. 

The BLM estimates that none of the routes of travel located in Imperial County on public 

lands receive more than 50 vehicle trips per day. Certain unpaved areas located in the 

Imperial Sand Dunes, including Wash Road and Dune Buggy Flats access road receive more 

than 50 vehicle trips per day during holiday weekends (Halloween, Thanksgiving, New 

Year’s and President’s Day) that fall between the months of October and March. BLM will 

continue to water these areas to reduce dust emissions.

3.2 Plans for Control of PM10 

Many dust control measures are employed within the lands managed by El Centro Field 

Office. As referenced above, Gecko Road and Grays Well Road, located in the ISDRA, are 

paved roads. Since these roads receive high amounts of vehicle traffic during the cooler 

months of the year, the fact that they are paved will reduce dust emissions that may have 

arisen if they had not been paved. There are speed limit signs on both of these roads, which 

are rigorously enforced. A speed limit of 15 miles per hour is enforced on the new Wash 

Road to reduce dust emissions. Speed limits are also rigorously enforced within the entire 

ISDRA “within 50 feet of any campground, campsite, or concentration of people or animals” 

to 15 miles per hour. These measures also help to keep dust down, as they keep vehicle 

traffic decelerated. 

Five administrative closures are currently in place in the Imperial Sand Dunes Recreation 

Area (see map). These closures total approximately 49,617 acres. While in place, these 

closures will also help to reduce PM10 emissions in the ISDRA by limiting the area where 

vehicles are allowed.
11

The BLM El Centro Field Office manages eight wilderness areas within Imperial County. 

These wilderness areas were designated by Congress and can be found on both the East and 

West sides of Imperial County. Travel within Federal Wilderness areas is limited to foot 

traffic and horseback riding. No motorized vehicles are allowed in Wilderness areas. A 

significant amount of land that may have produced PM10 emissions is closed to vehicle 

traffic, since a total of approximately 196,082 acres of BLM managed lands in Imperial 

County are closed as Wilderness areas (see map).

Table 3.5 – Federal Wilderness Areas in Imperial County managed by BLM

Wilderness Area Name Total Acres Closed

Fish Creek Mountains 20,575

Coyote Mountains 18,574

Jacumba 31,171

Palo Verde Mountains 21,149

Indian Pass 31,922

North Algodones Dunes 25,811

Picacho Peak 8,828

Little Picacho 38,052

Total 196,082 acres closed as Wilderness in

Imperial County

Another mitigation measure to help control fugitive dust emissions from BLM lands is a 

seasonal closure on all routes within the Painted Gorge area from January 1 of each year to 

June 30th of each year. This seasonal closure takes place each year to protect the Federally 

Threatened Peninsular Bighorn Sheep (Ovis canadensis), and is an action that also lowers 

PM10 emissions in the area. The Painted Gorge area is located West of the Plaster City Open 

area and North of Evan Hewes Highway. 

Since 2003 the Bureau of Land Management (BLM), El Centro Field Office has restored 751 

closed routes and illegal impacts within Imperial County. The 751 restored areas which cover 

65.89 miles with an area of 1,189 acres. The closure and restoration of these routes should 

help reduce PM10 emissions in the area by limiting the number of trails that vehicles are 

allowed to travel on. Wind erosion is also minimized when well-worn trails are restored to 

their natural state. 

Table 3.4 – Administrative Closures at Imperial Sand Dunes Recreation Area

Name of Closure Approximate Acreage

Northern Closure 3,802

Central Closure #1 2,000

Central Closure #2 43,345

Patton Valley Closure 310

Southern Closure 160

Total 49,617 total acres closed at ISDRA
12

The BLM El Centro Field Office manages 14 Areas of Critical Environmental Concern 

within Imperial County (see map). ACECs are classified as Multiple USE Class L. These 

areas were set aside as areas that are valuable because of unique cultural, biological or scenic 

resources. 

Table 3.6 – Acreages of Areas of Critical Environmental Concern in Imp. County

Name of ACEC Approximate Acreage

Chuckwalla 262,202

Coyote Mountains Fossil Site 5,861

East Mesa 42,768

Gold Basin/Rand Intaglios 1,884

Indian Pass 1,764

Lake Cahuilla – A 1,231

Lake Cahuilla – B 2,528

Lake Cahuilla – C 5,592

Lake Cahuilla – D 4,723

North Algodones Dunes (also a 

Wilderness Area)

25,811

Pilot Knob 869

San Sebastian Marsh 7,680

West Mesa 20,294

Yuha Basin 71,847

Total 455,054

Control of dust emissions from certain roads and routes per the Classification of Wilderness 

in the California Desert Protection Act. As stated above, there are no authorized roads in 

BLM Wilderness Areas. All BLM Wilderness Areas are closed to all motor vehicle traffic. 

Foot traffic and horseback riding are the only modes of transportation allowed in BLM 

Wilderness Areas.

Control dust emissions from certain roads and routes as identified through general BLM 

planning. Certain unpaved areas located in the Imperial Sand Dunes, including Wash Road 

and the Dune Buggy Flats access road receive more than 50 vehicle trips per day during 

holiday weekends (Halloween, Thanksgiving, New Year’s and President’s Day) that fall 

between the months of October and March. BLM will continue to water these areas to 

reduce dust emissions.

Implement those PM10 control measures required to manage organized off-road events 

and/or competitions on public lands. BLM will require race organizers to submit a dust plan 

to the ICAPCD for review and approval prior to permitting of events. The race season is 

generally from September to June and is limited to the Imperial Sand Dunes, Plaster City and 

Superstition Mountain open areas. 
13

Use BLM-standard road design and drainage specifications when maintaining existing roads 

or authorizing road maintenance and new road construction. BLM will require this for new 

road construction and existing road maintenance.

In addition to the design and land use planning mitigations, BLM will provide the following 

mitigations:

1. Include public educational information on PM10 emissions with BLM open area 

literature and on information signs in heavily used areas.

BLM will distribute flyers provided by ICAPCD at the El Centro Field Office and at 

Ranger Stations.

3.3 Dust Control During Off Highway Vehicle Use

The BLM has agreed to apply the following dust control measures:

Treat the following access roads for dust control to reduce the impact of OHV activities on 

air quality: 

1. Wash Road adjacent to the Union Pacific Railroad and Dune Buggy Flats Road.

2. Certain unpaved areas located in the Imperial Sand Dunes, including Wash Road and the 

Dune Buggy Flats access road receive more than 50 vehicle trips per day during holiday 

weekends (Halloween, Thanksgiving, New Years’ and Presidents’ Day) that fall between 

the months of October and February. BLM will continue to water these areas to reduce 

dust emissions.

In January 2003, the BLM approved and signed the Record of Decision (ROD) for the 

Western Colorado Deserts Routes of Travel Designations (WECO) and in December of 2002 

the Record of Decision for the Northern and Eastern Colorado Desert Coordinated 

Management Plan (NECO) was signed. Both of these Decisions are amendments of the 1980 

Bureau of Land Management California Desert Conservation Area (CDCA) Plan. In these 

plans, BLM set forth control measures to help curb PM10 emissions. 

As stated in the Western Colorado Desert Routes of Travel Designation 

(these are also true for the Northern and Eastern Colorado Routes of Travel Designation):

“There would be fewer roads designated as open than the current situation. There 

would be less miles of routes than existing conditions. The vehicle use limitation to 

street legal vehicles in the Yuha (and other areas) should result in a decrease in the 

use of this area. In addition to the designation of roads and the enforcement of the 

designation, land use should result in less off route travel. The off route travel creates 

new roads which increases the particulate matter emissions due to vehicular use and 

wind. This alternative also includes the mitigation requirement to restore closed 

roads to a natural desert landscape. This will result in fewer emissions due to the 

inability to easily use closed roads and the reduction in emissions due to wind.”
14

BLM is currently implementing this plan. Since 2003 the Bureau of Land Management 

(BLM), El Centro Field Office has restored 751 closed routes and unauthorized impacts 

within Imperial County totaling 65.89 miles of routes and 1,189 acres of public land. This 

restoration has returned the closed trails/routes to natural habitat and reduced the wind 

erosion for these areas.

3.4 Dust Control Within and During Mining Operations

BLM will require each commercial mining operation to work with the Imperial County 

APCD to develop a dust control plan that is specific to each mining operation. BLM requires 

compliance with all applicable air pollution laws in the approved Plan of Operations for all 

mining operations. This gives BLM the authority to order the operator to come into 

compliance. If this does not happen, BLM may issue a Notice of Non-Compliance and may 

ultimately shut down all or part of the operation and revoke the operator’s bond.

3.5 Dust Control Within Geothermal Power Plants

The BLM will require the geothermal power plant to work with the Imperial County Air 

Pollution Control District to develop a dust control plan that is specific to the geothermal 

power plant, as required by the Imperial County Air Pollution Control District. Highway 

legal vehicles are required to employ appropriate state-mandated emissions controls.

3.6 Dust Control During Miscellaneous Construction Projects

Miscellaneous construction activities and general access activities tend to produce minimal 

fugitive dust emissions. Due to this, BLM will not request actions be made for private 

citizen right-of-ways unless the Imperial County Air Pollution Control District requests that 

they do so. For major construction projects, BLM will require the project coordinator to 

submit a dust plan to Imperial County Air Pollution Control District.
APPENDIX G
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U.S. Department of Agriculture

Forest Service

1323 Club Drive

Vallejo, CA 94592

U.S. Department of the Interior

Bureau of Land Management

2800 Cottage Way

Sacramento, CA 95825

November 29, 2006

TO: Area Managers and Forest Supervisors

FROM: California State Director, Bureau of Land Management, 

Regional Forester, Pacific Southwest Region Forest Service

Last year, we embarked on the development of an interagency policy for traditional 

gathering of culturally important plants on lands managed by the Bureau of Land 

Management, State of California Office (BLM) and the Pacific Southwest Region of the 

Forest Service (FS). A copy of the policy document is enclosed for your use.

An interdisciplinary team composed of representatives from the California Indian 

Basketweavers Association (CIBA), the California Indian Forest and Fire Management 

Council (CIFFMC), and regional and field offices of BLM and the FS was chartered to 

develop a policy. Six listening sessions with tribal governments and communities were 

held to hear views throughout the state. Additionally, we formally consulted with tribal 

governments, organizations and communities. The draft policy documents also benefited

from extensive field and line officer review by our two agencies.

This new policy ensures that traditional practitioners have access to plants and such 

plants are managed in a manner that promotes ecosystem health for the lands managed 

by the BLM and FS. The policy also emphasizes local collaboration, implementation and

issue resolution. Our two agencies will be incorporating this direction into our respective

manuals. For more information, please contact Ken Wilson at 916/978-4648 or Sonia 

Tamez at 707/562-8919.

Bernie Weingardt

Regional Forester

Pacific Southwest Region, Forest Service

Mike Pool

California State Director

Bureau of Land Management

Enclosure
California State Director 

and

Pacific Southwest Regional Forester

Traditional Gathering Policy

Purpose:

The purpose of this interagency policy between the USDI Bureau of Land 

Management, California (BLM) and the USDA Forest Service, Pacific Southwest 

Region (FS) (collectively referred to as the agencies) is to promote consistency 

between the agencies and collaboration with Tribes, tribal communities and 

traditional practitioners regarding support of native traditional gathering and 

management of culturally utilized plants on approximately 35 million acres of land

administered by the two agencies. Traditional native practitioners, affiliated with

over 200 federally and nonfederally recognized Tribes rely on public and National

Forest system lands managed by the agencies to sustain their traditions and meet

their cultural needs. Furthermore, the agencies acknowledge that traditional native

gathering and management practices in these lands are sustainable, benefit forest 

health and are part of our multiple use mandates.

The policy ensures that native traditional practitioners have access to plant and 

fungal materials and such materials are managed in a manner that promotes 

ecosystem health and utilizes traditional management practices where appropriate. 

In general, personal use should have preference over commercial use. We 

anticipate that given the cultural and biological complexity related to traditional 

gathering, successful implementation will be developed through local 

collaboration.

Objectives:

The objectives of this policy are to:

1. Define a consistent policy for the BLM and FS to support native 

traditional gathering and management of culturally important plants;

2. Ensure that consultation, collaboration and cooperation between the 

agencies and Tribes, tribal communities, tribal organizations and native 

traditional practitioners occurs in the management of culturally significant 

plants and fungi; and

3. Foster good working relationships with Tribes, tribal communities, tribal 

organizations and native traditional practitioners;
Authorities:

Legislation, Executive Orders and other legal authorities common to the agencies 

include:

American Indian Religious Freedom Act of 1978

Endangered Species Act of 1973

Executive Order 13007 of 1996

Executive Order 13175 of2000

National Environmental Policy Act of 1969, as amended (and CEQ

regulations at 40 CFR parts 1500-1509)

National Historic Preservation Act of 1966, as amended

Noxious Weed Act of 1974, including Sections 1 and 15

Plant Protection Act of 2000

Religious Freedom Restoration Act of 1993

Wilderness Act of 1964, as amended

Authorities specific to the BLM include:

Federal Land Management Policy Act of 1976 and implementing 

regulations

California Desert Protection Act of 1994

BLM Manual 5500

BLM Manual Series 8120 and H-8120-1

43 CFR 1600

Authorities specific to the FS include:

The Multiple-Use Sustained Yield Act of 1960, as amended

National Forest Management Act of 1976, as amended and implementing 

regulations

The Forest and Rangeland Renewable Resources Planning Act of 1974, as

amended .

The Materials Act of 1947

36 CFR223

FS Handbook (FSH) 2409.18, Chapter 80

FS Manual and FSH 1560 and 2360

FSH 1909.15,31.12 (8c)
Definitions:

Native traditional practitioners: This term derives from the American Indian 

Religious Freedom Act of 1978, as amended, that supports native traditional 

cultural beliefs and practices. The term here includes Native American usual and 

customary values, observances, ceremonies, management, practices, and other 

traditional actions. Native traditional practitioners could be members of 

recognized or non-recognized Tribes or tribal communities.

Culturally utilized plants: As used here includes a variety of flora, such as 

mosses, fungi and vascular, nontimber plants, including, but not limited to: 

sedge, willow, hazel, redbud, agave, yucca, and sumac.

Traditional Management techniques: These methods may include, but are not 

limited to burning, pruning, coppicing.

Personal use or non-commercial use of culturally utilized plants is defined as the' 

amount and type that would be used by an individual or a group for their own use. 

If their use results in making baskets or other items that might be available for later

sale, this would still be considered personal use.

Commercial use can be described as collecting plants for sale to an entity for 

further processing and resale.

Policy:

• It shall be the policy of the agencies to support traditional native cultural 

practitioners in gathering culturally utilized plants for personal, community 

or other non-commercial traditional use on lands administered by the 

agencies, consistent with applicable laws, regulations, and policy. Gatherers 

shall have access for traditional practices to lands managed by the agencies.

• Local units shall consider prioritizing local traditional native gathering in 

land management plans and should consider prioritization in other 

management documents.

• Free use, without permit, of culturally important plants may be granted for 

traditional native cultural gathering. Local agreements are encouraged to 

support such gathering.

• Decisions and issues regarding identification of traditional native cultural 

gatherers or gathering, access, sustainability and other concerns associated
with implementation of this policy will be addressed by local units in 

consultation with traditional practitioners, Tribes and tribal communities.

• Local managers of the agencies shall work in collaboration with Tribes, 

tribal communities, tribal organizations, and traditional practitioners to 

identify, restore, and enhance traditionally important plant resources. 

Local FS units can utilize exemptions (FSH 1909.15,31.12 [Sc]) and 

BLM units can rely on other processes (BLM Manual 5500).

• Local managers of the agencies, in consultation with Tribes, tribal 

communities and native traditional practitioners, will identify opportunities

and tribal partnerships to incorporate tribal traditional management practices

to restore, enhance and promote ecosystem health.

This policy will be monitored through consultation and coordination with native 

traditional practitioners, Tribes and others to ensure policy effectiveness and issue 

resolution.
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