32642 Federal Register / Vol. 66, No. 116 / Friday, June 15, 2001 / Notices

Diversity, and others (Center) filed for

injunctive relief in U.S. District Court,

Northern District of California (court)

against the Bureau of Land Management

(BLM) alleging that the BLM was in

violation of Section 7 of the Endangered

Species Act (ESA) by failing to enter

into formal consultation with the U.S.

Fish and Wildlife Service (USFWS) on

the effects of adoption of the California

Desert Conservation Area Plan (CDCA

Plan), as amended, upon threatened and

endangered species. On August 25,

2000, the BLM acknowledged through a

court stipulation that activities

authorized, permitted, or allowed under

the CDCA Plan may adversely affect

threatened and endangered species, and

that the BLM is required to consult with

the USFWS to insure that adoption and

implementation of the CDCA Plan is not

likely to jeopardize the continued

existence of threatened and endangered

species or to result in the destruction or

adverse modification of critical habitat

of listed species.

Although BLM has received biological

opinions on selected activities,

consultation on the overall CDCA Plan

is necessary to address the cumulative

effects of all the activities authorized by

the CDCA Plan. Consultation on the

overall Plan is complex and the

completion date is uncertain. Absent

consultation on the entire Plan, the

impacts of individual activities, when

added together with the impacts of other

activities in the desert are not known.

The BLM entered into negotiations with

plaintiffs regarding interim actions to be

taken to provide protection for

endangered and threatened species

pending completion of the consultation

on the CDCA Plan. Agreement on these

interim actions avoided litigation of

plaintiffs’ request for injunctive relief

and the threat of an injunction

prohibiting all activities authorized

under the Plan. These interim

agreements have allowed BLM to

continue to authorize appropriate levels

of activities throughout the planning

area during the lengthy consultation

process while providing appropriate

protection to the desert tortoise and

other listed species in the short term. By

taking interim actions as allowed under

43 CFR part 8364.1, BLM contributes to

the conservation of endangered and

threatened species in accordance with

7(a)(1) of the ESA. BLM also avoids

making any irreversible or irretrievable

commitment of resources which would

foreclose any reasonable and prudent

alternative measures which might be

required as a result of the consultation

on the CDCA plan in accordance with

7(d) of the ESA. In November 2001, the

stipulation respecting Peirson’s milkvetch became effective. Parcel 1, as

identified in this notice, is the Northern

closure under the above stipulation.

Parcel 2 is the Small Central closure;

Parcel 3 is the Large Central closure;

Parcel 4 is the Patton Valley closure,

part of the Large Central closure; and

Parcel 5 is the Southern closure as

identified in the stipulation.

An Environmental Assessment (EA)

has been prepared for this action.

According to the EA, the five closure

areas contain many identified high

density colonies of Peirson’s milk-vetch.

About 50 percent of the Peirson’s milkvetch habitat will be protected from

potential OHV impacts by these five

closures. Closures of these areas will

also provide increased protection for

several wildlife species such as

Colorado Desert fringed-toed lizard,

Couch’s spadefoot toad and several

other species. In addition, the closures

will protect cultural resources.

Archaeological records indicate that

these areas were prehistoric travel ways

which also contained important plant

and animal foods used by Native

Americans.

The EA is available for public

comment for a period of 15 days prior

to the effective date. Please contact the

El Centro Field Office for further

information.

EFFECTIVE DATE: No sooner than July 16,

2001.

ADDRESSES: Written comments may be

sent to the attention of Roxie Trost,

BLM, El Centro Field Office, 1661 S. 4th

Street, El Centro , CA 92243, telephone

(760) 337–4400.

Dated: June 8, 2001.

James Wesley Abbott,

Associate State Director.

[FR Doc. 01–15243 Filed 6–14–01; 8:45 am]

BILLING CODE 4310–40–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[MT–924–1430–ET; MTM 39381]

Opening of Land; Montana

AGENCY: Bureau of Land Management,

Interior.

ACTION: Notice.

SUMMARY: Public Land Order No. 5748,

which withdrew 80.72 acres of National

Forest System land from location and

entry under the mining laws for a

recreation area and trailhead facilities

into the Selway-Bitterroot Wilderness

Area, expired August 27, 2000, by

operation of law. This action will open

the land to mining. The land has been

and will remain open to such forms of

disposition as may by law be made of

National Forest System lands.

EFFECTIVE DATE: June 15, 2001.

FOR FURTHER INFORMATION CONTACT:

Sandra Ward, BLM Montana State

Office, P.O. Box 36800, Billings,

Montana 59107, 406–896–5052.

SUPPLEMENTARY INFORMATION: Public

Land Order No. 5748, published in the

Federal Register August 28, 1980 (45 FR

573398), withdrew 80.72 acres of

National Forest System land for a period

of 20 years for a recreation area and

trailhead facilities into the SelwayBitterroot Wilderness Area. The public

land order expired August 27, 2000, by

operation of law. The following land is

hereby opened to location and entry

under the United States mining laws:

Lolo National Forest

Principal Meridian, Montana

T. 11 N., R. 21 W.,

Sec. 6, West 660 feet of lot 3, East 1,000

feet of lot 4, and East 1,000 feet of lot 5.

The area described contains 80.72 acres in

Missoula County.

At 9 a.m. on (publication date), the

land shall be opened to location and

entry under the United States mining

laws, subject to valid existing rights, the

provisions of existing withdrawals,

other segregations of record, and the

requirements of applicable law.

Appropriation of any lands described in

this order under the general mining

laws prior to the date and time of

restoration is unauthorized. Any such

attempted appropriation, including

attempting adverse possession under 30

U.S.C. 38 (1994), shall vest no rights

against the United States. Acts required

to establish a location and to initiate a

right of possession are governed by State

law where not in conflict with Federal

law. The Bureau of Land Management

will not intervene in disputes between

rival locators over possessory rights,

since Congress has provided for such

determinations in local courts.

Dated: May 24, 2001.

Howard A. Lemm,

Acting Deputy State Director, Division of

Resources.

[FR Doc. 01–15108 Filed 6–14–01; 8:45 am]

BILLING CODE 4310–$$–P