[Federal Register Volume 66, Number 116 (Friday, June 15, 2001)]
[Notices]
[Pages 32640-32642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15243]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CA-670-00-1220-00, C00-0927 WHA-ADR]


Closure to Motorized Vehicle Use in the Imperial Sand Dunes 
Recreation Area

AGENCY: Bureau of Land Management, Department of the Interior, El 
Centro Field Office, California Desert District.

ACTION: Pursuant to Title 43 Code of Federal Regulations 8364.1, the 
Bureau of Land Management will temporarily close parts of federal land 
in Imperial County. The public land areas described below which are 
within the Imperial Sand Dunes Recreation Management Area are closed to 
off-highway vehicle and other vehicular use effective no sooner than 30 
days from the date of this notice. This closure is temporary pending 
completion of programmatic consultation on the California Desert 
Conservation Area Plan between the Bureau of Land Management (BLM) and 
the U. S. Fish and Wildlife Service (FWS). The subject of consultation 
is the effect of vehicular use in the Imperial Sand Dunes Recreation 
Area to populations of the Peirson's milk-vetch plant(Astragalus 
magdalenae var.

[[Page 32641]]

peirsonii), designated in 1998 by the FWS as a threatened species under 
the Endangered Species Act.

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SUMMARY: Under Title 43 CFR 8364.1(a) the authorized officer may issue 
closure and restriction orders to protect persons, property, and public 
lands and resources. The purpose of this closure is to prevent effects 
of vehicular use to the populations of Peirson's milk-vetch pending 
completion of formal consultation with the USFWS. The BLM has prepared 
a Biological Evaluation regarding the present management Peirson's 
milk-vetch populations of the Imperial Sand Dunes and submitted the 
evaluation with its request for formal consultation.
    Any person who fails to comply with a closure or restriction order 
issued under this subpart may be subject to the penalties provided in 
43 CFR Sec. 8360.0-7 of this title.

Affected Lands

    Parcel 1 is bounded on the southeasterly side by the North 
Algodones Wilderness Area, on the northeasterly side by Niland-Glamis 
Road, on the north side by a latitudinal line, and on the southwesterly 
side by the New Coachella Canal Road. Said parcel contains 3,800 acres 
more or less, and is more particularly described as follows:
    Beginning at the northwesterly corner of the North Algodones 
Wilderness Area; thence southwesterly on a prolongation of the 
northwesterly line of the above mentioned wilderness area, 
approximately 300 feet to a line parallel with and 15.00 feet northeast 
of the center line of the New Coachella Canal Road (approximate 
geographic position: longitude 115.26404 degrees, latitude 33.06407 
degrees); thence northwesterly, parallel with and 15.00 feet northeast 
of the center line of the New Coachella Canal Road, to a point at 
latitude 33.1038 degrees (approximate geographic position: longitude 
115.31038 degrees, latitude 33.1038 degrees); thence east to a line 
parallel with and 20.00 feet southwesterly of the center line of 
Niland-Glamis Road (approximate geographic position: longitude 
115.23364 degrees, latitude 33.1038 degrees); thence southeasterly, 
parallel with and 20.00 feet southwesterly of the center line of 
Niland-Glamis Road, to a prolongation of the northwesterly line of the 
North Algodones Wilderness Area (approximate geographic position: 
115.23123 degrees, latitude 33.10230 degrees); thence southwesterly 
along said line of prolongation 85.00 feet to point 1 of the North 
Algodones Wilderness Area; thence continuing southwesterly along the 
northwesterly line of the wilderness boundary to the point of 
beginning.
    Parcel 2 contains 2,000 acres more or less, and is more 
particularly described as follows:
    Beginning at longitude 115.09392 degrees, latitude 32.92036 
degrees; thence to longitude 115.10286 degrees, latitude 32.91969 
degrees; thence to longitude 115.10916 degrees, latitude 32.92183 
degrees; thence to longitude 115.11854 degrees, latitude 32.93341 
degrees; thence to longitude 115.12616 degrees, latitude 32.93998 
degrees; thence to longitude 115.11041 degrees, latitude 32.95332 
degrees; thence to longitude 115.09628 degrees, latitude 32.95288 
degrees; thence to longitude 115.09225 degrees, latitude 32.94338 
degrees; thence to point of beginning.
    Parcel 3 is bounded on the northeasterly side by Wash Road, on the 
north side by a latitudinal line, on the southwesterly side by the Sand 
Highway, and on the southeasterly side by a line falling northerly of 
Patton Valley. Said parcel contains 43,035 acres more or less, and is 
more particularly described as follows:
    Beginning at the point of intersection of a line parallel with and 
20.00 feet northeasterly of the northeasterly edge of the Sand Highway 
and a line parallel with and 150.00 feet northwesterly of the center 
line of Patton Valley Road (approximate geographic position: longitude 
114.96653 degrees, latitude 32.76586 degrees); thence northwesterly, 
parallel with and 20.00 feet northeasterly of the northeasterly edge of 
the Sand Highway, to a point at latitude 32.90653 degrees (approximate 
geographic position: longitude 115.11257 degrees, latitude 32.90653 
degrees); thence east to a line parallel with and 20.00 feet 
southwesterly of the center line of Wash Road (approximate geographic 
position: longitude 114.95415 degrees, latitude 32.90653 degrees); 
thence southeasterly, parallel with and 20.00 feet southwesterly of the 
center line of WashRoad, to a point at latitude 32.83805 degrees 
(approximate geographic position: longitude 114.86802 degrees, latitude 
32.83805 degrees); thence southwesterly to a line parallel with and 
150.00 feet northwesterly of the center line of Patton Valley Road, at 
latitude 32.78236 degrees (approximate geographic position: longitude 
114.95298 degrees, latitude 32.78236 degrees); thence southwesterly, 
parallel with and 150.00 feet northwesterly of the center line of 
Patton Valley Road, to the point of beginning.
    Parcel 4 is bounded on the southwesterly side by the Sand Highway, 
on the northwesterly side by Patton Valley Road, with the remainder 
being defined by longitude and latitude. Said parcel contains 310 acres 
more or less, and is more particularly described as follows:
    Beginning at the point of intersection of a line parallel with and 
20.00 feet northeasterly of the northeasterly edge of the Sand Highway 
and a line parallel with and 150 feet southeasterly of the center line 
of Patton Valley Road; thence northeasterly, parallel with and 150.00 
feet southeasterly of the center line of Patton Valley Road, to a point 
at latitude 32.77713 degrees (approximate geographic position: 
longitude 114.95341 degrees, latitude 32.77713 degrees); thence 
easterly, leaving said road, to longitude 114.94770 degrees, latitude 
32.77746 degrees; thence to longitude 114.94433 degrees, latitude 
32.77629 degrees; thence to longitude 114.94401 degrees, latitude 
32.77449 degrees; thence to longitude 114.94708 degrees, latitude 
32.77218 degrees; thence to longitude 114.95472 degrees, latitude 
32.76916 degrees; thence southwesterly to a line parallel with and 
20.00 feet northeasterly of the northeasterly edge of the Sand Highway, 
at latitude 32.76222 degrees (approximate geographic position: 
longitude 114.96253 degrees, latitude 32.76222 degrees); thence 
northwesterly, parallel with and 20.00 feet northeasterly of the 
northeasterly edge of the Sand Highway, to the point of beginning.
    Parcel 5 contains 160 acres more or less, and is more particularly 
defined as follows:
    Beginning at longitude 114.91070 degrees, latitude 32.72160 
degrees; thence to longitude 114.90878 degrees, latitude 32.72476 
degrees; thence to longitude 114.88818 degrees, latitude 32.73669 
degrees; thence to longitude 114.88740 degrees, latitude 32.73596 
degrees; thence to longitude 114.88947 degrees, latitude 32.73446 
degrees; thence to longitude 114.90607 degrees, 32.72473 degrees; 
thence to longitude 114.90562 degrees, 32.72310 degrees; thence to 
longitude 114.90739 degrees, 32.7286 degrees; thence to longitude 
114.91026 degrees, 32.72092 degrees; thence to point of beginning.
    This legal land description will be finalized after formal Land 
Survey Plats are completed.
    Official federal government vehicles conducting monitoring or other 
legitimate governmental activities shall be allowed inside the closed 
areas.

SUPPLEMENTARY INFORMATION: On March 16, 2000, the Center for Biological

[[Page 32642]]

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 milk-vetch 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 milk-vetch 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