32640 Federal Register / Vol. 66, No. 116 / Friday, June 15, 2001 / Notices

added together with the impacts of other

activities in the desert are not known.

The BLM entered into negotiations with

plaintiffs regarding interim actions to be

taken to provide protection for

endangered and threatened species

pending completion of the consultation

on the CDCA Plan. Agreement on these

interim actions avoided litigation of

plaintiffs’ request for injunctive relief

and the threat of an injunction

prohibiting all activities authorized

under the Plan. These interim

agreements have allowed BLM to

continue to authorize appropriate levels

of activities throughout the planning

area during the lengthy consultation

process while providing appropriate

protection to the desert tortoise and

other listed species in the short term. By

taking interim actions as allowed under

43 CFR Part 8364.1, BLM contributes to

the conservation of endangered and

threatened species in accordance with

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

making any irreversible or irretrievable

commitment of resources which would

foreclose any reasonable and prudent

alternative measures which might be

required as a result of the consultation

on the CDCA plan in accordance with

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

parties signed the Stipulation and

Proposed Order Concerning All Further

Injunctive Relief and included the

closures (paragraphs 40 and 43)

described in this Notice.

All existing routes in the subject areas

are being or will be evaluated and

proposed for designation as Open,

Closed, or Limited through the land use

planning process as amendments to the

California Desert Conservation Area

Plan. These designations will be based

on criteria identified in 43 CFR 8342.1.

Management of routes proposed for

closure will minimize the potential for

any adverse effects pending designation.

The BLM Field Offices listed below

have prepared environmental

assessments (EA) which are available for

a 15 day public review prior to

publication of the final Federal Register

Order. The beginning of the 15 day

review for each EA may be different but

all generally coincide with the

publishing of this Notice. Interested

parties should contact the Field Offices

for the EAs and review dates.

In general, the EAs indicate the

following reasons for each closure:

Edwards Bowl: By reducing the size of

the available route network and better

controlling OHV use in the area, the

potential for direct impacts to desert

tortoise, Mojave ground squirrel,

burrowing owl, and other species will

be diminished. The proposed closure

will help to prevent burrow collapse

and species mortality caused by

motorized vehicles. In addition the

closure will have an overall positive

impact on habitat by reducing soil loss

and erosion and increasing vegetation

regrowth and plant community

establishment.

NECO Routes: The proposed closure

will have a positive impact on many

special status and other species. The

proposed closure will reduce potential

for significant adverse impacts to

wildlife in critical seasons, such as

when young are being reared. As desert

tortoise commonly travel in washes and

use the banks of washes for burrowing,

restricting motorized vehicle use to

specific routes and prohibiting use of

certain washes within desert tortoise

habitat management units 1 and 2 of the

NECO plan will reduce tortoise

mortality and crushing of burrows. The

proposal will also provide added

protection for other species including

bighorn sheep, burro deer, several

species of bats, prairie falcon, golden

eagle Couch’s spadefoot toad, and other

species occurring in the area of the

proposed closure.

The closures are described as follows:

1. Edwards Bowl (Barstow Field

Office): The proposed route closures are

north of the El Mirage Recreation Area

and the town of Adelanto. The area

covered by the closure will include all

of the public lands within Sections 6, 7,

8, 16, 20 in T.8N., R.7W., San

Bernardino Principle Meridian.

2. NECO Routes Areas (Palm Springs,

Needles, El Centro Field Offices): The

geographic center of Unit 1 is located

about 35 miles southwest of Needles,

California. It is generally bounded on

the north by Interstate Highway 40; on

the northeast by the Camino to U.S.

Highway 95 powerline road; on the east

by U.S. Highway 95, except that a

portion of the Chemehuevi Valley east

of Highway 95, and west and northwest

of the Whipple Mountains Wilderness is

included in the unit; on the southeast by

the Colorado River Aqueduct; on the

south by the northern end of the Turtle

Mountains; on the southwest by the

eastern flank of the Old Woman

Mountains; and on the northwest by the

western boundary of the Clipper

Mountains Wilderness. The geographic

center of Unit 2 is located about 50

miles east-southeast of Indio, California.

It is generally bounded on the north by

the southern boundary of Joshua Tree

National Park and Interstate Highway

10; on the east by the southeast

boundary of the Chuckwalla Mountains

Wilderness and the lower northeastern

boundary of the Chocolate Mountains

Aerial Gunnery Range, though detached

segments of the unit further to the east

are comprised of the Little Chuckwalla

Mountains Wilderness, a portion of the

Palo Verde Mountains Wilderness, and

the Chuckwalla Valley Dune Thicket

Area of Critical Environmental Concern;

and on the south and southwest by a

line running southeast to northwest

through the middle of the Chocolate

Mountains Aerial Gunnery Range and

extending to the boundary of Joshua

Tree National Park.

FOR FURTHER INFORMATION CONTACT:

Edwards Bowl:

Barstow Field Office Manager, 2601

Barstow Road, Barstow, CA 92311,

Tel: 760–252–6000.

NECO Routes:

El Centro Field Office Manager, 1661

So. 4th Street, El Centro, CA 92243,

Tel: 760–337–4000.

Palm Springs-South Coast Field Office

Manager, 690 W. Garnet Ave., P.O.

Box 1260, North Palm Springs, CA

92258, Tel: 760–251–4800.

Needles Field Office Manager, 101 W.

Spikes Rd., Needles, CA 92363, Tel:

760–326–7000.

Dated: June 8, 2001.

James Wesley Abbott,

Associate State Director.

[FR Doc. 01–15242 Filed 6–14–01; 8:45 am]

BILLING CODE 4310–40–P

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.

Federal Register / Vol. 66, No. 116 / Friday, June 15, 2001 / Notices 32641

peirsonii), designated in 1998 by the

FWS as a threatened species under the

Endangered Species Act.

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 § 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

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