For Immediate Release: March 29, 2002
Contact: Doran Sanchez (909) 697-5220 or Jan Bedrosian (916) 978-4616
CA-610-02-34

The Bureau of Land Management (BLM) is implementing an emergency closure of approximately 29 miles of BLM routes (R5, R50, R40, R15, R25, R35, R 37, R12 and R 48) to all motorized vehicle use within the Western Rand Mountains Area of Critical Environmental Concern (17,877 acres), located in Kern County, California. These interim closures will not affect the remaining 100 miles of designated routes in the Rand Mountains Fremont Valley Management area. The BLM will also close all unauthorized routes and trails to vehicle use in the Western Rand Mountains ACEC.

BLM is implementing this interim closure on the 29 miles of designated routes to further protect the desert tortoise and its critical habitat within the Western Rand Mountains ACEC. This closure was made necessary by the high incidence of noncompliance exhibited by public land visitors operating off-highway vehicles on closed routes and traveling cross country within the ACEC.

This closure becomes effective March 29, 2002, and will remain in effect until a Record of Decision is signed on the West Mojave Plan, which is expected to be completed by June 2003. The authority for this emergency interim closure is found in 43 CFR Subparts 8341.2 (Special rules) and 8364.1 (Closure and restriction orders).

All designated routes entering the ACEC will be posted with public notices and standard motorized vehicle closure signs. Management fences or barriers will be installed at key access points to block entry by motorized vehicles. The ACEC will remain open for all other non-motorized uses currently allowed under 43 CFR.

Exemptions to this closure include vehicles conducting official government business, which shall be allowed on closed routes and areas as authorized. Official government business includes public service emergencies, resource monitoring and research, management activities, and other actions authorized by BLM's Ridgecrest Field Office manager.

Signs have been posted at places near or within the closure area. Documents and maps of the affected areas are available at the BLM Ridgecrest Field Office located at 300 South Richmond Road in Ridgecrest, California. The Record of Decision, closure document and Environmental Assessment are posted on the BLM California website at http://www.ca.blm.gov/news/reports_docs/2002/randrouteclos_mar02.html.

For more information contact the BLM Ridgecrest Field Office at (760) 384-5405.

WESTERN RAND ACEC CLOSURE BRIEFING DOCUMENT

Summary: The purpose of this briefing document is to summarize the issues related to the Western Rand ACEC. The Western Rand ACEC is one the subjects of the lawsuit filed by the Center for Biological Diversity (CBD), the Sierra Club, and Public Employees for Environmental Responsibility. The BLM has entered into negotiations to amend the Lawsuit Settlement Agreement to close the Western Rand ACEC. The ACEC could be closed under the provisions of 43 CFR 8341.2 which allows immediate closure of an area if the authorized officer "determines that off road vehicles are causing or will cause considerable adverse effects upon...threatened and endangered species..."

Issues: The Western Rand ACEC was established through the California Desert Conservation Area (CDCA) plan in 1980. The Western Rand ACEC, consisting of approximately 17,877 acres, was established primarily for the protection of the listed desert tortoise and its habitat. A site-specific ACEC management plan was not developed; instead, the BLM developed a management plan covering the Rand Mountains and Fremont Valley areas which covers about 65,020 acres which includes the ACEC . The Rand Mountains Fremont Valley Management Plan (RMFVMP) was developed due to severe losses of desert tortoises throughout this area and the ACEC and the listing of the desert tortoise as threatened by the U.S. Fish and Wildlife Service (FWS). The major objective of the management plan and the ACEC is to ensure a viable desert tortoise population in the RMFVMP area. One of the key management actions of the RMFVMP was to implement a designated OHV route network consisting of 129 miles of routes and trails and to close approximately 635 miles of existing routes. The management action called for the closing of about 90% of the routes in the Western Rand ACEC; approximately 38 miles of route were designated open for OHV use and 368 miles of route were closed in the ACEC. The BLM has implemented this network. Since 1995, the BLM has installed and maintained kiosks at key entry locations around the management area. The BLM has signed and maintained the open routes in and outside the ACEC. The BLM has signed and maintained the closed signage on most of the closed routes in and outside the ACEC. A fence was constructed and has been maintained along the southern boundary of the management area including the ACEC. Certain problematic routes were barricaded and some restoration has been accomplished in the ACEC. Law enforcement coverage has been increased and supplemented by the County Sheriff and the California Highway Patrol. On special holiday weekends additional staff has supported our law enforcement efforts to man check points and increase outreach efforts. State Parks OHV grants have used for these efforts. Also, much of this work has been accomplished by dedicated volunteers and BLM staff.

The BLM management efforts were achieving great results; although some problematic, hard to control hill climbs and closed route incursions have persisted. Our management efforts were show-cased and recognized as a success story. However, starting about two years ago dramatic changes have occurred. Closed route incursions has been on the upswing, many of our barricades have been breeched, restored areas have been the target of illegal OHV activity, several kiosks were destroyed or vandalized. Recent monitoring summarized in our Western Rand ACEC Unauthorized Entry report stated that a large network of unauthorized vehicle routes, mainly used by OHV motorcycle riders, exists throughout the ACEC. Law Enforcement Rangers observed hundreds of closed or proliferated routes with trespass problems. Law Enforcement Rangers reported motorcycle riders on closed trails and these often sped away from pursuing Rangers. BLM staff reported that some motorcycle riders were avoiding check points. The general trend is now noncompliance with the route network. The Western Rand ACEC has been the subject of the lawsuit settlement agreement now for more than a year. Stipulation 5 of the CBD, et.al, Lawsuit Settlement Agreement contains paragraphs 1.(A) and 39.(G) which refer to the ACEC. The paragraphs require reports be prepared to address activities which are incompatible with the protection of resources the ACEC was designed to protect and to address unauthorized OHV activities. In a response dated Feb. 4, 2002, to our ACEC report, the CBD maintains that the BLM is not in compliance with the Biological Opinion (BO) for the RMFVMP and recommended closure of the Western Rand ACEC and the proposed expansion area. During the month February, the closure has been a topic of negotiation for amending the Lawsuit Settlement Agreement. To leverage the negotiations, the CBD filed, on Feb. 21, 2002, a 60 day notice of intent to sue the BLM over violations of Section 7 and 9 of the Endangered Species Act. The CBD points out that the FWS placed strong conditions on the BLM through the BO for the RMFVMP as quoted below : "Any level of adverse impact or degradation of the management area would require immediate attention. Compliance with vehicular regulations must be good (light non-compliance) in the southwest corner of the management area (west of R45 and south of R50-figure1) and must reach excellent in the remainder of the management area within 2 years of adoption of the Plan. If this objective is not met, the majority of routes in the management area would be closed." (Revised BO - FWS#1-6-90-F-54R, p.6)

The BLM and CBD have agreed to propose amending the previously approved Stipulations and among other conditions the BLM will close and sign all routes within the Western Rand ACEC by March 30, 2002 pursuant to the RMFVMP BO. Status: The closure calls for the BLM to close and sign all routes within the Western Rand ACEC by March 30, 2002 and to block major access points needing physical barriers by September 30, 2002. The closure will not effect administratively approved travel by the BLM or its volunteer agents and contractors conducting associated habitat restoration and rehabilitation and other administrative work. The closure will not effect hikers and other forms of non-motorized recreation in the ACEC. The closure would remain in effect until the West Mojave Plan's Record of Decision is signed. The closure would close about 11 routes within the 17,877 acre Western Rand ACEC (about 1/3 of the RMFVMP area). No access would be allowed west of Route 43 and north of boundary fence. This closure will effect about 29 miles of open route within the ACEC. The remaining routes (about 100 miles of open routes and trails) in the RMFVMP will remain open for OHV use but activities will be closely monitored. The BLM will also initiate consultation with the FWS. The BLM has initiated more monitoring of illegal OHV activity within the ACEC and is developing an EA for the closure. During the closure period, the BLM hopes to work with interested parties to barricade and restore closed trails, monitor and maintain the closure, and review the RMFVMP through the West Mojave planning effort. The BLM has observed that a higher rate of compliance is achieved by barricading and reclamation of closed routes.