TESTIMONY OF

MIKE POOL, STATE DIRECTOR, CALIFORNIA,

BUREAU OF LAND MANAGEMENT

BEFORE THE COMMITTEE ON RESOURCES, SUBCOMMITTEE ON NATIONAL PARKS, RECREATION, AND PUBLIC LANDS

U.S. HOUSE OF REPRESENTATIVES

OVERSIGHT HEARING

PUBLIC ACCESS IN THE CALIFORNIA DESERT CONSERVATION DISTRICT

AND THE IMPERIAL SAND DUNES RECREATION AREA

August 18, 2003

Mr. Chairman and members of the Subcommittee, thank you for the opportunity to testify today on access to the California Desert National Conservation Area (CDCA) and, in particular, the Imperial Sand Dunes Recreation Area. 

Background

In 1976, with passage of the Bureau of Land Management’s (BLM’s) organic act, the Federal Land Policy and Management Act (FLPMA), Congress recognized the 25 million-acre CDCA as unique among landscapes throughout the country.  When the CDCA was designated as part of FLPMA, Congress highlighted a wide range of land management challenges in this area.  Some of these challenges include the very same conflicts you are examining today -- that is, how to balance recreational access, primarily off-road vehicle access, with the protection of sensitive desert resources, particularly rare and endangered plant and animal species.  FLPMA also recognized that these very special public land resources were “uniquely located adjacent to an area of large population.” 

The challenges Congress recognized when it created the CDCA twenty-seven years ago are even more daunting today.  For example, in 1976, there were only five plant or animal species in the California Desert which were listed as either threatened or endangered under the Endangered Species Act (ESA).   Currently, there are 10 plant species and 14 animal species in this region listed by the U.S. Fish and Wildlife Service (FWS).  Moreover, the urbanization of this region has increased; the population in Southern California has grown from an estimated 12 million in 1976 to 20 million people today.  Dramatic growth has occurred in the western desert region, often referred to as the “Inland Empire.”

To address these resource management challenges, FLPMA directed the BLM to prepare a comprehensive, long-range plan for the “management, use, development, and protection” of the public lands in the CDCA.  Congress established the California Desert Conservation Area Advisory Committee to ensure full citizen involvement and participation in this important planning process.  The overall plan, developed in cooperation with the State and local governments, was completed in 1980.  Twenty-three years later, the BLM is in the midst of updating that plan through six regional plan amendments.  The California BLM is working diligently to balance the various competing public interests as we develop these plan amendments.  It is our goal to allow public access and use of the CDCA consistent with the resource and species protection requirements of the ESA.   

Plan Amendments

For the last three years, the BLM has been working to complete plan amendments for the six plans that encompass the CDCA. The plan amendments fulfill the requirements of five consent decrees entered between August 2000 and April 2001, in connection with a lawsuit filed by the Center for Biological Diversity, Sierra Club, and Public Employees for Environmental Responsibility against the BLM.  The resulting plan amendments, while controversial and very time-consuming, have been developed with substantial public, State and local government input.  At present, we have completed four of these amendments.  They are the Northern and Eastern Colorado Desert, the Northern and Eastern Mojave Desert, the Coachella Valley, and the Western Colorado Desert amendments.   Attached to this statement is a detailed update on the progress of these four plan amendments.  The two remaining plan amendments, covering the Imperial Sand Dunes Recreation Area and the West Mojave Desert, are still underway, and are discussed more fully below. 

The Imperial Sand Dunes (Dunes) comprise 160,000 acres located approximately 130 miles to the east of us.  We are in the final stages of developing a major update to our Recreation Area Management Plan (RAMP) for the Dunes.  The RAMP was originally developed in 1987.  The Dunes provides world-class recreation opportunities for off-highway vehicles (OHVs).  Over a million recreationists come to Dunes annually to enjoy its vistas and OHV opportunities.  In 2002, 1.2 million people visited the Dunes, with visitation during the busy Thanksgiving holiday weekend exceeding 170,000.  As one of the most popular OHV areas in the southwestern United States, the Dunes presents significant management challenges, including law enforcement, visitor safety and services, and protection of sensitive resources. 

The 1998 listing of the Peirson’s Milk-vetch as a threatened species by the FWS required the BLM to determine how to balance recreation use with resource protections under the ESA.  We believe the plan now being finalized achieves this balance, through the creation of a 33,000-acre adaptive management area that will allow us to monitor the plant while still providing limited OHV access to determine the impacts of interaction between the plant and OHV use.  While settlement of the litigation required us to close approximately 49,000 acres of the Dunes, our proposed plan would re-open those lands to OHV use, including the 33,000 acres within that adaptive management area.  A Final EIS/Proposed Plan was released on May 23, 2003.  Since the end of the required 30-day public protest period, the BLM has been evaluating 11 protests it has received.   

On August 5, 2003, the Service proposed to designate critical habitat for this species on approximately 52,780 acres of sand dunes in Algodones Dunes in Imperial County, California.  Earlier this year, the Service completed consultation on BLM’s draft Recreation Area Management Plan (RAMP) for the dunes.  Based on the review of the draft RAMP and the provisions to conduct monitoring and study efforts, the Service determined that implementation of the RAMP would not likely jeopardize the continued existence of the Peirson's milk-vetch in the Algodones Dunes within the next four years.

The West Mojave Plan, a resource management plan amendment which is also an interagency Habitat Conservation Plan (HCP), was prepared in collaboration with the region’s cities, counties, State and Federal agencies, and covers 9.3 million acres in the western portion of the Mojave Desert.  It includes within its boundaries China Lake Naval Weapons Center, Edwards Air Force Base, Fort Irwin, the Marine Corps Logistics Base at Barstow, and the Marine Corps Air Ground Combat Center.  It is by far the most comprehensive of the six regional land use plans and is intended to streamline and develop less costly procedures for complying with the requirements of both the Federal and California Endangered Species Acts.  The HCP is intended to stimulate economic development within this rapidly growing region while conserving more than 100 identified Federally-listed, State-listed and sensitive plant and animal species. 

The HCP would establish a balanced and equitable program that would cut permitting costs in half, eliminate construction delays through the adoption of a pre-approved conservation and mitigation strategy, and enhance business planning certainty.  Cost reductions would result primarily from the elimination of the administrative costs associated with the preparation of the reports and applications necessary to obtain incidental take permits.  The HCP would allow for appropriate resource use and community expansion.  The West Mojave Plan would also include a regional strategy for conserving sensitive wildlife species that would be implemented in a collaborative manner by local governments and State and Federal agencies.  The plan would be implemented on public lands through the amendment of the BLM’s CDCA Plan, and on private lands through the issuance of programmatic incidental take permits to local cities and counties by the California Department of Fish and Game and FWS.

An important part of this effort has been designing a network of motorized vehicle access routes for the western Mojave Desert to provide access to recreation venues, commercial and industrial sites, and other destinations.   On March 21, 2003, the BLM published an environmental assessment that examined the impacts of establishing a vehicle access network.  A 30-day public comment period followed.  On June 30, 2003, the Record of Decision was issued for the West Mojave route designation.  This access network is also included in the draft West Mojave Plan/HCP now out for public comment.  The 90-day public comment period on the draft plan will close on September 12, 2003. 

Conclusion

The CDCA is a vast, challenging, controversial, and fascinating resource area.  In keeping with Secretary Norton’s 4Cs - consultation, cooperation and communication all in the service of conservation - the BLM remains steadfast and committed to reaching a fair and balanced approach to managing the public lands in this important region.  We believe this approach will best serve the many competing needs and interests of the area.  Mr. Chairman, that concludes my testimony.  I would be happy to respond to any questions the Committee may have for me.

Plan Status – California Desert National Conservation Area

Northern and Eastern Colorado Desert Plan Amendment

The Northern and Eastern Colorado Desert (NECO) planning area covers 5.5 million acres and the bulk of the Colorado (Sonoran) Desert in California.  It is located east of the Imperial and Coachella valleys, west of the Colorado River corridor, and south of Interstate 40 within portions of San Bernardino, Riverside, and Imperial counties.  The planning area is largely undeveloped, but is impacted by adjacent urbanization, wild burros, recreation, utilities, landfills, and mining.

The major goal of the plan is to provide for the recovery of the desert tortoise, a Federally-listed threatened species, while allowing for a variety of human uses including mining, recreation, and military training.  The issues addressed were identified through public scoping and include management of sensitive species and habitats, conflicts between wild burros and bighorn sheep, vehicle route designations, private and State inholdings, project-permitting processes under the State and Federal endangered species acts, and coordination of Federally-managed lands (i.e., Joshua Tree National Park and the U.S. Marine Corps’ Chocolate Mountains Aerial Gunnery Range.)

The FWS’ Desert Tortoise Recovery Plan established six recovery units throughout the range of the listing.  Two recovery units, the Northern and Eastern Colorado Desert units, are located in this planning area.  In addition, 32 animal species and 30 plant species within the area were identified as special status species which means that they require attention to avoid being listed in the future. 

To assist in the planning process, a collaborative group was formed to frame issues, gather and analyze data, and guide the development of the plan.  The collaborative group was composed of managers and staff from the BLM, NPS, FWS, CDFG, U.S. Marine Corps, and the University of California at Riverside.   Non-agency interests included representatives of groups or individuals concerned about the desert tortoise, other animal species, native plants, vehicle and non-vehicle recreation, grazing, mining, burros, and rock collecting.  This collaborative group was involved in all planning meetings from the start of the plan through completion of the draft.

The Draft EIS was released for public review and comment from February 26, 2001, through November 1, 2001.  Approximately 1,600 public comments were received.  The Final EIS/Proposed Plan was released on August 2, 2002.  The Record of Decision was signed on December 19, 2002.

Northern and Eastern Mojave Desert Plan Amendment

The Northern and Eastern Mojave Desert (NEMO) planning area is a largely undeveloped region stretching from north and northwest of Death Valley National Park to Interstate 40 on the south, and from the Nevada state line on the east to beyond the western boundary of the Mojave National Preserve on the southwest.  It encompasses over 2.7 million acres of BLM-managed public land.

The desert tortoise is the major threatened or endangered species addressed in this plan.    To guide the planning process, an interagency work group was established in 1998 to identify planning options that would be consistent with the goals and objectives of the recovery plan, but would not preclude multiple uses over very large areas.  This interagency team produced a management scenario for the desert tortoise in the spring of 1998, and recommendations in August 1998, for the recovery of the Eastern Mojave population of the desert tortoise.  In August and September 1998, 10 public scoping meetings were held to receive feedback on these recommendations, as well as concurrent route designation recommendations in desert tortoise habitat, and other preliminary northern and eastern Mojave plan options. 

The NEMO Draft EIS/Draft Plan was released to the public on April 13, 2001.  Approximately 1,200 comments were received.  They focused on public access, desert tortoise conservation, wild and scenic river designations, and other wildlife species and habitats.  The BLM also received comments from San Bernardino County regarding concerns about potential impacts to the county’s tax base, including land acquisitions and grazing proposals, community expansion proposals, surface disturbance limitations outside the desert tortoise hibernation window, and Revised Statute 2477 rights-of-way.

The Final EIS/Proposed Plan was released for public review on August 23, 2002.  Based on public comments, the BLM made a number of changes.  The BLM adopted a recommendation for grazing options generated by the Desert Advisory Council that led to additional flexibility in the proposed grazing strategy.  The BLM also modified route designations and adopted an additional community expansion proposal.  The Record of Decision was signed on December 20, 2002.

Coachella Valley Plan Amendment

The Coachella Valley lies within the Colorado Desert and provides habitat for a number of species that are either listed as or considered a candidate for listing by the FWS.  Sixty percent of the lands within the Coachella Valley are in private ownership, with the remaining lands under the jurisdiction of the BLM, National Park Service, FWS, the California Department of Fish and Game, the U.S. Forest Service, and various Tribes, such as the Agua Caliente Band of Indians.

The plan includes 13 major land use decisions, including establishing habitat conservation objectives in major vegetative community types with appropriate conservation measures; establishing eligibility of river segments in the planning area for inclusion in the Wild and Scenic River System; adopting regional land health standards; establish three fire management categories and desired fire management responses; designating the Coachella Valley Wildlife Habitat Management Area; establishing criteria for land exchanges, sales, and acquisition; providing for continued energy production, communication sites, and mineral materials extraction; designating OHV routes of travel; and establishing a recovery strategy for the listed Peninsular Ranges bighorn sheep emphasizing restoration of the public lands and coordination of conservation efforts with other agencies.

The Draft Coachella Valley CDCA Plan Amendment/Draft EIS was released for a 90-day public review period on June 7, 2002.  The BLM received 25 written comments.  Oral comments were recorded at three public hearings held in July 2002.  The Desert Advisory Council and the Santa Rosa and San Jacinto Mountains National Monument Advisory Committee also provided comments.  The BLM incorporated these comments into the Final EIS, and changed the preferred alternative slightly for three plan elements.  The BLM modified grazing language for the Whitewater Allotment; clarified the bighorn sheep recovery strategy and shifted OHV use at the Drop 31 area from an open area to a managed-use area.  The Final EIS/Proposed Plan was released on October 17, 2002.  On December 24, 2002, the FWS issued its Biological Opinion (BO) on the Coachella Valley CDCA Plan Amendment.  The BO includes numerous terms and conditions.  The BLM incorporated these terms and conditions into its final plan.  The Record of Decision was signed on December 27, 2002.

In September 1994, the Coachella Valley Association of Governments, representing the County of Riverside and the nine incorporated cities of the region, took the lead in developing a multi-species habitat conservation plan known as the Coachella Valley Multiple Species Habitat Conservation Plan.  The goal of the plan is to preserve habitat adequate to ensure long-term survival of the valley's unique ecosystem and to streamline the permitting process for development proposals on private lands.  The plan covers about 1.2 million acres, of which BLM administers about 330,000 acres.  It will serve as an implementation plan for the BLM, tiered to the Coachella Valley CDCA Plan Amendment. 

Western Colorado Desert Routes of Travel Plan Amendment

The Western Colorado Desert (WECO) planning area covers approximately 475,000 acres and approximately 2,320 miles of OHV routes of travel in Imperial County.  The BLM released the draft CDCA plan amendment and associated environmental assessment on October 18, 2002.  During the public comment periods for both the scoping phase and the draft plan amendment, public meetings were held in El Centro and San Diego. 

The BLM worked with the National Park Service to identify a segment of the route for the De Anza National Historic Trail that passes through BLM-managed land in Imperial County.  As part of the decision making process, the route for this segment of the trail was first publicly identified and designated as an open route.  The BLM also coordinated with California Department of State Parks and Recreation to identify a segment of the Back Country Discovery Route System that also passes through BLM-managed land in Imperial County.   

The BLM designated routes in the Yuha Basin Area of Critical Environment Concern (ACEC) as “OHV limited” in order to provide recreational touring opportunities in this unique resource area.  Many groups use this ACEC for various reasons including rock collecting, camping, and hiking. To accommodate camping in the ACEC, the BLM is creating six different camping areas.  In the Coyote Mountains, the BLM, in coordination with the FWS, considered various ways to allow for conservation of the endangered peninsular bighorn sheep population while allowing recreational use within its critical habitat.  To address this issue, the BLM incorporated a seasonal closure during the lambing season, while allowing use of the area outside of lambing season.  In the flat-tailed horned lizard management areas, vehicle camping and parking is allowed only within 50 feet of a route's centerline to prevent disturbance of the lizard’s habitat.

The proposed plan amendment was announced on December 13, 2002.  The Record of Decision was signed on January 31, 2003.