BLM draft Resource Management Plans
Photo by Don Gilman

On Friday, Jan. 22, the House Committee on Natural Resources is holding a public hearing in St. George regarding management restrictions in the BLM’s draft Resource Management Plans (RMP) for the Beaver Dam Wash and Red Cliffs National Conservation Areas (NCA) as well as the plans’ consistency with Washington County provisions in the Omnibus Public Land Management Act of 2009. The stated intent of this hearing is to address public concerns regarding the draft Resource Management Plans. In advance of Friday’s hearing, Citizens for Dixie’s Future released the following list of issues related to the hearing and their responses to those concerns.

Submitted by Susan Crook with Citizens for Dixie’s Future

PUBLIC INVOLVEMENT

ISSUE: Washington County has claimed generally that there have not been enough opportunities for local input in the planning process. County commissioner Victor Iverson has stated that: “All of our citizens need to join with us in making extensive comments on this plan,” Iverson said. “This plan, as far as the way I’ve been reading it leaves no user group unharmed.”

Published in the St. George News on 9/11/15 here

RESPONSE:

There have been many opportunities for local input in this planning process for the past 6 years. The initiation of the planning process was in May, 2010 with the publication of the notice that BLM was “scoping” for issues. This was accompanied by a public comment period with BLM receiving around 2,000 comment letters as well as 4 public meetings attended by hundreds of people. BLM held a two hour Economic Strategies Workshop, open to the public, on Feb. 8, 2011 “identify BLM management opportunities that further the social and economic goals of area communities.” Upon release of the Draft RMP, BLM held 3 open houses and took public comment on the document for a total of 120 days, which included a 30-day extension that was requested by the county and granted by the BLM. Many of these comments are highly supportive of various aspects of the BLM’s RMP, including recreation, conservation and other measures that seek to strike a balance for public lands in the county.

NORTHERN CORRIDOR

ISSUE: The county has claimed that BLM is in violation of the spirit of the agreement in the 2009 Omnibus with regards to the northern transportation corridor.

Alternative D is the only one that mentions a northern corridor, which county officials have been planned for decades.

Alternative D would designate a 6,350-acre utility and transportation corridor in the Red Cliffs National Conservation Area. However, the corridor runs north and south and would not help transportation officials build a route to move traffic east to west across the county.

Dixie Metropolitan Planning Organization Director Myron Lee said in an earlier interview that the BLM’s draft management plan states a much higher impact on the Red Cliffs NCA than MPO planners believe is accurate.

The county’s preferred northern corridor route would only impact 50 acres of the resource management plan area and 150 acres at the most of the Habitat Conservation Plan area, Lee said.

“(The proposed utility corridor) may satisfy the letter of the law,” Maloy said, “but it clearly doesn’t satisfy the spirit of the agreement.” Published in the St. George News, 9/9/2015, here

RESPONSE:

Section 1977(b)(2) of the 2009 Omnibus requires BLM to “identify 1 or more alternatives for a northern transportation route in the County” through the development of a travel management plan. BLM has yet to develop the travel management plan. In the Draft RMP, BLM has included 1 alternative for a right-of-way that would accommodate the county’s preferred northern transportation route through the Red Cliffs NCA. Note, BLM is not required to identify a northern transportation route through the Red Cliffs NCA but analyzed the alternative to accommodate the county’s request. In addition, according to the same provision in the Omnibus, BLM must consult with appropriate Federal agencies, State and tribal government entities and the public in addition to local governmental entities on the identification of 1 or more alternatives for a northern transportation route.

References:

LANDS WITH WILDERNESS CHARACTERISTICS (LWC)

ISSUE: The county claims that BLM is in violation of the 2009 Omnibus for identifying lands with wilderness characteristics in the RMP.

“[The Omnibus] states that a wilderness inventory is no long required in Washington County. Usually BLM is required to maintain and inventory of lands with wilderness characteristics so that Congress can have a chance to determine which lands should be designated as wilderness and which lands should be released. (See 43 USC sections 1711 and 1782.) With the passage of [the Omnibus], Congress made that determination for Washington County and released all of the land that was not designated as Wilderness.”

See, Washington County document in response to BLM FAQ on the Draft RMP, available here.

RESPONSE:

Under FLPMA Section 201 (43 U.S.C. § 1711), BLM is required to maintain an inventory of all public land resources, including areas with wilderness characteristics. Once identified, BLM may propose a range of management actions in RMPs under Section 202 (43 U.S.C. § 1712) to protect these wilderness characteristics or to manage the area for other resources. The County states that Omnibus Section 1972(c)(2)(A), which pertains to the release of Wilderness Study Areas, prohibits the identification of LWCs within the planning area. This section actually does not release BLM from having to inventory lands with wilderness characteristics as a resource in the planning area per Section 201 of FLPMA in Washington County. Instead, it releases BLM from having to identify, recommend and manage Wilderness Study Areas under Section 603(c) of FLPMA (43 U.S.C. § 1782). Neither this section of the Omnibus nor any other dissolves BLM’s FLPMA mandate to inventory and identify lands with wilderness characteristics during the land use planning process. Importantly, the preferred alternative in the Draft RMP identifies lands with wilderness characteristics in the county but does not propose to manage any of these lands to protect their wilderness characteristics.

References:

AREAS OF CRITICAL ENVIRONMENTAL CONCERN (ACECS)

ISSUE: The county claims that designating new ACECs are “backdoor wilderness” designations against the intent of the 2009 Omnibus.

The BLM draft plans propose three new areas of critical environmental concern (ACECs) in Alternative B to protect sensitive species like the Geirish mallow, which would impose restrictions on current mountain biking, OHV and hiking areas. These are not necessary to properly manage the areas and are the equivalent to “backdoor wilderness” designations, according to material provided by the county attorney’s office. Published in the St. George News, 9/9/2015, here

RESPONSE:

ACECs are areas within public lands where special management attention is required to protect and prevent irreparable damage to important historic, cultural, or scenic values, fish and wildlife resources and/or other natural systems or processes, and to contain natural hazards. FLPMA Section 103 (43 U.S.C. §1702(a)) and 43 CFR §1601.0-5(a)). Section 1979 of the 2009 Omnibus mandates BLM to identify areas in the County where biological conservation is a priority and undertake activities to conserve and restore plant and animal species and natural communities within such areas. BLM is using the existing planning tool of ACECs as authorized by FLPMA in order to identify and manage priority biological areas to fulfill this section of the Omnibus. However, BLM has only identified ACECs with priority biological features in this planning process rather than those with historic, cultural, scenic or other values beyond biological.

References:

BULL VALLEY MOUNTAINS MULTI–SPECIES MANAGEMENT AREA

ISSUE: The county claims that BLM does not have authority to allocate land for the proposed Bull Valley Mountains Multi-Species Management Area and that the Management Area creates unreasonable restrictions on OHV use and mining.

The draft plan proposes changing the county’s largest ATV open ride area near Bull Valley Mountains in western Washington County to a multispecies management area, Maloy said.

“And we haven’t been able to find anywhere in BLM regulations what a multispecies management area is,” Maloy said, “so how far they would be able to go in restricting access is sort of up in the air … but it will not be an open ATV ride area. So it will be the loss of the biggest open area in the county.”

There are no known protected species in the 87,000-acre area, Maloy said.

In addition, the area’s closure will eliminate access to active mining claims in the Mineral Mountain area, Maloy said. Published in the St. George News, 9/9/2015, here

RESPONSE:

The change of the “Gold Strike” OHV Open Area to “Limited to Designated Routes” is unrelated to the allocation of resources for the Bull Valley Mountains Multi-Species Management Area. The Gold Strike Open Area was converted to limited to designated routes due to the actual use of the area as well as the terrain making it undesirable and unfit for cross-country motorized travel. The Sand Mountain Open Area (21,442 acres) would remain for cross- country motorized use under all alternatives of the RMP.

As stated in the Draft RMP, the Bull Valley Mountains Multi-Species Management Area was identified as an area where biological conservation is a priority pursuant to Section 1979 of the 2009 Omnibus mandating that BLM identify areas in the County where biological conservation is a priority and undertake activities to conserve and restore plant and animal species and natural communities within such areas. Modeled after other wildlife movement corridor allocations in Arizona and Wyoming, this area would facilitate wildlife migration while strengthening the herd and creating greater opportunities for sportsmen. The Draft RMP specifically states that the area will continue to be available to mining and other uses. In addition, the preferred alternative has the following management prescriptions:

  • Make the area an avoidance area for new right-of-way construction rather than an exclusion area. However, BLM would continue to allow new and existing use of two large utility corridors (14,608 acres) in the management area.
  • Special stipulations, such as seasonal limitation for wildlife, would be applied to fluid mineral leasing.
  • BLM would work with UDWR and other interested parties to develop new wildlife water sources to maintain healthy populations of mule deer and other wildlife.
  • A combination of treatments could be used such as mechanical, biological and chemical to achieve management objectives.

References:

LIVESTOCK GRAZING

ISSUE: The county claims that the BLM is unreasonably restricting grazing in the RMP for the Beaver Dam Wash NCA.

Under the BLM’s preferred Alternative B, grazing utilization levels would be cut to 40 percent of the current year’s vegetation growth in designated critical habitat for the desert tortoise, Maloy said, and this would significantly reduce grazing from its current level.

Currently, there are over 3,000 animal unit months (AUMs) in the Beaver Dam NCA, but that number would go down if the draft plans remain unchanged.

The number would be set by a running 20-year average of actual use, not allowed use, Maloy said, which means that ranchers who voluntarily cut back cattle numbers in a dry year would lose AUMs in the long term. Published in the St. George News, 9/9/2015, here

RESPONSE:

The 40% utilization level is only applicable to critical habitat within the Beaver Dam Wash NCA. The rest of the public lands in the county (around 88% of the lands managed by BLM), including the Red Cliffs NCA and Wilderness areas, will keep the status quo with regards to grazing. Other proposed adjustments to grazing in the draft RMP’s range of alternatives for the Beaver Dam Wash NCA are within the legal limits of BLM’s discretion for management as set out in the 2009 Omnibus.

BLM was granted the discretion to manage grazing in the Beaver Dam Wash NCA specifically in Section 1975(e)(4) of the 2009 Omnibus, which states that “The grazing of livestock in the [NCA], where established before the date of enactment of this Act, shall be permitted to continue, (A) subject to (i) such reasonable regulations, policies, and practices as the Secretary considers necessary; and (ii) applicable law (including regulations); and (B) in a manner consistent with the purposes described in subsection (a). The purpose of the NCA described in subsection (a) is to “conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the [NCA].” BLM would be in violation of the law if it did not meet the purposes of the NCA as described in the legislation through management appropriate prescriptions in the RMP.

ISSUE: The following claim appeared in the St. George News: “Any grazing permits that are voluntarily relinquished would be permanently retired.” Published in the St. George News, 9/9/2015, here

RESPONSE:

This is false. The preferred alternative in the draft RMP states that when grazing permits are voluntarily relinquished, the permits would no longer be available for the life of the RMP. This would only apply to the Beaver Dam Wash NCA. See, p. 84, Draft RMP.

References:

WATER

ISSUE: The county and city of St. George claims that BLM proposes to take water rights through management of the NCAs.

City of St. George Mayor Jon Pike expressed grave concern over water rights, which could affect municipal wells which tap into the Navajo aquifer which lies underneath much of the Red Cliffs NCA.

“In both national conservation areas, they are proposing that they buy up all of the water rights: surface water, ground water, all point sources that are within the NCAs, and that they don’t authorize any uses that would export water from the NCAs,” Deputy Washington County Attorney Celeste Maloy told the county planning commission Tuesday. Published in the St. George News, 9/9/2015, here

RESPONSE:

The preferred alternative for the NCAs states that BLM will “pursue acquisition of surface and groundwater rights from willing sellers to benefit the conservation and protection of wildlife and improve aquatic habitats and riparian resources.” Draft RMP at 57 and 179. By only pursuing water rights in the NCAs from willing sellers, BLM strikes the balance of conserving, protecting and enhancing the resources of the NCAs while also recognizing valid existing rights; both of which are required by the 2009 Omnibus.

The preferred alternative for both NCAs also states that BLM will “work through the State of Utah’s water rights system to ensure that BLM obtains water rights on all inventoried point water sources (springs, seeps, wells, reservoirs, etc.) for authorized beneficial uses of water within the NCA, including wildlife, recreation, domestic use within visitor facilities, and the improvement of aquatic habitats and riparian resources.” Draft RMP at 57 and 179. This is in accord with BLM’s duty to manage the NCAs “in a manner that conserves, protects, and enhances the resources of the National Conservation Area” under the 2009 Omnibus. See, § 1974(e) and 1975(e).

Finally, the preferred alternative for the NCAs states that BLM will not “authorize land uses that would export water from the NCA.” Draft RMP at 57 and 179. It is our understanding that BLM will likely change or eliminate this provision in the Proposed RMP.

References:

LISTED SPECIES (INCLUDING CALIFORNIA CONDORS)

ISSUE: The county claims that BLM is authorizing reintroduction of listed species, such as the California condor, which will bring more regulation under the ESA to the area.

The resource management plan proposes that endangered California condors be introduced into the national conservation areas in the county, Maloy said.

Language in the draft management plans states that condors already in the county are part of an experimental population and so are not subject to the full protection of the Endangered Species Act.

However, if condors are introduced into the county’s national conservation areas, they will be fully protected, the same as the desert tortoise. Published in the St. George News, 9/9/2015, here

RESPONSE:

The preferred alternative for both NCAs states that BLM will “authorize the reintroduction, translocation, and population augmentation of special status species populations into current or historic habitats in the NCA, in coordination with USFWS and UDWR, to assist recovery and delisting of threatened or endangered species and preclude the need to list other at-risk species.” Draft RMP at 90. See, also, a similar statement with regard to California condors in the Draft RMP at 94. BLM is required under the ESA to take actions that lead to recovery and delisting of threatened and endangered species. The proposed reintroduction is one way to accomplish this goal, which is especially important in protected areas, such as the NCAs. Ultimately, the USFWS, in coordination with state and local agencies, has the responsibility for approving and implementing reintroduction of listed species.

In addition to the ESA, BLM was specifically charged by the 2009 Omnibus to identify areas in the County where biological conservation is a priority and undertake activities to conserve and restore plant and animal species and natural communities within such areas. See, Section 1979.

References:

RECREATION

ISSUE: The county claims that the RMP will significantly restrict recreation in the planning area by eliminating two open OHV play areas and changing the majority of the land from “limited to existing” to “limited to designated roads and trails” designations.

See, Washington County document in response to BLM FAQ on the Draft RMP, available here

RESPONSE: Section 1977(b)(1) of the 2009 Omnibus requires BLM to develop a comprehensive travel management plan for lands managed by the BLM in Washington County. As part of planning, BLM is required by its regulations to designate all public lands as open, limited or closed to off-road vehicles, and all designations are based on the protection of the resources of the public lands, the promotion of the safety of all users, and to minimize user conflicts. 43 C.F.R. § 8342.1. BLM designates roads and trails through a comprehensive travel management plan, thereby converting the areas currently designated as “limited to existing” roads and trails to “limited to designated roads and trails.”

The Gold Strike area is an existing OHV open area even though the landscape is heavily wooded, rocky and mountainous. BLM has determined that the area is unfit for open cross- country travel due to unsafe conditions, so it proposes to designate it as a limited to designated roads and trails area instead. The other open OHV area – the Sand Mountain Open OHV area will continue to be managed as an open play area under the RMP. Further, no routes will be closed under the RMP; route designation decisions will be finalized in the Travel Management Plan being released later this year. The public will have an opportunity to comment on BLM’s proposed route network at that time.

References:

ISSUE: The county claims that RMP will eliminate equestrian activities in Washington County, including competitive events.

Published in the St. George News, 9/9/2015, here

RESPONSE: The Draft RMP does not eliminate or restrict equestrian activities on BLM land in Washington County. Under the plan, BLM considers the broad needs of non-motorized recreation interest groups, including equestrians. The agency does not propose restrictions on equestrian access under any of the proposed alternatives. None of the three Recreation Management Zones proposed in the Beaver Dam Wash NCA or the four proposed in the Red Cliffs NCA would deny access for horseback riding. The Frontcountry and Backcountry RMZs limit non-motorized recreation, including horseback riding, to designated trails only, but cross- country equestrian travel would be permitted in all designated Primitive RMZs. Draft RMP, Table 2-32, at 156, and Table 2-66, at 273. Consequently, equestrian recreation in the NCAs is not heavily restricted under the draft plan.

Under the current management framework, competitive events are not authorized in either the Beaver Dam Wash NCA or the Red Cliffs NCA. Draft RMP, Table 2-31, at 151 and Table 2-65, at 267. For both areas, Alternatives B and D consider opening the NCAs to some competitive running and bicycling events, if certain conditions are met. Equestrian competitions, however, were never authorized in the NCAs and are not being considered under the draft plan. As a result, competitive equestrian events are not being eliminated since they were never allowed. Draft RMP, Table 2-31, at 150 and Table 2-65, at 267.

NATIONAL HISTORIC TRAIL MANAGEMENT CORRIDOR

ISSUE: The county claims that the 12,506 acre management corridor proposed for the Old Spanish National Historic Trail in the Beaver Dam Wash NCA is unreasonable and could lead to restrictions on grazing and could restrict or impede right-of-way properties along Old Highway 91. Published in the St. George News, 9/9/2015, here

RESPONSE:

BLM is required to consider and protect nationally recognized historic trails under the National Trail System Act of 1968. 16 U.S.C. §§ 1241 et seq. BLM must inventory and establish National Trail Management Corridors for National Trails deemed “of sufficient width to encompass National Trail resources, qualities, values and associated settings and the primary use or uses that are present or to be restored.” See, BLM Manual 6280, at 4-1. Numerous branches of the Old Spanish Trail (OST) are part of the National Historic Trail system, including some sections that cross through the Beaver Dam Wash NCA. To comply with federal policies, BLM is required to develop management corridors to protect the OST. The OST Management Corridor is only being designated through the Beaver Dam Wash NCA and not on adjacent lands in the St. George Field Office due to the narrow scope of the RMP Amendment for the field office.

If approved, the OST Management Corridor area would have no impact or a negligible impact on grazing or rights-of-way within the OST Management Corridor. The management corridor would only apply to public lands within the Beaver Dam Wash NCA, which are already protected under the 2009 Omnibus. For example, under the preferred alternative the OST Management Corridor would be designated with Visual Resource Management Class II, which is the same as the underlying Visual Resource Management class designation for the underlying NCA in the preferred alternative.

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