Imperial Sand Dunes Recreation Area - interim partial closure

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The Bureau of Land Management (BLM) and plaintiffs in a lawsuit filed in March 2000 against BLM concerning compliance with the Endangered Species Act, reached a settlement October 20, 2000 on certain restrictions on vehicle use in portions of the Imperial Sand Dunes Recreation Area in Southern California, to protect the Peirson's milk-vetch, a plant found nowhere else in the United States.

The settlement, filed with the U.S. District Court for the Northern District in San Francisco and pending final approval by that Court, is part of the ongoing overall settlement discussions resulting from a lawsuit filed against BLM by the Center for Biological Diversity, the Sierra Club, and Public Employees for Environmental Responsibility.  The basis of the suit is that BLM has not yet consulted with the U.S. Fish and Wildlife Service (FWS) on the effects of the California Desert Plan, covering more than nine million acres of land, on a number of threatened and endangered species.

Under an initial settlement approved earlier by the Court on August 25, 2000, BLM agreed that by January 31, 2001, the agency would enter into formal consultations with the FWS on the effects of the California Desert Plan, including any proposals for amendment which are completed by that date.  A detailed schedule has been agreed to and is specified in the approved court stipulation and order available from BLM.

In that initial settlement, the BLM and plaintiffs agreed to immediately enter into further settlement discussions in an attempt to agree upon interim measures necessary to comply with the Endangered Species Act.  The ESA places strict restrictions upon agencies with regard to activities which may take place pending formal consultation.  The Imperial Sand Dunes restrictions are the first interim measure agreed to by BLM and the plaintiffs.  A map and details of the restrictions determined necessary to protect the Peirson's milk-vetch, are available from BLM.  The restrictions on vehicle use in the popular Imperial Sand Dunes focus on closure of the central portion of the dunes, a smaller closure north of the wilderness area, and a 160-acre closure south of I-8.  The North-South sand highway and Patton Valley will not be closed.  If the Judge approves the October 20 settlement, the restrictions will be effective on the date of that approval.  BLM will publish closure notices implementing these restrictions, and plans to place signs around the closures before November 22, 2000.

While BLM and plaintiffs filed the settlement agreement October 20, Court approval is still pending.  However, BLM and the plaintiffs have no reason to believe the Court will not approve.  While these restrictions will be controversial and will impact the Dunes' visitors, BLM worked hard in the settlement negotiations to maintain public access while meeting its legal commitments to protect the listed plants under the Endangered Species Act.

This interim action, as well as any others that may be required to bring BLM into compliance with the Endangered Species Act, are considered interim measures pending completion of the consultation on the Plan required in the August 25, 2000 settlement.  BLM expects to have that consultation complete late next year.  However, other public land uses in the Desert may be subject to further remedial measures through ongoing settlement discussions between BLM and the plaintiffs before the Federal Court.  BLM will notify the public if these additional remedial measures become necessary.