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DOI-BLM-OR-P060-2006-0014-EA Recreation Area Plan Decision

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DOI-BLM-OR-P060-2006-0014-EA Recreation Area Plan Decision APPEALS Interior Board of Land Appeals 801 N. Quincy Street, Suite 300 Arlington, Virginia 703-235-3750 703-235-8349 (fax) March 27, 2012 IBLA 2011-2 ) DOI-BLM-OR-P060-2006-0014-EA ) DESCHUTES COUNTY 4-WHEELERS ) Recreation Area Plan & PACIFIC NORTHWEST FOUR ) WHEEL DRIVE ASSOCIATION ) Decision Affirmed ORDER The Deschutes County 4-Wheelers and Pacific Northwest Four Wheel Drive Association (appellant organizations, or collectively, DC4W) have jointly appealed1 an August 26, 2010, Decision Record (DR) and Finding of No Significant Impact (FONSI) of the Field Manager, Deschutes (Oregon) Resource Area, Prineville District, Bureau of Land Management (BLM), approving decisions to designate trails for motorized off-highway vehicle (OHV) use, in conjunction with adoption of the Cline Buttes Recreation Area (CBRA) Plan (Plan).2 BLM based the DR and FONSI on a September 2009 Environmental Assessment (EA) (OR-P056-06-0014), prepared The appeal was filed by Randell E. (Randy) Drake, Executive Director of the Pacific Northwest Four Wheel Drive Association (Association), a non-profit organization of member individuals and organizations in Oregon, Washington, and Idaho, which includes Deschutes County 4-Wheelers. The Association is said to be "committed to growing the sport of four wheeling, preserving access to our national lands for all users and working to enhance the environment." Notice of Appeal and Request for Stay (NA/Request) at 1. Drake is also associated with Deschutes County 4-Wheelers. See generally http;//www .pnw4wda.org/about_ us/index .htm. In this appeal, DC4W is mainly a proponent of motorized OHV use by Class II vehicles. According to BLM, Class II vehicles weigh more than Class I vehicles and are designed for off-road use ("basically, full size four-wheel drive vehicles or jeeps"). Response to Petition for Stay (Response) at 8 n.8. By contrast, Class 1 vehicles are less than 50 inches in width, weigh 800 pounds, and have three or more wheels ("essentially, a quad"), while Class III vehicles weigh less than 600 pounds and have two tires ("in essence, motorcycles"). Id.; see generally Upper Deschutes Record of Decision and Resource Management Plan (ROD/RMP), dated September 2005 (Administrative Record (AR) 6.1.32) at 180 ("Off Highway Vehicle (OHV) -unless otherwise stated, this generally refers to Class I all-terrain vehicles, Class II full width four-wheel drive vehicles, and Class III motorcycles."). IBLA 2011-2 pursuant to section 102(2) (C) of the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. § 4332(2)(C) (2006). DC4W also requested a stay of the effect of BLM's decision. By order dated December 13, 2010, the Board denied the request for a stay, ruling that DC4W had failed to meet the standards of 43 C.F.R. § 4.2 l(b). The Board specifically held that DC4W had failed to show a likelihood of success on the merits of its arguments that BLM's decision to close large areas of the CBRA to motorized OHV use violates (1) the land-use plan conformance requirement of section 302(a) of the Federal Land Policy and Management Act of 1976 (FLPMA), 43 U.S.C. § 1732(a) (2006), and (2) the environmental review requirements of section 102(2) (C) of NEPA. For the reasons that follow, we reject DC4W's arguments and affirm BLM's decision. BACKGROUND At issue is BLM's proposal to designate motorized OHV routes as part of a comprehensive plan for managing motorized and non-motorized recreational use of the CBRA, a 32,000-acre area of public and interspersed State, County, and private lands, situated in Deschutes County, in central Oregon. The CBRA consists of three buttes rising more than 1,100 feet, and features intervening canyons and other low land. The CBRA is a "popular OHV recreation area," being u[c]entrally located 3 The CBRA is situated within Ts. 14-16 S., Rs. 11 and 12 E., Willamette Meridian, Deschutes County, Oregon, "approximately five miles west of Redmond, five miles east of Sisters, and nine miles north of Bend." Response at 2. It provides an easily accessible 50-square mile area of public lands for public recreational use, with State Highway 126 running in an east-west direction across the northern half of the CBRA and U.S. Highways 20 and 97 to the southwest and southeast, respectively, of the area. The CBRA contains a total of approximately 377 miles of roads and trails, with 30 miles being State and County roads and 46 miles being subject to rights-of-way granted by BLM for private property access. See EA (AR 4.14.1) at 80, 81 (Table 37 (Existing Routes (All Routes Mapped on Public Lands, Including State/County Roads))), 97, 100-04. The buttes are situated in the east-central portion of the CBRA and encompass a total of approximately 8,316 acres of land in the CBRA, most of which (5,312) is public land. See EA at 82, Map 2 (Cline Buttes Planning Area). The southern butte consists of private land (Thornburgh property) and public land with a Federal Aviation Administration (FAA) navigation facility in a 123-acre withdrawal; the middle butte consists of public land with a communications site; and the northern butte is mostly private land (including Eagle Creek Resort and Cline Buttes Rock Pit). See id. at 69, 83. Each of the buttes is accessed by a road. See id. at 70, 83. The (continued...) IBLA 2011-2 within the fastest growing urban area in the State of Oregon." NA/Request at 3- see EA at 3-4, 68-72, 77-79. BLM's land-use management of the CBRA and surrounding public lands, totaling close to 400,000 acres within the Upper Deschutes area of the Deschutes Resource Area, is controlled and guided by the 2005 Upper Deschutes RMP. In this RMP, BLM recognized that the planning area had the fastest growing population in the State, with a corresponding growth in demand for year-round outdoor recreational opportunities. Such rapid growth was "placing increasing pressure on BLM urban interface lands." ROD/RMP at 103. The consequences were "high use levels, user conflicts, and resource impacts resulting from unmanaged recreation use throughout BLM administered lands in the planning area." Id. BLM stated that two of the principal objectives of the RMP were (1) to manage motorized OHV use on public lands "to provide visitor satisfaction, protect natural resources, provide visitor safety, minimize conflicts among public land visitors and adjacent landowners!;,] and integrate opportunities with adjacent land management agencies," and (2) to provide non-motorized recreation opportunities "to provide visitor satisfaction, protect natural resources, and minimize conflicts among public land visitors and adjacent land owners." Id. at 105, 108 (emphasis deleted). In response to the need for intensive recreational use management, the RMP designated most of the planning area as part of the High Desert Special Recreation Management Area (SRMA), composed of 13 sub-units, including the CBRA, and specified management direction with respect to each sub-unit, depending on the particular recreation emphasis in the sub-unit. See ROD/RMP at 103. The RMP designated the "majority" of the CBRA as "Multiple Use, Separated Facilities," which signified that all or part of the road and trail use would be managed "with separate routes and related facilities for motorized and non-motorized uses." Id. at 104. It also provided that the CBRA "will be managed for multiple recreation use, with some areas being designated specifically for non-motorized trail development, while other areas will have multiple use trails." Id. at 115, 116, RMP Map 4. The RMP further stated: Roads will be retained or developed in the Cline Buttes block to the extent necessary to ... create a reasonable and identifiable loop system for public use, particularly in the area between Barr Road and Fryrear 4 (...continued) other key scenic features of the CBRA are the Deep, Dry, Fryrear, Buckhorn, and other canyons located along the northern and western edges of the area. See id, at 68, 70-71. The canyons north of State Highway 126 have unimproved roads, while the canyons south of the highway do not. See id. at 70-71. IBLA 2011-2 Road. Trail development in the higher elevation portions of the buttes will be oriented toward providing non-motorized trails for hiking, mountain biking, and equestrian use. Multi-use trail system emphasis will be most heavily developed in center and north portions of the Cline Buttes block. In other areas, management of motorized use will emphasize motorized use on designated roads, with trails being used by non-motorized recreationists. Id. at 115-16 (emphasis added). The RMP thus focused motorized OHV use on the center and north portions of the CBRA, generally excluding the south portion of the CBRA. In terms of motorized OHV use, the RMP designated areas within the planning area as open, closed, or limited, pursuant to 43 C.F.R. Subpart 8342. See, e.g., ROD/RMP at 105-06; Arizona State Association of4-Wheel Drive Clubs, Inc., 165 IBLA 153, 156-57 (2005). It generally designated the vast majority of the CBRA, totaling approximately 27,246 acres, as "Limited to Designated Roads and Trails Year-Round." See ROD/RMP at 116, RMP Map 3, RMP Map 13; EA at 79. The RMP also adopted u[i]nterim [guidelines" for the use of existing roads and trails under BLM's jurisdiction in the CBRA and the rest of the planning area, which were known and mapped and displayed on RMP Maps 12-24. RMP at 107. The RMP noted that, in the case of areas designated as limited to designated roads and trails "[ejxistmg roads and trails will generally be open for use..
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