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September 2008 News of the desert from Sierra Club California/Nevada Desert Committee www.desertreport.org




                                                             BY TERRY WEINER


                                         AN ECOLOGICAL REDISCOVERY



                     The Dilemma Of Access

T
This issue of the Desert Report is focused on prob-                                        California desert from Bodie to the Mexican bor-
lems and solutions pertaining to management of                                             der. The desert areas are currently growing faster
the recreational activity which is most intrusive                                          than the rest of southern California.
and has the greatest impact in the desert: Off-Road                                              When the first European, Father Francisco
Vehicle (ORV) recreation. The problems described                                           Garces crossed the Mojave Desert in the late
                                                                                      CRAIG DEUTSCHE



are varied and proposed solutions are controver-                                           1700s, the trail he followed was 200 miles long
sial. The articles within these pages include a va-                                        but only a foot wide. Any creature or organism,
riety of information and perspectives. Consider                                            no matter how small, could cross it. Now we have
them with thought.                                                                         an extensive network of roads that bisect every
      As an introduction to the articles in this issue,                                    desert valley and mountain range. According to
rather than listing the California desert’s wonder-                                        Pavlik, “A conservative inventory found more than
ful resources, and in place of reviewing the importance of the des-     15,000 miles of paved and maintained roads, 21,000 miles of dirt
ert to humans or cataloguing the threats to the desert, I am going      roads, and 7,000 miles of vehicle-accessible washes traversing a
to introduce you to a wonderful new book titled: “The California        desert that is at most 230 miles wide and 430 miles long. Approxi-
Deserts – An Ecological Rediscovery” by Bruce M. Pavlik. I highly       mately 95% of the bioregion is within three miles of a road. Add
recommend this thought-provoking volume which beautifully de-           to that 500 miles of gas pipeline, 1,200 miles of rail, and 3,500
scribes for the layman how organisms interact with each other in        miles of power transmission lines to complete the fragmentation of
the arid environment. One of the delightful aspects of this book is     a once vast, whole, and remote land.”
that the author includes Homo sapiens as one of the many organ-              The details of human wanderings over the California desert
isms that have interacted with the desert. Pavlik describes ancient     during the past several hundred years and the marks they have left
and more modern desert travelers, their tolerance of and adapta-        will perhaps give us a better perspective on the increasing magni-
tion to desert conditions and their effect on desert landscapes.        tude of our presence in the desert. Considering our present and past
    This book describes the fragility of the California desert biore-   impacts from an historical perspective should enable us to more
gion. Despite its diversity and long history of constant change, “all   thoughtfully weigh our proposed plans for the desert as we go for-
forms and linkages of desert life, even when shaped by extreme          ward, because, as Pavlik says: “In a world where the fate of entire
conditions, become easily frayed when stresses are novel or too         ecosystems depends upon human values and attitudes, strict sci-
suddenly applied.” Bruce Pavlik reminds us that no species brings       ence falls short.”
change to a landscape as rapidly or completely as Homo sapiens,              Among the groups that are dealing directly with these issues
                                                                                                                                                ANDREA YOUNG




and of course we now bring more advanced technology with us to          and working toward solutions is the Alliance for Responsible Recre-
the desert as the human population explodes in this arid region. As     ation (ARR), a coalition of rural desert property owners and com-
of the 2000 census there were over 1.2 million people living in the                                                   Continued on page 14




Top: The desert on foot. Above: Solitude and quiet
BY BRENT SCHORADT

                                      CALIFORNIA’S STATE OHV PROGRAM


                                Opportunities For Better
                                  OHV Management
F
For the past three decades, California’s Off-Highway Vehicle (OHV)
Program has provided OHV grants to help manage off-road vehicle            IN THIS ISSuE SEPTEMBER 2008
recreation on California’s public lands with the bulk of the funding
going to BLM and Forest Service lands. The 2007 passage of Senate          The Dilemma Of Access  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 1
Bill 742, authored by Senator Darrel Steinberg, will result in signifi-
cant changes to the OHV grants program. If implemented correctly,
                                                                           California’s OHV Program: Opportunities For Better Management  .  .  .  .  . 2
changes to the program can provide opportunities for conservation-         ORVs Vs . Desert Landscapes  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 3
ists to improve OHV management on California’s public lands.               Solar In The California Desert: If We Put It Here, Where?  .  .  .  .  .  .  .  .  .  .  .  .  . 4
      Perhaps the most controversial aspects of SB 742 are provisions
                                                                           Federal Laws are Needed to Stop Damage  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 6
that remove the OHV grant approval authority from the Off-High-
way Motor Vehicle Recreation (OHMVR) Commission and place                  California Deserts And Economic Prosperity  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 8
that authority with the Director of State Parks. This portion of the       Permits & Rider Education Required  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 10
bill was particularly tough for the California Wilderness Coalition        Environmental Justice Short-Circuited  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 12
(CWC) to accept because the current OHMVR Commission has been
a strong voice for conservation and has shown immense leadership           Current Issues  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 15
by funding restoration and jumpstarting route designation efforts          Cattle Grazing For Grassland Management At Carrizo Plain  .  .  .  .  .  .  .  .  .  .  . 16
for California’s national forests. However, we believe that Senate         The Need For Effective ORV Legislation, Rules, And Regulations  .  .  .  .  .  .  . 18
Bill 742 will avert a return to the “bad old days” when anti-conser-
vation commissioners directed grant funding to open up sensitive
                                                                           Outings  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 20
public lands to motorized vehicles. The bill clearly spells out fund-      Access To Public Lands .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 22
ing levels for restoration and law enforcement and prevents future
commissions from redirecting funds to other purposes.
                                                                           DESERT REPORT ONLINE
Increased Funding for the Program                                          In addition to the updated “Outings” and the “News Updates”
     Funding for the state off-highway vehicle program comes pri-          sections, the on-line Desert Report now has a page for letters
marily from the off-highway portion of the California state fuel tax.      submitted by readers. It is intended that this will provide an
Every time Californians drive on dirt roads to hike, camp, fish or         opportunity for readers to respond to articles or concerns that
hunt, our fuel tax dollars go into the OHV Trust Fund. This fund           appear in previous issues of the Desert Report. Letters may be
pays for the OHV Grants program and also supports the operation            sent to the editor at (deutsche@earthlink.net).
of six State Vehicular Recreation Areas. All receipts from off-high-            Some articles in the Desert Report are accompanied by ref-
way vehicle registration, commonly known as “green sticker” fees,          erences in support of particular statements or views. Because
go into the state OHV trust fund as well.                                  the detailed documentation will be of interest to a relatively
     Senate Bill 742 raised OHV registration fees to increase rev-         small group of readers (and because printed space is expensive)
enues to the program. As a result the 2008-2009 grants budget was          these references will appear only in the “Letters” section on-line.
increased from $18 million to $25 million. Senate Bill 742 requires        The existence of these references will be noted at the end of the
that grant funding be allocated as follows: Restoration 25%; Opera-        relevant articles.
tions & Maintenance 50%; Education 5%; Law Enforcement 20%.
     If used appropriately, each grant category can fund projects          DESERT COMMITTEE MEETINGS
that benefit non-motorized outdoor enthusiasts while helping to            The next meeting will be held November 15-16 at Granite Cove
protect California’s treasured public lands. It is critical that conser-   in the East Mojave Preserve. Kate Allen will be the chair. The
vationists engage with local land managers and request that grant          following meeting will in Shoshone, CA, on February 7-8. We es-
applications go towards responsible OHV management and restora-            pecially encourage local citizens in the area to attend, as many
tion of closed roads, watersheds, wilderness and other areas dam-          of the items on the agenda include local issues. Contact Tom
aged by off-road vehicles. Below is an overview of pro-conservation        Budlong at (310-476-1731), tombudlong@roadrunner.com, to be
                                               Continued on page 14        put on the invitation list.


   2                                              DESERT REPORT SEPTEMBER 2008
BY HOWARD WILSHIRE

                                         ILLEGAL OFF-ROAD VEHICLE uSE




           ORVs Vs. Desert Landscapes
                                                                                                                                                    1




D
Disfiguring scars left on the landscape by ORVs are visible to every-
one who has driven through the Mojave Desert and other western
arid lands. Disfigurement is the least of our concerns. What the
scars represent is an opening of the land to accelerated soil erosion
by gravity, water (Figure 1), and wind (Figure 2), with negative ef-
fects that extend far beyond the borders of the scars. These effects
cannot be prevented by the planning and management practices




                                                                                                                                                                   HOWARD WILSHIRE
demonstrated at the State Vehicular Recreation Areas, and certain-
ly not by the absence of planning exemplified by federally operated
vehicular recreation areas. Alternatives are available.2
      It is not possible to drive vehicles on natural terrain without
causing damage, no matter how careful the vehicle operator. The
capability of modern ORVs to damage the environment varies with
the vehicles design and operation. Hikers, mountain bikers, and
                                                                                        Figure 2: Jawbone Canyon. The rib of exposed rock at the far left
equestrians also damage the natural landscape, though motorized                         side of Figure 1 is the same as that exposed at the far right side of
vehicles have a much greater capacity to cover and destroy land.                        this photo. An intense windstorm blowing down Jawbone Canyon
The least surface disturbance is caused when a vehicle is driven                        eroded large amounts of sand from the hillclimbs shown in Figure
                                                                                        1 and deposited much of it on the downwind slopes, shown here
slowly in a straight line on a flat, dry surface, but this of course                    as a light colored surface. Photo 1997.
would take the fun out of off-roading. The degree of impact is
greatly exacerbated by the capability of ORVs to negotiate steep,                       aged land carries soil pathogens harmful to humans and wildlife
difficult terrain -- precisely the land most susceptible to soil degra-                 (for example, valley fever). Other organic soil components that
dation and ensuing accelerated erosion.                                                 may be harmful to plants, and harmful inorganic soil components
      The physical effects of ORVs include reduction of soil stabil-                    such as asbestos, are also carried far from their sources. Water pol-
ity by elimination of vegetation, compaction, accelerated erosion,                      lution resulting from soil erosion adversely affects aquatic life. Toxic
along with pollution of the air and water. Soil compaction and loss                     components of vehicle emissions add to the damage, also reaching
of vegetative cover increase diurnal temperature ranges in the soil                     destinations far from their sources.
with unknown effects on soil biota. Stripping of the soil surface                            Accelerated erosion of ORV-disturbed areas3 has several causes:
increases reflectivity (albedo), which affects air temperature. Dust                    destruction of protective plant cover along with biological and in-
generated directly by ORVs and indirectly by wind erosion of dam-                       organic crusts such as pebble layers or mud crusts; compaction of
                                                                                        the soil, which causes rainfall to run off rather than infiltrate the
                                                                                        soils; and exposure of bare soils to wind erosion. On steeper slopes,
                                                                                        the vehicles themselves directly erode soil by continually displac-
                                                                                        ing it downslope. Deepening and widening of natural drainages by
                                                                                        increased runoff from ORV damaged areas can, and has, destroyed
                                                                                        large mature trees never touched by a vehicle (Figure 3).
                                                                                             A common focus on accelerated soil erosion emphasizes ero-
                                                                                        sion of land directly impacted by the vehicles.4 This ignores the
                                                                      HOWARD WILSHIRE




                                                                                        very large indirect effects of off-site erosion caused by diversion of
                                                                                        runoff from trails and roads and detrimental effects of diversions
                                                                                        on the vegetation that is denied its normal surface water supply.
                                                                                        Burial of vegetation by sediment eroded from ORV areas is an ad-
                                                                                        ditional adverse effect.
                                                                                             Erosion rates measured in ORV areas are much greater than
Figure 1: Deeply eroded hillclimbs, Jawbone Canyon, Mojave Des-                         natural rates, exceeding them by factors of 10-25, even on mod-
ert. Light colored areas are eroded to hard bedrock. Photo 1981.                                                                        Continued on page 7


                                                 DESERT REPORT SEPTEMBER 2008                                                                             3
BY ILEENE ANDERSON

                                       SOLAR IN THE CALIFORNIA DESERT




                              If We Put It Here, Where?

T
The California deserts provide some of the best solar radiation                 This new gold rush raises tough questions for conservationists.
in North America, according to the National Renewable Energy               We all want to significantly reduce our carbon footprint, and renew-
Laboratory (www.nrel.gov). Consequently, in their pursuit of               able energy is a must for replacing coal- and gas-burning power
renewable sources of energy, solar developers have inundated the           plants. But we also must ensure that we plan and develop renew-
California deserts and beyond with proposals to build vast indus-          ables in a way that protects the unique and precious ecosystems of
trial solar plants of various types.                                       the California deserts.
     As of May 2008, the Bureau of Land Management in                           How to balance these issues is complex, and many aspects of
California has received 67 applications for large-scale solar de-          the problem have been covered by others in previous issues of the
velopments, covering over 519,293 acres. Twenty five of these              Desert Report. (See Desert Report, March and June 2008) Certain-
applications are for photovoltaic systems. Another 18 are para-            ly placing industrial solar facilities as close to the energy user as
bolic trough collectors: mirrors that focus solar radiation to super-      possible is ideal because it cuts down on transmission losses and
heat liquids, which in turn heats water. The resulting steam then          provides energy where it is needed. Using existing disturbed lands
drives turbines that generate electricity (very much like typical          is another important factor to be seriously considered and perhaps
power plants). The remaining 24 applications use a mixed bag of            mandated.
solar technologies including solar concentration, power towers,                 We know there are many unique plants and animals on lands
solar hydrogen, solar thermal quad dishes, solar trough, Sterling          that may also be prime solar resources. Some of these are rare
                 engines, and others. To date, eight applications          and endangered species, and they frequently occupy habitat that
                    have been rejected by the BLM because of con-          has been designated critical. Other resources, like riparian areas
                        flicts with existing land-management plans         and water sources, are unique and rare in the desert landscape.
                            and conservation mandates. Several of          Knowing and avoiding impacts to the rare resources that make our
                                these decisions are being appealed by      deserts unique is key to any development of industrial scale solar
                                   the solar industry. The active ap-      in this area.
                                       plications are checkerboarded            In an effort to help steer solar development away from inap-
      wilderness                           around the California des-      propriate sites, the Center for Biological Diversity (CBD) collected
      areas
                                              erts, with some adjacent     many publicly available data sets on areas that contain rare and
                                                  to existing transmis-    unique biological resources. Maps have been prepared showing
   county boundaries                                 sion facilities and   myriad unique resources. These include state and national parks;
                                                         some not.         designated wilderness, wilderness study areas, and possible wilder-
                           solar proposals
                                                                           ness areas; federally designated critical habitats for listed plants and
                                                                           animals; Areas of Critical Environmental Concern (ACECs); Desert
                          DWMAs                                            Wildlife Management Areas (DWMAs); other designated conserva-
                                                                           tion areas; unusual plant assemblages; and locations of rare and
                                                                           endangered species. CBD also tapped all available information on
                                                                           linkages and corridors for wildlife, some of which was proprietary.
                                                                           Permission from authors, including the South Coast Missing Link-
                                       energy
                                       corridors                           ages, allows us to include these data. Examples of these maps ac-
                                                                           company this article.
                                                                                Many of the areas of the California deserts are already known
                                                                           to have significant and unique resources that need to be protected
                                                                           – and these are just the biological resources. Areas of special bio-
                                                                           logical significance tend to be located remotely, far from where a
                                                                           bulk of energy is used. These unique biological resources are far
                                                                           less common on previously disturbed lands, so we are encouraging
                           wildlife linkages                               industry and agencies to look at the possibility of industrial-scale
                                                                           solar siting in those disturbed areas instead of in areas that should
Southern                                                                   be protected.
California

  4                                                DESERT REPORT SEPTEMBER 2008
As with any mapping exercise, these
                                                                                                         data are biased to what we do know and
                                                                                                         where we have looked for rare resources.
                                                                                                         The areas that currently are not known to
                                                                                                         have any rare biological resources may ap-
                                                          critical
                                                          habitats                                       pear that way simply because no one has
                                                                                                         looked. California is a world-renowned
                   lakes
                                                                                                         biological hotspot. Surveys are labor in-
                                                                                                         tensive, expensive, and few private or
                                                       unusual plant                                     public land managers have the luxury
                                                       communities
                                                                                                         of initiating surveys. These data are
                                                                                                         often only collected when a change in
                solar proposals
                                                                                                         land management (i.e. proposed develop-
                                                                                                         ment of some sort) is proposed. Therefore,
                                                                                    energy
                                                                                    corridors            our mapping doesn’t necessarily show the
                                                                                                         absence of unique biological resources
                                                                                                         nor does it represent a “green light” for
                                                                                                         development. Some of those areas may be
                                                                                                         appropriate sites, particularly if they are
                                                                                                         previously disturbed, but ensuring so will
                                                                                                         require site-specific analyses.
                                  county boundaries
   wildlife linkages                                                                                          Thoughtful consideration of how
                                                                     Imperial County
                                                                                                         we will most efficiently and effectively
                                                                                                         achieve our carbon-reduction goals is
                                                                                                         clearly the path on which we must now
                                                                                                         embark. Careful placement of solar
                                                                                                         projects (including both rooftop and
                                                                                                         industrial) can ensure our commitment
                                                                                                         to reducing CO2 pollution while still
                                                                                                         respecting and preserving our unique and
                                     fort irwin                                                          world-class biodiversity.
                                     expansion

                                                                                                               Ileene Anderson is a biologist with
                                                                                                                   the Center for Biological Diversity
                                                                                                                      and coordinator of the Center’s
                                                                                                                         involvement in the siting of
                                                                                                                             solar energy facilities in
                                                                                                                                the desert.




                                                             energy
                                                             corridors




                                  wildlife linkages
                                                      solar proposals


                                                                                            wilderness
                                                                                            areas
                                                                        critical habitats




              county boundaries



San Bernardino County

                                                  DESERT REPORT SEPTEMBER 2008                                                                   5
BY PHILIP M. KLASKY

                         A NATIONAL APPROACH TO A NATIONAL CRISIS




                 Federal Laws Are Needed
                     To Stop Damage

R
Recent federal hearings in both houses of                                                           the perspective of a property owner who
Congress heard testimony from private                                                               has experienced ORV trespass at her own
property owners, conservation groups,                                                               home and in her community. Responding
tribal officials, and federal land manage-                                                          to Victoria’s testimony, the ranking Re-
ment administrators that off-road vehicles                                                          publican on the subcommittee agreed that
(ORVs) are a mounting national problem                                                              no one should have to suffer such threats




                                                                                               MARK HEUSTON
costing taxpayers millions of dollars and                                                           to their quality of life. Victoria’s spirited
threatening natural landscapes, rural                                                               testimony challenged the committee to
communities, and federal lands.                                                                     enact laws that will assist property owners
     Representative Raul Grivalja (D-                                                               and businesses throughout the country.
Arizona) and Senator Jeff Bingaman (D-                                                                The committee also received testimony
New Mexico) held hearings to bring attention to the widespread         from Native American leaders who reported on destructive impacts
damage to Forest Service and Bureau of Land Management (BLM)           of ORVs on reservation lands and cultural resources. The Cheme-
lands, areas of critical environmental concern (ACECs), designated     huevi Indian Tribe representative stated that “OHVs corrupt and
wilderness, and other federal lands off-limits to ORVs. The major-     permanently lay waste to vegetation, dirt roads, flood control
ity of federal land use administrators testified that problems with    works, sacred sites, and the natural landscape adding significant
ORVs are one of the biggest challenges they face and that they         costs to the Tribe’s efforts to protect and conserve our lands as well
have neither the funds nor policies in place to adequately address     as enforce our ideals. OHV riders seek uncorrupted landscapes to
the growing crisis. According to the Senate Committee on National      tear up and destroy and have no regard for sacred sites upon which
Resources, there are an estimated 43 million ORVs in the nation        we center our spirituality and religion.”
representing a multi-billion dollar business resulting in extensive         According to the non-profit Public Employees for Environmen-
damage to lands held in trust and escalating conflicts with other      tal Responsibility ORVs are the major threat to public lands.
federal land recreationists, private property owners, farmers, busi-        Even the ORV lobbyists agreed that fines and penalties must
nesses, and local law enforcement.                                     be increased. The committee found that federal agencies (with
     In his opening remarks, Senator Bingaman stated, “The chal-       some notable exceptions) were not adequately communicating
lenges of managing off-road use have grown dramatically, and it        or coordinating with the public at a time when federal lands are
appears questionable to me whether the BLM or Forest Service are       experiencing a dramatic increase in the volume of off-road vehicles.
able to properly manage this issue. A visit to any number of off-      The overwhelming scope of disorderly conduct, use of drugs and
road recreation sites on public lands, or a review of law enforce-     alcohol, illegal firearms, violence and criminal behavior at stagings
ment statistics, clearly demonstrates the scope and seriousness of     (large assemblies of vehicles) was identified as a significant drain
these challenges.”                                                     on law enforcement resources
     Section 302(b) of the Federal Land Policy Management Act               Federal managers complained of a lack of administrative
(FLPMA) requires the BLM to “take any action necessary to pre-         guidance and management plans to deal with the increase of ORV
vent unnecessary or undue degradation of public lands.” Accord-        related crimes and asked for help with the process of route designa-
ing to residents in communities across the country, BLM and other      tions. Local law enforcement reported that they were ill-equipped
federal land managers are failing to protect lands from activities     for the onslaught of ORVs from urban centers into rural communi-
that denude the environment of vegetation, permanently degrade         ties on holiday weekends
natural landscapes, destroy wildlife, watersheds, meadows and               The Congressional committees discussed the economic impacts
wetlands. In the southern California deserts, the BLM has been         of ORVs on federal lands and suggested that the agencies assess the
ineffective in controlling what former USGS geologist Dr. Howard       real costs in terms of increased and dedicated law enforcement, the
Wilshire has labeled “wheeled locusts.”                                drain on emergency services, conflicts between riders and private
     Community ORV Watch (COW) steering committee member               property owners, and damage to cultural and historical sites.
Victoria Fuller traveled to Washington, D.C. at the invitation of
the House of Representatives committee to provide testimony from       Top: Signs are a first step


  6                                            DESERT REPORT SEPTEMBER 2008
A physician representing the American Pediatric Association
provided dramatic testimony about the skyrocketing incidence              ORVs Vs. Desert Landscapes
of serious injuries for youth riding ORVs. Some of the commit-
tee members criticized ORV vendors for failing to do their part to        Continued FRoM page 3
encourage safe and legal riding, and, in fact, vendors continue to        erate slopes. In temperate climates, soils form at rates of about
target young people with an aggressive marketing message that ig-         2 to 3 inches per 1,000 years, much more slowly than soil is lost
nores the responsibility that riders have for their impacts on people     from ORV areas. In arid lands, many soils are relics of past wetter
and the environment and which invites trespass on virgin lands.           climates, and thus once lost cannot be replaced. Where soils are
      Local communities throughout the nation have enacted leg-           stripped by erosion to expose hard bedrock (Figure 1), a series of
islation to try to curb ORV abuse. In San Bernardino County an            processes must break up enough rock and weather it deeply before
ordinance was created that increased fines and penalties; estab-          biological process can convert the debris into soil, especially on
lished a process by which residents can seek judicial relief from         slopes. These processes probably require many millennia.
ORV nuisance and damage; limits large scale stagings; abates                   Much of the land, especially that under federal jurisdiction,
excessive noise, dust and nuisance; and requires written permis-          damaged by ORVs will never be actively assisted to recover. Nature
sion to ride on private lands. Although some local vendors have           will attempt to smooth out the damages once vehicles are removed,
been responsive to requests that they educate their customers, oth-       but it is a slow process (Figure 4). Forming a mature soil takes time.
ers have refused to inform riders about their responsibilities and        Destroying it can be accomplished in minutes. Restoring it takes
encourage riding where ever they wish.                                    decades to centuries, and restoring the community of life that in-
      Desert residents and conservationists are organizing to pass        habits the soil takes centuries to millennia if it is even possible.5
national legislation through a process that includes responsible
stakeholders. We have been impressed with some of the user’s              Howard Wilshire is a retired geologist with the USGS. His studies have
groups and lobbyists who recognize the need to reign in a destruc-        included environmental impacts of many human related activities in-
tive and disruptive force. Fines and penalties must more accurately       cluding off-road vehicular recreation, radioactive waste disposal, en-
match the costs associated with illegal and irresponsible activities      ergy developments, and utility corridor construction. Dr. Wilshire is
and must include confiscation of the vehicles. ORVs must have visi-       Board Chairman of Public Employees for Environmental Responsibil-
ble license plates and fees should reflect actual costs of law enforce-   ity (PEER), a national environmental organization, and has been a
ment and environmental restoration. Valuable and sensitive federal        long-time board member of the Desert Protective Council. References
lands must be completely off-limits to ORVs, routes must be clearly       cited in this article can be found in the on-line edition of the Desert
marked and illegal routes closed since single routes on federal lands     Report (www.desertreport.org) in the “Letters” section.
often become de facto open areas. Large format signage and infor-
mational kiosks are needed to inform riders where they can and
cannot ride, and public education must begin with the youth so that
they fully understand the environmental impacts of ORVs and learn
to act with respect and responsibility. And finally, there must be zero
tolerance for physical assault, internet stalking, harassment, and
intimidation of complainants, neighbors, or law enforcement.
      Community ORV Watch and the Alliance for Responsible




                                                                                                                                                    HOWARD WILSHIRE
Recreation are working with federal lawmakers and other groups
in crafting national legislation that will start to finally address the
scope of ORV impacts. We recently held a tour of areas in the high
desert for federal lawmakers so that they can see the damage first
hand and hear from residents who have suffered retaliation when
seeking relief. As a nation we must fulfill our responsibility to
                                                                          Figure 3: Hungry Valley SVRA. Extreme widening and deepening
future generations (intergenerational equity) to protect the pre-         of natural drainage by excessive runoff from ORV trails under-
cious lands that others have worked so hard to preserve for us and        cut and killed a large oak tree (distant); killed fallen oak trees in
that we have been tasked to hold in trust.                                foreground and middle ground; and has deeply undercut roots of
                                                                          still-standing tree at right. Photo 2008.
Philip M. Klasky is an environmental justice activist, teacher, writer,
cultural geographer and member of Community ORV Watch (www.
orvwatch.com) who divides his time between San Francisco and Won-
der Valley.
                                                                                                                                                    HOWARD WILSHIRE




  Internet Resources
   For a list of internet resources for federal ORV hearings, go
   online to www.desertreport.org and click on the “letters”
   button.
                                                                          Figure 4: Continued accelerated erosion of Tuttle Ridge, Red Rock
                                                                          Canyon State Park. The ORV damage was done while the land was
                                                                          under BLM jurisdiction. After transfer to the State, the area was
                                                                          closed to ORVs (1977). Photo 2003.

                                                 DESERT REPORT SEPTEMBER 2008                                                               7
BY MICHELLE HAEFELE AND ALICE BOND

                                                    DESERT ECONOMICS




                                  California Deserts And
                                   Economic Prosperity
C
California’s desert wildlands are an important source of biodiver-       to a region’s overall economic diversity. (See Figure 2.)
sity, wildlife habitat, open space, solitude and scenic beauty. They          Local communities with nearby protected wildlands reap mea-
are also an important economic asset for the surrounding commu-          surable benefits in terms of employment and personal income.
nities and for the entire state. For example, a 2004 report on the       Surveys indicate that scenic amenities and wildlife-based recreation
economic value of the lands included in the California Desert Pro-       – both of which are strongly supported by the California desert – mo-
tection Act of 1994 found that wildlands in the California desert
support nearly 3,700 jobs in the affected counties.                       Figure 1. Employment In The California Desert Region
      Research over many decades, from a variety of economists and
                                                                                                                         Percentage Of Total Employment
other scientists, shows that the economy of the American West is
                                                                                                            Professional &          Mining (includes oil          Farming &
dependent on more than just the extraction of raw materials. Pub-                                           Service Sector          & gas extraction)             Ranching
lic lands have long been a source of economic benefit to surround-        Imperial County’s
                                                                                                                   35%                          0%                    20%
ing communities, and the California Desert is no exception. In the        Desert Areas

past these benefits largely derived from the salable commodities          Riverside County’s
                                                                          Desert Areas                             41%                          0%                      9%
that can be extracted from the land, such as oil, gas, minerals, and
grazing opportunities. Yet communities throughout the West are in-        San Bernardino                           55%                        0.4%                      0.5%
                                                                          County’s Desert Areas
creasingly realizing that wildlands provide direct support for local
and regional economies by offering a scenic backdrop, recreation          California                               59%                       0.15%                      2%

opportunities, and a desirable rural lifestyle. These and other tan-      United States                            57%                      0.38%                       1.5%
gible and intangible amenities attract new residents, businesses,         Source: U.S. Department of Commerce, Census Bureau Data, compiled by the Economic Profile
and income to the rural West.                                             System for Communities (EPSC), available at: http://www.sonoran.org/eps/

      Key economic indicators that signal both a change in Califor-
nia’s economy and the health of the state’s communities include:
1) the rapidly expanding professional and service sectors, 2) the         Figure 2. Professional & Service Sector Employment in the
                                                                          California Desert Region
increasingly important role that recreation and tourism play in the
region, 3) the rise of small businesses and other entrepreneurial                                                            Administration and support and waste
                                                                                                                             management services 6%
endeavors, and 4) the growing importance of retirees.                         Accommodation and
      1) The professional and service industries are a vital part of          food services 17%                                               Others services 10%
regional economic health. These industries have been growing in
importance in California’s desert counties – accounting for 24% of
                                                                         Arts,                                                                           Information 4%
San Bernardino County’s personal income and 21% and 13% in               entertainment,
Riverside and Imperial Counties respectively. This sector is very        and                                                                                Finance and
                                                                         recreation                                                                         Insurance 4%
diverse – encompassing a wide range of occupations – from medi-          6%
                                                                                                                                                            Real estate and
cine to museums, from technology to tourism. The diversity of this                                                                                          rental leasing 3%
growing sector is important for sustainable economic well-being.
The proximity of protected wildlands, including those in the Cali-
fornia Desert, can serve to attract new businesses and is an impor-
                                                                         Health Care and                                                              Educational
tant factor in keeping the professional and service industries sector                                                                                 Services 16%
                                                                         Social Assistance
of the economy strong and growing.                                       28%
      The areas nearest to California’s deserts include parts of Impe-
rial, Riverside and San Bernardino Counties, and these areas also                                                                 Professional, scientific, and
                                                                                                                                  technical
show the current economic importance of the professional and ser-        Management of companies                                  services 6%
vice sector. (See Figure 1.)                                             and enterprises 0%
      The professional and service sector is diverse, encompassing a      Source: U.S. Department of Commerce, Census Bureau Data, compiled by the Economic Profile System for
wide range of occupations and making it an important contributor          Communities (EPSC), available at: http://www.sonoran.org/eps/




  8                                             DESERT REPORT SEPTEMBER 2008
tivate many firms to locate or stay in the West. Similarly, residents                                         West. Research has also shown that amenities including scenery and
of counties with wilderness cite the presence of that wilderness as                                           opportunities for outdoor recreation attract entrepreneurs and the
an important reason why they moved to the county, and long-term                                               highly skilled workers they will need to grow and prosper. On the
residents cite it as a reason they stay.                                                                      other hand, extractive-industry income in California has declined
     2) Outdoor recreation by residents and tourists alike is an                                              in the last 30 years, accounting for less than one percent of total
important component of California’s economy. Ten million people                                               personal income in the state. California’s people and communities
participated in wildlife activities (hunting, fishing and wildlife                                            have come to depend instead on the state’s natural amenities.
watching) in California in 2005, spending over $7.7 billion. Wild-                                                  This trend has been documented in detail for the areas im-
life watching accounted for 80% of total participation and 60% of                                             mediately surrounding the Carrizo Plain National Monument. This
expenditures. Maintaining habitat for the fish and wildlife sought                                            important and protected grassland has been the subject of a recent
by these recreationists is a wise investment for western commu-                                               study by The Wilderness Society which shows how the local com-
nities. Participants in active outdoor recreation such as hiking,                                             munities surrounding the Monument are poised to benefit from the
mountain biking and camping contribute $46 billion annually to                                                presence and protective management of this national treasure. Go
California’s economy and support over 400,000 jobs. The potential                                             to www.wilderness.org/california for a copy of the report.
economic impact of tourism in the region can be seen in terms of                                                    The report builds from research demonstrating a correlation be-
employment and the amount that tourists already spend. (See Fig-                                              tween the presence of protected public lands and economic growth
ures 3 and 4.)                                                                                                and applies a set of indicators to evaluate the regional characteris-
     Tourism can also diversify the local economies in two ways:                                              tics of the Carrizo Plain Economic Region. These indicators measure
First, industries associated with tourism can provide a range of jobs                                         attributes that have been found to correlate with the potential for
for workers in the region; second, people who visit the area as tour-                                         economic growth in rural counties. They include the presence of hu-
ists may choose the location for permanent residence.                                                         man amenities (such as scenery, healthcare and restaurants), skilled
                                                                                                              workers, innovators and entrepreneurs, as well as the capital and
 Figure 3. Travel Impacts in Some of California’s                                                             infrastructure to support them.
 Desert Counties                                                                                                    The report also evaluates the income and employment trends of
                                                                                                              the regional economies, which show a steady increase in the profes-
                                         Travel Spending                     Employment (jobs)
                                                                                                              sional/service sector. This sector is also shown to be the most stable
 Imperial County                          $272,900,000                                 4,550                  and diverse part of the local economies, even where industries such
 Riverside County                        $5,172,500,000                               62,160                  as energy development or agriculture, play an important role. The
 San Bernardino County                   $3,141,700,000                               42,210                  strength of the professional/service sector is a key consideration
                                                                                                              in concluding that the local economies will be able to achieve eco-
 Source: Dean Runyan Associates. 2007. California Travel Impacts by County
                                                                                                              nomic growth – growth that will benefit from the protection of the
                                                                                                              natural amenities of the Carrizo Plain National Monument.
                                                                                                                    What the report reveals for the Carrizo Plain National Monu-
 Figure 4. Percentage of Employment in the Tourism
 Industry in the California Desert Region
                                                                                                              ment area is also quite likely to be true of the communities near
                                                                                                              California’s other desert wildlands. The economy of rural California
 Imperial County’s Desert Areas                                                     6.77%                     is moving away from the extraction of natural resources and toward
 Riverside County’s Desert Areas                                                    14.13%                    the exploitation of the natural beauty of the state’s wonders to at-
                                                                                                              tract a diverse workforce primarily in the knowledge-based sectors.
 San Bernardino County’s Desert Areas                                              12.76%
                                                                                                                    Healthy, intact landscapes, like the California desert are
 United States                                                                      7.87%
                                                                                                              not just important for protecting plants and wildlife but also for
 California                                                                          8.18%                    ensuring sustainable, continued economic growth for the state’s
 Tourism consists of Arts, Entertainment, Recreation, Accommodation and Food Services. Source: U.S. Depart-   communities.
 ment of Commerce, Census Bureau Data, compiled by the Economic Profile System for Communities (EPSC),
 available at: http://www.sonoran.org/eps/
                                                                                                              Reference cited in this article can be viewed on-line at www.deser-
                                                                                                              treport.org. They can be found by clicking on the “letters” button.
      3) Entrepreneurs bring jobs and income to the region and have
been found to be an important indicator of an area’s overall eco-                                             Michelle Haefele, Resource Economist, joined the Wilderness Society
nomic health and potential future prosperity. Studies of the growth                                           in 2003 after working as a Post-doctoral Research Associate for the
of rural regions have linked entrepreneurial activity with long-term                                          USDA Forest Service and Colorado State University, where she partici-
economic growth.                                                                                              pated in research projects exploring public values and attitudes toward
      4) Retirees and investors drive one of the top “industries”                                             public lands. Her current projects explore the various economic and
in the state, with their income making up nearly one-quarter of                                               social aspects of public land management, including oil and gas devel-
California’s total personal income. Research has shown that many                                              opment and tourism.
entrepreneurs choose the location for their businesses after first
visiting an area as a tourist, and retirees also often make similar                                           Alice Bond, Public Lands Associate, has worked for The Wilder-
location decisions.                                                                                           ness Society since 2006 to protect the best of the Bureau of Land
      The presence of protected public lands, transportation, and                                             Management’s lands in California. Previously she has worked for the
communication infrastructure, along with access to larger markets                                             National Outdoor Leadership school and also as a consultant to
in metropolitan centers and recreation and scenic amenities, is                                               the National Park Service to develop a business plan for Hawaii
highly correlated with the strongest economic growth in the rural                                             Volcanoes National Park.


                                                                             DESERT REPORT SEPTEMBER 2008                                                                      9
BY STAN HAYE

                                                   A BOLD EXPERIMENT




          Permits & Rider Education Required

T
The Rand Mountain Area of Critical Environmental Concern (ACEC)         County Supervisor for the Rand area, Jon McQuiston, is strongly in
will soon be at the center of a unique experiment in the California     favor). As a result, terms under which the Rands could be reopened
Desert District. This area, closed to all Off-Highway Vehicle (OHV)     to OHV use were included in the West Mojave Plan (WEMO). These
activity since 2004, is now scheduled to reopen under a variety of      terms are meant to ensure that the 1993 Biological Opinion will be
constraints. The process has been long and complicated; the result      sustained. Specifically WEMO requires that a permit system and a
is still to be determined. It is an experiment that deserves careful    Rider Education Program be established, and that each OHVer in
watching, and it may prove to be an indicator of the future.            the Rands obtain and have on his person the permit which includes
      Up until 1980 the Rands were essentially an OHV open area,        a map of the open OHV routes. This is very important, as it is a
as was most of the desert. This changed with the signing of the         significant first in BLM OHV management.
California Desert Conservation Area Plan in 1980, and with the                BLM began developing this program about two years ago with
passage of the California Desert Protection Act in 1994 and the cre-    a Technical Review Team (TRT ) under the Desert Advisory Com-
ation of the Rand Mountain – Fremont Valley Management Area.            mittee. This TRT included representatives from BLM, Kern County,
The Rand Mountain ACEC was a part of this larger area. Before this      OHV users, and other stakeholders. The result was the stipulation
larger management area was established, up to 500 miles of OHV          that to obtain a permit under Phase 1, OHV users are required to
trails had been created, mostly by users and mostly not permitted.      read and understand regulations governing the area, most impor-
An Environmental Assessment (EA) was written and a Technical            tantly staying on designated OHV routes for both safety and envi-
Review Team (TRT) then studied the trail system and designat-           ronmental reasons. The exact contents of the permit are detailed in
ed 129 miles as open; the remaining OHV trails were designated          WEMO Chapter 2 and the 2006 WEMO Record of Decision. Phase 2
closed. Because the desert tortoise had been listed as a threatened     will put this information on a website, and after completing a ques-
species in 1991 (and the Rands had been designated as critical          tionnaire and printing a certificate the OHVer will be required to
habitat), a Biological Opinion was required. This stated that the       visit a designated BLM facility and take a short DMV type test (and
129 miles of OHV routes could remain open, but if there were high       perhaps a riding test) to validate the permit. Under both phases the
levels of non-compliance the routes must be closed. This statement      OHVer’s name and address will be recorded on the permit itself as
has been key to management ever since.                                  well as a copy retained by BLM so BLM will know who is legally in
      Based on this EA and Biological Opinion a great deal of resto-    the area.
ration work on closed OHV trails was done in 1996-1997. Closed                Kern County deserves a great deal of credit for implementing
OHV routes were blocked off, sometimes with signs, sometimes
with straw bales. In addition many closed OHV routes were elimi-
nated by ripping, vertical mulch, and sometimes by planting live
plants from a nursery. All of this, sadly, was a near total failure.
OHVs drove around signs and straw bales and trashed the restored
areas. Although only a minority of OHV users abused the land,
the trespass and damage could not be controlled with the limited
resources at BLM’s disposal.
      In 2002 the Center for Biological Diversity (CBD) initiated a
desert wide lawsuit against BLM management of the desert. The
Rands were included in this lawsuit. The eventual settlement of
this lawsuit required BLM to intensively monitor the area and re-
                                                                                                                                               CRAIG DEUTSCHE




port the results to the CBD. As a result, CBD notified BLM that
they would sue to close the area to OHV use, as the terms of the
1994 Biological Opinion were not being met. The BLM did close
the ACEC to OHV use in 2004.
      Which brings us to the present. There has been intense pressure
to reopen the area to OHVs by OHV users and by Kern County (the         Signs and Fence closing the Rand Mountain ACEC



  10                                            DESERT REPORT SEPTEMBER 2008
this system – Jon McQuiston has helped
a great deal. The Kern County Sheriff and
Planning Department and the BLM staff
have spent a great deal of staff time cre-
ating the map of open routes and writing
the Rider Education Guide which will be
on the back of the map. Kern County is
also paying for the first printing of the
map. In addition, the Friends of Jaw-
bone organization has obtained grants
and fenced several of the OHV trails in-
cluding the first two to be opened, and
BLM with the Student Conservation As-
sociation has done a great deal of addi-
tional signing, blocking of closed trails,
and habitat restoration work.
      BLM only recently was able to hire
a Recreation Planner, and, based on the
decisions in WEMO, plans to open the
first 8–10 miles of OHV trail in October
2008. Intensive monitoring and enforce-
ment is planned. “The most important
aim of BLM is to keep people on des-
ignated trails” says Hector Villalobos,
BLM Ridgecrest Field Office Manager. If
compliance is good then Phase 2 of the Grey area above is the Rand Mountain ACEC, Closure
permit system will be implemented and
more OHV trails opened. If not, the trails will be closed. Before                        On The Scene
the planned opening of the two routes an Environmental Assess-
ment will be issued, since an EA was issued when the routes were         On Friday, July 15, I visited the Rand Mountain ACEC which
closed.                                                                  is described in the accompanying article. As I drove the
      A lot is at stake here, not least the two million dollars of grant permitted road along the east boundary my purpose was
money the BLM spent in restoration of this area. If this elaborate       to photograph the area and directly see the results of the
permit and education system does not work and OHVers still insist        closure. It was an impressive tour.
on going off designated trails, I don’t think there is much hope that        The fence which defines about three-fourths of the
anything will work. Again, sadly, the only recourse will be for BLM      boundary is very much intact. It is four-inch wire mesh, rather
to again close the area to OHV use.                                      more difficult to cut than two or three strands of bare wire.
                                                                                         One might worry that this could compromise the mobility
                                                                                         of wildlife, but in fact it begins a foot above the ground - a
Stan Haye is a long time Sierra Club member living in Ridgecrest. He
                                                                                         hindrance to vehicles but not to animals. The road was signed
is active in the Owens Peak Group, is a member of the Advisory Coun-
                                                                                         regularly and clearly, and at any location where a rider/driver
cil to the Ridgecrest BLM, and works on issues such as ORVs, grazing,                    might be even tempted to leave the legal route there were
wilderness management and, mining.                                                       signs and straw bales to prevent cross-country travel. When
                                                                                         I looked across the fence into the ACEC the recovery of the
                                                                                         area was impressive. The flora was healthy; vehicle tracks
                                                                                         had almost entirely disappeared. The BLM had in effect
                                                                                         created a “wilderness” that was nearly pristine.
                                                                                              When discussions of ORV activity occur, one is of-
                                                                                         ten told that it is impossible to prevent damage: the cost
                                                                                         is too high; law enforcement personnel are too widely dis-
                                                                                         persed; rogue riders will pay no attention to restrictions. The
                                                                                         Rand Mountain ACEC is an absolute proof that it is possible
                                                                                         to close an area for sufficient time that resources recover.
                                                                                         Indeed, the costs both in money and in personnel were very
                                                                                         high, but with will and support it can be done. Now it is time
                                                                                         to hope that the success will be retained when roads in the
                                                                        CRAIG DEUTSCHE




                                                                                         area are reopened. Perhaps this experiment will be a guide
                                                                                         to the future.

                                                                                         Craig Deutsche, editor
                                                                                         Desert Report

Restoration behind signs and straw bales



                                                DESERT REPORT SEPTEMBER 2008                                                                         11
BY DONNA CHARPIED

                         DESERT LANDS AND COMMuNITIES ASSAuLTED




                        Environmental Justice
                           Short-Circuited

D
Desert Center, a small community midway between the San Gor-                Eagle Mountain Dump. After gaining local, state, and federal ap-
gonio Pass and the Colorado River, has been subjected to assaults           proval, the dump then was sold to the Los Angeles County Sanita-
by some of the most anti-environmental projects imaginable. The             tion District for $41 million dollars. This money is currently in an
greatest number of assaults is to the northwest, in the former Kai-         escrow account pending on-going litigation. If built as specified in
ser Steel mine area and its largely abandoned community of Eagle            its permits, this would become the world’s largest dump, occupying
Mountain. Almost completely surrounded by Joshua Tree National              3,481 acres north and west of the community, and uncomfortably
Park (JTNP) and some of its wilderness areas, one might think the           close to JTNP.
area free from danger. Not so.                                                    Transporting the massive amounts of waste from the Los An-
     The Joshua Tree National Monument was established in 1936              geles urban area to the site creates its own impacts, but Riverside
to protect and preserve the area’s botanic and geologic wonders.            County was lured by the prospects of employment and income from
During the Korean War a slice of land was removed from the monu-            an anticipated 20,000 tons daily dropped in the area. Contrary to
ment, forming the community of Eagle Mountain, so that the iron             public belief, the dump will not fill the massive east pit left behind
ore deposit could be exploited for the war effort. In 1984 the mon-         from Kaiser’s mining operations but primarily will fill virgin, un-
ument was designated a World Biosphere Reserve, and in 1994                 used canyons and lands which are home to the desert tortoise, big-
it became a National Park with 234,000 acres added, much of it              horn sheep, mountain lions, and other threatened and endangered
wilderness. The giant pits left by 40 years of extraction and the           animals and plants.
community of Eagle Mountain remain.                                               The trash trains would run within 500 feet of the Eagle Moun-
                                                                            tain Elementary School. Recent studies conducted by Dr. John
Eagle Mountain Dump                                                         Froines, UCLA professor of Toxicology and Occupational Hygiene,
When the steel plant closed, the employees’ retirement fund re-             have determined that there is a strong risk of cancer from diesel
ceived the mine site in the settlement of assets, and Mine Reclama-         emissions in addition to 100 or more non-cancer effects. Particulate
tion Corp (MRC), a subsidiary of Kaiser Steel, was created. Kaiser          Matter (“PM”) of less than 1 micron, or ultra fine particles from die-
has been seeking ways to generate income from the property ever             sel, is a significant exposure risk Additionally, the dump will pump
since. The first proposal, which appeared in the 1980s, was for the         5,000 tons of other pollutants a day into the region, not includ-
                                                                                                    ing pollutants from mobile sources. Subtitle
                                                                                                    D promulgation studies by Geosyntec, an en-
                                                                                                    vironmental consulting firm, indicate further
                                                                 Aq




                                                                                                    that dump liners will leak 21 gallons per acre
                                                                    u
                                                                   ed
                                                                      uc




                                                                                                    per day with even the very best available con-
                                                                        t




                                    Eagle Mountain
                                                                                                    trol technology due to manufacture errors,
                                                                                                    pinholes, and seam leaks. Community and en-
                                                                                                    vironmental lawsuits against the dump have
                                                                                                    been successful but have been appealed by
                                                                                                    the dump proponents and the agencies. This
       Joshua Tree National Park                                                                    appeal was heard in the 9th Circuit Court of
                                                                                                    Appeals on December 6, 2007. A ruling has
                                                                                                    not yet been issued.

                                                                                                  International Program Group
                                                                                                        Another abusive land project in the area
                                               rsta
                                                   te 10                                          began in July 2006 when marines from Camp
                                           Inte
                                                                                                  Pendleton as well as private contractors “oc-
                                                                                                  cupied” Eagle Mountain. Activities included
                                                                                                  detonation of ordnance, cannon fire, machine


  12                                              DESERT REPORT SEPTEMBER 2008
dilapidated railroad to transport equipment to the site. This project
                                                                                          includes construction of a cement batch making plant. This project
                                                                                          appears to be highly speculative, and there is only minimal infor-
                                                                                          mation available to the public. The Center for Community Action
                                                                                          and Environmental Justice submitted a Freedom of Information Act
                                                                                          request to learn more about the specifics of the project, i.e. maps,
                                                                                          development plan etc., but the BLM denied the request. According
                                                                                          to current BLM reports, permit applications for solar energy devel-




                                                                         DONNA CHARPIED
                                                                                          opments include a total of 38,287 acres in Eagle Mountain/Desert
                                                                                          Center. Since the moratorium on applications was recently lifted,
                                                                                          more applications are expected.
                                                                                                The second developer, Eagle Crest Energy Company (“ECEC”),
                                                                                          intends to utilize the Eagle Mountain mine site to produce elec-
Military exercises beside the elementary school in Eagle Mountain                         tricity through pumped water storage for peak use periods. This
                                                                                          project received its preliminary permit in March 2005 from the Fed-
gun fire, and helicopter maneuvers, involving thousands of troops,                        eral Energy Regulatory Commission. Water for the project would
heavy equipment, tanks, personnel carriers, and everything neces-                         initially be pumped from designated water wells in the Chuckwalla
sary to train troops.                                                                     Valley up to the abandoned east pit. During periods of low electri-
     Evidently the military activity was being conducted without                          cal demand the water would next be pumped to the much higher
environmental review and with no agency or public input as we                             elevation central pit. When electrical demand peaks, the water in
cannot find any notices of their preparation. The area being uti-                         the central pit storage would turn large turbines as it flows back to
lized is surrounded on three sides by Park wilderness and is next to                      the east pit. To initially fill the east pit will require 8 billion gallons
the elementary school. During school hours acrid odors emanated                           of water, and take two years. ECEC also intends to install windmills
from the area, while the community’s elementary school was used                           to power their pumps.
as a command center. Marine officers at Camp Pendleton said, “We                                Studies conducted in the past indicate that there will be signifi-
are exempt from environmental review.”                                                    cant environmental impacts to the local community as well as the
     The site is home to the threatened desert tortoise – just north                      Park. If approved, the project will further deplete the aquifer below
of the defunct mine is the Pinto Basin, home to the healthiest tor-                       the Chuckwalla Valley which is already in overdraft. Citizens have
toise population in California – and as desert activists know, raven                      voiced strong concerns about potential impacts to the environment
predation of baby tortoises is a major problem. The military and                          and to the local residents who depend on the desert’s natural re-
private military contractors apparently were not trained and did                          sources. ECEC held its first stakeholders meeting on April 8, 2008,
not practice proper practices to discourage ravens (notorious gar-                        as required by FERC regulations. This project, proclaimed as “green
bage pickers). Local residents report that they have never seen                           energy,” has been on the books since 1991. (For more information
so many ravens flock to the site as they have since the training                          see: http://www.eaglemountainenergy.us/index.html.)
began.
     While Kaiser claims that the troops are being trained on the                         Water Storage proposal
5,400 acres of land they own, the Marines claimed they were train-                        The Metropolitan Water District of Southern California (MWD) has
ing on 10,000 acres. Were the Marines running tanks, personnel                            proposed what it calls the Upper Chuckwalla Valley Water Storage
carriers, jeeps etc., over public lands? Other open questions remain                      Project. MWD is a quasi-governmental agency whose mandate is
in the absence of environmental review: How is the waste being                            to supply drinking water for more than 18 million Southern Cali-
handled? Is wildlife protected from direct and collateral damage                          fornians. In the 1930’s, an aqueduct was built from the Colorado
from the equipment and ordinance? How will they clean up the                              River and conveys water to various pumping stations throughout
unexploded ordinance? Are they using depleted uranium in shell                            the desert and to its ultimate destination, Lake Matthews. The open
casings?                                                                                  aqueduct flows next to the Park, and to a pumping plant located in
     On April 17, 2007, Plaintiff’s in the successful federal case                        the Eagle Mountains. The planned project will pump water from
against Eagle Mountain, heard by Judge Robert Timlin, petitioned                          the Pinto Basin (in JTNP) into the aqueduct and pump Colorado
the Court to enforce its previous ruling of September 21, 2005.                           River water from the aqueduct onto the desert floor, allowing it to
[The ruling is lengthy, but can be found at www.ccaej.orgo.] Al-                          percolate into another underground water basin. During times of
most immediately after the petition was filed the U.S. Marines left,                      drought, extraction wells will pump water from this basin back into
but the private contractors (aka mercenaries), apparently uncon-                          the aqueduct.
cerned, stayed.                                                                                One of the stated reasons for the project is to dilute the pol-
                                                                                          luted river water which contains perchlorate (an oxidizer used in
Energy Development at Eagle Mountain                                                      developing rocket fuel that disrupts the thyroid, creating problems
    Kaiser also appears to be exploiting the opportunity to cash in                       with metabolism, reproduction, development and cancer in chil-
on the general search for sites to produce energy. In a first project,                    dren) with the Chuckwalla Basin’s clean water. Concerns include
OptiSolar, is seeking permits to place solar panels over 7,000 acres                      perchlorate precipitating on the surface, then becoming airborne
of native desert, very close to the Park. They are in negotiations                        from winds, and being taken up by plants and eaten by animals.
with Kaiser for water and are entertaining the idea of using the                                                                           Continued on page 19



                                                 DESERT REPORT SEPTEMBER 2008                                                                                13
The Dilemma Of Access                                                    Better OHV Management Opportunities
Continued FRoM page 1                                                    Continued FRoM page 2
munity groups, small community-based non-profits, and conserva-          projects for which conservationists can encourage land managers
tion organizations. They were successful in crafting and passing an      to apply. Since law enforcement funding will be allocated on a for-
ORV ordinance for San Bernardino County in 2006. When attempts           mula based system, I am focusing on the grant categories that the
to weaken this ordinance arose in 2007, ARR and its members were         public may more easily influence.
successful in defending it. Members of the ARR continue to work
with the Off Highway Vehicle Division of State Parks to improve          Operations and Maintenance: Road Maintenance for Non-
the ORV program and regulations. Members have spent weekends             Motorized Recreation
disguising illegal routes, banging in fence posts, and document-              For the first time the OHV grants program will give additional
ing intrusions into closed areas. They have worked to restore a          consideration to Operations and Maintenance projects that provide
historical home site in the Morongo Basin and have written infor-        access to non-motorized recreation. The maintenance of gravel and
mational pamphlets in cooperation with local agencies on where           dirt roads that lead to hiking trails, campgrounds and wilderness
to ride ORVs legally. They have taken photos of smashed plants,          areas should receive priority under the new grants program. In ad-
of vandalized route closure signs, and other damage to public and        dition, soil conservation projects to repair degrading roads are an
private land. A member of ARR was invited to present testimony at        eligible project under the Operations and Maintenance category.
the March 2008 Congressional hearing on ORV impacts on public            Given the growing maintenance backlog on Forest Service and BLM
lands. ARR representatives have traveled to Sacramento to edu-           roads, it is critical that conservationists contact their local land man-
cate legislative staff about the need for higher fines and more law      agers to encourage grant applications that maintain the dirt roads
enforcement funding, and they continue to assist local sheriffs in       used by non-motorized outdoor enthusiasts. Otherwise OHV Trust
obtaining law enforcement funding to manage ORV abuse in the             Fund dollars could be spent on the construction of new staging areas
desert communities.                                                      and facilities for dirt bike and ATV use in the quiet backcountry.
      Another group actively working to preserve the desert is the
Sierra Club CA/NV Desert Committee, a member of the ARR. At              Restoration Funding to Remove unnecessary Roads and
its August 2007 quarterly meeting, the Desert Committee formed           Repair Damaged Lands
an ORV Issues subcommittee which has embarked upon a multi-                   Despite the growing need to restore closed roads and to repair
faceted campaign to raise the priority of ORV impacts with the           wild places that have been damaged by off-road vehicle use, last
state Sierra Club, and with our state legislators, the media, and the    year more than $2.6 million in available restoration grant fund-
general public. We have sponsored service projects on BLM land           ing remained untapped by federal land managers. Senate Bill 742
to assist in maintaining travel route signs and disguising illegal       makes clear that non-profit organizations may apply for restoration
ORV routes. We have helped restore damaged areas, crafted a wil-         funding and that planning for restoration projects is an eligible ex-
derness monitoring handbook, and continued our involvement in            penditure. It is critical that conservationists encourage the Forest
crafting state legislation. We will be participating in the California   Service and BLM to move forward with restoration projects that
Air Resources Board hearings on global warming emissions to urge         remove unauthorized vehicle routes from the landscape and repair
the inclusion of recreational ORVs in the calculation of state global    damage caused by off-road vehicles.
warming emissions.
      Can the desert recover from all the fragmentation and im-          Education
pacts that humans have inflicted? Knowledge of how biodiversity               Across California, land managers are struggling to keep off-
is maintained and how ecological processes work is essential but         road vehicles on designated routes. The education fund can be used
not sufficient to this task. Addressing the future of the California     to teach environmental ethics to off-road vehicle enthusiasts, along
desert, Pavlik suggests: “There must be an honest assessment of          with their clubs, and to inform riders that they must stay on desig-
how we, an imperfect but well-meaning species, threaten resources        nated routes or risk fines. We must all work together to ensure that
and compromise the future of this arid bioregion.” Once the threats      off-road vehicle riders stay on designated routes and avoid damag-
are known and acknowledged, science can be used to heal some             ing fragile ecosystems and vegetation.
of the wounds. Ultimately, the future of our desert will depend
upon weaving together our knowledge of how things work and               Next Steps
of the key role we play in the natural processes. We need a more              Conservationists can help improve OHV management by
honest perception of what we have done to the desert by regarding        encouraging the BLM and Forest Service to apply for restoration
it as a “resource” for recreation, energy development, golf courses,     funding to restore and decommission unnecessary roads. Support-
housing, water, etc, etc. We need a much more reverent attitude          ing operations and maintenance grants to maintain the dirt roads
and approach to this precious irreplaceable part of our planet’s         used by hikers, backpackers, campers and anglers who pay OHV
natural heritage.                                                        fuel taxes will also help improve OHV management.

Terry Weiner is a resident of San Diego, a long time desert activist,    Brent Schoradt worked as deputy policy director for the Calif. Wilderness
and is currently the Imperial County Coordinator for the Desert Pro-     Coalition from fall 2005 – August 2008. Before joining CWC he worked
tective Council. She is chair of the subcommittee dealing with ORV       two years managing the open space protection campaign for Greenbelt
issues within the Desert Committee.                                      Alliance. As a fourth generation Californian, he is an avid hiker, back-
                                                                         packer, and bicyclist. He recently left CWC to begin law school.


   14                                            DESERT REPORT SEPTEMBER 2008
September 2008 Desert Report, CNCC Desert Committee
September 2008 Desert Report, CNCC Desert Committee
September 2008 Desert Report, CNCC Desert Committee
September 2008 Desert Report, CNCC Desert Committee
September 2008 Desert Report, CNCC Desert Committee
September 2008 Desert Report, CNCC Desert Committee
September 2008 Desert Report, CNCC Desert Committee
September 2008 Desert Report, CNCC Desert Committee
September 2008 Desert Report, CNCC Desert Committee
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September 2008 Desert Report, CNCC Desert Committee

  • 1. September 2008 News of the desert from Sierra Club California/Nevada Desert Committee www.desertreport.org BY TERRY WEINER AN ECOLOGICAL REDISCOVERY The Dilemma Of Access T This issue of the Desert Report is focused on prob- California desert from Bodie to the Mexican bor- lems and solutions pertaining to management of der. The desert areas are currently growing faster the recreational activity which is most intrusive than the rest of southern California. and has the greatest impact in the desert: Off-Road When the first European, Father Francisco Vehicle (ORV) recreation. The problems described Garces crossed the Mojave Desert in the late CRAIG DEUTSCHE are varied and proposed solutions are controver- 1700s, the trail he followed was 200 miles long sial. The articles within these pages include a va- but only a foot wide. Any creature or organism, riety of information and perspectives. Consider no matter how small, could cross it. Now we have them with thought. an extensive network of roads that bisect every As an introduction to the articles in this issue, desert valley and mountain range. According to rather than listing the California desert’s wonder- Pavlik, “A conservative inventory found more than ful resources, and in place of reviewing the importance of the des- 15,000 miles of paved and maintained roads, 21,000 miles of dirt ert to humans or cataloguing the threats to the desert, I am going roads, and 7,000 miles of vehicle-accessible washes traversing a to introduce you to a wonderful new book titled: “The California desert that is at most 230 miles wide and 430 miles long. Approxi- Deserts – An Ecological Rediscovery” by Bruce M. Pavlik. I highly mately 95% of the bioregion is within three miles of a road. Add recommend this thought-provoking volume which beautifully de- to that 500 miles of gas pipeline, 1,200 miles of rail, and 3,500 scribes for the layman how organisms interact with each other in miles of power transmission lines to complete the fragmentation of the arid environment. One of the delightful aspects of this book is a once vast, whole, and remote land.” that the author includes Homo sapiens as one of the many organ- The details of human wanderings over the California desert isms that have interacted with the desert. Pavlik describes ancient during the past several hundred years and the marks they have left and more modern desert travelers, their tolerance of and adapta- will perhaps give us a better perspective on the increasing magni- tion to desert conditions and their effect on desert landscapes. tude of our presence in the desert. Considering our present and past This book describes the fragility of the California desert biore- impacts from an historical perspective should enable us to more gion. Despite its diversity and long history of constant change, “all thoughtfully weigh our proposed plans for the desert as we go for- forms and linkages of desert life, even when shaped by extreme ward, because, as Pavlik says: “In a world where the fate of entire conditions, become easily frayed when stresses are novel or too ecosystems depends upon human values and attitudes, strict sci- suddenly applied.” Bruce Pavlik reminds us that no species brings ence falls short.” change to a landscape as rapidly or completely as Homo sapiens, Among the groups that are dealing directly with these issues ANDREA YOUNG and of course we now bring more advanced technology with us to and working toward solutions is the Alliance for Responsible Recre- the desert as the human population explodes in this arid region. As ation (ARR), a coalition of rural desert property owners and com- of the 2000 census there were over 1.2 million people living in the Continued on page 14 Top: The desert on foot. Above: Solitude and quiet
  • 2. BY BRENT SCHORADT CALIFORNIA’S STATE OHV PROGRAM Opportunities For Better OHV Management F For the past three decades, California’s Off-Highway Vehicle (OHV) Program has provided OHV grants to help manage off-road vehicle IN THIS ISSuE SEPTEMBER 2008 recreation on California’s public lands with the bulk of the funding going to BLM and Forest Service lands. The 2007 passage of Senate The Dilemma Of Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Bill 742, authored by Senator Darrel Steinberg, will result in signifi- cant changes to the OHV grants program. If implemented correctly, California’s OHV Program: Opportunities For Better Management . . . . . 2 changes to the program can provide opportunities for conservation- ORVs Vs . Desert Landscapes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ists to improve OHV management on California’s public lands. Solar In The California Desert: If We Put It Here, Where? . . . . . . . . . . . . . 4 Perhaps the most controversial aspects of SB 742 are provisions Federal Laws are Needed to Stop Damage . . . . . . . . . . . . . . . . . . . . . . . . 6 that remove the OHV grant approval authority from the Off-High- way Motor Vehicle Recreation (OHMVR) Commission and place California Deserts And Economic Prosperity . . . . . . . . . . . . . . . . . . . . . . . 8 that authority with the Director of State Parks. This portion of the Permits & Rider Education Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 bill was particularly tough for the California Wilderness Coalition Environmental Justice Short-Circuited . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 (CWC) to accept because the current OHMVR Commission has been a strong voice for conservation and has shown immense leadership Current Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 by funding restoration and jumpstarting route designation efforts Cattle Grazing For Grassland Management At Carrizo Plain . . . . . . . . . . . 16 for California’s national forests. However, we believe that Senate The Need For Effective ORV Legislation, Rules, And Regulations . . . . . . . 18 Bill 742 will avert a return to the “bad old days” when anti-conser- vation commissioners directed grant funding to open up sensitive Outings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 public lands to motorized vehicles. The bill clearly spells out fund- Access To Public Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 ing levels for restoration and law enforcement and prevents future commissions from redirecting funds to other purposes. DESERT REPORT ONLINE Increased Funding for the Program In addition to the updated “Outings” and the “News Updates” Funding for the state off-highway vehicle program comes pri- sections, the on-line Desert Report now has a page for letters marily from the off-highway portion of the California state fuel tax. submitted by readers. It is intended that this will provide an Every time Californians drive on dirt roads to hike, camp, fish or opportunity for readers to respond to articles or concerns that hunt, our fuel tax dollars go into the OHV Trust Fund. This fund appear in previous issues of the Desert Report. Letters may be pays for the OHV Grants program and also supports the operation sent to the editor at (deutsche@earthlink.net). of six State Vehicular Recreation Areas. All receipts from off-high- Some articles in the Desert Report are accompanied by ref- way vehicle registration, commonly known as “green sticker” fees, erences in support of particular statements or views. Because go into the state OHV trust fund as well. the detailed documentation will be of interest to a relatively Senate Bill 742 raised OHV registration fees to increase rev- small group of readers (and because printed space is expensive) enues to the program. As a result the 2008-2009 grants budget was these references will appear only in the “Letters” section on-line. increased from $18 million to $25 million. Senate Bill 742 requires The existence of these references will be noted at the end of the that grant funding be allocated as follows: Restoration 25%; Opera- relevant articles. tions & Maintenance 50%; Education 5%; Law Enforcement 20%. If used appropriately, each grant category can fund projects DESERT COMMITTEE MEETINGS that benefit non-motorized outdoor enthusiasts while helping to The next meeting will be held November 15-16 at Granite Cove protect California’s treasured public lands. It is critical that conser- in the East Mojave Preserve. Kate Allen will be the chair. The vationists engage with local land managers and request that grant following meeting will in Shoshone, CA, on February 7-8. We es- applications go towards responsible OHV management and restora- pecially encourage local citizens in the area to attend, as many tion of closed roads, watersheds, wilderness and other areas dam- of the items on the agenda include local issues. Contact Tom aged by off-road vehicles. Below is an overview of pro-conservation Budlong at (310-476-1731), tombudlong@roadrunner.com, to be Continued on page 14 put on the invitation list. 2 DESERT REPORT SEPTEMBER 2008
  • 3. BY HOWARD WILSHIRE ILLEGAL OFF-ROAD VEHICLE uSE ORVs Vs. Desert Landscapes 1 D Disfiguring scars left on the landscape by ORVs are visible to every- one who has driven through the Mojave Desert and other western arid lands. Disfigurement is the least of our concerns. What the scars represent is an opening of the land to accelerated soil erosion by gravity, water (Figure 1), and wind (Figure 2), with negative ef- fects that extend far beyond the borders of the scars. These effects cannot be prevented by the planning and management practices HOWARD WILSHIRE demonstrated at the State Vehicular Recreation Areas, and certain- ly not by the absence of planning exemplified by federally operated vehicular recreation areas. Alternatives are available.2 It is not possible to drive vehicles on natural terrain without causing damage, no matter how careful the vehicle operator. The capability of modern ORVs to damage the environment varies with the vehicles design and operation. Hikers, mountain bikers, and Figure 2: Jawbone Canyon. The rib of exposed rock at the far left equestrians also damage the natural landscape, though motorized side of Figure 1 is the same as that exposed at the far right side of vehicles have a much greater capacity to cover and destroy land. this photo. An intense windstorm blowing down Jawbone Canyon The least surface disturbance is caused when a vehicle is driven eroded large amounts of sand from the hillclimbs shown in Figure 1 and deposited much of it on the downwind slopes, shown here slowly in a straight line on a flat, dry surface, but this of course as a light colored surface. Photo 1997. would take the fun out of off-roading. The degree of impact is greatly exacerbated by the capability of ORVs to negotiate steep, aged land carries soil pathogens harmful to humans and wildlife difficult terrain -- precisely the land most susceptible to soil degra- (for example, valley fever). Other organic soil components that dation and ensuing accelerated erosion. may be harmful to plants, and harmful inorganic soil components The physical effects of ORVs include reduction of soil stabil- such as asbestos, are also carried far from their sources. Water pol- ity by elimination of vegetation, compaction, accelerated erosion, lution resulting from soil erosion adversely affects aquatic life. Toxic along with pollution of the air and water. Soil compaction and loss components of vehicle emissions add to the damage, also reaching of vegetative cover increase diurnal temperature ranges in the soil destinations far from their sources. with unknown effects on soil biota. Stripping of the soil surface Accelerated erosion of ORV-disturbed areas3 has several causes: increases reflectivity (albedo), which affects air temperature. Dust destruction of protective plant cover along with biological and in- generated directly by ORVs and indirectly by wind erosion of dam- organic crusts such as pebble layers or mud crusts; compaction of the soil, which causes rainfall to run off rather than infiltrate the soils; and exposure of bare soils to wind erosion. On steeper slopes, the vehicles themselves directly erode soil by continually displac- ing it downslope. Deepening and widening of natural drainages by increased runoff from ORV damaged areas can, and has, destroyed large mature trees never touched by a vehicle (Figure 3). A common focus on accelerated soil erosion emphasizes ero- sion of land directly impacted by the vehicles.4 This ignores the HOWARD WILSHIRE very large indirect effects of off-site erosion caused by diversion of runoff from trails and roads and detrimental effects of diversions on the vegetation that is denied its normal surface water supply. Burial of vegetation by sediment eroded from ORV areas is an ad- ditional adverse effect. Erosion rates measured in ORV areas are much greater than Figure 1: Deeply eroded hillclimbs, Jawbone Canyon, Mojave Des- natural rates, exceeding them by factors of 10-25, even on mod- ert. Light colored areas are eroded to hard bedrock. Photo 1981. Continued on page 7 DESERT REPORT SEPTEMBER 2008 3
  • 4. BY ILEENE ANDERSON SOLAR IN THE CALIFORNIA DESERT If We Put It Here, Where? T The California deserts provide some of the best solar radiation This new gold rush raises tough questions for conservationists. in North America, according to the National Renewable Energy We all want to significantly reduce our carbon footprint, and renew- Laboratory (www.nrel.gov). Consequently, in their pursuit of able energy is a must for replacing coal- and gas-burning power renewable sources of energy, solar developers have inundated the plants. But we also must ensure that we plan and develop renew- California deserts and beyond with proposals to build vast indus- ables in a way that protects the unique and precious ecosystems of trial solar plants of various types. the California deserts. As of May 2008, the Bureau of Land Management in How to balance these issues is complex, and many aspects of California has received 67 applications for large-scale solar de- the problem have been covered by others in previous issues of the velopments, covering over 519,293 acres. Twenty five of these Desert Report. (See Desert Report, March and June 2008) Certain- applications are for photovoltaic systems. Another 18 are para- ly placing industrial solar facilities as close to the energy user as bolic trough collectors: mirrors that focus solar radiation to super- possible is ideal because it cuts down on transmission losses and heat liquids, which in turn heats water. The resulting steam then provides energy where it is needed. Using existing disturbed lands drives turbines that generate electricity (very much like typical is another important factor to be seriously considered and perhaps power plants). The remaining 24 applications use a mixed bag of mandated. solar technologies including solar concentration, power towers, We know there are many unique plants and animals on lands solar hydrogen, solar thermal quad dishes, solar trough, Sterling that may also be prime solar resources. Some of these are rare engines, and others. To date, eight applications and endangered species, and they frequently occupy habitat that have been rejected by the BLM because of con- has been designated critical. Other resources, like riparian areas flicts with existing land-management plans and water sources, are unique and rare in the desert landscape. and conservation mandates. Several of Knowing and avoiding impacts to the rare resources that make our these decisions are being appealed by deserts unique is key to any development of industrial scale solar the solar industry. The active ap- in this area. plications are checkerboarded In an effort to help steer solar development away from inap- wilderness around the California des- propriate sites, the Center for Biological Diversity (CBD) collected areas erts, with some adjacent many publicly available data sets on areas that contain rare and to existing transmis- unique biological resources. Maps have been prepared showing county boundaries sion facilities and myriad unique resources. These include state and national parks; some not. designated wilderness, wilderness study areas, and possible wilder- solar proposals ness areas; federally designated critical habitats for listed plants and animals; Areas of Critical Environmental Concern (ACECs); Desert DWMAs Wildlife Management Areas (DWMAs); other designated conserva- tion areas; unusual plant assemblages; and locations of rare and endangered species. CBD also tapped all available information on linkages and corridors for wildlife, some of which was proprietary. Permission from authors, including the South Coast Missing Link- energy corridors ages, allows us to include these data. Examples of these maps ac- company this article. Many of the areas of the California deserts are already known to have significant and unique resources that need to be protected – and these are just the biological resources. Areas of special bio- logical significance tend to be located remotely, far from where a bulk of energy is used. These unique biological resources are far less common on previously disturbed lands, so we are encouraging wildlife linkages industry and agencies to look at the possibility of industrial-scale solar siting in those disturbed areas instead of in areas that should Southern be protected. California 4 DESERT REPORT SEPTEMBER 2008
  • 5. As with any mapping exercise, these data are biased to what we do know and where we have looked for rare resources. The areas that currently are not known to have any rare biological resources may ap- critical habitats pear that way simply because no one has looked. California is a world-renowned lakes biological hotspot. Surveys are labor in- tensive, expensive, and few private or unusual plant public land managers have the luxury communities of initiating surveys. These data are often only collected when a change in solar proposals land management (i.e. proposed develop- ment of some sort) is proposed. Therefore, energy corridors our mapping doesn’t necessarily show the absence of unique biological resources nor does it represent a “green light” for development. Some of those areas may be appropriate sites, particularly if they are previously disturbed, but ensuring so will require site-specific analyses. county boundaries wildlife linkages Thoughtful consideration of how Imperial County we will most efficiently and effectively achieve our carbon-reduction goals is clearly the path on which we must now embark. Careful placement of solar projects (including both rooftop and industrial) can ensure our commitment to reducing CO2 pollution while still respecting and preserving our unique and fort irwin world-class biodiversity. expansion Ileene Anderson is a biologist with the Center for Biological Diversity and coordinator of the Center’s involvement in the siting of solar energy facilities in the desert. energy corridors wildlife linkages solar proposals wilderness areas critical habitats county boundaries San Bernardino County DESERT REPORT SEPTEMBER 2008 5
  • 6. BY PHILIP M. KLASKY A NATIONAL APPROACH TO A NATIONAL CRISIS Federal Laws Are Needed To Stop Damage R Recent federal hearings in both houses of the perspective of a property owner who Congress heard testimony from private has experienced ORV trespass at her own property owners, conservation groups, home and in her community. Responding tribal officials, and federal land manage- to Victoria’s testimony, the ranking Re- ment administrators that off-road vehicles publican on the subcommittee agreed that (ORVs) are a mounting national problem no one should have to suffer such threats MARK HEUSTON costing taxpayers millions of dollars and to their quality of life. Victoria’s spirited threatening natural landscapes, rural testimony challenged the committee to communities, and federal lands. enact laws that will assist property owners Representative Raul Grivalja (D- and businesses throughout the country. Arizona) and Senator Jeff Bingaman (D- The committee also received testimony New Mexico) held hearings to bring attention to the widespread from Native American leaders who reported on destructive impacts damage to Forest Service and Bureau of Land Management (BLM) of ORVs on reservation lands and cultural resources. The Cheme- lands, areas of critical environmental concern (ACECs), designated huevi Indian Tribe representative stated that “OHVs corrupt and wilderness, and other federal lands off-limits to ORVs. The major- permanently lay waste to vegetation, dirt roads, flood control ity of federal land use administrators testified that problems with works, sacred sites, and the natural landscape adding significant ORVs are one of the biggest challenges they face and that they costs to the Tribe’s efforts to protect and conserve our lands as well have neither the funds nor policies in place to adequately address as enforce our ideals. OHV riders seek uncorrupted landscapes to the growing crisis. According to the Senate Committee on National tear up and destroy and have no regard for sacred sites upon which Resources, there are an estimated 43 million ORVs in the nation we center our spirituality and religion.” representing a multi-billion dollar business resulting in extensive According to the non-profit Public Employees for Environmen- damage to lands held in trust and escalating conflicts with other tal Responsibility ORVs are the major threat to public lands. federal land recreationists, private property owners, farmers, busi- Even the ORV lobbyists agreed that fines and penalties must nesses, and local law enforcement. be increased. The committee found that federal agencies (with In his opening remarks, Senator Bingaman stated, “The chal- some notable exceptions) were not adequately communicating lenges of managing off-road use have grown dramatically, and it or coordinating with the public at a time when federal lands are appears questionable to me whether the BLM or Forest Service are experiencing a dramatic increase in the volume of off-road vehicles. able to properly manage this issue. A visit to any number of off- The overwhelming scope of disorderly conduct, use of drugs and road recreation sites on public lands, or a review of law enforce- alcohol, illegal firearms, violence and criminal behavior at stagings ment statistics, clearly demonstrates the scope and seriousness of (large assemblies of vehicles) was identified as a significant drain these challenges.” on law enforcement resources Section 302(b) of the Federal Land Policy Management Act Federal managers complained of a lack of administrative (FLPMA) requires the BLM to “take any action necessary to pre- guidance and management plans to deal with the increase of ORV vent unnecessary or undue degradation of public lands.” Accord- related crimes and asked for help with the process of route designa- ing to residents in communities across the country, BLM and other tions. Local law enforcement reported that they were ill-equipped federal land managers are failing to protect lands from activities for the onslaught of ORVs from urban centers into rural communi- that denude the environment of vegetation, permanently degrade ties on holiday weekends natural landscapes, destroy wildlife, watersheds, meadows and The Congressional committees discussed the economic impacts wetlands. In the southern California deserts, the BLM has been of ORVs on federal lands and suggested that the agencies assess the ineffective in controlling what former USGS geologist Dr. Howard real costs in terms of increased and dedicated law enforcement, the Wilshire has labeled “wheeled locusts.” drain on emergency services, conflicts between riders and private Community ORV Watch (COW) steering committee member property owners, and damage to cultural and historical sites. Victoria Fuller traveled to Washington, D.C. at the invitation of the House of Representatives committee to provide testimony from Top: Signs are a first step 6 DESERT REPORT SEPTEMBER 2008
  • 7. A physician representing the American Pediatric Association provided dramatic testimony about the skyrocketing incidence ORVs Vs. Desert Landscapes of serious injuries for youth riding ORVs. Some of the commit- tee members criticized ORV vendors for failing to do their part to Continued FRoM page 3 encourage safe and legal riding, and, in fact, vendors continue to erate slopes. In temperate climates, soils form at rates of about target young people with an aggressive marketing message that ig- 2 to 3 inches per 1,000 years, much more slowly than soil is lost nores the responsibility that riders have for their impacts on people from ORV areas. In arid lands, many soils are relics of past wetter and the environment and which invites trespass on virgin lands. climates, and thus once lost cannot be replaced. Where soils are Local communities throughout the nation have enacted leg- stripped by erosion to expose hard bedrock (Figure 1), a series of islation to try to curb ORV abuse. In San Bernardino County an processes must break up enough rock and weather it deeply before ordinance was created that increased fines and penalties; estab- biological process can convert the debris into soil, especially on lished a process by which residents can seek judicial relief from slopes. These processes probably require many millennia. ORV nuisance and damage; limits large scale stagings; abates Much of the land, especially that under federal jurisdiction, excessive noise, dust and nuisance; and requires written permis- damaged by ORVs will never be actively assisted to recover. Nature sion to ride on private lands. Although some local vendors have will attempt to smooth out the damages once vehicles are removed, been responsive to requests that they educate their customers, oth- but it is a slow process (Figure 4). Forming a mature soil takes time. ers have refused to inform riders about their responsibilities and Destroying it can be accomplished in minutes. Restoring it takes encourage riding where ever they wish. decades to centuries, and restoring the community of life that in- Desert residents and conservationists are organizing to pass habits the soil takes centuries to millennia if it is even possible.5 national legislation through a process that includes responsible stakeholders. We have been impressed with some of the user’s Howard Wilshire is a retired geologist with the USGS. His studies have groups and lobbyists who recognize the need to reign in a destruc- included environmental impacts of many human related activities in- tive and disruptive force. Fines and penalties must more accurately cluding off-road vehicular recreation, radioactive waste disposal, en- match the costs associated with illegal and irresponsible activities ergy developments, and utility corridor construction. Dr. Wilshire is and must include confiscation of the vehicles. ORVs must have visi- Board Chairman of Public Employees for Environmental Responsibil- ble license plates and fees should reflect actual costs of law enforce- ity (PEER), a national environmental organization, and has been a ment and environmental restoration. Valuable and sensitive federal long-time board member of the Desert Protective Council. References lands must be completely off-limits to ORVs, routes must be clearly cited in this article can be found in the on-line edition of the Desert marked and illegal routes closed since single routes on federal lands Report (www.desertreport.org) in the “Letters” section. often become de facto open areas. Large format signage and infor- mational kiosks are needed to inform riders where they can and cannot ride, and public education must begin with the youth so that they fully understand the environmental impacts of ORVs and learn to act with respect and responsibility. And finally, there must be zero tolerance for physical assault, internet stalking, harassment, and intimidation of complainants, neighbors, or law enforcement. Community ORV Watch and the Alliance for Responsible HOWARD WILSHIRE Recreation are working with federal lawmakers and other groups in crafting national legislation that will start to finally address the scope of ORV impacts. We recently held a tour of areas in the high desert for federal lawmakers so that they can see the damage first hand and hear from residents who have suffered retaliation when seeking relief. As a nation we must fulfill our responsibility to Figure 3: Hungry Valley SVRA. Extreme widening and deepening future generations (intergenerational equity) to protect the pre- of natural drainage by excessive runoff from ORV trails under- cious lands that others have worked so hard to preserve for us and cut and killed a large oak tree (distant); killed fallen oak trees in that we have been tasked to hold in trust. foreground and middle ground; and has deeply undercut roots of still-standing tree at right. Photo 2008. Philip M. Klasky is an environmental justice activist, teacher, writer, cultural geographer and member of Community ORV Watch (www. orvwatch.com) who divides his time between San Francisco and Won- der Valley. HOWARD WILSHIRE Internet Resources For a list of internet resources for federal ORV hearings, go online to www.desertreport.org and click on the “letters” button. Figure 4: Continued accelerated erosion of Tuttle Ridge, Red Rock Canyon State Park. The ORV damage was done while the land was under BLM jurisdiction. After transfer to the State, the area was closed to ORVs (1977). Photo 2003. DESERT REPORT SEPTEMBER 2008 7
  • 8. BY MICHELLE HAEFELE AND ALICE BOND DESERT ECONOMICS California Deserts And Economic Prosperity C California’s desert wildlands are an important source of biodiver- to a region’s overall economic diversity. (See Figure 2.) sity, wildlife habitat, open space, solitude and scenic beauty. They Local communities with nearby protected wildlands reap mea- are also an important economic asset for the surrounding commu- surable benefits in terms of employment and personal income. nities and for the entire state. For example, a 2004 report on the Surveys indicate that scenic amenities and wildlife-based recreation economic value of the lands included in the California Desert Pro- – both of which are strongly supported by the California desert – mo- tection Act of 1994 found that wildlands in the California desert support nearly 3,700 jobs in the affected counties. Figure 1. Employment In The California Desert Region Research over many decades, from a variety of economists and Percentage Of Total Employment other scientists, shows that the economy of the American West is Professional & Mining (includes oil Farming & dependent on more than just the extraction of raw materials. Pub- Service Sector & gas extraction) Ranching lic lands have long been a source of economic benefit to surround- Imperial County’s 35% 0% 20% ing communities, and the California Desert is no exception. In the Desert Areas past these benefits largely derived from the salable commodities Riverside County’s Desert Areas 41% 0% 9% that can be extracted from the land, such as oil, gas, minerals, and grazing opportunities. Yet communities throughout the West are in- San Bernardino 55% 0.4% 0.5% County’s Desert Areas creasingly realizing that wildlands provide direct support for local and regional economies by offering a scenic backdrop, recreation California 59% 0.15% 2% opportunities, and a desirable rural lifestyle. These and other tan- United States 57% 0.38% 1.5% gible and intangible amenities attract new residents, businesses, Source: U.S. Department of Commerce, Census Bureau Data, compiled by the Economic Profile and income to the rural West. System for Communities (EPSC), available at: http://www.sonoran.org/eps/ Key economic indicators that signal both a change in Califor- nia’s economy and the health of the state’s communities include: 1) the rapidly expanding professional and service sectors, 2) the Figure 2. Professional & Service Sector Employment in the California Desert Region increasingly important role that recreation and tourism play in the region, 3) the rise of small businesses and other entrepreneurial Administration and support and waste management services 6% endeavors, and 4) the growing importance of retirees. Accommodation and 1) The professional and service industries are a vital part of food services 17% Others services 10% regional economic health. These industries have been growing in importance in California’s desert counties – accounting for 24% of Arts, Information 4% San Bernardino County’s personal income and 21% and 13% in entertainment, Riverside and Imperial Counties respectively. This sector is very and Finance and recreation Insurance 4% diverse – encompassing a wide range of occupations – from medi- 6% Real estate and cine to museums, from technology to tourism. The diversity of this rental leasing 3% growing sector is important for sustainable economic well-being. The proximity of protected wildlands, including those in the Cali- fornia Desert, can serve to attract new businesses and is an impor- Health Care and Educational tant factor in keeping the professional and service industries sector Services 16% Social Assistance of the economy strong and growing. 28% The areas nearest to California’s deserts include parts of Impe- rial, Riverside and San Bernardino Counties, and these areas also Professional, scientific, and technical show the current economic importance of the professional and ser- Management of companies services 6% vice sector. (See Figure 1.) and enterprises 0% The professional and service sector is diverse, encompassing a Source: U.S. Department of Commerce, Census Bureau Data, compiled by the Economic Profile System for wide range of occupations and making it an important contributor Communities (EPSC), available at: http://www.sonoran.org/eps/ 8 DESERT REPORT SEPTEMBER 2008
  • 9. tivate many firms to locate or stay in the West. Similarly, residents West. Research has also shown that amenities including scenery and of counties with wilderness cite the presence of that wilderness as opportunities for outdoor recreation attract entrepreneurs and the an important reason why they moved to the county, and long-term highly skilled workers they will need to grow and prosper. On the residents cite it as a reason they stay. other hand, extractive-industry income in California has declined 2) Outdoor recreation by residents and tourists alike is an in the last 30 years, accounting for less than one percent of total important component of California’s economy. Ten million people personal income in the state. California’s people and communities participated in wildlife activities (hunting, fishing and wildlife have come to depend instead on the state’s natural amenities. watching) in California in 2005, spending over $7.7 billion. Wild- This trend has been documented in detail for the areas im- life watching accounted for 80% of total participation and 60% of mediately surrounding the Carrizo Plain National Monument. This expenditures. Maintaining habitat for the fish and wildlife sought important and protected grassland has been the subject of a recent by these recreationists is a wise investment for western commu- study by The Wilderness Society which shows how the local com- nities. Participants in active outdoor recreation such as hiking, munities surrounding the Monument are poised to benefit from the mountain biking and camping contribute $46 billion annually to presence and protective management of this national treasure. Go California’s economy and support over 400,000 jobs. The potential to www.wilderness.org/california for a copy of the report. economic impact of tourism in the region can be seen in terms of The report builds from research demonstrating a correlation be- employment and the amount that tourists already spend. (See Fig- tween the presence of protected public lands and economic growth ures 3 and 4.) and applies a set of indicators to evaluate the regional characteris- Tourism can also diversify the local economies in two ways: tics of the Carrizo Plain Economic Region. These indicators measure First, industries associated with tourism can provide a range of jobs attributes that have been found to correlate with the potential for for workers in the region; second, people who visit the area as tour- economic growth in rural counties. They include the presence of hu- ists may choose the location for permanent residence. man amenities (such as scenery, healthcare and restaurants), skilled workers, innovators and entrepreneurs, as well as the capital and Figure 3. Travel Impacts in Some of California’s infrastructure to support them. Desert Counties The report also evaluates the income and employment trends of the regional economies, which show a steady increase in the profes- Travel Spending Employment (jobs) sional/service sector. This sector is also shown to be the most stable Imperial County $272,900,000 4,550 and diverse part of the local economies, even where industries such Riverside County $5,172,500,000 62,160 as energy development or agriculture, play an important role. The San Bernardino County $3,141,700,000 42,210 strength of the professional/service sector is a key consideration in concluding that the local economies will be able to achieve eco- Source: Dean Runyan Associates. 2007. California Travel Impacts by County nomic growth – growth that will benefit from the protection of the natural amenities of the Carrizo Plain National Monument. What the report reveals for the Carrizo Plain National Monu- Figure 4. Percentage of Employment in the Tourism Industry in the California Desert Region ment area is also quite likely to be true of the communities near California’s other desert wildlands. The economy of rural California Imperial County’s Desert Areas 6.77% is moving away from the extraction of natural resources and toward Riverside County’s Desert Areas 14.13% the exploitation of the natural beauty of the state’s wonders to at- tract a diverse workforce primarily in the knowledge-based sectors. San Bernardino County’s Desert Areas 12.76% Healthy, intact landscapes, like the California desert are United States 7.87% not just important for protecting plants and wildlife but also for California 8.18% ensuring sustainable, continued economic growth for the state’s Tourism consists of Arts, Entertainment, Recreation, Accommodation and Food Services. Source: U.S. Depart- communities. ment of Commerce, Census Bureau Data, compiled by the Economic Profile System for Communities (EPSC), available at: http://www.sonoran.org/eps/ Reference cited in this article can be viewed on-line at www.deser- treport.org. They can be found by clicking on the “letters” button. 3) Entrepreneurs bring jobs and income to the region and have been found to be an important indicator of an area’s overall eco- Michelle Haefele, Resource Economist, joined the Wilderness Society nomic health and potential future prosperity. Studies of the growth in 2003 after working as a Post-doctoral Research Associate for the of rural regions have linked entrepreneurial activity with long-term USDA Forest Service and Colorado State University, where she partici- economic growth. pated in research projects exploring public values and attitudes toward 4) Retirees and investors drive one of the top “industries” public lands. Her current projects explore the various economic and in the state, with their income making up nearly one-quarter of social aspects of public land management, including oil and gas devel- California’s total personal income. Research has shown that many opment and tourism. entrepreneurs choose the location for their businesses after first visiting an area as a tourist, and retirees also often make similar Alice Bond, Public Lands Associate, has worked for The Wilder- location decisions. ness Society since 2006 to protect the best of the Bureau of Land The presence of protected public lands, transportation, and Management’s lands in California. Previously she has worked for the communication infrastructure, along with access to larger markets National Outdoor Leadership school and also as a consultant to in metropolitan centers and recreation and scenic amenities, is the National Park Service to develop a business plan for Hawaii highly correlated with the strongest economic growth in the rural Volcanoes National Park. DESERT REPORT SEPTEMBER 2008 9
  • 10. BY STAN HAYE A BOLD EXPERIMENT Permits & Rider Education Required T The Rand Mountain Area of Critical Environmental Concern (ACEC) County Supervisor for the Rand area, Jon McQuiston, is strongly in will soon be at the center of a unique experiment in the California favor). As a result, terms under which the Rands could be reopened Desert District. This area, closed to all Off-Highway Vehicle (OHV) to OHV use were included in the West Mojave Plan (WEMO). These activity since 2004, is now scheduled to reopen under a variety of terms are meant to ensure that the 1993 Biological Opinion will be constraints. The process has been long and complicated; the result sustained. Specifically WEMO requires that a permit system and a is still to be determined. It is an experiment that deserves careful Rider Education Program be established, and that each OHVer in watching, and it may prove to be an indicator of the future. the Rands obtain and have on his person the permit which includes Up until 1980 the Rands were essentially an OHV open area, a map of the open OHV routes. This is very important, as it is a as was most of the desert. This changed with the signing of the significant first in BLM OHV management. California Desert Conservation Area Plan in 1980, and with the BLM began developing this program about two years ago with passage of the California Desert Protection Act in 1994 and the cre- a Technical Review Team (TRT ) under the Desert Advisory Com- ation of the Rand Mountain – Fremont Valley Management Area. mittee. This TRT included representatives from BLM, Kern County, The Rand Mountain ACEC was a part of this larger area. Before this OHV users, and other stakeholders. The result was the stipulation larger management area was established, up to 500 miles of OHV that to obtain a permit under Phase 1, OHV users are required to trails had been created, mostly by users and mostly not permitted. read and understand regulations governing the area, most impor- An Environmental Assessment (EA) was written and a Technical tantly staying on designated OHV routes for both safety and envi- Review Team (TRT) then studied the trail system and designat- ronmental reasons. The exact contents of the permit are detailed in ed 129 miles as open; the remaining OHV trails were designated WEMO Chapter 2 and the 2006 WEMO Record of Decision. Phase 2 closed. Because the desert tortoise had been listed as a threatened will put this information on a website, and after completing a ques- species in 1991 (and the Rands had been designated as critical tionnaire and printing a certificate the OHVer will be required to habitat), a Biological Opinion was required. This stated that the visit a designated BLM facility and take a short DMV type test (and 129 miles of OHV routes could remain open, but if there were high perhaps a riding test) to validate the permit. Under both phases the levels of non-compliance the routes must be closed. This statement OHVer’s name and address will be recorded on the permit itself as has been key to management ever since. well as a copy retained by BLM so BLM will know who is legally in Based on this EA and Biological Opinion a great deal of resto- the area. ration work on closed OHV trails was done in 1996-1997. Closed Kern County deserves a great deal of credit for implementing OHV routes were blocked off, sometimes with signs, sometimes with straw bales. In addition many closed OHV routes were elimi- nated by ripping, vertical mulch, and sometimes by planting live plants from a nursery. All of this, sadly, was a near total failure. OHVs drove around signs and straw bales and trashed the restored areas. Although only a minority of OHV users abused the land, the trespass and damage could not be controlled with the limited resources at BLM’s disposal. In 2002 the Center for Biological Diversity (CBD) initiated a desert wide lawsuit against BLM management of the desert. The Rands were included in this lawsuit. The eventual settlement of this lawsuit required BLM to intensively monitor the area and re- CRAIG DEUTSCHE port the results to the CBD. As a result, CBD notified BLM that they would sue to close the area to OHV use, as the terms of the 1994 Biological Opinion were not being met. The BLM did close the ACEC to OHV use in 2004. Which brings us to the present. There has been intense pressure to reopen the area to OHVs by OHV users and by Kern County (the Signs and Fence closing the Rand Mountain ACEC 10 DESERT REPORT SEPTEMBER 2008
  • 11. this system – Jon McQuiston has helped a great deal. The Kern County Sheriff and Planning Department and the BLM staff have spent a great deal of staff time cre- ating the map of open routes and writing the Rider Education Guide which will be on the back of the map. Kern County is also paying for the first printing of the map. In addition, the Friends of Jaw- bone organization has obtained grants and fenced several of the OHV trails in- cluding the first two to be opened, and BLM with the Student Conservation As- sociation has done a great deal of addi- tional signing, blocking of closed trails, and habitat restoration work. BLM only recently was able to hire a Recreation Planner, and, based on the decisions in WEMO, plans to open the first 8–10 miles of OHV trail in October 2008. Intensive monitoring and enforce- ment is planned. “The most important aim of BLM is to keep people on des- ignated trails” says Hector Villalobos, BLM Ridgecrest Field Office Manager. If compliance is good then Phase 2 of the Grey area above is the Rand Mountain ACEC, Closure permit system will be implemented and more OHV trails opened. If not, the trails will be closed. Before On The Scene the planned opening of the two routes an Environmental Assess- ment will be issued, since an EA was issued when the routes were On Friday, July 15, I visited the Rand Mountain ACEC which closed. is described in the accompanying article. As I drove the A lot is at stake here, not least the two million dollars of grant permitted road along the east boundary my purpose was money the BLM spent in restoration of this area. If this elaborate to photograph the area and directly see the results of the permit and education system does not work and OHVers still insist closure. It was an impressive tour. on going off designated trails, I don’t think there is much hope that The fence which defines about three-fourths of the anything will work. Again, sadly, the only recourse will be for BLM boundary is very much intact. It is four-inch wire mesh, rather to again close the area to OHV use. more difficult to cut than two or three strands of bare wire. One might worry that this could compromise the mobility of wildlife, but in fact it begins a foot above the ground - a Stan Haye is a long time Sierra Club member living in Ridgecrest. He hindrance to vehicles but not to animals. The road was signed is active in the Owens Peak Group, is a member of the Advisory Coun- regularly and clearly, and at any location where a rider/driver cil to the Ridgecrest BLM, and works on issues such as ORVs, grazing, might be even tempted to leave the legal route there were wilderness management and, mining. signs and straw bales to prevent cross-country travel. When I looked across the fence into the ACEC the recovery of the area was impressive. The flora was healthy; vehicle tracks had almost entirely disappeared. The BLM had in effect created a “wilderness” that was nearly pristine. When discussions of ORV activity occur, one is of- ten told that it is impossible to prevent damage: the cost is too high; law enforcement personnel are too widely dis- persed; rogue riders will pay no attention to restrictions. The Rand Mountain ACEC is an absolute proof that it is possible to close an area for sufficient time that resources recover. Indeed, the costs both in money and in personnel were very high, but with will and support it can be done. Now it is time to hope that the success will be retained when roads in the CRAIG DEUTSCHE area are reopened. Perhaps this experiment will be a guide to the future. Craig Deutsche, editor Desert Report Restoration behind signs and straw bales DESERT REPORT SEPTEMBER 2008 11
  • 12. BY DONNA CHARPIED DESERT LANDS AND COMMuNITIES ASSAuLTED Environmental Justice Short-Circuited D Desert Center, a small community midway between the San Gor- Eagle Mountain Dump. After gaining local, state, and federal ap- gonio Pass and the Colorado River, has been subjected to assaults proval, the dump then was sold to the Los Angeles County Sanita- by some of the most anti-environmental projects imaginable. The tion District for $41 million dollars. This money is currently in an greatest number of assaults is to the northwest, in the former Kai- escrow account pending on-going litigation. If built as specified in ser Steel mine area and its largely abandoned community of Eagle its permits, this would become the world’s largest dump, occupying Mountain. Almost completely surrounded by Joshua Tree National 3,481 acres north and west of the community, and uncomfortably Park (JTNP) and some of its wilderness areas, one might think the close to JTNP. area free from danger. Not so. Transporting the massive amounts of waste from the Los An- The Joshua Tree National Monument was established in 1936 geles urban area to the site creates its own impacts, but Riverside to protect and preserve the area’s botanic and geologic wonders. County was lured by the prospects of employment and income from During the Korean War a slice of land was removed from the monu- an anticipated 20,000 tons daily dropped in the area. Contrary to ment, forming the community of Eagle Mountain, so that the iron public belief, the dump will not fill the massive east pit left behind ore deposit could be exploited for the war effort. In 1984 the mon- from Kaiser’s mining operations but primarily will fill virgin, un- ument was designated a World Biosphere Reserve, and in 1994 used canyons and lands which are home to the desert tortoise, big- it became a National Park with 234,000 acres added, much of it horn sheep, mountain lions, and other threatened and endangered wilderness. The giant pits left by 40 years of extraction and the animals and plants. community of Eagle Mountain remain. The trash trains would run within 500 feet of the Eagle Moun- tain Elementary School. Recent studies conducted by Dr. John Eagle Mountain Dump Froines, UCLA professor of Toxicology and Occupational Hygiene, When the steel plant closed, the employees’ retirement fund re- have determined that there is a strong risk of cancer from diesel ceived the mine site in the settlement of assets, and Mine Reclama- emissions in addition to 100 or more non-cancer effects. Particulate tion Corp (MRC), a subsidiary of Kaiser Steel, was created. Kaiser Matter (“PM”) of less than 1 micron, or ultra fine particles from die- has been seeking ways to generate income from the property ever sel, is a significant exposure risk Additionally, the dump will pump since. The first proposal, which appeared in the 1980s, was for the 5,000 tons of other pollutants a day into the region, not includ- ing pollutants from mobile sources. Subtitle D promulgation studies by Geosyntec, an en- vironmental consulting firm, indicate further Aq that dump liners will leak 21 gallons per acre u ed uc per day with even the very best available con- t Eagle Mountain trol technology due to manufacture errors, pinholes, and seam leaks. Community and en- vironmental lawsuits against the dump have been successful but have been appealed by the dump proponents and the agencies. This Joshua Tree National Park appeal was heard in the 9th Circuit Court of Appeals on December 6, 2007. A ruling has not yet been issued. International Program Group Another abusive land project in the area rsta te 10 began in July 2006 when marines from Camp Inte Pendleton as well as private contractors “oc- cupied” Eagle Mountain. Activities included detonation of ordnance, cannon fire, machine 12 DESERT REPORT SEPTEMBER 2008
  • 13. dilapidated railroad to transport equipment to the site. This project includes construction of a cement batch making plant. This project appears to be highly speculative, and there is only minimal infor- mation available to the public. The Center for Community Action and Environmental Justice submitted a Freedom of Information Act request to learn more about the specifics of the project, i.e. maps, development plan etc., but the BLM denied the request. According to current BLM reports, permit applications for solar energy devel- DONNA CHARPIED opments include a total of 38,287 acres in Eagle Mountain/Desert Center. Since the moratorium on applications was recently lifted, more applications are expected. The second developer, Eagle Crest Energy Company (“ECEC”), intends to utilize the Eagle Mountain mine site to produce elec- Military exercises beside the elementary school in Eagle Mountain tricity through pumped water storage for peak use periods. This project received its preliminary permit in March 2005 from the Fed- gun fire, and helicopter maneuvers, involving thousands of troops, eral Energy Regulatory Commission. Water for the project would heavy equipment, tanks, personnel carriers, and everything neces- initially be pumped from designated water wells in the Chuckwalla sary to train troops. Valley up to the abandoned east pit. During periods of low electri- Evidently the military activity was being conducted without cal demand the water would next be pumped to the much higher environmental review and with no agency or public input as we elevation central pit. When electrical demand peaks, the water in cannot find any notices of their preparation. The area being uti- the central pit storage would turn large turbines as it flows back to lized is surrounded on three sides by Park wilderness and is next to the east pit. To initially fill the east pit will require 8 billion gallons the elementary school. During school hours acrid odors emanated of water, and take two years. ECEC also intends to install windmills from the area, while the community’s elementary school was used to power their pumps. as a command center. Marine officers at Camp Pendleton said, “We Studies conducted in the past indicate that there will be signifi- are exempt from environmental review.” cant environmental impacts to the local community as well as the The site is home to the threatened desert tortoise – just north Park. If approved, the project will further deplete the aquifer below of the defunct mine is the Pinto Basin, home to the healthiest tor- the Chuckwalla Valley which is already in overdraft. Citizens have toise population in California – and as desert activists know, raven voiced strong concerns about potential impacts to the environment predation of baby tortoises is a major problem. The military and and to the local residents who depend on the desert’s natural re- private military contractors apparently were not trained and did sources. ECEC held its first stakeholders meeting on April 8, 2008, not practice proper practices to discourage ravens (notorious gar- as required by FERC regulations. This project, proclaimed as “green bage pickers). Local residents report that they have never seen energy,” has been on the books since 1991. (For more information so many ravens flock to the site as they have since the training see: http://www.eaglemountainenergy.us/index.html.) began. While Kaiser claims that the troops are being trained on the Water Storage proposal 5,400 acres of land they own, the Marines claimed they were train- The Metropolitan Water District of Southern California (MWD) has ing on 10,000 acres. Were the Marines running tanks, personnel proposed what it calls the Upper Chuckwalla Valley Water Storage carriers, jeeps etc., over public lands? Other open questions remain Project. MWD is a quasi-governmental agency whose mandate is in the absence of environmental review: How is the waste being to supply drinking water for more than 18 million Southern Cali- handled? Is wildlife protected from direct and collateral damage fornians. In the 1930’s, an aqueduct was built from the Colorado from the equipment and ordinance? How will they clean up the River and conveys water to various pumping stations throughout unexploded ordinance? Are they using depleted uranium in shell the desert and to its ultimate destination, Lake Matthews. The open casings? aqueduct flows next to the Park, and to a pumping plant located in On April 17, 2007, Plaintiff’s in the successful federal case the Eagle Mountains. The planned project will pump water from against Eagle Mountain, heard by Judge Robert Timlin, petitioned the Pinto Basin (in JTNP) into the aqueduct and pump Colorado the Court to enforce its previous ruling of September 21, 2005. River water from the aqueduct onto the desert floor, allowing it to [The ruling is lengthy, but can be found at www.ccaej.orgo.] Al- percolate into another underground water basin. During times of most immediately after the petition was filed the U.S. Marines left, drought, extraction wells will pump water from this basin back into but the private contractors (aka mercenaries), apparently uncon- the aqueduct. cerned, stayed. One of the stated reasons for the project is to dilute the pol- luted river water which contains perchlorate (an oxidizer used in Energy Development at Eagle Mountain developing rocket fuel that disrupts the thyroid, creating problems Kaiser also appears to be exploiting the opportunity to cash in with metabolism, reproduction, development and cancer in chil- on the general search for sites to produce energy. In a first project, dren) with the Chuckwalla Basin’s clean water. Concerns include OptiSolar, is seeking permits to place solar panels over 7,000 acres perchlorate precipitating on the surface, then becoming airborne of native desert, very close to the Park. They are in negotiations from winds, and being taken up by plants and eaten by animals. with Kaiser for water and are entertaining the idea of using the Continued on page 19 DESERT REPORT SEPTEMBER 2008 13
  • 14. The Dilemma Of Access Better OHV Management Opportunities Continued FRoM page 1 Continued FRoM page 2 munity groups, small community-based non-profits, and conserva- projects for which conservationists can encourage land managers tion organizations. They were successful in crafting and passing an to apply. Since law enforcement funding will be allocated on a for- ORV ordinance for San Bernardino County in 2006. When attempts mula based system, I am focusing on the grant categories that the to weaken this ordinance arose in 2007, ARR and its members were public may more easily influence. successful in defending it. Members of the ARR continue to work with the Off Highway Vehicle Division of State Parks to improve Operations and Maintenance: Road Maintenance for Non- the ORV program and regulations. Members have spent weekends Motorized Recreation disguising illegal routes, banging in fence posts, and document- For the first time the OHV grants program will give additional ing intrusions into closed areas. They have worked to restore a consideration to Operations and Maintenance projects that provide historical home site in the Morongo Basin and have written infor- access to non-motorized recreation. The maintenance of gravel and mational pamphlets in cooperation with local agencies on where dirt roads that lead to hiking trails, campgrounds and wilderness to ride ORVs legally. They have taken photos of smashed plants, areas should receive priority under the new grants program. In ad- of vandalized route closure signs, and other damage to public and dition, soil conservation projects to repair degrading roads are an private land. A member of ARR was invited to present testimony at eligible project under the Operations and Maintenance category. the March 2008 Congressional hearing on ORV impacts on public Given the growing maintenance backlog on Forest Service and BLM lands. ARR representatives have traveled to Sacramento to edu- roads, it is critical that conservationists contact their local land man- cate legislative staff about the need for higher fines and more law agers to encourage grant applications that maintain the dirt roads enforcement funding, and they continue to assist local sheriffs in used by non-motorized outdoor enthusiasts. Otherwise OHV Trust obtaining law enforcement funding to manage ORV abuse in the Fund dollars could be spent on the construction of new staging areas desert communities. and facilities for dirt bike and ATV use in the quiet backcountry. Another group actively working to preserve the desert is the Sierra Club CA/NV Desert Committee, a member of the ARR. At Restoration Funding to Remove unnecessary Roads and its August 2007 quarterly meeting, the Desert Committee formed Repair Damaged Lands an ORV Issues subcommittee which has embarked upon a multi- Despite the growing need to restore closed roads and to repair faceted campaign to raise the priority of ORV impacts with the wild places that have been damaged by off-road vehicle use, last state Sierra Club, and with our state legislators, the media, and the year more than $2.6 million in available restoration grant fund- general public. We have sponsored service projects on BLM land ing remained untapped by federal land managers. Senate Bill 742 to assist in maintaining travel route signs and disguising illegal makes clear that non-profit organizations may apply for restoration ORV routes. We have helped restore damaged areas, crafted a wil- funding and that planning for restoration projects is an eligible ex- derness monitoring handbook, and continued our involvement in penditure. It is critical that conservationists encourage the Forest crafting state legislation. We will be participating in the California Service and BLM to move forward with restoration projects that Air Resources Board hearings on global warming emissions to urge remove unauthorized vehicle routes from the landscape and repair the inclusion of recreational ORVs in the calculation of state global damage caused by off-road vehicles. warming emissions. Can the desert recover from all the fragmentation and im- Education pacts that humans have inflicted? Knowledge of how biodiversity Across California, land managers are struggling to keep off- is maintained and how ecological processes work is essential but road vehicles on designated routes. The education fund can be used not sufficient to this task. Addressing the future of the California to teach environmental ethics to off-road vehicle enthusiasts, along desert, Pavlik suggests: “There must be an honest assessment of with their clubs, and to inform riders that they must stay on desig- how we, an imperfect but well-meaning species, threaten resources nated routes or risk fines. We must all work together to ensure that and compromise the future of this arid bioregion.” Once the threats off-road vehicle riders stay on designated routes and avoid damag- are known and acknowledged, science can be used to heal some ing fragile ecosystems and vegetation. of the wounds. Ultimately, the future of our desert will depend upon weaving together our knowledge of how things work and Next Steps of the key role we play in the natural processes. We need a more Conservationists can help improve OHV management by honest perception of what we have done to the desert by regarding encouraging the BLM and Forest Service to apply for restoration it as a “resource” for recreation, energy development, golf courses, funding to restore and decommission unnecessary roads. Support- housing, water, etc, etc. We need a much more reverent attitude ing operations and maintenance grants to maintain the dirt roads and approach to this precious irreplaceable part of our planet’s used by hikers, backpackers, campers and anglers who pay OHV natural heritage. fuel taxes will also help improve OHV management. Terry Weiner is a resident of San Diego, a long time desert activist, Brent Schoradt worked as deputy policy director for the Calif. Wilderness and is currently the Imperial County Coordinator for the Desert Pro- Coalition from fall 2005 – August 2008. Before joining CWC he worked tective Council. She is chair of the subcommittee dealing with ORV two years managing the open space protection campaign for Greenbelt issues within the Desert Committee. Alliance. As a fourth generation Californian, he is an avid hiker, back- packer, and bicyclist. He recently left CWC to begin law school. 14 DESERT REPORT SEPTEMBER 2008