United States Department of the Interior OFFICE OF HEARINGS A N D APPEALS

Interior Board of Land Appeals 801 N . Street, Suite 300

Arlington, Virginia 22203

703-235-3750 703-235-8349 (fax)

June 25, 2010

2010-31 ) ID-230-2007-EA-332

BLUE RIBBON COALITION ) Travel Management Plan

) Affirmed

.> ... . ORDER

. The Blue Ribbon Coalition (Blue Ribbon), a non-profit corporation representing recreationists in Idaho and nearby states, appeals from the September 29, 2009, Decision Record (DR) of the Bureau of Land Management's Acting Manager for the Craters of the Moon National Monument and Preserve (BLM).1 The DR approved implementation of the Craters of the Moon National Monument and Preserve Comprehensive Travel Management Plan, which was issued as a combined plan and environmental assessment, ID-230-2007-EA-332 (TMP).2 Blue Ribbon challenges BLM's decision closing Route 785 to motorized public access, which we affirm for the reasons discussed below.

Background

By Presidential Proclamation President Clinton expanded the 53,400-acre Craters of the Moon National Monument to roughly 737,700 acres, redesignated as the Craters of the Moon National Monument and Preserve (Monument) and jointly managed by the National Park Service (NPS) and BLM. See 65 Fed. Reg. 69221 (Nov. 2000). NPS and BLM issued a Monument Management Plan on September

BLM identified this as Appeal No. when forwarding the record to the Board. We docketed i t as IBLA 2010-31 and identify the decision on appeal as ID-230-2007-EA-332.

The environmental assessment was prepared pursuant to section (C) of the National Environmental Policy Act of 1969 (NEPA), 42 § (C) (2006), which formed the basis for BLM's Finding of No Significant Impact on Sept. 29, 2009 Blue Ribbon agrees wi th that finding but claims the decision on appeal is arbitrary, capricious, and not in accordance wi th the law. See Statement of Reasons (SOR) at 9.

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12, 2006 (MMP), 3 which designated land within the Monument as being in one of four zones to guide future management actions: Frontcountry, Passage, Primitive, and Pristine, including two transportation corridors designated as Primitive zones that crossed pristine areas. MMP at 13, Fig. 3. Al l 34 miles of existing roads and trails in Pristine zones were closed, but designated roads in other zones were then open to public access by motorized vehicles pending completion of a comprehensive TMP. MMP at 43. Of those nearly 600 miles of designated roads, 60 were improved and maintained by the State, County, or NPS, 393 were maintained by BLM, and 145 miles were roads that had been established by use (i.e., "primitive roads"). Id. The MMP states "[m]ost management direction related to travel and access is covered by management zone allocation" and that the TMP should provide access for visitors and others, "while protecting those resources and values the Monument was established to preserve." Id. at 42, 43.

Armed w i t h the above management direction, and after a near 2-year scoping process, BLM issued a Draft TMP with a day comment period that began on August 2009. The draft proposed clot g 56-road miles that were redundant, unused, or unneeded, and prohibiting public use of motorized vehicles on roughly 56-road miles, including Routes 3417 and 785. Draft TMP at 15. Although in transportation corridors designated as Primitive zones by the MMP, the Draft TMP proposed that both of these routes be for administrative use only because they were either in or led to sensitive resources. Id.

Blue Ribbon, its members, and others urged that Routes 3417 and 785 remain open. BLM responded to those comments by stating:

After further review, route was removed from "administrative use only" and designated "open" to motorized vehicles because the resources in that area were determined not to be sensitive to motorized travel. In consideration of route 785, deference was given to the sensitive resources in the area, and the route was left as "administrative use only."

A Class I inventory under the National Historic Preservation Act, 16 U.S.C. §§ 470 - 470w-6 (2006), and implementing rules found at 36 C.F.R. Part 800, was conducted on BLM lands within the Monument in 1982. MMP at 36. Several Class III inventories were conducted, and i t was estimated in 2006 that less than 5% of the Monument had been intensively inventoried for cultural resources. Id.

Each zone's basic concept, anticipated visitor experience, and expected development are described and compared in the MMP. Id. at 15 (Table 1).

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DR at 6. After submitting a Notice of Appeal, Blue Ribbon filed its SOR, which BLM responded to (Answer).

Discussion

The Presidential Proclamation directs BLM and NPS to manage the Monument cooperatively, provides NPS with primary management authority over "exposed lava flows," and grants similar authority to BLM over the remainder, "as indicated on the map entitled, Craters of the Moon National Monument Boundary 65 Fed. Reg. at 69223. The map included wi th the proclamation in the Register indicates BLM has primary management authority over the corridor traversed by Route 785 across an exposed lava flow and that NPS has primary authority over lands on both sides of that relatively narrow transportation corridor. Id. at 69225. Although we do not have appellate review authority over NPS decisions and NPS has yet to decide whether to adopt or implement the TMP, we have jurisdiction to decide this case because BLM has primary management authority over the route at issue and issued the decision here appeaied. See Answer at 3 n.2.

Blue Ribbon argues that BLM's decision to close Route 785 to motorized public use is arbitrary and capricious because i t eliminated a travel "loop," requires visitors to backtrack over 30 miles to circumnavigate a large lava flow between Bear Den Butte and Laidlaw Park, and is inconsistent wi th the MMP's designation of this transportation corridor as a Primitive zone. SOR at 5, 6-8. Blue Ribbon also argues BLM failed adequately to consider the long-established use of this route as a travel loop and potential adverse effects to visitor safety and the environment from increased vehicular traffic on other routes due to backtracking. Id. at 5, 8-10; see also id. at 3 ("the decision to close Route 785 lacks any connection wi th the facts existing on the ground, is arbitrary and capricious and unsupported by data or analysis").

BLM counters that the TMP is consistent wi th the MMP because i t expected some "fine tuning" of travel management through the TMP process and envisioned that access limitations would be imposed "to proactively manage and protect cultural resources." Answer at 6 (citing MMP 37, 43, 44), 10-11. It then explains:

Vehicles have the potential to impact archaeological sites directly and indirectly. Surface artifacts may be broken by vehicles. . . . Vehicles allow collectors easy access to archaeological sites as well . Sites without roads leading to them or through them suffer far less vandalism and unauthorized collection than sites near roads."

Answer at 7; see TMP at 44 ("the indirect effects of the proposed action include the reduction of motorized access to cultural resources, which in turn w i l l result in the

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potential for fewer incidents of looting and fires [which adversely affect cultural resources]"). BLM asserts that recreational values were fully considered in its decision but "appropriately subordinated to other values" (i.e., the protection of cultural resources near Route 785). Answer at 6, 7.

The MMP is a land use plan under the Federal Land Policy and Management Act of 1976 (FLPMA), 43 §§ 1712 and 1732 (2006), and implementing rules found at 43 C.F.R. Subpart 1610. As such, actions implementing the MMP must be in accordance wi th and conform to that plan. See 43 U.S.C. § 1732 (2006); 43 C.F.R. § 1610.5-3 (Conformity and implementation). The MMP designated the transportation corridor within which Route 785 is located as a Primitive zone that allowed continued public access by motorized vehicles, but authorized limiting such access in the future where necessary or appropriate to protect the "resources and values the Monument established to preserve." MMP at 42, 43. Blue Ribbon concedes as much, see SOR at 7, and we therefore reject its suggestion the TMP is inconsistent wi th (or does not conform to) the MMP.

We recently restated our standard for reviewing challenges to a TMP in Owyhee County, Idaho, 179 IBLA 18 (2010):

BLM has the authority pursuant to FLPMA, 43 U.S.C. § 1701 (2000) , and other acts and executive orders, to regulate the use and operation of [off-highway vehicles (OHVs)] on the public lands. See 43 C.F.R. Part 8340; Rocky Mountain Association, 156 IBLA 64, 70

(2001) ; Robert P. Muckle, 143 IBLA 328, 332-33 and (1998). Consistent wi th the general precedent governing challenges to BLM decisions implementing land use management plans, a BLM plan implementing the [OHV] decisions in an RMP or other [OHV] management plan wi l l be affirmed i f the decision adequately considers all relevant factors including environmental impacts, reflects a reasoned analysis, and is supported by the record, absent a showing of compelling reasons for modification or reversal. Rocky Mountain Trials Association, 156 IBLA [64,] 70 [(2001)], citing James R. Sebastian,

146 IBLA 138, 142 (1998); High Desert Multiple-Use Coalition, 124 IBLA 125, 128 (1992); see also Daniel T. Cooper, 154 IBLA 81, 84-85 (2000); Stan Rachesky, 124 IBLA 67, 70 (1992).

Appellants have the burden of demonstrating by a preponderance of the evidence that BLM committed a material error in its factual analysis, that BLM failed to give due consideration to all relevant factors, or that no rational connection exists between the facts found and the choices made. Utah Trail Machine Association, 147 IBLA

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(1999). Mere differences of opinion regarding proper management of public lands wi l l not overcome an amply supported BLM management decision. Southern Utah Wilderness Alliance, 128 IBLA 382, 389 (1994); High Desert Multiple-Use Coalition, 124 IBLA at 128; Oregon Shores Conservation Coalition, 83 IBLA 1, 6 (1984); Magic Valley Trail Machine Association, Inc., 57 IBLA 284, 287 (1981).

179 IBLA at 32 Rainer 168 IBLA 365, 395 (2006), sub v. Bankert, No. Utah Oct. 18, 2007)).- We find Blue

Ribbon has not met that burden.

The DR states and the record shows BLM considered Blue Ribbon's desire for continued public access by motorized vehicles on Route 785, balanced that concern wi th possible impacts "to the sensitive resources in the area," and deferred to the protection of those resources. DR at 6. on appeal that such resources are "cultural resources" and archaeological sites in the Answer at 7, 9, 11-12. It asserts that these resources are identified in the record, some Blue Ribbon members know where they are located, but their location cannot be made public under 43 C.F.R. § 7.18(a), 5 and then adds: "To the extent the Board wishes to review the data supporting the BLM's conclusion that cultural resources require limiting access along Route 785, the BLM can submit a 2006 Archeological Overview conducted by the University of Oregon Museum of Natural and Cultural History for an in camera review." Answer at 4 n.3.

We conducted the review offered by BLM, which confirmed that there are cultural resources in the area. We therefore hold BLM committed no error in closing Route 785 to motorized public access for the protection of those sensitive (e.g., artifacts and archaeological sites) and that its decision is both rational and supported by the record. See, e.g., Wyoming Outdoor Council, 170 IBLA 130, 144 (2006), and cases cited ("BLM must ensure that its decision is supported by a rational

In relevant part, the rule found at 43 C.F.R. § 7.18 (Confidentiality of archaeological resource information) specifies:

(a) The Federal land manager shall not make available to the public, under [the Freedom of Information Act] or any other provision of law, information concerning the nature and location of any archaeological resource, wi th the following exceptions:

(1) The Federal land manager may make information available, provided that the disclosure wi l l further the purposes of the [Archaeological Resources Protection Act of 1979] and this . . without resulting harm to the archaeological resource to the site in which it is located.

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basis, which must be stated in the decision as well as being demonstrated in the administrative record accompanying the decision.").

Accordingly, pursuant to the authority delegated to the Board of Land Appeals by the Secretary of the Interior, 43 C.F.R. § 4 .1 , the decision approving the Craters of the Moon National Monument and Preserve Comprehensive Travel Management Plan on September 9, 2009, is affirmed.

I concur:

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