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[Federal Register: May 23, 2002 (Volume 67, Number 100)]
[Notices]               
[Page 36218]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23my02-103]                         


[[Page 36218]]

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[OR-056-1220-DG; GP-02-0088]

 
Closure Notice; Notice of Permanent Motor Vehicle Restriction on 
Public Lands; Deschutes/Crook Counties, OR

AGENCY: Bureau of Land Management, Prineville District, Deschutes 
Resource Area/Field Office.

ACTION: Notice is hereby given that all motorized use within the 
Badlands Wilderness Study Area (WSA), Crook and Deschutes County, 
Oregon, is restricted to designated routes only. The Badlands WSA is 
located approximately 15 miles east of Bend, Oregon, in Crook and 
Deschutes Counties. Specifically, this closure order applies to all 
public lands within the following perimeter description described 
below.

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    Perimeter Description: Beginning at the intersection of Alfalfa 
Market and Dodds County Roads, then south on Dodds Road to State 
Highway 20, then southwesterly on Highway 20, to its intersection with 
BLM Road <greek-i>6521 then north easterly on road <greek-i>6521, to 
its intersection with BLM road <greek-i>6520-B, then continuing 
northeasterly on road <greek-i>6520-B, to its intersection with a high 
voltage electrical transmission line with steel support towers, then 
north along this power line to its intersection with another power line 
supported by double wood poles, then northwesterly along this power 
line to its intersection with Alfalfa Market Road, then west on Alfalfa 
Market Road to point of beginning.

SUMMARY: The BLM is required to restrict motorized use to designated 
routes on public lands within the Badlands Wilderness Study Area. This 
restriction is necessary for BLM to comply with a federal consent 
judgment between the Central Oregon Forest Issues Committee et al. v. 
James Kenna, Deschutes Area Manager, Bureau of Land Management et al., 
Civil Action No. 98-29-ST (D. OR.), that was lodged with the United 
States District Court for the District of Oregon on November 23, 1999.
    This 1999 federal consent judgement resulted from a settlement of a 
lawsuit between the Central Oregon Forest Issues Committee and other 
environmental organizations who took BLM to federal court in 1998, 
regarding its environmental assessment/management plan for the Millican 
Valley Off-Highway Vehicle Trail System. In December, 1999, the federal 
court requested BLM obtain public comments regarding the proposed 
federal court consent judgement, which included specific motorized 
vehicle restrictions within the Badlands Wilderness Study Area.
    Public comments were considered and reviewed by the federal court 
judge before the consent judgement was finalized. Routes 4,5,6,7 and 8 
were specifically identified by the plaintiffs and approved by the 
federal court in the consent judgement. This judgement stated that 
motorized use in the Badlands WSA was limited to routes 4,5,6, and 7, 
from May 1st through November 30th, annually. Route 8 was open to 
motorized use year-round.

DATES: This closure will take effect on the date this notice is 
published in the Federal Register. The closure will remain in effect 
until BLM modifies or rescinds this order.

ADDRESSES: Bureau of Land Management, Deschutes Resource Area, 3050 
N.E. 3rd Street., Prineville, OR 97754.

FOR FURTHER INFORMATION CONTACT: Berry Phelps, Recreation Planner, 3050 
NE Third Street, Prineville, Oregon 97754. Phone: (541) 416-6723.
    Discussion of the Rules: The public lands affected by this proposed 
motorized vehicle restriction are all lands administered by the BLM 
within the Badlands WSA. Signs will be posted to identify designated 
routes. Motorized designated routes will be identified on user maps 
that will be available at key entrances into the Badlands WSA. A map of 
the proposed motorized restriction area is available from the 
Prineville District BLM office, 3050 N.E. 3rd. Street, Prineville, 
Oregon, 97754.
    Prohibited Acts: Under 43 CFR 8364.1. The Bureau of Land Management 
will enforce the following rules within the Badlands Wilderness Study 
Area:
    a. Operation of a motorized vehicle off of designated routes 
4,5,6,7 and 8 is prohibited.
    b. Operation of a motorized vehicle on routes 4,5,6, and 7, from 
December 1st through April 30th is prohibited.
    Exemptions: This closure notice does not effect the following 
public lands:
    1. Public land west of wood pole power line in Sections 20 and 29, 
T. 17S, R15E, W.M., and
    2. Public lands north and/or west of the Central Oregon Irrigation 
District Canal in Sections 3 and 4, T. 18S, R. 14E., and Sections 
26,33,34, and 35 in T. 17S, R14E, W.M.
    This closure does not apply to persons who are exempt from these 
rules that include any Federal, State, or local officer or employee in 
the scope of his or her duties, members of any organized rescue or 
fire-fighting force in performance of an official duty, and any person 
authorized in writing by the Bureau of Land Management.
    Penalties: The authorities for this closure are section 303(a) of 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1733(a) 
and 43 CFR 8364.1). Any person who violates this closure may be fined 
no more than $1,000 or imprisoned for no more than 12 months, or both. 
Such violations may also be subject to the higher fines provided for by 
18 U.S.C. 3571.

    Dated: January 31, 2002.
A. Barron Bail,
District Manager.
[FR Doc. 02-12917 Filed 5-22-02; 8:45 am]
BILLING CODE 4310-33-P

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