ICSAC Coalition

Access Restoration Initiative

Advancing Data-Driven Land Management in the Imperial Sand Dunes Recreation Area

Executive Summary

In 2008, the U.S. Fish and Wildlife Service revised the critical habitat designation for Peirson’s milk-vetch (PMV) under the Endangered Species Act. As part of that rulemaking, approximately 9,758 acres were excluded pursuant to Section 4(b)(2), based on economic and social impacts. The resulting designation totals approximately 12,105 acres within the Imperial Sand Dunes Recreation Area (ISDRA).

Of this total, approximately 7,430 acres are located south of Highway 78, within areas historically open to public use prior to 2000, when litigation resulted in the temporary closure of approximately 49,300 acres south of the highway. Areas north of Highway 78, designated as wilderness, had already been closed to off-highway vehicle use prior to that time.

In 2013, the Bureau of Land Management implemented closures across the full extent of this designated habitat south of Highway 78 as part of its land management approach to support a no-jeopardy Biological Opinion associated with the Recreation Area Management Plan (RAMP). The closure footprint corresponds directly to the designated critical habitat - not 1 acre more and not 1 acre less.

The ICSAC Coalition is advancing a structured, evidence-based effort to support reevaluation and reopening of this closure area, grounded in over a decade of BLM monitoring data and aligned with current federal law and policy direction emphasizing scientific rigor, economic consideration, and administrative accountability.

Closure Background - Critical Habitat and Implementation Decisions

The current closure reflects the interaction between critical habitat designation and subsequent land management decisions.

• The U.S. Fish and Wildlife Service designated critical habitat for PMV totaling approximately 12,105 acres following a 9,758-acre reduction under ESA Section 4(b)(2)

• Approximately 7,430 acres of this designation are located south of Highway 78

• The Bureau of Land Management established closures that correspond directly to the full extent of that southern designated habitat

• These closures were adopted in the context of securing a no-jeopardy Biological Opinion for the 2013 RAMP

The resulting management approach applied a one-to-one alignment between critical habitat designation and access restrictions, without differentiation at a sub-area or site-specific level. In doing so, BLM incorporated areas that had remained historically accessible, including the Patton Valley Corridor.

As currently structured, this closure:

• Reflects a uniform application of restrictions across the designated habitat area

• Does not distinguish between varying on-the-ground conditions within that area

• Continues to function as the baseline for current access and land-use decisions

It is also noted that portions of designated critical habitat extend into areas north of Highway 78 that are managed as wilderness, where separate statutory constraints apply and where off-highway vehicle use had already been restricted prior to 2000.

The presence of multiple land-use designations within the broader critical habitat area underscores that management approaches may vary by location and that a uniform application of access restrictions across the southern 7,430-acre area may not reflect site-specific conditions or management requirements.

Scientific Record - Bureau of Land Management Monitoring Data

The Coalition’s position is grounded in more than eleven years of monitoring data conducted by the Bureau of Land Management related to the Peirson’s milk-vetch (PMV).

Findings reflected in this federal dataset include:

• Population variability closely correlated with precipitation patterns

• No consistent evidence in the BLM monitoring record of sustained population decline associated with recreational activity

• Demonstrated species persistence across multiple environmental cycles and varying on-the-ground conditions

This long-term dataset provides an empirical foundation for evaluating whether the scope of the 2013 closure remains aligned with observed environmental conditions.

Regulatory Framework and Policy Alignment

This initiative is grounded in existing federal law, including the Endangered Species Act and the National Environmental Policy Act.

Recent policy direction further emphasizes data-driven and accountable decision-making. This includes:

• Executive Order 14313 - reinforcing reliance on high-quality, empirical scientific data

• Executive Order 12630 - requiring consideration of economic impacts

• Secretarial Order 3441 and Secretarial Order 3447 - emphasizing multiple-use access, regulatory consistency, and accountability

In parallel, updated NEPA implementation introduces more structured timelines and clearer expectations for agency coordination and documentation. While these changes do not eliminate review requirements, they reinforce a framework centered on efficiency, transparency, and evidence-based outcomes.

Strategic Considerations - Why Reevaluation Is Warranted

The current closure reflects a management approach established in 2013 under different data conditions.

Since that time:

• Longitudinal monitoring data has become available

• Environmental conditions can be evaluated across multiple cycles

• The relationship between species variability and environmental drivers is better understood

The question is no longer what was appropriate in 2013, but whether the current scope of closure remains justified based on eleven years of federal data.

This creates a basis for reassessing whether the existing closure:

• Remains appropriately scaled to current conditions

• Reflects site-specific impacts rather than precautionary assumptions

• Represents the least-restrictive approach consistent with statutory requirements

Administrative Pathways for Reassessment

Established mechanisms exist to evaluate and potentially adjust the current designation:

• ESA Section 4(b)(2) Exclusion
  Provides authority to exclude areas from critical habitat where economic and other impacts outweigh biological benefit

• Species Status Review / Delisting Consideration
  Enables reassessment of PMV status based on longitudinal federal monitoring data

• NEPA-Based Review and Determination
  Allows evaluation of reopening actions using existing data to determine appropriate levels of environmental review

Each pathway is governed by defined evidentiary standards and administrative procedures and would be evaluated by the appropriate federal agencies.

ICSAC Coalition

The ICSAC Coalition represents a broad and growing network of stakeholders committed to responsible land use, scientific integrity, and constructive engagement.

The Coalition’s role is to:

• Compile and present federal and stakeholder-supported data

• Support development of a robust and defensible administrative record

• Facilitate informed engagement between stakeholders, agencies, and decision-makers

Path Forward

The Coalition supports a structured and transparent review of the approximately 7,430-acre closure area south of Highway 78 based on:

• Established legal authorities

• Eleven years of Bureau of Land Management monitoring data

• Current policy direction emphasizing evidence-based decision making

This approach is intended to improve alignment between land use designations and observed environmental conditions while supporting durable, defensible outcomes for long-term management of the ISDRA.