Oct. 23, 1999
By Jim Witty
The Bulletin

The Bureau of Land Management has added restrictions on off-highway vehicle use in Millican Valley and the Badlands Wilderness Study Area as part of a settlement reached between the federal agency and three environmental groups.

Provisions of the consent judgment issued by a U.S. District Court judge became effective Dec. 1 but are subject to approval by the court after a 30-day comment period that ends Jan. 19.

The restrictions, which limit off-highway vehicle (OHV) use to existing routes and trails, expand seasonal closures and shut down some routes, will be in effect until the BLM completes an environmental impact statement (EIS) for the strategic 80,000-acre expanse.

The Millican Valley has historically provided key habitat for the sage grouse, pronghorn and mule deer. The Badlands, east of Bend, is a major deer and elk winter range.

Off-road enthusiasts have driven in the valley for years, crisscrossing the area with trails.

The settlement stems from a 1997 lawsuit filed by three conservation groups Oregon Natural Desert Association, Central Oregon Forest Issues Committee and the Oregon Natural Resources Council over the BLM's off-road vehicle recreation plan. Federal Magistrate Janice M. Stewart ruled last November that the BLM `acted arbitrarily and capriciously by failing to analyze the cumulative impacts of ORV use in the areas surrounding the Millican Valley and vi olated the National Environmental Policy Act.

At issue was whether the agency took into account the effects of a large off-road vehicle area on the adjacent Fort Rock Ranger District of the Deschutes National Forest.

The settlement allows off-roaders to use the area while the BLM formulates an EIS, but with limitations.

The court's consent judgment includes provisions that:
*Limit off-highway vehicle use in the Millican Plateau area and the West Butte area to existing routes and trails;

*Expand the area covered by a seasonal winter closure from Dec. 1 through April 30 to protect additional habitat on the north of the Millican OHV area;

*Continue existing restrictions on OHV use in the Horse Ridge/Skeleton Fire area;

*Specify snow depths at which emergency winter OHV closures will be implement ed to protect wildlife in the Millican Plateau area;

*Introduce measures to control noxious weeds;

*Require OHV monitoring by the BLM;

*Limit new road construction;

*Allow BLM to advance plans for a designated trail system;

*And, authorize continued competitive and recreational OHV use subject to the settlement restrictions.

`It's a step in the right direction,` said ONDA Executive Director Bill Marlett. `I wasn't happy to see their road closures consisting of a 4-inch wide fiberglass post they stick in the middle of the road. They're going to have to do better than that.`

Following Stewart's favorable ruling last fall, Steve Huddleston, director of the Central Oregon Forest Issues Committee, called the decision his `biggest victory` in seven years in the Central Oregon environmental movement.

Motorcycle rider and off-road activist Terry Silbaugh said he `can live with` the settlement.

`You just don't find the numbers of riders going out there anymore,` Silbaugh said. `I think that's exactly what the BLM wanted. They make it too unattractive.`

Written comments on the settlement are due by Jan. 10 to Shaaron Netherton, Field Manager, Deschutes Resource Area, Bureau of Land Management, Prineville District Office, P.O. Box 550, Prineville 97754. Comments should refer to Central Oregon Forest Issues Committee vs. Kenna.