OFF-ROAD BUSINESS GROUP LODGES
FORMAL COMPLAINT AGAINST NEVADA BLM EMPLOYEES
Complaint Seeks Investigation Into Potential Misconduct Of Carson City
Field Office Employees on Sand Mountain Issues
SANTEE, CA (July 21, 2003) - The Off-Road Business Association
(ORBA), comprised of off-highway vehicle businesses throughout the
U.S., recently filed a formal complaint and request for investigation
with the Department of Interior's Western Region Inspector General's
Office in Sacramento, Calif. to determine whether employees at the
Carson City, Nevada BLM office engaged in misconduct arising out of
their recommendation that 1,000 acres of the Sand Mountain Recreation
Area be closed to protect the Sand Mountain Blue Butterfly.
According to Roy Denner, president and CEO of ORBA based in
Santee, Calif., the four employees allegedly joined teams of
anti-access groups, participated in private meetings, and excluded
off-highway vehicle and business groups during recent workshops,
field surveys and planning meetings in an attempt to close 1,000
acres of the 4,795-acre Sand Mountain Recreation Area, located 25
miles east of Fallon, Nev.
"This complaint and request for investigation arises out of the
proposed emergency closure of nearly one-fourth of the popular Sand
Mountain area purportedly in order to protect the habitat of the Sand
Mountain Blue Butterfly," Denner said. "What's interesting here is
that this species is not listed as threatened or endangered under the
Endangered Species Act, but simply listed as sensitive by the Bureau."
Denner said his organization obtained official BLM documents
through the Freedom of Information (FOI) Act revealing multiple
communications between BLM staff and anti-access groups discussing
potential management strategies for closure, revisions to the area
management plan, and field studies involving the anti-access groups
and BLM staff.
"It is totally unfair to off-highway vehicle families to even
consider temporarily closing this area without properly educating
visitors as to why they are doing it," said Jon Crowley, who leads a
group called Friends of Sand Mountain. "The bureau has known about
this butterfly since 1994, but has done little or nothing to educate
users about how to protect it."
Crowley said the Friends of Sand Mountain made multiple requests
to the Carson City BLM employees requesting that his organization be
included on Sand Mountain field trips; however, those requests were
ignored and bureau employees continued to meet with the anti-access
groups and the Native American tribe on the sensitive species issue.
Denner said that his organization consulted with other off-road
groups and local businesses near Sand Mountain and learned that none
of these groups were invited to participate in the bureau's workshops
and discussions regarding Sand Mountain.
"We know for a fact that the Code of Federal Regulations
requires all bureau employees to act impartially on land use issues
and not give preferential treatment to any individual or group,"
Denner said, "and we are asking the Department of the Inspector
General to investigate whether Bureau employees gave preferential
treatment to anti-access groups while excluding OHV and business
groups from the process in violation of these federal regulations."
The complaint also seeks an investigation into the BLM's
assistance in drafting The Nature Conservancy's own conservation
assessment and working with the group to develop a press release for
the local media aimed at reducing potential backlash from
recreationists concerning a revised management plan for Sand Mountain
that was apparently being discussed.
"The regulations prohibit Bureau officials from brazenly taking
sides in this dispute and we are hopeful that the Department of
Interior's Inspector General will take appropriate action," Denner
said. "The BLM should make sure that it is relying on good science
instead of making a 'feel good' type of decision
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ORBA is a Santee, California-based trade association comprised of
off-road related businesses united to promote common goals that
support the prosperity and growth of the off-road industry. ORBA's
goal is to become strong enough to stand up to the anti-access
organizations and oppose their extreme positions on land use issues
and to prevent their continuing attempts to curtail off-road
recreation opportunities.