2 United States Department of the Interior ee Bureau of Land Management _ Canyon Country District Office TAKE PRIDE" 82 East Dogwood eee Moab, Utah 84532 IN REPLY REFER TO: 2860 (LLUTY00000) APR2.8 2014 Commissioner Phil Lyman San Juan County Commission P.O. Box 9 Monticello, Utah 84535 Dear Commissioner Lyman: write in response to your effort to organize an all-terrain vehicle (ATV) ride along portions of Recapture Canyon on May 10, 2014. | appreciate the many conversations we've had over the last couple months regarding the proposed ride. As you know, that area is closed to motorized vehicles under 43 C.F.R. § 8341.2 to protect the area’s archeological and cultural resources. The closure was implemented by Federal Register notice (72 Fed. Reg. 57067 (Oct. 5, 2007)), In addition, the Bureau of Land Management (BLM) is still reviewing San Juan County’s application for a right-of-way for an ATV trail in the canyon, but will not be in a position to grant or deny that application by May 10. Because the area is closed to motorized vehicles, any motorized use within the area is a prohibited act and violators are subject to civil and criminal penalties as provided by the Federal Land Policy and Management Act and its implementing regulations (43 U.S.C. § 1733(a), 43 CFR. §§ 2808.11, 8341.2, 8340,0-7). In addition, any damage to resources protected by the Archaeological Resources Protection Act will subject violators to further civil and criminal penalties (43 U.S.C. §§ 470ee, 4709). { strongly urge you to cancel the proposed ride in the closed portion of the canyon, To the extent that you or anyone else uses a motorized vehicle within the closed area, BLM will seek all appropriate civil and criminal penalties. have been informed by the Monticello Field Manager, Don Hoftheins, that you have requested BLM personnel to accompany you to travel the closed portion of the canyon prior to the proposed ride in order to identify for you cultural sites so that you may document their status. BLM is willing to grant this request provided that you acknowledge in a letter or e-mail to me that this field trip will not be construed in any ‘way to be BLM’s consent for the proposed ride to take place. To be clear, the BLM has not authorized, and will not authorize, the proposed ride. Again, BLM will seek allappropriate civil and criminal penalties against anyone who participates in the proposed ride. Regarding San Juan County’s right-of-way application, this project has involved many unusual situations and activities thet have delayed the process — law enforcement investigation, damage assessments, an extended consulting parties process, an engineering review, and obtaining funding to complete the required work in compliance with the Nationai Environmental Policy Act. We are striving to complete the process as soon as possible given our budget and personnel constraints. Since the signing of a Programmatic Agreement last fall and the subsequent initiation of the Environmental Assessment process, BLM has been making substantial progress. Public scoping was recently completed and the BLM has hired a third party contractor to prepare the Environmental Assessment, The proposed ride will very likely hinder and possibly delay our ability to complete this process. Again, 1 very much appreciate your willingness to talk through this issue, 1am ‘committed to continued conversations with you and the other San Juan County ‘Commissioners, I look forward to working with you and the other Commissioners on this and other public land issues. If you have any further concerns or questions, please contact me directly. Sincerely, : / ) poe oe Lance Porter Canyon Country District Manager ce: United States Attorney David Barlow