Petition/Application for Withdrawal

Citation
342 FW 5
Exhibit
1
Date
FWM
148
Originating Office
Division of Realty
PETITION/APPLICATION FOR WITHDRAWAL
(Ash Meadows NWR - Nye County, Nevada)

Items Required by 43 CFR 2310.1-2(c)

(1) Department of the Interior
United States Fish and Wildlife Service
18th and C Streets N.W., Washington, D. C. 20240

(2) Not applicable.

(3) Not applicable.

(4) This application is for the making of a withdrawal of public lands from settlement, sale, location, or entry under the public land laws, including the mining laws.

(5) A description of the lands involved (with attached map of appropriate scale showing area features).

     (i) A legal description of the entire land area within the exterior boundary and the total hectares (acreage) of such lands.

     (ii) A legal description of all lands that are to be exempted from the request and (after deducting the exempted hectares (acres) the net remaining hectares (acres) of lands within the exterior boundary.

(6) Not applicable.

(7) The purpose of the withdrawal is to protect seeps, springs, and associated habitat for 26 unique plants and animals found nowhere else in the world. The area would be administered as part of the Ash Meadows National Wildlife Refuge under the National Wildlife Refuge Administration Act (16 U.S.C. 668dd). The lands would be managed to provide for the implementation of recovery action for the listed endangered species. The area would be open to controlled public use for educational, recreational, and scientific purposes, and to other uses compatible with the purposes for the existence of the refuge.

(8) All of the lands applied for are to be withheld from settlement, sale, location, or entry under the general land laws and from location and entry under the United States mining laws. The maximum segregative period of 2 years is requested.

(9) Uses of a temporary nature, that are compatible with purposes for which the refuge is established, may be allowed but only with the approval of an authorized officer of the Bureau during the segregative period. Controlled public use for educational, recreational, or scientific purposes are examples.

(10) The use of a right-of-way or cooperative agreement would not provide adequate protection against non-discretionary uses that could alter or destroy the flora and fauna of this unique area.

(11) The duration of the withdrawal requested is 40 years. At the end of this period, a re-evaluation will be made concerning the desirability of extending the withdrawal.

(12) There are no suitable alternate sites as the land described contains the natural resource.

(13) All steps necessary to protect the water rights of the seeps and springs located on these lands need to be taken.

(14) Records relating to this request can be examined at the following location:

Department of the Interior
United States Fish and Wildlife Service
Division of Realty
1002 N.E. Holladay Street
Portland, Oregon 97232-4181

(15) A preliminary study indicates there is no active mining operation on these specific lands. On the surrounding areas, outside the boundary, there are some bentonite and zeolite operations. In 1985, a Proposed Resource Management Plan and Environmental Impact Statement indicated there was no strong interest expressed about the mineral deposits in the Ash Meadows area.