Obama eyes remote corner of Mojave for desert monument

The Castle Peaks got their name because they resemble the ramparts of a castle. (Jay Calderon / The Desert Sun)

Sammy Roth
The Desert Sun

If you've never explored the Mojave Desert, the Castle Mountains wouldn't be a bad place to start.

Getting there isn't easy. From the Coachella Valley, the shortest route winds through the High Desert, east on Highway 62 and north through the Mojave National Preserve (the so-called "Las Vegas shortcut"), then east again past Nipton, a tiny railroad boomtown that's currently being sold for $5 million. The last leg of the trip runs through Nevada, crossing the state line near Searchlight before cutting back into California, via a series of rugged dirt roads that culminate in the Castle Mountains.

It's not a journey for the casual day-tripper. But once you get there...

The most stunning feature is the Castle Peaks, a series of jutting mountains that look like the ramparts of a castle. They loom large over the area's cholla cacti, creosote bushes and bighorn sheep. Baby Joshua trees shoot up from nurturing brush, even as their cousins in Joshua Tree National Park struggle to reproduce amid a changing climate. Abundant grasses and other verdant plants rise from the desert floor, providing so much ground cover that parts of the Castle Mountains look as much like a prairie as a desert.

​There's a ghost town, too, left over from a gold-mining boom in the early 1900s. But we'll get to that.

David Lamfrom, who works to protect California's deserts with the National Parks Conservation Association, guesses he's been to the Castle Mountains 50 or 60 times. Just a few hundred people visit each year, by his estimate.

“It’s just so freaking beautiful. It’s just a really unique place," Lamfrom said on a recent visit. "I’ve spent a tremendous amount of my time and energy and effort on the conservation of the Castle Mountains, even though there are a lot of places that really need and deserve protection.”

For the Castle Mountains, protection might come soon: Conservationists have urged President Barack Obama to declare the area a national monument, along with two larger sections of the desert. They expect Obama to grant their request within the next few weeks, creating the Mojave Trails, Sand to Snow and Castle Mountains monuments through his authority under the 1906 Antiquities Act.

Republican politicians, mining interests and off-road vehicle enthusiasts will cry foul if Obama invokes the Antiquities Act, even though most of them support legislative efforts to protect those areas from rampant development. And even if Obama does take action, the Castle Mountains wouldn't completely avoid industrial activity: A Canadian company calledNewCastle Gold hopes to reopen a mine that shuttered in 2001 due to low gold prices, and it has every legal right to do so.

Whatever happens next, there's little disagreement the Castle Mountains deserve some kind of protection. Just ask off-roader Randy Banis, who opposes a presidential designation but has worked with Sen. Dianne Feinstein to establish desert monuments through legislation. Asked about the Castle Mountains, Banis could barely contain himself: "Isn’t it incredible? Isn’t it absolutely incredible?"

"The vegetative diversity, and the health of the vegetation — I love stopping the vehicle and just stepping out and walking through," he said. "People are like, 'Really, this is a desert?' It’s just so beautiful.”

The Castle Mountains occupy an unusual perch in the vast Mojave Desert.

About an hour's drive from Las Vegas, the area is surrounded on three sides by the Mojave National Preserve; the fourth side is the Nevada border. If not for the gold mine, it would have been included in the California Desert Protection Act of 1994, which created the national preserve, along with Joshua Tree and Death Valley national parks. Feinstein, who wrote that bill, cut 29,000 acres out of the proposed preserve, giving then-mine owner Viceroy Gold Corporation plenty of room to maneuver on its 7,500 acres.

By the late 2000s, the mine was closed, and energy companies were eager to build solar and wind farms across the desert. Against that backdrop — which alarmed conservationists — Feinstein wrote a bill to protect 1.6 million additional acres, mostly by establishing the Mojave Trails and Sand to Snow monuments. The Castle Mountains would have been added to the Mojave National Preserve.

But the bill failed to get traction in a gridlocked Congress, as did similar proposals in 2011 and 2015. So last summer, Feinstein and conservation groups started urging Obama to protect those areas via the Antiquities Act, which he'd already used to create or expand 19 national monuments, including the San Gabriel Mountains National Monument in Southern California.

“The current political climate is making it difficult to move any lands legislation through either body of the Congress,” Feinstein said in October, at a public meeting that drew more than 1,000 people to the Whitewater Preserve to discuss the monument proposals. “My intention is to continue to push the bill, while simultaneously pushing a presidential designation. But let me be clear: My preference is very much to push the legislation.”

Monument status would preclude industrial development, from wind and solar farms to new mining. The designations would also bring new funding from the federal government, Lamfrom said, which in the Castle Mountains' case could be used to study unique plants and animals, survey Native American petroglyphs, develop a trails system and craft an interpretive plan to teach visitors about the area's history. The National Park Service would begin promoting the monuments, too, almost certainly boosting tourism.

The battle to preserve Castle Mountains

Desert gold

The proposed Mojave Trails and Sand to Snow monuments have commanded the most attention, since they're larger and closer to population centers. The Castle Mountains monument would be relatively small, and far from any California cities.

But conservationists say the Castle Mountains are just as deserving of protection — and not just because they offer stunning views.

Because of the area's unique geography — it's further east, and higher in elevation, than most of the Mojave Desert — the Castle Mountains foster a diversity of plant and animal life unmatched almost anywhere else in the desert. Monsoonal summer rains tied to the nearby Colorado River are particularly important, supporting dozens of species of grass that blanket the desert floor.

"It’s an extension of southwestern grasslands which extend from Texas all the way into California. This is typical of summer rainfall deserts," said Jim André, a botanist who runs UC Riverside's Sweeney Granite Mountains Desert Research Center, located in the heart of the Mojave National Preserve. “Most Californians don’t think of California as receiving the monsoon, but in far eastern San Bernardino County it’s quite prominent."

The area is also part of the world's largest Joshua tree forest, which stretches from Mojave National Preserve into Nevada's Lake Mead National Recreation Area. And unlike in Joshua Tree National Park — where the namesake species is struggling to adapt to global warming — Joshua trees are thriving in the Castle Mountains. It's not hard to find healthy Joshua trees sprouting up from black brush, which serves as a spiky nursery to the young plants, warding off herbivores until they can fend for themselves.

The area's relatively high elevations make that possible, providing lower nighttime temperatures than the low-lying national park can.

"Oftentimes when people think of deserts, they think of sand dune systems, or they think of lonely, flat places," Lamfrom said. "But this is a rugged, beautiful mountain-scape filled with Joshua tree forests, with piñon, with juniper, with native grasslands...this is really, I think, one of the truly unique and remarkable places in our desert."

Unbroken wilderness

The same factors that give rise to the Castle Mountains' diverse plant life also support abundant wildlife. It would be difficult to list all of the creatures that spend time there: desert tortoises, bighorn sheep, Mojave ground squirrels, mule deer, mountain lions, Cooper's hawks, great horned owls and more. Several of those species are protected under the state or federal Endangered Species Acts.

Keeping the Castle Mountains pristine, conservationists say, is bigger than just giving those species another place to live. They see the Castle Mountains as a critical link in a chain of largely undisturbed desert that stretches from the Mojave National Preserve into Nevada, eventually connecting the 1.6-million-acre preserve with the 1.5-million-acre Lake Mead National Recreation Area.

Keeping that chain intact is especially important for species like bighorn sheep, which roam the open desert. As cities, freeways and fences have increasingly crisscrossed what once was wilderness, bighorn sheep populations have fallen dramatically.

"You can’t keep them in isolation. You have to allow those connections to other (bighorn sheep) populations, so they can have genetic exchange," said Dennis Schramm, who served five years as superintendent of the Mojave National Preserve. "If you don’t protect it, and you put in more fences and windmills and solar fields and all those kinds of things, you’re chopping up the habitat."

The Castle Mountains could also provide habitat for a new species.

A century ago, pronghorns — the world's second-fast land animal, after cheetahs — thrived in the deserts of Southern California. But humans hunted the antelope-like species, and eventually it disappeared from the region.

For years, the National Park Service and state wildlife officials have wanted to reintroduce pronghorns in the Castle Mountains. But they've been waiting to take that step until the area receives stronger protection, which would help ensure their efforts won't be in vain.

Gold in the hills

More than 100 years ago, the Castle Mountains were better known for gold than they were for flora and fauna.

Three Nevada prospectors — Jim Hart, and the brothers Bert and Clark Hitt — struck gold there in December 1907, and by the next year a mining town known as Hart was thriving. The town had about 400 residents, along with five hotels and eight saloons, according to a plaque that greets visitors today. Lamfrom said he's heard the town had two brothels, although that isn't mentioned on the plaque.

Miners quickly realized there wasn't much gold that could be economically extracted, and within a decade the town was deserted. The buildings are gone, but remnants of Hart are still visible: Rusted metal cans litter the base of the gold-laden hills that give the Castle Mountains their name. Viceroy opened a new mine in 1992, although that one, too, lasted less than 10 years.

"The Western American history of this landscape has been intimately tied to mining, and the ability for the (National) Park Service to tell the story of mining here is really important," Lamfrom said.

Mining could also play a role in the Castle Mountains' future.

NewCastle, which bought the mining rights in 2012, estimates there are at least 4.2 million ounces of gold in the hills, which would yield nearly $5 billion at today's prices. A new mine could employ a few hundred people, said Marty Tunney, NewCastle's vice president for business development. The company is still conducting preliminary studies, and could be several years from opening a mine.

NewCastle's permit will expire in 2025, although it could ask San Bernardino County for an extension if there's enough gold to justify further mining. In the long term, the company hopes to give the land to the National Park Service, Tunney said.

"If we were able to mine it the way we would like to go and mine it, and extract the value of it, we’d like to go through full reclamation and hand the project over to the (Mojave National) Preserve," he said. "We currently don’t see any reason why that shouldn’t happen."

Tricky politics

The proposed Mojave Trails monument has generated more controversy than Sand to Snow or the Castle Mountains. Feinstein's bill would ban new mining claims across the monument's 942,000 acres, which surround historic Route 66, between the Mojave National Preserve and Joshua Tree National Park. Big mining companies support the bill, but a cadre of smaller firms fiercely oppose it.

Rep. Paul Cook, a Yucca Valley Republican who represents the High Desert, has put forward a different proposal. His legislation, like Feinstein's, would create the 140,000-acre Sand to Snow national monument, stretching from the desert floor near Joshua Tree National Park to the peak of Mount San Gorgonio in the San Bernardino National Forest. But it would offer a lesser level of protection to the Mojave Trails, establishing a "special management area." Ten percent of that area would be open to new mining operations.

At the public meeting in October, John Sobel, Cook’s chief of staff, expressed hope that his boss and Feinstein could compromise. He criticized calls for Obama to use the Antiquities Act, saying a presidential designation would create “second-rate monuments because they lack the adequate support of locals and of Congress.”

Banis, who represents the California Off-Road Vehicle Association, supports Feinstein's bill, since it would keep the Mojave Trails monument open to off-roaders. He's worried a presidential designation would ultimately lead to the closure of the area's dirt roads.

“Boy, it’s going to get me mad if they name this thing the Mojave Trails, and then they go and close the roads. I’ll be so ticked off," Banis said. "That would be such a slap in the face to the recreation community.”

The Castle Mountains are less contentious. While Feinstein and Cook's bills would add the area to the Mojave National Preserve — an option that isn't available through the Antiquities Act — conservationists say a monument designation would have the same effect.

Cook disagrees. He said in an email that a presidential designation could "seriously jeopardize the existing mine by including land needed for mining operations, as well as limiting the ability to drill for wells to supply water needed for operation." He also said adding the area to the preserve would make more sense, from a management perspective, than creating a standalone monument.

"I view a Castle Mountain monument designation as a stealth attempt to shut down one of the most important mineral projects in the country," Cook said in an email.

NewCastle isn't so concerned. Company officials prefer Feinstein and Cook's bills to a presidential designation, since they know the bills would protect their ability to mine. But the company doesn't oppose the Antiquities Act route, so long as Obama includes similar protections for mining. Tunney, NewCastle's vice president for business development, said the company has been "given some assurances by Sen. Feinstein's group" that Obama's Castle Mountains designation would look similar to the provisions in her bill.

"If that’s the case, that works for us," Tunney said.

Mojave Desert areas on verge of protection under 1906 law

By Carolyn Lochhead
San Francisco Chronicle

AMBOY, San Bernardino County — Drive mile upon mile through California’s Mojave Desert, and you still can see the unspoiled vistas of one of the largest intact ecosystems in the continental United States.

Along Route 66 stretch the same empty valleys and distant mountains that Oklahoma farmers escaping the Dust Bowl saw in their migration west. In the vast swathes of scrub land, scientists are finding new plant species at a rate rivaling that in the Amazon. Ancient creosote bushes, like one 11,700 years old that miraculously survived in an off-road vehicle playground, live here in soils scientists only now realize are one of the planet’s great carbon sinks.

Six years ago, these lands were on the verge of being bulldozed for industrial solar and wind installations amid an all-out drive by the Obama administration and national environmental organizations to boost renewable energy in the fight against climate change.

The only thing standing in the way was Sen. Dianne Feinstein and a small conservation group called the Wildlands Conservancy whose leader, David Myers, had the California Democrat’s ear.

Within days, President Obama is expected to invoke the Antiquities Act, at Feinstein’s request, to create three national monuments preserving 1,380,350 acres of these lands, including a long stretch of Route 66. Republicans oppose the designation as executive overreach; they have proposed the same three monuments, but would open the Route 66 area to mining.

The monuments would cement Feinstein’s legacy as one of California’s great conservationists by expanding protection around the 9.6 million acres included in her Desert Protection Act of 1994, the largest U.S. park designation in history outside Alaska. The 1994 law created three national parks at Death Valley, Joshua Tree and the Mojave National Preserve.

Grand design

The Mojave Trails, Castle Mountains and Sand to Snow monuments advance a grand design sketched long ago by Myers and the late conservationist Eldon Hughes to protect an arc of desert land from the San Bernardino Mountains near Palm Springs to the Sierra Nevada. With the new monuments, Myers said, “we’ll be 75 percent there.”

The Mojave Trails designation would protect 105 miles of the most pristine extant section of Route 66 and link Joshua Tree National Park with the Mojave National Preserve.

“To industrialize it, to tear it up, to abuse it, to rape it, would be a travesty,” said Jim Conkle, a former Marine known as Mr. Route 66. “People see the Mojave Desert as this vast wasteland. I see it as an ocean without water. There’s so much there. If we don’t take care of it, it’s gone forever.”

Castle Mountains National Monument is a stunning high desert grassland that would complete the Mojave Preserve. Sand to Snow National Monument would preserve a key wildlife corridor from the desert floor near Palm Springs to the San Bernardino Mountains.

Like public lands throughout the West in the 19th century, the Mojave was fragmented into a checkerboard pattern by hundreds of 640-acre sections that Congress gave away to the railroads during the Civil War to promote westward expansion.

40-acre parcels

Soon after Feinstein’s first desert act passed, the real estate arm of the Santa Fe-Southern Pacific Railroad put up for sale desert properties outside the protected area. Dotted across what is now the proposed Mojave Trails monument, the parcels were “aimed,” Myers said, “like a shotgun at the heart of the Mojave.”

“Billboards went up all over the desert: for sale to development,” Myers said.

It was a threat, he said, to the open space between Joshua Tree and the Mojave Preserve.

“Even today, you can pick up any newspaper and you’ll still see 40-acre parcels being sold in New Mexico, Utah, Arizona and Nevada,” Myers said. “Those are all former railroad lands that have been subdivided.”

To prevent development along Route 66, Myers formed the Wildlands Conservancy, funded mainly by a wealthy donor, and bought 1,000 square miles for $45 million in 1999. The group hauled out everything from abandoned bulldozers to old box springs, and gave the land back to the federal government.

The donated land also included private property within the national parks and more than 200,000 acres in wilderness areas designated by Congress. Feinstein secured $18 million in federal funds to complete the purchase.

Alternative energy push

President Bill Clinton committed to keep the land in conservation. But in accepting the largest private land gift in U.S. history, the Department of Interior’s Bureau of Land Management, which unlike the National Park Service keeps its land open to grazing, mining, off-road vehicles and other uses, refused deed restrictions.

Then came the Energy Policy Act of 2005, a Bush administration law that opened public lands to energy prospecting at rock-bottom lease terms. Four years later, Obama’s economic stimulus threw more than $50 billion at renewable energy. The combination set off a land rush in the Mojave.

“None of us saw that coming,” said April Sall, who worked for the conservancy at the time.

From global oil companies to fly-by-night speculators, solar and wind prospectors flocked to the desert, proposing development on 1.3 million acres, including the donated conservation lands. National environmental groups, including the Sierra Club and the Natural Resources Defense Council, concluded that in the battle against climate change, the Mojave could be sacrificed.

James Andre, a UC Riverside plant biologist who directs the Granite Mountains Desert Research Center at the Mojave National Preserve and has been leading species discoveries in the desert, rode with Feinstein and solar executives in 2009 when the senator toured Route 66 amid the land rush.

“It would have been one solid bulldozed field of mirrors,” Andre said. “The night sky there is unbelievable. There are no cities. There are no people. It’s just a functioning ecosystem today.”

Scientists have only recently learned that desert soils and plants, whose roots plunge deep into the earth, sequester vast amounts of carbon. “If you bulldoze the soil, you start to release carbon at a rate that offsets the gains of moving away from fossil fuel,” Andre said. “That’s pretty extraordinary, given that the sole reason used to justify the projects has been dealing with the climate crisis.”

Nearly everyone in the desert, from off-roaders to birdwatchers, say they support renewable energy, but insist it should go on rooftops and disturbed lands, not virgin desert.

Feinstein proposed the monuments and other areas for protection in legislation introduced in 2010. The threat of legislation thwarted many solar and wind projects, but others have proceeded.

Wind leases

Two towering volcanic buttes in Pipes Canyon near Yucca Valley, blanketed in Native American petroglyphs, were added to the proposed Sand to Snow protections last year after transmission lines and wind towers were proposed on top of them. The Bureau of Land Management leased the land to wind companies for testing at $1 an acre, said Frazier Haney, conservation director of the Mojave Desert Land Trust.

With her bill languishing in Congress, Feinstein asked Obama last fall to declare the monuments under the Antiquities Act, a 1906 law that gives the president power to create national monuments on public lands. President Herbert Hoover used the law to establish Death Valley as a monument in 1933 just before he left office, and his successor, Franklin D. Roosevelt, designated Joshua Tree as a monument under the act in 1936.

Executive action would not include all of the lands Feinstein sought for protection, including many of the park additions, wilderness areas, and a first-ever congressionally designated area for off-road vehicles.

Meanwhile, Republican Rep. Paul Cook, whose San Bernardino County district encompasses the area, introduced a competing bill last fall that would create the same three monuments. But Cook added several poison pills for environmentalists, opening nearly 100,000 acres to mining in the Mojave Trails and banning use of the Antiquities Act in the California desert.

Looking out recently over the Castle Mountains grasslands, transformed by El Niño rains into a glistening garden of cactus and Joshua trees, David Lamfrom sees an ideal place to reintroduce pronghorn antelope exterminated by hunting a century ago. Seven years ago, developers proposed solar farms on 8,000 acres of these grasslands.

“This place has been almost protected and almost destroyed a dozen times,” said Lamfrom, desert director for the National Parks and Conservation Association. “There is unanimous agreement that it deserves protection. If Congress can’t act, the president must.”

But off-road vehicle groups fear a presidential proclamation, saying it will kill prospects for Feinstein’s broader bill that protects their areas. Randy Banis, who represents the California Off-Road Vehicle Association, negotiated those safeguards over many years.

‘Lonely exploration’

Sitting in remote Lucerne Valley’s Cafe 247, not far from the 11,700-year-old creosote bush, Banis said he uses the desert for “deep, dark, backcountry, lonely exploration,” not to bash it up driving in circles on big tires. Even hard-core environmentalists need roads to get to their hikes, he said.

“It doesn’t matter whether it’s a lifted up rock buggy or Nana’s Camry, when you take it on a dirt road, you are” an off-roader, Banis said.

Large mining companies are neutral on Feinstein’s bill. Banis said opposition comes down to a “couple of dozen” small-scale miners. Cook’s bill would open 96,500 non-specific acres for mining and potentially permit sand and gravel quarries just about anywhere in the Mojave Trails.

The California Desert District Mining Association, which represents the small prospectors, said in an e-mail the monument designations represent “armchair environmentalism” that discriminates “against man’s access and use of the land.”

San Bernardino County Supervisor Robert Lovingood testified to Congress that mining is “one of our most significant economic drivers” and warned that aggregate mines could be closed in the Mojave Trails. But a study last year by the nonprofit Sonoran Institute in Arizona showed that mining has contributed “no more than 0.25 percent” of private-sector jobs in California’s seven desert counties.

Banis is urging Republicans to support the Feinstein bill. “We’re trying to make them understand,” he said, “that if they don’t make something happen in the legislation, they’re going to get an Obama monument shoved down their throats, and they’re not going to be happy.”

Desert monuments

National monuments in the California desert proposed for designation by President Obama under the Antiquities Act are:

Mojave Trails: 1.2 million acres, including 105 miles along Route 66, to be managed by Bureau of Land Management, plus another 253,000 acres added in Bristol Dry Lake, Cadiz Valley and Sacramento Mountains.

Castle Mountains: 21,000 acres next to Mojave National Preserve to be managed by National Park Service.

Sand to Snow: 135,000 acres creating a low- to high-elevation corridor linking Joshua Tree National Park to the San Gorgonio Wilderness. The plan includes an additional 6,350 acres of Black Lava Butte and Flat Top Mesa. It will be managed jointly by the Bureau of Land Management and the U.S. Forest Service.

Areas left out

The proclamation would omit many areas in Sen. Dianne Feinstein’s legislation that can only be added by Congress.

They include:

National Park additions: Death Valley (39,000 acres), Mojave National Preserve (22,000 acres) and Joshua Tree (4,500 acres)

Off-Highway Recreation Areas (142,000 acres)

Wilderness designations (250,000 acres)

Wild and Scenic Rivers (77 miles), including Deep Creek and Whitewater River in the San Bernardino National Forest and the Amargosa River and Surprise Canyon Creek near Death Valley

Alabama Hills National Scenic Area (18,610 acres) near Mount Whitney in Inyo County

A new push for protecting public lands in the desert

Joshua Tree National Park, Wednesday, October 29, 2014. (Jay Calderon)

Ian James
The Desert Sun

Twenty years ago, President Bill Clinton signed the California Desert Protection Act, turning Joshua Tree and Death Valley national monuments into national parks, creating the Mojave National Preserve, and establishing more than 3.6 million acres of wilderness areas across the Mojave Desert.

On the anniversary of those sweeping changes, conservationists are rallying around a plan by Sen. Dianne Feinstein to relaunch legislation that would further expand protected areas in the desert and create two new national monuments – one of them stretching from the desert oases of the Whitewater Preserve and Big Morongo Canyon to the alpine forests of the San Bernardino Mountains.

The Democratic senator introduced the original California Desert Protection Act, which was enacted on Oct. 31, 1994, and calls the law one of her proudest legislative accomplishments. Feinstein plans to join the 20-year anniversary celebrations speaking at a Nov. 6 event hosted by The Wildlands Conservancy at the Whitewater Preserve.

"The 1994 law was a great first step, but there is broad consensus that more needs to be done," Feinstein said in a statement ahead of her visit. "I plan to introduce an updated bill in the new Congress that will balance the needs of this land, protecting the most fragile regions, setting aside other land for recreation use and allowing the state and local communities to benefit from this bill."

The legislation, which is expected to be introduced in January, is an updated version of a bill that Feinstein has been promoting since 2009.

While the details have yet to be announced, the proposal centers on creating two new national monuments covering more than 1 million acres. It would establish the Sand to Snow National Monument, stretching from near Joshua Tree National Park to Mt. San Gorgonio, as well as the Mojave Trails National Monument, between Joshua Tree and the Mojave Preserve, including a historic stretch of scenic Route 66.

That status would heighten the level of protection for vast areas of desert with a rich variety of plants and animals ranging from desert tortoises to bighorn sheep. The bill would also designate additional federal lands as protected wilderness and would designate four areas as recreational sites for off-road vehicles.

Those steps will ensure wildlife "corridors" and help keep ecosystems intact, said April Sall, conservation director of The Wildlands Conservancy.

"It's a pretty important ecological hotspot, and it's a great opportunity to highlight that and at the same time create a tourist attraction and provide great access points for the public to enter the wilderness," said Sall, whose organization administers the Whitewater Preserve and is supporting the creation of new wilderness areas.

The national monuments proposed by Feinstein would include areas that are also separately proposed for protection under the Desert Renewable Energy Conservation Plan, which would divide 22.5 million acres of the desert into zones for solar and other energy projects, conservation lands, and recreation sites.

David Lamfrom, associate director of National Parks Conservation Association, said that by creating additional national monuments, Feinstein's bill would make an area that has already grown increasingly popular as a tourist destination even more attractive.

"As the world gets smaller, our wide open spaces and our starry skies become really what everybody else is looking for," Lamfrom said.

The lure of Joshua Tree for visitors has grown markedly since it became a national park and was expanded under the California Desert Protection Act. The numbers of visitors have grown from less than 1.2 million in 1994 to what is expected to be a record 1.5 million visitors this year.

Those hikers, climbers, campers and others have brought a growing economic boost to communities such as Twentynine Palms and Joshua Tree, where motels, restaurants, and gas stations depend largely on out-of-towners during the cool winter months.

"The protection of the desert land all around us is extremely important because visitors come to escape urban America," said Vickie Waite, executive director of the Joshua Tree National Park Council for the Arts, which is coordinating a series of events celebrating the 20th anniversary of the 1994 law.

The anniversary events include hikes, speeches, receptions and the unveiling of a new mural in communities across the desert.

Those attending the anniversary events will include Pat Flanagan, a naturalist who leads nature walks at the Oasis of Mara.

"Something as monumental, congressionally monumental, as this should be celebrated, and every 10 years is a good time to do it," Flanagan said.

She praised Feinstein's work in backing the legislation 20 years ago, and recalled that those changes took years to win approval after an initial version was introduced by Sen. Alan Cranston in 1986.

"This is not easy work, and you have to have a long vision," Flanagan said.

The work of creating Joshua Tree National Park and the other desert wilderness areas goes back a century and has involved many contributors.

Minerva Hamilton Hoyt for years championed the creation of a national park before President Franklin D. Roosevelt established Joshua Tree National Monument in 1936. By 1950, the size of the park had been reduced significantly to make room for mining of iron and gold.

During the past two decades, the national park has been expanding, though it remains significantly smaller than the original national monument created by FDR. That gradual expansion has been boosted by the Mojave Desert Land Trust, a nonprofit formed in 2005, which has bought 123 properties totaling 7,500 acres.

Danielle Segura, the organization's executive director, said the 1994 law guides its work and is "a hallmark for protecting open spaces for the public."

At the park headquarters, Superintendent David Smith has a series of maps on his wall showing how the boundaries of Joshua Tree National Park have changed since 1936.

"This is the boundary that FDR created for the park, in his opinion, working with conservationists at the time," Smith said, standing beside the map. "He thought this was a realistic appraisal of what the park should be. I think we're trying to replicate that. We're looking at more, broader ecosystem management."

Smith said that includes working on ways to link the national parks and other protected areas to allow for migration corridors, and also working with other agencies to protect wilderness areas outside the park.

Those tasks take on even greater importance, he said, as the park plans for threats including global warming and fires fueled by invasive weeds – which scientists predict could lead to the disappearance of Joshua trees in much of the park by the end of the century.

"It's a bigger picture. It's more than just the boundaries around the park," Smith said. "Yeah, we've come a long way in preserving some of these desert places, but now we've got to look outside."

Desert act turns 20, what it saved

Hikers climbing up to Keane Wonder mine in Death Valley National Park. (Rita Beamish)

By Deborah Sullivan Brennan
San Diego Union-Tribune

Twenty years ago today, the California Desert Protection Act designated 7.6 million acres of the state’s backcountry as wilderness.

Portions of that land had been mined, grazed and used illegally for off-roading.

For desert lovers such as Nick Ervin of San Diego, California’s deserts represented a wide-open expanse of solitude and stillness, just hours from the state’s biggest cities. After surveying what he saw as damage to them from human activities, he found a chance for restoration.

Nick Ervin, activist.

Ervin joined fellow Sierra Club activists to spearhead San Diego County support for the Desert Protection Act, first introduced by Sen. Alan Cranston and then shepherded through Congress by Sen. Dianne Feinstein.

The legislation established the 1.6 million-acre Mojave National Preserve and designated Death Valley and Joshua Tree as national parks. It also set aside as wilderness smaller tracts in San Diego and Imperial counties, including the Fish Creek, Coyote and Sawtooth mountains near Anza-Borrego Desert State Park.

The bill faced opposition from people who feared it would engulf private land, ban visitors from wilderness areas and forbid popular activities such as hunting and off-roading. The debate escalated into scuffles at times, Ervin remembered.

In the end, the law didn’t secure the pure, unaltered wilderness that some proponents sought. Certain mining and grazing operations were grandfathered in, and hunting continues in the Mojave National Preserve.

Motor vehicles aren’t allowed in wilderness zones. But adjoining land and some roads that traverse the protected acreage are still open to traffic that includes off-road vehicles, said Paul Turcke, an attorney who has represented off-road enthusiasts nationwide. Litigation over the desert access remains to this day, he said.

The legislation became law on Oct. 31, 1994, when then-President Bill Clinton gave it his signature. For the 20th anniversary milestone, Ervin, a retired psychotherapist who now teaches at National University, talked with U-T San Diego about his efforts to preserve the state’s open spaces. Here is an edited version of that discussion:

Question: How did you get involved in the campaign to pass the California Desert Protection Act?

Answer: I was active in the local chapter of the Sierra Club in the late ’70s early ’80s. ... Some big conservation activists in Los Angeles gathered information and then approached Sen. Alan Cranston about sponsoring a bill in Congress to rectify the big problems with how the desert was being run over by off-road vehicles, reckless mining, reckless grazing and uncontrolled urban development around desert cities. They said we need organizers in San Diego and Imperial counties.

Question: What was your particular role?

Answer: I and two other organizers ... followed the bill from 1988 to 1994. We wrote articles, we did letter-writing campaigns. I did old-fashioned slide shows — it wasn’t PowerPoint in those days. I did garden clubs, classroom presentations. We wrote op-eds.

Question: What were the challenges to securing support for desert protection?

Answer: There was a belief that it’s an empty waste, where there’s not much life. Or it’s a fearful place with rattlesnakes and scorpions. It’s a harder sell to the general public than forests or lakes.

Question: Why did you believe the cause was important?

Answer: I had been hiking in the desert for years and years, and had seen how outside of Anza-Borrego Desert State Park, there were lots and lots of off-road activities. ... Desert foliage is very slow to heal and very fragile. You can do hundreds of years’ worth of damage in an afternoon with an off-road vehicle that is poorly used.

Question: What does the act mean for San Diegans?

Answer: It means that a lot of the desert lands around Anza-Borrego park have the highest official protection status that you can give any land in perpetuity. It would require an act of Congress to reverse the Desert Protection Act.

Question: What were your responses to critics who said the law imposes restrictions on too much land?

Answer: There were meetings in the late ’80s that were big-time contentions. There was actually some pushing and shoving going on. ... I personally got hate mail. They were typically centered around one accusation that we were locking up desert land against the average citizen. ... The old stereotype was we were watermelons — green on the outside and red on the inside. People said it was a communist plot, socialism in action in the California desert.

Question: What were the eventual accommodations for existing uses such as wildlife management, hunting and grazing?

Answer: One of the big concessions was the Mojave National Preserve (instead of it becoming a national park). There were several concessions that hunting would permanently allowed. ... Back then, there were people doing grazing on federal lands under a lease, who were really afraid of losing their grazing rights. Dianne Feinstein said we will never force you to sell (grazing rights). That was a pretty big concession. There’s always been a big debate about guzzlers (artificial water sources built to aid wildlife). The Desert Protection Act doesn’t really address what guzzlers should be allowed and where. And that debate goes on.

Question: What do you think about the status of the California desert today and the role of energy developments such as solar and wind farms?

Answer: As preservationists we’ve been torn, because as preservationists we support renewable energy. But some of us on the desert land (issue) object to some of these developments because the government is sometimes allowing them on lands that are not already burned out agricultural lands, or toxic waste sites and brownfields. They’ve allowed some of these developments on pristine, high-quality desert habitat and not next to existing power lines. ... We’re also arguing for more rooftop development in cities, where the energy is used. Renewable energy and where it’s to be sited is the argument for decades ahead.

California Desert Protection Act turns 20, celebrations planned

“Queen Valley” by Yucca Valley photographer Mike Fagan. (Courtesy Joshua Tree National Park Council for the Arts)

By Joe Nelson
San Bernardino Sun

The Joshua Tree National Park Council for the Arts, in cooperation with Death Valley National Park and the Mojave National Preserve, will be sponsoring a series of events this fall in celebration of the 20-year anniversary of the California Desert Protection Act, which expanded protection of California desert land by 8.6 million acres.

Events are planned from Oct. 31 through Nov. 15 from the Coachella Valley to Death Valley.

The Council for the Arts has launched a website, caldesert20.org, which includes a calendar of planned events that will updated regularly and a link to the summary and text of the California Desert Protection Act.

Adopted on Oct. 31, 1994, the California Desert Protection Act established the Mojave National Preserve and designated Joshua Tree and Death Valley national monuments as state [sic] parks while also expanding their footprint. It also established 69 wilderness areas managed by the Bureau of Land Management.

Feinstein said in a statement Friday that the California Desert Protection Act has allowed millions of Americans to enjoy 7 million acres of pristine California desert.

“Since that bill passed 20 years ago, I remain absolutely convinced that preserving this pristine desert land is the right thing to do,” Feinstein said. “That’s why I will soon introduce new legislation that will protect lands donated to the federal government by creating a new national monument while allowing recreation and renewable energy development to occur in other desert lands where it is more appropriate.”

She said there are not many spaces that are as pristine, as beautiful and worthy of protection than the California desert.

“I’m proud to have a wide array of allies in this pursuit, and I am eager to continue my work to preserve this land,” Feinstein said.

The Council for the Arts is working with the city of Twentynine Palms, the town of Yucca Valley and the unincorporated Joshua Tree and Morongo Valley to promote events to be held in mid-November that include a Desert Dinner featuring local elected officials and the national park’s new superintendent, a mural unveiling in Twentynine Palms, wilderness walks and hikes at Joshua Tree National Park and art exhibits, said Vickie Waite, executive director of the Joshua Tree National Park Council for the Arts.

Waite encourages local organizations and members of the community to get involved by contacting her via email at director@caldesert20.org.

In Ridgecrest near Death Valley, visitors can experience the first ever Ridgecrest Petroglyph and Heritage Festival in November, which will highlight American Indian rock art in desert mountains and the Indian Wells Valley, said Doug Lueck, executive director of the Ridgecrest Area Convention and Visitors Bureau.

New Desert Protection Act Coming

Sen. Dianne Feinstein, D-Calif.

Commentary

by Sen. Dianne Feinstein
SCV News.com

As America’s environmental innovator, California demonstrates that conserving natural resources and developing clean energy sources can coexist.

That is the reason California set the goal of generating 33 percent of its electricity by 2020 from renewable resources such as wind and solar energy. It is also the reason Los Angeles committed to phasing out coal-fired electrical power over the next 12 years.

That kind of forward thinking should extend into other areas, including how we use California’s deserts for energy development.

There is strong support in California to protect pristine desert areas. There is also strong support for the responsible development of renewable energy projects.

I believe those two goals can exist side-by-side by focusing energy development on suitable sites such as military bases and disturbed private land while protecting unspoiled desert landscapes.

The Mojave Desert is home to majestic mountains and spectacular valleys, towering sand dunes and stunning oases, all of which provide habitat for diverse plants and wildlife.

These beautiful vistas are home to remarkable archaeology, beauty and wildlife. One can find some of the last remaining dinosaur tracks, Native American petroglyphs, abundant spring wildflowers and threatened species including the bighorn sheep and the desert tortoise, which can live to be 100 years old.

But the western edge of the Mojave — 100 miles northeast of Los Angeles — is also home to Edwards Air Force Base and other developed lands.

In 2009, I learned the Bureau of Land Management was accepting applications to build solar and wind projects on federal land throughout the Mojave Desert, including pristine lands donated for conservation purposes in the East Mojave. I acted quickly to prevent this type of development, introducing legislation to establish the Mojave Trails National Monument in the eastern Mojave.

But I also obtained federal funding to study the feasibility of generating renewable energy on military installations in California’s deserts in a manner consistent with both environmental protection and the military mission.

The study, conducted by the Department of Defense and released in January 2012, concluded: “Over 7,000 megawatts of solar energy development is technically feasible and financially viable at several Department of Defense installations in the Mojave and Colorado Deserts of California.”

The report found that “Edwards Air Force Base had the highest solar potential of the military installations studied.” Of the 7,164 megawatts of potential solar capacity at military installations in the California deserts, the base accounts for 3,488 megawatts (49 percent) of the total. Of 125,507 economically viable acres for solar photovoltaic ground development, the base contains 92,009 acres (73 percent of the total).

I will soon introduce a new California Desert Protection Act to address the many competing land use demands in the desert, including conservation, recreation and military training. A central piece of the legislation will protect 266,000 acres of land donated or acquired with federal conservation funds by creating the Mojave Trails National Monument.

I have worked with members of the energy industry in the past to develop this legislation in a way that addresses their concerns and look forward to receiving their support for this bill.

It is possible to preserve our natural environment while producing environmentally-friendly energy. The next generation of Californians will thank us for it.

U.S. Sen. Dianne Feinstein, D-Calif., is the author of the 1994 California Desert Protection Act.

Government shutdown complicates deer hunting season at Mojave National Preserve

Piute Gorge. The closure of federal lands will put a damper on the opening of deer hunting season atthe Mojave National Preserve. / Mojave National Preserve

Written by Denise Goolsby
The Desert Sun

The government shutdown-induced closure of all federal lands — including national parks — is going to put a damper on Saturday’s opening of deer hunting season, when scores of hunters will be turned away at the gates of the Mojave National Preserve.

Compounding the situation is that the California Department of Fish and Wildlife — which regulates hunting, fishing and other game-related activities in the state — allows hunting in state wildlife areas but must enforce the federal government’s closure of national parks and Bureau of Land Management territory — where hunting is normally permitted.

“If people are hunting, they are subject to a citation,” Andrew Hughan, California Department of Fish and Wildlife public information officer said Friday.

But there’s been confusion throughout the week as to what, if any, federal lands would be open to hunters on Saturday.

The shutdown has made it difficult for state and federal agencies to communicate, and local officials are working to clarify conflicting information.

“Mojave National Preserve is closed to all recreational use, including hunting,” said Linda Slater, the preserve’s public information officer. “Our rangers are going to use an educational and informational approach to work with hunters to help them understand the situation.”

The southern boundary of the sprawling, 1.6 million-acre preserve is north of the Marine Corps Air Ground Combat Center, Twentynine Palms in San Bernardino County, just north of the Interstate 40 freeway, is about a 90-minute drive from Palm Springs. The preserve was established in 1994 with the passage of the California Desert Protection Act by Congress and is part of the national park system.

“Mojave National Preserve is arguably the most popular location for hunters in Southern California,” said David Lamfrom, senior California desert program manager for the National Parks Conservation Association.

But those who purchased hunting licenses and “tags” — required for the taking of certain big game animals, including deer — might not realize they can’t enter the grounds.

The preserve has multiple access points, a situation that creates a “high potential for conflict with law enforcement,” if disgruntled hunters decide to ignore the closure, he said.

“It’s public land,” Lamfrom said. “It’s going to be another example of a portfolio of people not being served. They miss the opportunity to do the things they love to do or want to do.”

“We share everyone’s disappointment that the National Park Service is shutdown,” said Slater, who happens to be on furlough but is handling media inquiries. “We look forward to getting back open as soon as we can.”

The preserve is the third largest park in the lower 48 states. Only Death Valley National Park (3.4 million acres) and Yellowstone National Park (2.2 million acres) are larger.

Dennis Schramm, who retired as Mojave National Preserve superintendent in 2010, worked at the preserve during the previous government shutdown for several weeks in 1995 and 1996.

A couple of hundred hunters, many who’ve been coming since the preserve opened, look forward to the first weekend of deer hunting, he said.

“Opening day of rifle season for deer hunting is a big deal,” Schramm said. “They go to the same spots every year. The group campsites get filled up.”

He said thinly stretched preserve employees — only essential personnel are still working while most of their colleagues are furloughed — could face some angry hunters who might choose to bypass the barriers.

“It’s a major concern,” Schramm said. “If they don’t resolve this ... it’s going to catch people off guard. Hunters are going to show up there and not be very happy. It’s going to be a very difficult impact for park staff.”

“Nothing about this situation is easy,” Schramm said. “It is difficult for the park staff to implement the closures, and equally difficult for the public to understand why they can’t just visit the parks anyway.”

Schramm, who was traveling with family through Durango, Colo. during this interview, had plans to visit some of the state’s national parks during the weeklong trip — including a visit to the Great Sand Dunes National Park and Preserve.

“All the things we planned on doing this week, we can’t do,” he said.

Lamfrom said the fallout is going to be felt by gateway communities that provide goods and services for hunters and campers coming in and out of the preserve.

“The shutdown of the federal government has created countless unexpected and unnecessary impacts to the National Parks in the California desert, and on the communities that rely heavily on them for their economic well-being,” he said.

How long the shutdown lasts is anyone’s guess, he said.

“We’re all in denial,” Lamfrom said. “We thought it would be over the day after the government shut down. There are economic impacts that are radiating. Look how deeply connected all these economic systems are.”

When open for business, the three California desert national parks sites – Joshua Tree National Park, Mojave National Preserve and Death Valley National Park – combined, welcome more than 6,500 visitors a day in October. The three parks collectively infuse more than $230,000 a day into local communities.

County gives up Mojave Preserve roads

San Bernardino County no longer will handle their upkeep, which will now be the domain of the National Parks Service

The National Park Service will take over a dozen San Bernardino County roads in the Mojave National Preserve.

BY IMRAN GHORI
Press-Enterprise

San Bernardino County turned over about a dozen roads in the Mojave Preserve to the National Parks [sic] Service this week, fulfilling one of the requirements in a legal settlement it agreed to last year.

The county sued the federal government in 2006 over its rights to the roads because county crews had been maintaining them for decades before the preserve was created as part of the 1994 Desert Protection Act.

In the settlement last year with the Department of Interior and three conservation groups, the county agreed to give up its claims to the roads. In turn, the federal government agreed to maintain them and keep them open.

The Board of Supervisors formally approved the agreement at its Tuesday, Sept. 10, meeting.
Environmental groups had backed the settlement, saying it would keep the roads open while also protecting desert tortoises, bighorn sheep and other sensitive species along the routes in the eastern Mojave Desert.

County officials were concerned about the federal agency maintaining the roads, some of which cross private lands, and on which many residents rely.

Don Holland, special assistant to Supervisor Robert Lovingood, whose 1st District includes the preserve, said a separate agreement with the federal agency fully protects county residents. The road must be kept to a “commercially viable” standard, he said.

Lovingood was out of town this week but Board Chairwoman Janice Rutherford read a statement from him at Tuesday’s meeting saying that his office plans to work with the county Public Works Department in monitoring the terms of the agreement.

“It is important to ensure that the identified roads that will be transferred to the National Park Service remain open and accessible to all residents and visitors,” Lovingood said in the statement.

Clock running out on wilderness bills

The Castle Mountains are part of an area that would be added to the Mojave National Preserve under Sen. Dianne Feinstein’s California Desert Protection Act. (Photo: Contributed Image/The Press-Enterprise)

BY BEN GOAD
Press-Enterprise

WASHINGTON — Every United States Congress for nearly half a century, no matter how divided, has agreed to set aside undeveloped tracts of land for future generations by designating them as wilderness areas.

But as the nation’s 112th Congress draws to a close, lawmakers have yet to protect a single acre of forest, mountain or desert under the Wilderness Act. The clock is running out on 27 such bills, including Democratic Sen. Dianne Feinstein’s plan to preserve more than a million acres in San Bernardino County’s High Desert and Republican Rep. Darrell Issa’s legislation to expand an existing wilderness area along the Riverside and San Diego county line.

As long as Washington remains consumed with efforts to avoid a national plunge off the “fiscal cliff,” it is likely that all of the bills will expire with the 112th Congress on Dec. 31. But advocates and congressional staffers attribute inaction on wilderness bills to a larger problem: bitter partisanship that has pervaded even areas in which Democrats and Republicans previously found common ground.

“It is interesting that we have these bipartisan supporters, and the committees are still not moving them (the bills) forward,” said Annette Kondo, a spokeswoman for The Wilderness Society.

In 1964, Congress passed the Wilderness Act, which set aside more than nine million acres throughout the country and authorized Congress to designate wilderness areas where appropriate. Apart from the following Congress — the 89th — every Congress since has taken advantage of that power.

Almost 110 million acres across 44 states has been set aside as wilderness, including more than 15 million acres in California, according to the Congressional Research Service.

Feinstein, D-Calif., first introduced her California Desert Protection Act in late 2009, and she reintroduced the bill at the start of the current Congress in January 2010.

The legislation would bar development on more than a million acres in the Mojave Desert and northwest of Palm Springs. The largest component is the 941,000-acre Mojave Trails National Monument, encompassing dry lakes, mountain ranges and other terrain on both sides of Interstate 40, south of the Mojave National Preserve. It also would establish the Sand to Snow National Monument stretching across 134,000 acres from San Gorgonio Peak to the desert floor near Palm Springs.

The bill has support from a broad spectrum of local groups and officials and was the subject of a hearing before the Senate Energy Committee.

But it stalled in the face of possible opposition from Republicans, who question whether so much land should be deemed off-limits to development or other uses.

“There are Republicans who don’t want to do conservation bills,” energy committee spokesman Bill Wicker said.

“It’s really pretty simple. They just refuse to vote for them.”

Wilderness bills in the Senate are traditionally passed by unanimous consent, rather than a recorded vote, meaning that a single opponent can block passage.

Feinstein said she remains committed to passing the bill.

“I plan to reintroduce the bill early next year and look forward to working with the new Senate Energy and Natural Resources Committee chairman,” Feinstein said.

Both Feinstein’s bill and the Issa legislation won backing from the Obama administration, which issued a report in November 2011 urging Congress to approve those and 16 other wilderness bills in a single package.

The Issa measure would protect 21,000 acres, roughly doubling the existing Beauty Mountain and Agua Tibia wilderness areas in southwestern Riverside County and extending them into San Diego County.

Sen. Barbara Boxer, D-Calif., who championed the original Beauty Mountain bill, introduced companion legislation to Issa’s bill in the Senate.

Though there is some opposition to wilderness legislation in the Senate, the lower chamber is the real problem, said Paul Spitler, policy director for The Wilderness Society.

“There is an extreme minority in the House of Representatives that is philosophically opposed to wilderness,” he said, noting that none of this year’s wilderness bills were approved by the House Natural Resources committee, which has jurisdiction over them.

A year ago, the panel’s chairman, Rep. Doc Hastings, R-Wash., raised concerns about the White House’s wilderness plan, arguing that “the federal government already owns more lands than it can afford to properly manage.”

Committee spokeswoman Crystal Feldman defended the panel’s record on public lands issues.

“While neither the Senate or the House have passed wilderness legislation this Congress, the House Natural Resources Committee has held hearings on several wilderness bills, thoughtfully and carefully examining whether they have broad local support and how they would impact jobs, local economies and recreational opportunities,” she said.

While Issa, R-Vista, and other Republicans have proposed individual wilderness bills, some in the GOP are reluctant to support the measures, which they feel limit land use rights.

Following a statewide redistricting effort, Issa will no longer represent any part of Riverside County or the area where the new wilderness area is proposed.

Rep. Duncan Hunter, R-Alpine, who will represent that area in the next Congress, has not yet taken a position on the legislation, according to his spokesman, Joe Kasper.

With no movement in sight, Issa and proponents of the other 26 wilderness bills now languishing in Congress have no choice but to look to the next Congress, or beyond.

Said Issa spokesman Frederick Hill: “We believe the proposal has merit and will ultimately become law.”

Cadiz water project faces federal, local hurdles

The Metropolitan Water District, U.S. Sen. Dianne Feinstein, environmental rules and lawsuits could stand in the way of the controversial Cadiz water project.

Water from a pilot well at the Cadiz project pours into a spreading basin in the Mojave Desert. If approved, the water project would move underground water 200 miles west to Southern California suburbs. (Al Seib, Los Angeles Times / May 8, 2012)

By Bettina Boxall
Los Angeles Times

Plans to sell groundwater from beneath the Mojave Desert to Southern California suburbs are likely to pick up another approval Monday when Cadiz Inc.'s proposal goes before the San Bernardino County Board of Supervisors.

But the company's highest hurdles lie ahead.

The project faces mounting legal challenges, difficult negotiations with the Metropolitan Water District of Southern California over use of the Colorado River Aqueduct, opposition from California's senior U.S. senator and the possibility that it may yet be forced to undergo an exhaustive review under federal environmental law.

"I think the biggest obstacle Cadiz is going to have is sitting in Washington, D.C., named Dianne Feinstein," water district board member Brett Barbre said. "She is committed to do everything to make sure this doesn't happen.... I don't see how politically it gets done. And financially I don't see how this water pencils out."

At least some Metropolitan Water District board members have not forgotten that Cadiz sued the agency when the water district dropped out of a groundwater project the company proposed a decade ago. They are skeptical that the project will qualify for the MWD subsidies Cadiz intends to seek. And they are concerned about the presence of hexavalent chromium, a carcinogen, in the groundwater that Cadiz would have to transport in the river aqueduct, which the Metropolitan Water District owns and operates.

Scott Slater, a well known water attorney and president of Cadiz, has expressed confidence that an agreement can be struck with the MWD. Cadiz Chief Executive Keith Brackpool has no shortage of political connections, notably his friendship with Los Angeles Mayor Antonio Villaraigosa, who appoints the city's representatives on the MWD board.

Cadiz has "been dealt what I would consider to be one debilitating blow after another. And they have shown tremendous resilience," said MWD board member Larry Dick. Nonetheless, he added, "my feeling is that none of this is going to be easy, none of it."

Dick and Barbre represent the Municipal Water District of Orange County, which has to sign off on the Cadiz project because it oversees the Metropolitan Water District's imports to Orange County, the location of Cadiz's biggest potential customer, the Santa Margarita Water District.

A looming state standard for hexavalent chromium, a toxic heavy metal that is naturally occurring in the aquifer Cadiz plans to tap, could prompt the MWD to require expensive treatment of the groundwater before it is pumped into the Colorado aqueduct.

Slater has said he hopes to lessen costs by undertaking limited treatment in the well field and blending the groundwater in the aqueduct with river water. That would also provide a benefit to the MWD, he has suggested, because the groundwater has lower levels of corrosive salts than the river supplies.

"It's going to be a negotiation over benefits," Slater said in July. "Our water is a lot softer."

But pumping tainted groundwater into the aqueduct would be "a nightmare scenario," Barbre said. "They're going to have to treat it. I guarantee you our board is not going to say, 'Oh yeah, it's lower in salts, and maybe it's higher in chromium 6.... We'll take it. No problem.'"

John Foley, chairman of the MWD board, also questioned Cadiz's interest in agency subsidies that the company intends to pursue to lower the price of its water. In one program, the MWD funds the development of local water resources, including recycling projects or groundwater cleanup. The other is a complicated federal program that allows Colorado River contractors such as the MWD to gain credits for river supplies by introducing non-river water into their systems.

But the Cadiz project is 200 miles east of the MWD's coastal service area. "It's not really a local project," Foley said. "I would think that would have a difficult time getting through the board."

Ditto for using Cadiz groundwater to obtain a river credit. "It's a little stretch of the imagination. It was never intended to" work that way, Foley said.

Cadiz has enjoyed a warmer reception from San Bernardino County supervisors, who have received nearly $80,000 in combined campaign contributions from the corporation since 2007. The board approved an agreement with Cadiz earlier this year, and on Monday, it is expected to OK a pumping management and monitoring plan. The project has also been approved by the Santa Margarita Water District, the lead in the state environmental review process.

The management plan gives the county greater enforcement authority than an earlier draft. It also sets a floor for groundwater withdrawal, allowing the pumping to lower the water table beneath the well field no more than 80 feet. "The key provision now is the floor that has been added by the county," said Christian Marsh, the county's outside counsel in the matter.

But the plan still allows Cadiz to extract more water than is naturally recharged, drawing down the desert aquifer by slightly more than 1 million acre feet over the 50-year life of the project. (An acre foot is enough to supply two households for a year).

Critics say the management plan is full of loopholes that will make it tough to prove environmental harm is a result of the pumping and also gives the project too much leeway in measuring the floor. "There are so many places along here where it's just so easy to say, 'That's not us,'" said Debra Hughson, science advisor to the nearby Mojave National Preserve.

The preserve was established by Feinstein's Desert Protection Act in 1994 and the California Democrat has demanded federal review of the Cadiz project, which is surrounded by public land. The U.S. Interior Department is considering whether the company's proposed pipeline route along a federally granted railroad right-of-way will require a federal permit.

The number of lawsuits filed against the project has grown to five. The plaintiffs include major environmental groups, a company that owns an industrial salt mining operation near the Cadiz property, and a labor union that argues the project's environmental documents failed to account for the possible dangers of munitions debris left in the area during World War II military exercises.

Vandalism at Providence Mountains Could Have Been Avoided

by Chris Clarke
KCET.org

The author at the Providence Mountains SRA visitor center, November 2008 (Annette Rojas photo)

Lovers of California's desert State Parks were dismayed last month when the LA Times' Louis Sahagun reported a spate of serious vandalism at the Providence Mountains State Recreation Area (SRA). At least four times in recent months, vandals broke into the isolated park -- one of six desert State Parks slated for indefinite closure by Governor Jerry Brown -- and stole equipment, smashed windows and display cases left in the SRA's Visitor's Center, and stripped copper wiring from conduits running from service buildings to the lighting system in the celebrated Mitchell Caverns.

The SRA, shuttered for some months before the release of the parks closure list due to deferred maintenance and the retirement of two rangers, is one of the most remote holdings in the State Parks inventory. Surrounded by the Mojave National Preserve, fifteen and a half miles off Interstate 40 at the end of Essex Road, the 5,900-acre SRA is the kind of place you don't go unless you mean to.

The SRA and the Providence Mountains that contain it are a classic desert "sky island," an oasis of diverse plant life made possible by the relatively cooler temperatures and greater moisture atop many desert mountain ranges. The range's summit, Edgar Peak, tops out at 7,162 feet above sea level -- high enough above the searing desert floor to support live oaks and manzanitas. Below the summit, a veritable botanic garden of Mojave upland plants thrives, from barrel cactus and Mojave yucca to pinyon and juniper.

But most of the visitors the SRA hosted before its closure came for the caves. The MItchell Caverns, so-named for erstwhile owner-promoter Jack Mitchell, are a set of three solution caves in the Providence Mountains' abundant limestone. One cave, Winding Stair Cavern, is challenging even for advanced spelunkers, but the El Pakiva and Tecopa caves have been open to the general run of tourists since around 1934, when Jack Mitchell first started leading tours. The Mitchells sold the land to the State Parks in the mid-1950s, and park rangers have led tours since then. Before the SRA closed in 2011, a few groups of tourists a day would follow guides up and down metal staircases through the caverns on tours lasting about an hour and a half. It was a popular tour, and a respite from the summer desert heat.

It may be a very long time before the public can enjoy the caves again, or the small but impossibly scenic campground nearby. On February 5, San Bernardino sheriff's deputies arrested Christopher Alvarado, 48, of Azusa and Trisha Sutton, 36, of Covina at a desert campsite near the SRA after responding to a call that trespassers were on the SRA grounds. Officers reported the pair had stolen property and burglary tools in their campsite. The two were booked on suspicion of burglary and related charges, as well as possession of illegal drugs. Whether it was Alvarado and Sutton who vandalized the SRA or someone else, at least $100,000 in repairs will be necessary to restore the park's facilities to the point where they were before the vandalism. At that point the state would still need to budget for a new water supply and continued staffing before reopening the SRA.

Most people who frequent the California State Parks have one or two parks that they hold dearest, and though it's hard to choose Providence Mountains may well be mine. I've spent many hours there hiking, staying in the small campground, and following gamely along on cave tours. There are few better places in the Mojave for watching sunsets.

I had one of the oddest experiences in my life at the Providence Mountains Visitor Center, in fact. I was visiting in 2008 with my now-fianceé, looking at the exhibits whose display cases have since been trashed by the vandals, and she let out a sudden gasp. Then so did I. By way of explaining what prompted our gasps a few facts will be helpful:

• The caves were used as shelter by large, now extinct mammals such as the Shasta ground sloth, the remains of which have been found there.
• My friend Carl Buell, a talented paleontological illustrator, once painted a scene which included a Shasta ground sloth, my late dog Zeke, and myself looking out over the Pleistocene Mojave Desert.
• That image comes up high in most Google searches for "Shasta Ground Sloth."

So it isn't all that surprising that a State Park Ranger looking for available images of Shasta ground sloths to include in interpretive displays might find Carl's painting, and as that painting includes a human being painted to scale it makes sense that that ranger might include it to give a sense of how big the sloths were.

Still, the oddness of looking at a display of paleontological exhibits and finding yourself included there can hardly be exaggerated.

Whether inside the Visitor Center or outside, no one is going to have unusual experiences at the Providence Mountains SRA for the foreseeable future, as the State Department of Parks and Recreation struggles even just to step up security at the gate, let alone commit to repairing the damage done by vandals and by the ravages of time. Even just assessing the scale of the vandalism is a daunting task. Though State Parks staff told the LA Times' Louis Sahagun that they haven't seen damage to the caverns themselves, a thorough damage count will likely need to wait until the caves' lighting system can be rewired.

An obvious route forward might be for the National Parks Service to assume responsibility for the SRA, as the Mojave National Preserve completely surrounds the property. Supporters of other parks on the closure list have been working out similar arrangements, either with NPS or with other agencies or NGOs. The Mojave National Preserve's Chief of Interpretation Linda Slater tells me that for their part, Preserve rangers have tried to keep a closer eye on the SRA since the break-in. "We've got 1.6 million acres of our own to look after, and we don't have enough rangers to cover our own land the way we really want to. But we're doing what we can." Slater points out that taking on management of the Providence Mountains would add a significant amount to the Preserve's operating expenses, and that money would have to come from somewhere.

In the meantime, the closure has effectively cut off access to some of the most attractive hiking areas in the Preserve: the SRA was the trailhead of choice for hikers wanting to get to the high peaks in the Providence Mountains.

As it turns out, all this could have been avoided if not for political grandstanding by Representative Jerry Lewis (R-San Bernardino). In the years following the establishment of the Mojave Preserve by the California Desert Protection Act of 1994 (CDPA), The NPS and California's Division of Parks and Recreation were actually in negotiation to transfer the SRA to Preserve management. Lewis, whose currently sprawling district includes the Preserve, was an opponent of the CDPA due to wilderness provisions in the bill, and due to perceived threats to the lifestyles of people living in the newly created Preserve.

In 1996 Lewis inserted language into that year's House Appropriations Bill cutting the Preserve's annual budget to $1.00, a move that briefly made him a conservative icon. The exuberantly right-wing 104th Congress was only too happy to approve his amendment. Strapped for cash, the Preserve was unable to continue pursuit of a land transfer to the NPS, and the Providence Mountains SRA stayed in State hands.

Lewis's district has changed considerably in the last year, being redrawn in the last round of redistricting with a more heavily urban, potentially liberal electoral base. In January of this year, likely as a result of the greater likelihood of losing his seat, Lewis announced his retirement from Congress.

Many factors contributed to the closing and subsequent vandalism of the Providence Mountains SRA, from the outrageous culpability of the vandals to the sweeping anti-tax sentiment among voters on initiatives over the last 40 years, to the park's general remoteness and lack of support among Californians. But if you're looking for one person to blame for the whole mess, Jerry Lewis is as good a person as any to pick. After 33 years in Congress you might hope for a legacy more inspiring than making sure the only limestone cave in the State Parks system is closed to the public for as long as a generation.

Chris Clarke is an environmental writer of two decades standing. Author of Walking With Zeke, he writes regularly at his acclaimed blog Coyote Crossing and comments on desert issues here every week. He lives in Palm Springs.

Desert preservationist Hughes dies

Pioneering Inland-area environmentalist Elden Hughes outstretches his arms while saying, "What a beautiful day" in 2009. (FILE PHOTO)

David Danelski
Press-Enterprise

Elden Hughes, dubbed by many the “John Muir of the desert” for his work to preserve wild lands, has died after a battle with cancer. He was 80.

Mr. Hughes spent years exploring and documenting the wonders of the Mojave Desert and other pristine areas, convincing policy makers that such places should be preserved forever.

His work spurred passage of the California Desert Protection Act of 1994, which created the 1.6-million-acre Mojave National Preserve in San Bernardino County. It was a key part of his work that earned the comparison with Muir, the naturalist whose work helped establish the Yosemite and Sequoia national parks.

“Elden Hughes dedicated his life to the protection and revival of our great Mojave Desert and its tortoises,” said Sen. Dianne Feinstein, D-California, in a prepared statement.

“I'll never forget when he brought a couple of tortoises to a large constituent breakfast and the amazed and glowing faces of youngsters when he told them they live for decades, “ added Feinstein, who sponsored the legislation.

“He was just a lover of life, smart and witty, and a great singer and guitar player,” said David Myer, a friend of Mr. Hughes and executive director of The Wildlands Conservancy, based in Oak Glen. “He just had a zest for life that was even endearing for his opponents, and that zest was a great asset for his promoting the environment.”

Mr. Hughes’ wife Patty said Monday that Mr. Hughes had been battling prostate cancer and recently suffered from severe back pain. He died early Sunday at their home in Joshua Tree.

“I take joy in knowing that he is no longer suffering,” she said.

In a 2009 interview, Mr. Hughes took insisted on taking a reporter to the remote Sheephole Pass in the hills east of Twentynine Palms. He gestured in the gusting wind toward his legacy that stretched as far as the eye could see.

Beyond a vast valley and bright-white Bristol Dry Lake, the jagged horizon was defined by the successive peaks of the Marble, Clipper and Providence mountains — ranges now preserved in the federal legislation he fought for.

“It's just glorious,” said the large man with a white beard wearing a red polo shirt. “You can see the bare bones of the earth sticking through, and it is huge.”

Appreciating the desert takes a certain mindset, Mr. Hughes said later that day.

“You must get past the color green,” said Mr. Hughes, quoting the late writer Wallace Stegner. “And you must get used to an inhuman scale.”

Mr. Hughes was first moved by the desert in the late 1930s, when his mother, Ruby, took him camping in Palm Canyon near Palm Springs and to Death Valley, he said in 2009.

He grew up on a cattle ranch in Whittier and took horseback rides between his home and Huntington Beach and he saw urban sprawl slowly consume the hills and fields.

In the late 1940s, he drove on dirt roads to visit what is now Joshua Tree National Park. In his younger days, he was an avid river rafter, caver and camper.

By the 1980s, as he pursued a career as a computer systems designer and salesman, he was chairman of Sierra Club’s California/Nevada Desert Committee and working hard to preserve pristine public lands.

In 1987, he and his wife embarked on one their most influential projects: a two-year campaign to have documented in photographs 116 desert areas they and their cohorts believed should be protected. The effort produced a series of photo albums presented to decision-makers in Congress.

After years of hearings and debate, the California Desert Protection Act, protecting more than 6 million areas of California desert, squeaked through Congress in the fall of 1994. He and his wife took five baby desert tortoises to the Oval Office when President Bill Clinton signed the bill.

In recent years, Mr. Hughes spoke up against placing a large-scale solar energy project on Mojave Desert lands providing habitat for the desert tortoise, an iconic species listed as threatened with extinction. There is just as much sunshine for such a project on played-out farms and other less pristine properties throughout the region, he argued.

Mr. Hughes is also survived by his sons, Mark, Paul, and Charles, and three grandchildren. A memorial service is pending.

Myer said Mr. Hughes had asked him to scatter his ashes on top of Navajo Mountain in Utah, a task that will involve traveling 50 miles via boat and 10 more miles on foot.

New Life for the Lonesome Desert

The East Mojave Was Recently Designated A National Preserve, But Even So, Few People Have Discovered Its Subtle, Silent Pleasures

Kelso Dunes, Mojave National Preserve.

John McKinney
Los Angeles Times

NIPTON, Calif. — "Boom, boom!" shouts Sophia, my 3-year-old daughter, as she slides down the steep southeast face of the Kelso Dunes. "I have never seen more sand in the whole world!"

As we near the top of the dunes, our footsteps cause mini-avalanches and the dunes sha-boom sha-boom for us. Geologists speculate that the extreme dryness of the East Mojave Desert, combined with the wind-polished, well-rounded grains of sand, has something to do with their musical ability. Sometimes the low rumbling sound reminds me of a Tibetan gong, but on this particular day the sound is like a '50s doo-wop group.

Except for the musical dunes, it's absolutely quiet here. We have a 45-square-mile formation of magnificently sculpted sand, the most extensive dune field in the West, all to ourselves.

We're surprised at such solitude, even in the spring, prime time for visiting Southern California's newest desert preserve.

Two decades of park politicking finally ended in October, 1994, when Congress passed the controversial California Desert Protection Act, the Sen. Dianne Feinstein-sponsored bill that transferred the East Mojave National Scenic Area, administered by the U.S. Bureau of Land Management, to the National Park Service. The act created two new national parks, Death Valley and Joshua Tree, and established the new Mojave National Preserve.

My wife, Cheri, and I, longtime desert lovers, figured (with more than a little apprehension) that the Mojave's elevated national profile would attract hordes of sightseers.

Wrong! During a visit here last week, there was only one other family making their way toward the dunes and fewer than a half-dozen campers in each of the campgrounds on a Monday. To many Southern Californians, the East Mojave is that bleak, interminable stretch of desert to be crossed as quickly as possible while driving Interstate 15 from Barstow to Las Vegas. Few realize that I-15 is the northern boundary of what desert rats have long considered the crown jewel of the California deserts.

About 17 million people live less than four hours from here, but not many city dwellers can locate the East Mojave on a map. They may be surprised to discover that the new preserve is quite accessible; on the south, it's bordered by another major interstate, I-40, and on the east by U.S. 95 (and the Nevada border). Just south of I-40 is one of the longest remaining stretches of old Route 66. Still, the area bounded by these three highways has long been known as "The Lonesome Triangle," and will probably keep this nickname for many years to come.

With few campgrounds and fewer motels--without even a visitors center--this land is a hard one to get to know. But it's an easy one to get to like. Its 1.4 million acres include the world's largest Joshua tree forest, wild burros and grazing cattle, spectacular canyons and volcanic formations, stalactites and stalagmites in vast underground caverns, back roads and footpaths to historic mining sites, tabletop mesas and a dozen mountain ranges.

This diversity--everything that makes a desert a desert--is appealing, but its silence is what draws us. It's a call of the wild that can't be heard, only felt. And in spring (the other prime time to go is autumn) temperatures are mild, the Joshua trees are in bloom and the lower Kelso Dunes are bedecked with yellow and white desert primrose, pink sand and verbena.

So where is everybody?

My family and I have an intense history with this part of the Southern California desert. The quietude of the dunes this time was in complete contrast to my first visit here eight years ago. On Thanksgiving weekend in 1987, I toured the East Mojave on a press trip with then-Sen. Alan Cranston, who had just introduced his California Desert Protection bill in Congress.

One of the bill's provisions would transfer administration of the East Mojave Desert National Scenic Area, as it was then called, from the bureau to the national parks. The measure was controversial, to say the least. Outspoken park supporters and equally outspoken park opposers badgered Cranston and anyone who would listen. By the time I started hiking up Kelso Dunes, I had thrust upon me a day pack full of position papers, from the Sierra Club to the mining industry, from the Wilderness Society to off-road vehicle boosters.

A similarly besieged magazine editor with a name tag that read Cheri Rae joined me to escape the political din. "All that arguing about a land nobody's seen," she commented. "I'll bet if more people experienced the magic of this place, the East Mojave would become a national park."

I agreed. While the East Mojave often made the news on environmental issues, these headlines offered few clues as to its beauty and recreational possibilities. That day Cheri and I began a relationship with the East Mojave that continues to this day. We explored the desert from Aiken Wash to Zzyzx, and fell in love.

McKinney writes the weekly hiking column for this section. He is the co-author, with Cheri Rae, of "Walking the East Mojave: A Visitors Guide to Mojave National Preserve."