Paul W. Mortensen, a Salt Lake lawyer who represents all-terrain vehicle users, said the vehicles are not causing serious erosion damage to the barren hills around Factory Butte. He said the soil crust tends to recover quickly as fine grains of the silty material cement together.

"The Factory Butte lands are void of vegetation and animals, and there are no hikers or equestrians," he said. "And the reason is that you cannot walk on that stuff. But it's perfect, though, for motorcycles and ATVs."

To back up his claims, Mortensen cited an expert witness statement from a court case involving SUWA, the Interior Department and the Utah Shared Access Alliance, a group he represents.

The report, by Andrew E. Godfrey of the U.S. Forest Service in Ogden, "ORV traffic over the Mancos shale in the Factory Butte area breaks up the natural crust and leaves tracks from 1 inch to several inches deep. However, these effects are short-lived.

"The crust will re-form after one wetting and drying cycle, which can be as short as two days. The depressions left by the tire tracks will likely disappear entirely within two to five years," Godfrey added.

Bluff

The emergency closure of 1,835 acres will go into effect as soon as signs can be erected, said Scott Berkenfield, supervisory outdoor recreation planner in the BLM's Monticello field office.

The closure order was published in the Federal Register on Monday, according to a BLM press release. Until now, the area about two miles south of Bluff has been open to cross-country travel.

"When the previous plan was implemented in 1991, route proliferation was not (a) huge problem here, but today it is," says the release. "Impacts to cultural sites and the unsightly marring of hillsides that form the backdrop to Bluff are a serious concern warranting this closure order."

Berkenfield told the Deseret Morning News that there are no roads or routes claimed by the county in the area. But a new subdivision is being built nearby, "and the BLM's archaeologists, our law-enforcement staff and a number of residents from the town of Bluff have all requested that the area be protected."

The fragile soil in the area erodes easily, according to Berkenfield.

"Motorcycles and four-wheelers have been crisscrossing the area in the last couple years, and we're convinced that's going to increase" without the closure.

Bird said the closure covers both motorized and mechanized (bike) travel.

Mortensen said he is unfamiliar with the Bluff region under discussion. At least this closure "appears tailored to a localized problem rather than another massive closure of hundreds of thousands of acres, as has been typical of BLM in the recent past," he said.

However, Mortensen added, "We remain very concerned that BLM is not doing any NEPA (National Environmental Policy Act) analysis to determine the environmental effects of its actions."

His clients would assert there is no reason the BLM can't proceed through the normal process of amending its management plans, rather than ordering emergency closures, he said.

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E-mail: bau@desnews.com