In 2005, the BLM began actively working with local citizens of San Juan County to identify the most suitable route through a section of Recapture Canyon. The Canyon was "open" to motorized travel, and it was the desire of the City Council of Blanding to promote a loop which begins and ends inside Blanding City limits at the Visitor Center.

In March, 2006 at the request of BLM, San Juan County filed a Right-of-Way application on roughly 13 miles of trail to be promoted. Volunteers, under the supervision of the BLM, continued to work on the project until September 2007 when the acting Monticello Field Manager issued a temporary emergency closure order under 43 C.F.R. 8341.2. Later, BLM Instruction Memorandum (IM) 2010-028 was issued to clarify closures under section 8341.2.

IM 2010-028 states:"In most circumstances, managers are aware of OHV problems well in advance of confronting a “considerable adverse effect”, and can either take timely actions to reduce the impacts of OHV use or conduct a NEPA analysis with public participation before implementing a closure and restriction." All correspondence indicates that BLM had been formally working with the County and citizens for at least 18 months prior to issuing this order. Potential adverseeffects had beenthoroughlyconsidered and, according tothis IM, should have been addressed by taking actions to reduce the impacts beforeimplementinga closure andrestriction.

IM 2010-028 also imposes a 24 month limitation on such closures. On December 11, 2009 when this IM was issued the closure should have been renewed in order to remain valid. It states: "The BLM policy requires that temporary closures or restrictions must be 24 months or less in duration.If the justification for a closure or restriction order has not been addressed within the 24-month period, a new temporary closure or restriction order must be established in accordance with this IM." This was not done, and,even thoughBLM issued a change Instruction Memorandum on June 6, 2011, the intent remains clear that the order must be renewed or updated. It is also clear in stating that "in those situations where managers are aware of OHV problems in advance of a determination of “considerable adverse effects” timely actions can be taken to reduce the impacts of OHV use or conduct a NEPA analysis with public participation before it becomes necessary to close or restrict under this authority."

Those calling for prosecution use emotion rather than facts. The County did not demand that this road to be opened, only that BLM follow their own rules. To call 300 respectable citizens "a group of armedprotesters"is over the top. Referring to archaeology ignores the fact that this county road used to maintain the water pipeline has had archaeological clearances, and is used today for monitoring the pipeline. All the hype and demagoguery should not be the basis for criminal charges of conspiracy.

In 2008 the BLM, under protest from San Juan County, issued its Travel Management Plan which eliminated ALL "open" areas in San Juan County. That's right, ALL. Roads that were well used, overnight became illegal. For example, the area around Recapture Reservoir, a popular recreation area is now closed to motorized travel except for a designated road in and a designated road out. People still pull their cars and ATVs down to the water's edge, unaware that they are violating BLM rules - breaking federal law.

County and City officials have been adamant about addressing the overreach of the BLM and the unnecessary conflict this has caused. BLM in a public meeting promised that they would not enforce any closure that was not clearly marked with a "no-vehicle sign." They also ensured a quick resolution to the Recapture de facto closure.

Commissioner Phil Lyman notified BLM in February, 2014, that the County considered the closure on the Recapture Road to be no longer valid and that, absent any material action or communication from BLM for over a year, that the County was planning to "open" the trail. BLM was invited to provide feedback in any number of ways to alter the decision but they did chose to do nothing other than issue a series of ultimatums to the County. The protest was tainted by outside factions who have become the symbols used by Alliance for a Better Utah to stir up emotional support for prosecution. Alliance for a Better Utah has drawn a comparison between elected County Commissioner Phil Lyman, and Tim Dechristopher who was convicted of fraud in 2009. Utah State Law says that "a county may lay out, plan, construct, control, and manage all public roads, bridges, sidewalks, and ferries in the unincorporated parts of the county."

There was no trespass, because there was no valid closure. There was no conspiracy to trespass. There was no advocating to break any laws. There were no armed standoffs. The Sheriff was involved every step of the way. The BLM was involved every step of the way. A comparison between Dechristopher and the 300 citizens who participated in sending a peaceful message to the BLM is absurd. In a society that values freedom of expression, a charge of conspiracy is beyond absurd. If people have an ax to grind over the conviction of Dechristopher, they should not be allowed to sway the justice system to charge innocent people in order to satisfy their contempt.

Sign this petition to tell the Acting U.S. Attorney Carlie Chirstensen and State BLM Director Juan Palma to stop feeding the emotional claims of people who have no idea what they are talking about and drop the charges. Utahns are a law abiding people and we expect the BLM to obey the law as well.

Dear Acting U.S. Attorney Carlie Christensen, and State BLM Director Juan Plama,

Our Justice system is designed to enforce laws and maintain the peace. BLM has shown a pattern of breaking its own rules and ignoring the proscribed process for working with Counties. In San Juan County a temporary emergency closure of a section of road in Recapture Canyon was issued under 43 C.F.R. 8341.2. The closure area included a section of a county maintenance road as well as an established trail. BLM rules state that “Temporary closures and restrictions should be implemented for the shortest time and in the smallest area necessary to protect resources, public health, and safety.” (IM 2010-028 Change 1). Closures under this section “must be 24 months or less in duration.” This closure was issued more than 7 years ago. It was issued 18 months after San Juan County entered into a Right-of-Way process. The IM also states that “closures and restrictions imposed in response to known or planned events occurring on public lands, or long-occurring activities such asOHV use or other similar uses are not considered emergencies.” The County has in good faith objected to this closure. They have in good faith endured one broken promise after another of action from the BLM. They have patiently participated for more than 8 years in a process which was estimated on the initial Right-of-Way application to be resolved in an afternoon. Now BLM is seeking criminal charges against a County Commissioner and 4 others for Conspiracy to operate an OHV in a closed area. Enough is enough. Drop these ridiculous charges and hold BLM accountable.

Sincerely,

Concerned Users of Public Land

CC: Governor Herbert and Utah State Legislators; Congressmen Bishop, Matheson, Chaffets, and Stewart; Senators Hatch and Lee; Utah Association of Counties.