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1996 Interior Dec. (IBLA) 300 (1996)

handle is hein.amindian/ibla1996 and id is 1 raw text is: HOWARD G. BOOTH
RED ROCK AUDUBON SOCIETY
IBLA 93-612, 93-613                                            Decided January 18, 1996
Appeals fiom a Decision Record and Finding ofNo Significant Impact appoved by the Las Vegas District
Manager, Bureau of Land Management authorizing a water development for desert bighom sheep within the Muddy
Mountains Wildemess Study Area. EA NV-054-93-049.
Affimied.
1.     Federal Land Policy and Management Act of 1976:              Wilderness-
-Wilderness Act
The appoval of a water development for desert bighom sheep within a wildemess
study area will be affnired where the record establishes that installation ofthe poject
is consistent with BLAfs Interim Management Policy and Guidelines for Lands
Under Wilderness Review, and the record shows that the project will not impair the
area's suitability for inclusion in the penmanent wilderness system.
2.     Environmental Quality: Envionmental Statements-Wilderness Act-Federal Land
Policy and Management Act of 1976: Wilderness
In detemnining that a proposed slickiuck water catchment stmucture in a WSA would
not impair the suitability of the area for preservation as wilderness, BLM
was iequired to make subjective judgment decisions. Those decisions are entitled to
considerable deference, even though reasonable men might differ in maidng such
assessments. When BLMs subjective decisions are challenged on appeal, there must
be a showing of a clear enor of law or demonstrable error of fact
APPEARANCES: Howard G. Booth, Boulder City, Nevada, pro se; John E. Hiatt, Conservation Chairnan, Las Vegas,
Nevada, Red Rock Audubon Society;
Deril W. Wenzel, President Fratemity ofthe Desert Bighom, Las Vegas, Nevada.

134 BLA 300

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