Many children are familiar with Mojave Max, the desert tortoise at the Red Rock National Conservation Area Visitor's Center. Some schools participate in the annual contest for children to estimate when Max will wake from his brumation (the reptilian form of hibernation) and emerge from his burrow.

Like Max, Pahrump's desert tortoises are slumbering and won't wake until spring weather lures them into the sunshine. However, even while sleeping, desert tortoises are causing nightmares for those of us who walk upright, have thumbs and share the Pahrump Valley with them.

As reported Friday in the PVT, commercial and residential construction projects can be held up indefinitely by the U.S. Fish and Wildlife Service (FWS) unless a habitat conservation plan for the desert tortoise is finalized for Pahrump. Individual plans will be required if an overall plan for the valley's entire Regional Planning District is not in place.

According to Julene Haworth, whose draft for a habitat plan was approved by the county commissioners in July, the fines and stipulations for private property owners who want to develop their lots are even more onerous than reported.

"If you own a one-acre lot, the fines start at $27,000 for putting a shovel in the ground," said Haworth on Monday. "Property owners cannot disturb any ground without a habitat conservation plan in place."

At this time, each property owner must develop such a plan in addition to paying a mitigation fee.

Haworth explained that in Clark County the FWS stopped all construction in 1989 until a firm was hired to come up with conservation plan that has since evolved to cover multiple species. Currently a mitigation fee of $550 per acre is collected in that county and used to enhance areas where desert tortoises are protected from development.

Among other measures, fences have been erected along highways to prevent tortoises from crossing and native plants and grasses have been planted as food sources.

"A number of people question these measures," said Haworth. "But whether you agree with it or not, the desert tortoise is protected under the Endangered Species Act and we have to comply with federal law."

Was this information disclosed to those who purchased lots in years past and have been holding them as investments or to build their retirement homes?

A casual survey on Monday met with surprise. All knew it was against the law to pick up a desert tortoise and take it home, but none realized the federal law could affect developing their private property.

According to Economic Development Director Al Balloqui, the current focus on the habitat conservation plan is because FWS knew a plan was in the works for Pahrump.

However, after the first two plans, done with $250,000 of grant money, were not adopted, the federal bureaucrats began to get testy. Now that the county commissioners has refused to pay for completion of the third such plan, the feds are starting to flex their muscles.

"The commissioners don't realize the harm that will be done if the plan is not in place," said Haworth. She explained her draft was "gifted to Commissioner Borasky" and is "mostly complete" as approved by the board on July 15, 2008.

"It backs up the information the BLM has already concluded," said Haworth. "Pahrump has a low-density population of desert tortoises.

"Commissioner Eastley did not understand the process," continued Haworth, referring to the county commissioners voting against having Haworth complete the project at a cost of $30,000 to $40,000.

"To go to the next step of the processes, the plan needs to be finished, presented to the FWS and followed up with them," Haworth explained.

"When individuals owning an acre of property could be fined $27,000 for putting a shovel in their own dirt, that puts the cost of completing the habitat plan for the entire Pahrump Regional Planning District in perspective," said Balloqui.

"This is holding up development of many projects, like the county courthouse expansion and endangers our $700,000 HUD grant for the new fairgrounds."

As Mojave Max and his brethren in Pahrump sleep peacefully through the winter, one can only wonder if the species considered at the top of the food chain will have anything settled when the tortoises awake in the spring.