Appendix D BIOLOGICAL EVALUATION I. INTRODUCTION This Biological Evaluation (BE) documents analysis and potential for effects on threatened, endangered, and sensitive (TES) species resulting from making National Forests in Mississippi lands available for federal oil and gas leasing of all federally owned minerals. There are 3 objectives of this BE: 1) to ensure that Forest Service actions do not contribute to loss of viability of any native or desired non-native plant or animal species, 2) to include concerns for sensitive species within the planning process, thereby reducing potential negative effects to these species, and 3) to ensure that activities will not cause a species to move toward federal listing. Such species are those whose viability is most likely to be put at risk from management actions. This BE conforms with legal requirements set forth in Section 7 of the Endangered Species Act (19 U.S.C. 1536 ©), and the direction given in Forest Service Manual (FSM) 2672, and to meet the biological evaluation standard in the 1989 ROD for Vegetation Management in the Coastal Plain. As part of the NEPA decision making process, this evaluation provides information in sufficient detail to determine how proposed actions may affect any TES species. Consideration of the information contained within this BE will ensure that no species is placed in jeopardy by management decisions and actions. II. CONSULTATION WITH THE U.S. FISH AND WILDLIFE SERVICE Interagency cooperation between the Forest Service and U.S. Fish and Wildlife Service regarding proposed, endangered, or threatened species is described in Section 7 of the Endangered Species Act. U.S. Fish and Wildlife Service personnel reviewed the effects of this project on these species, and a signature indicating U.S. Fish and Wildlife Service concurrence is attached to this BE. The U.S. Forest Service will request further Section 7 consultation with the U.S. Fish and Wildlife Service for all exceptions, modifications, and waivers to leasing stipulations. III. AFFECTED AREAS AND PROPOSED MANAGEMENT ACTIONS The proposed management action includes the entire National Forests in Mississippi as the affected area excluding Wilderness Areas, RARE II Further Study Areas, and those areas of NFS lands with privately-owned mineral rights (outstanding or reserved mineral rights) as long as the mineral rights remain privately-owned. About 10% of the NFsMS have privately-owned mineral rights. The National Forests in Mississippi cover 1.2 million acres of diverse natural resources and valued public lands. The six proclaimed national forests that make up the National Forests in Mississippi are administratively managed as seven ranger districts. Distributed across the State of Mississippi, National Forest System lands include an array of ecological systems ranging from fire-dependent stands of longleaf pines along the Gulf Coastal Plain to the upland oaks and hickories that dominate dry slopes and ridges in the northern portion of the state. 1 The federal oil and gas program has a two stage decision process: 1) authorize a lease, 2) authorize operations on a lease (authorize an Application for Permit to Drill (APD)). Each step requires NEPA analysis, and in the case of NFS lands, each step requires decisions by the FS and BLM. The USDA Forest Service proposes to make all lands on NFsMS, except for designated Wilderness Areas and Sandy Creek RARE II Further Study Area, available for federal oil and gas leasing (first stage of the process). These lands, approximately 1.2 million acres, would be administratively available subject to 1) management direction in the NFsMS Land and Resource Management Plan (Forest Plan), 2) oil and gas lease stipulations, and 3) the wide range of laws and regulations that require environmental protections for oil and gas exploration and development (such as Clean Water Act, Clean Air Act, National Historic Preservation Act, Endangered Species Act, and Federal Onshore Oil and Gas Act of 1987). All lands are proposed to be available except for existing Wilderness. The USDA Forest Service also proposes to authorize the Bureau of Land Management (BLM) to offer these specific lands for oil and gas leasing. All lands authorized for lease would include stipulations in addition to the environmental requirements in the standard lease terms. Current oil and gas leases on the NFsMS will be managed under existing leases until the leases expire, terminate, or are relinquished, at which time the area would be available and offered as specific lands subject to the conditions above. All future mineral leases will require environmental analysis as stated in the National Environmental Policy Act prior to any exploration and/or development. The FS and BLM decisions to be made based on this analysis apply to the federal decisions needed to offer NFS lands for oil and gas leasing, that is, the leasing stage or first stage of the two stage process. Before any operations can be conducted under a lease, the FS and BLM are required to review the proposed operations (APD) and conduct additional NEPA prior to authorizing ground disturbing operations. The scope of this analysis also includes connected actions and cumulative actions. The analysis considers the lease operations ( second stage of the process ) that may result from the leasing (first stage of the process ) and estimates the type and amount of post- leasing activity (wells, roads, pipelines) that is reasonably foreseeable for the proposed action. The authorization of a lease grants rights to explore for and develop oil and gas within the terms and stipulations of the lease. However, these rights cannot be exercised until 1) the leaseholder submits an Application for Permit to Drill (APD) to the BLM, 2) the FS and BLM conduct a NEPA analysis, 3) the FS approves the Surface Use Plan of Operations in the APD, and 4) BLM approves the APD. These actions as well as the oil and gas exploration and development conducted under APDs are actions connected with the leasing decision to be made. Depending on the level of oil and gas activity, the reasonable foreseeable development (RFD) for new leases estimates for the 15 year period a range of 421 to 2,297 acres of surface disturbance (an annual average in the range of 28 to 153 acres and 8 to 23 wells per year). The most probable level of activity is estimated to disturb about 1,072 acres (an 2 annual average of 71 acres and 16 wells per year). The acres of surface disturbance projected are less than one-quarter of one percent of the NFS lands on the NFsMS. The proposed action also would include the effects from existing leases. The RFD for existing leases and new leases estimates for the 15 year period the range of 688 to 3,723 acres of surface disturbance (an annual average in the range of 46 to 248 acres and 13 to 38 wells per year). The most probable level of activity is estimated to disturb about 1,737 acres (an annual average of 116 acres and 25 wells per year). The acres of surface disturbance projected are less than one-third of one percent of the NFS lands on the NFsMS. These expected actions are the basis of the environmental analysis from which the lands availability decision will be made. The decision on the lands that will be available for leasing, and the subsequent authorization of specific lands for leasing, are based upon analysis of the environmental effects. Connected actions are being considered in this biological evaluation. In this context, connected actions include the post-leasing approval of APDs, Surface Use Plans of Operation, and issuance of Rights-of-Way authorizations for off-lease activities needed to support oil and gas exploration, development, and production on lease and off lease. These actions may authorize or result in other activities such as drilling, construction of production facilities, roads and pipelines as discussed in Reasonable Foreseeable Development Scenario (RFD) (Appendix C of EA). The process for issuance of these site-specific permits for connected actions requires completion of additional NEPA analyses. Site-specific mitigation measures are prescribed following receipt of Application for Permit to Drill (APD) and during development of the Surface Use Plan of Operation (SUPO). IV. SPECIES EVALUATED On August 7, 2001, the Regional Forester for the Southern Region released a list of 843 “sensitive” species. NFsMS biologists reviewed information from the Mississippi Natural Heritage Program, species experts, scientific literature, and Forest Service records and employee observations to determine which of these 843 species occur or are likely to occur on the National Forests in Mississippi. Through this review process, NFsMS biologist identified a sub-set of the Southern Regional Forester’s sensitive species list for the Forest. The Regional Forester’s list of “sensitive” species for the National Forests in Mississippi (USDA 2001) and National Forests in Mississippi Threatened and Endangered Species List (USFWS 2006) were reviewed to devise a target list of TES species for the National Forests in Mississippi. A review of existing information was conducted to further refine the list of potential sensitive species occurring in the project area. The following information sources were examined: (1) element occurrence records (EORs) from the Mississippi Natural Heritage Program (MSNHP) (2) Ranger District occurrence records and (3) Natureserve’s online 3 database (2009). Project records and Biological Evaluations for other management activities were