U.S. Department of the Interior Bureau of Land Management

Environmental Assessment DOI-BLM-MT-B070-2019-0003-EA March 12, 2019

Toston Donation

U.S. Department of the Interior Bureau of Land Management Butte Field Office 106 North Parkmont Butte, MT 59701 Phone: 406-533-7600 Fax: 406-5337660 TABLE OF CONTENTS TABLE OF CONTENTS ...... 0 Chapter 1 – Purpose and Need for Action ...... 1 Proposed Action and Background ...... 1 Purpose and Need ...... 2 Decision to be Made ...... 3 Conformance with Land Use Plan ...... 3 Relationship to Statutes, Regulations, Other NEPA Documents ...... 3 Public Involvement, Consultation, and Coordination ...... 4 Issues Identified for Analysis ...... 4 Resource Issues Eliminated from Further Analysis ...... 5 Chapter 2 – Proposed Action and Alternatives ...... 6 Introduction ...... 6 Alternative A (No Action) ...... 6 Alternative B (Proposed Action) ...... 6 Chapter 3 – Affected Environment & Environmental Effects ...... 10 General Setting ...... 10 Recreation and Travel Management ...... 11 Wildlife and Fisheries ...... 12 Lands and Realty ...... 14 List of Preparers ...... 16 Appendix A: Resources/Issues Considered but Dismissed ...... 17 Literature Cited……………………………………………………………………………………………………………………..………………18

Page | 0 Chapter 1 – Purpose and Need for Action

Proposed Action and Background A donation is defined as a transfer of land or interests in land to the without payment by the United States. Planning considerations for the acceptance of donations of land or interests in land are the same as those required for fee purchase. The property offered to the Bureau of Land Management (BLM) as a donation must further the mission of the agency and be consistent with the land use plan.

Montana’s Outdoor Legacy Foundation (MOLF) has expressed an interest in donating, and BLM would acquire in fee simple ownership, three privately owned parcels in Broadwater County, near Toston (Map 1) (MTM 110482). The parcels total 258.32 acres. One parcel totaling 209.92 acres, is accessed by Lombard Road. The 41.54 acre parcel abuts Toston Dam to the South and the last parcel is downstream from Toston Dam and totals 6.86 acres.

Page | 1 Page | 2 Purpose and Need The purpose and need of the action is to acquire or not acquire through donation non-federal land from the MOLF in the Toston Dam area. The MOLF’s main goal is to support wildlife and wildland conservation, education and improve access to public lands. The purpose of an acquisition is to consolidate federal ownership for a more efficient and effective management of natural resources. The resources and resource uses in the area include but are not limited to hunting, fishing, hiking, grazing, and use as general wildlife habitat. This area is also considered critical winter range for elk, mule deer, white-tailed deer and pronghorn (MTFWP 2014). Benefits from an acquisition include enhancement of scenic vistas, and protection of archaeological and historical sites. Decision to be Made The BLM Western District Manager will decide whether or not to proceed with the proposed acquisition or to terminate the acquisition process. Conformance with Land Use Plan This proposed action is subject to the following land use plan: 2009 Record of Decision and Approved Butte Resource Management Plan (RMP). This plan has been reviewed to determine if the proposed action conforms to the land use plan terms and conditions as required by 43 CFR 1610.5.

The Butte RMP establishes Land Ownership Adjustment criteria for evaluating land acquisition opportunities. The RMP also categorizes lands within the Field Office into retention and non-retention areas and provides that land to be acquired by BLM ordinarily must be located in or adjacent to these retention areas. The parcels proposed for acquisition are adjacent to existing BLM lands which the RMP categorizes for retention.

The proposed acquisition is in conformance with the Butte RMP.

Lands and Realty, Goals, page 67.

o “Goal LR1 – Seek opportunities to acquire non-federal land or interest in non-federal land with important resources and resource uses.”

These lands are being considered for acquisition due to their important resources and resource uses such as recreation opportunities, winter range habitat, and access. Relationship to Statutes, Regulations, Other NEPA Documents Relationship to Statues, Laws and Regulations: The proposed land acquisition through donation would be conducted under authority of Section 205 of the Federal Land Policy and Management Act (FLPMA) of 1976. The proposed acquisition would help realize the Secretary’s goals by serving America by providing access to hunting, fishing, and other recreational opportunities.

Relationship to Other Plans: State-wide land ownership adjustment guidance is provided by the Land Pattern Review and Land Adjustment, Supplement to State Director Guidance for Resource Management Planning in Montana and the Dakotas, dated June 1984. The Supplement was published to provide guidance for all types of land adjustment projects. Through the application of criteria given in the Supplement, land retention zones were identified for Montana. Retention zones predominantly contain public lands that meet the retention criteria, define areas where BLM intends to retain existing

Page | 3 public lands, and to acquire additional lands. The lands proposed for acquisition in this action are located within this retention/acquisition zone.

Federal agencies are directed to manage motorized vehicle use on public lands by President Nixon’s 1972 Executive Order 11644 and President Carter’s 1977 Executive Order 11989, which were incorporated into the Code of Federal Regulations under 43 CFR 8342.1. They require that BLM-administered lands be designated in land use plans as either “Open”, “Limited”, or “Closed” to OHV use. The Park, Gallatin, Broadwater TMA was given a “Limited Area” designation in the Record of Decision: Off-Highway Vehicle Environmental Impact Statement and Proposed Plan Amendment for Montana, North Dakota and South Dakota (2003 OHV EIS for MT, ND, and SD) (BLM 2003) and in the 2009 Butte RMP.

Additionally, statutes, regulations, and policies documented in the 2009 Butte RMP (BLM 2009b, pages 10-13) apply to this EA. The following regulations, policies, and planning documents provide specific guidance for proposed travel management actions.

 43 CFR 8340: Off-Road Vehicles, Subparts 8340-8342.3 (GPO 2014a)  43 CFR 9268: Recreation Programs (GPO 2014c)  Manual 1626: Travel and Transportation (BLM 2011d)  Handbook H-8342-1: Travel and Transportation (BLM 2012c)  Record of Decision: Off-Highway Vehicle Environmental Impact Statement and Proposed Plan Amendment for Montana, North Dakota and South Dakota (BLM 2003)  National Mountain Bicycling Strategic Action Plan (BLM 2002)  National Management Strategy for Motorized Off-Highway Vehicle Use on Public Lands (BLM 2001a)  Recreation 2000: A Strategic Plan (BLM 1988)

Public Involvement, Consultation, and Coordination

Consultation and coordination occurred with MOLF since the organization’s announcement of their desire to donate lands to the BLM in the Toston Dam area. Identification of issues by the BLM interdisciplinary team was conducted early in the development of this EA.

The EA was made available for public comment on the BLM ePlanning site on November 16, 2018. A press release was issued in February announcing a public comment period ending March 8, 2019. The donation and availability of the preliminary EA for comment was covered in several statewide newspapers. The BLM received comments in support of the donation and no additional issues were identified.

Issues Identified for Analysis

Scoping associated with the proposed donation identified the following relevant issues.

Recreation and Travel Management – How would BLM’s acquisition of the private lands affect recreational access opportunities? Page | 4 Wildlife and Fisheries-How would BLM’s acquisition of the private lands affect Wildlife and Fisheries habitat and connectivity corridors?

Lands- How would BLM’s acquisition of the private lands affect Lands and Realty issues such as minerals and taxes? Resource Issues Eliminated from Further Analysis

The BLM considered other potential issues listed in Appendix A, but did not analyze those in detail because it was determined those aspects of the existing environment were not present or not potentially impacted by this project.

Page | 5 Chapter 2 – Proposed Action and Alternatives

Introduction Alternatives were developed based upon National and State BLM direction and policy, existing conditions and resource issues. Resource issues are discussed in Chapter 1. Other factors that influenced alternative development are discussed in Chapter 3.

This EA focuses on the Proposed and No Action Alternatives. Other alternatives were not considered because the resource issues identified during scoping did not indicate a need for additional alternatives or mitigation beyond those contained in the proposed action. The no action alternative is considered and analyzed to provide a baseline for comparison of the effects of the proposed action. Alternative A (No Action) Under this alternative, the BLM would not acquire the donated parcels. It is possible that the parcels may eventually be developed for residential/seasonal occupancy and may be subdivided. There would not be the additional access or recreational opportunities that these lands would provide. Alternative B (Proposed Action) Under Alternative B, the BLM would acquire the property described below through donation (Map 2). The property would be managed in a manner similar to the surrounding BLM lands for its multiple resource values such as dispersed recreation, important wildlife habitat, livestock grazing and other multiple use opportunities. Benefits from an acquisition include enhancement of scenic vistas, and protection of archaeological and historical sites. The BLM would not acquire the railroad right-of-way, the railroad lands would be excluded from the legal description (see Chapter 3, Lands and Realty). The acquisition is described as:

Principal Meridian, Montana T. 4 N., R. 2 E., sec. 13, lot 1; T. 4 N., R. 3 E., sec. 7, lots 1, 2, 4, and 5, S1/2NE1/4, N1/2SE1/4.

The areas described aggregate 258.32 acres and is less the railroad right-of-way.

Page | 6 The Proposed Action is a property acquisition only. No improvements to the property or existing features would occur. The acquired parcel would be managed per the direction in the Butte RMP and

Page | 7 the Uppermost Special Recreation Management Area (SRMA). The size of the lands managed by the BLM in the Uppermost Missouri River SRMA would increase by 258.32 acres to include the newly acquired parcels.

Under this alternative, BLM’s travel route designations for motorized use (OHVs) would be (Map 3)

Route 1 (South of Toston Dam): Limited to Administrative and Authorized Uses

Rationale: BLM has no legal access across private property to this route. Permission from the private landowner would be required each time access is needed.

Route 2 (South of Missouri River near Lombard Road): Open Yearlong

Rationale: This route is accessed via BLM. The adjacent route was designated as “Open Yearlong” to Motorized Vehicles (OHVs) in the BLM Park, Gallatin, Broadwater Travel Management Plan (2016).

Route 3 (Lombard Road): Open Yearlong (Broadwater County Road)

Rationale: This route is an official Broadwater County Road. BLM does not have designation authority on county roads.

Page | 8 Page | 9 Chapter 3 – Affected Environment & Environmental Effects

General Setting The donation property consists of three parcels located approximately four miles southeast of Toston, off Lombard Road, in Broadwater County, Montana (see Maps 1 and 2). The property is accessible from US Highway 287 to Lombard Road which is a gravel county road. Each of the three parcels are adjacent to the Northern Pacific Railroad right-of-way which then is adjacent to the Missouri River. The three parcels are not accessible by the Missouri River due to the railroad right-of-way. The river bottom is narrow with rich, black loam soil and just back from the Missouri River are high rocky ridges. There are a few scattered pine and fir trees along the ridges. The lands contain rangeland, uplands, and riparian areas. Addition of these parcels would connect two larger portions of BLM lands thereby minimizing ownership fragmentation. The BLM lands to the north of the parcels total 768.74 acres and 219.39 acres exist to the south. With the addition of 258.32 donation acres the total land base would equal 1,246.45 acres. The three issues identified in Chapter 1 that will be analyzed are Recreation, Wildlife and Fisheries, and Lands and Realty issues.

An environmental inspection was completed on the property in 2018. No visible environmental hazards were identified.

Page | 10 Recreation and Travel Management Affected Environment The BLM lands adjacent to the proposed acquisition parcels are located in the Uppermost Missouri River SRMA, which was designated under the Butte RMP. SRMAs are designated to identify important recreation resources and to emphasize management of these areas according to specific recreational purposes. Recreational use within the SRMA is managed for river recreation and developed and dispersed camping opportunities. Additional recreation uses primarily consist of hunting, hiking, photography, sightseeing, and wildlife viewing.

The three roads located in the proposed acquisition parcels are (Map 3):

Route 1 (South of Toston Dam) 516 Feet Accessed via private property

Route 2 (South of Missouri River near Lombard Road) 1902 Feet Accessed via BLM route

Route 3 (Lombard Road) 6537 Feet Broadwater County Road

Environmental Effects - Alternative A (No Action) If BLM does not acquire the proposed parcels, access would not change under this alternative. The public would still be required to receive permission from the existing landowners to access travel routes 1 & 2. Access to motorized use on travel route 3 would remain open yearlong because it is a Broadwater County Road. This alternative would not allow for increased recreational access to the area. Cumulative Effects Though there would be no cumulative effects to public access for recreation under the No Action Alternative, disturbance, displacement and habitat loss would be even greater if the parcels remain in private ownership and the area later developed. Environmental Effects - Alternative B Currently, travel routes 1 & 2 have no formal designations in place because they are located on private property. Route 3 is currently designated as a Broadwater County Road, and thus provides yearlong access to motorized vehicles. Under this alternative, the following route designations would be made (Map 3):

Route 1 (South of Toston Dam): This route provides access to the southern portion of Toston Dam, but only through private property. Therefore, BLM cannot guarantee access to the public, and thus vehicle access to the area would only be open to administrative and authorized uses.

Route 2 (South of Missouri River near Lombard Road): This route is a continuation of a BLM travel route that runs parallel to the Missouri River. Under BLM’s 2016 Park, Gallatin and Broadwater Counties Travel Management Plan (TMP), that route was designated as Open Yearlong to OHVs. The same designation would apply to new portion of the route.

Route 3 (Lombard Road): This route is managed as a county road by Broadwater County. BLM does not have the authority to change designations on county roads. Therefore, this route would be designated as Open Yearlong to OHVs to match the county designation.

Page | 11 The addition of routes 2 and 3 to BLM’s travel route network would not result in significant new surface disturbance because the overall mileage 1.59 is minimal and the routes are currently well used, per aerial photos and an on-the-ground inspection.

If BLM does acquire the proposed parcels, fishing, hiking, wildlife viewing, and other dispersed outdoor recreational activities would likely increase as people become aware of the newly acquired access opportunities. This acquisition would allow for increased access to the Missouri River and surrounding land via travel routes 2 and 3. This acquisition is not likely to increase recreation visitation to the overall area. Cumulative Effects In the reasonably foreseeable future, recreation use on or near these parcels would be expected to increase for fishing, hiking hunting, sightseeing, and wildlife viewing. Any increase in recreational use could increase effects from recreation. However, these parcels are not expected to generate large amounts of visitation. The public would most likely utilize these parcels for recreation in the future, but many are likely already recreating on public lands in the area, just not on these parcels.

Wildlife and Fisheries Affected Environment The acquisition parcels provide for migratory bird nesting and foraging, bat roosting and foraging, raptor nesting and foraging, as well as elk, pronghorn, mule deer, white-tailed deer, and large carnivore habitat and connectivity corridors. These parcels are also critical winter range for elk, mule deer, white-tailed deer and pronghorn (MTFWP 2014). Properties surrounding these parcels, and throughout the Toston area, have been subdivided and developed in the past. This inevitably reduces available winter range and restricts movement corridors. The area is a wildlife corridor not only for big game animals, but also for large carnivores including black bears, wolves, and mountain lions. It provides important connectivity for migrating elk between the Elkhorn Range to the west and the Big Belt range to the east. Environmental Effects - Alternative A (No Action) If the BLM does not acquire these parcels and they remain in private ownership, there is a high probability they would be developed and subdivided in the future (due to the trend of surrounding parcels and the likelihood it would be sold). This would largely eliminate habitat availability for nesting and foraging birds, roosting and foraging bats, nesting and foraging raptors, big game winter range, and a travel corridor for large carnivores and big game. There is an enhanced spawning area on the Missouri River for rainbow and brown trout managed by the Montana Fish, Wildlife and Parks found 0.25 miles downstream from the northeast acquisition parcel. If these parcels were to be developed there could be additional erosion added to the river system, which could negatively affect the fisheries spawning ground. If the parcels remain in private ownership and are not developed, there would likely be less recreational activity on the parcels than if the BLM acquired it, reducing wildlife displacement and disturbance compared to the BLM acquiring the parcel and opening it for public use. As time progresses however, it is more likely that the parcels would be developed as the area becomes more populated and increases in popularity.

Page | 12 Cumulative Effects There has been an increase in the subdivision and development of private lands over the past couple of decades in the Toston area, and this trend is expected to continue. Private lands surrounding the acquisition parcels have been subdivided and or developed in the past, and there is a high probability for these parcels to also be developed if not acquired by the BLM. This would reduce nesting/ roosting, foraging, winter range, and connectivity corridors for wildlife. Considering the recent and reasonably foreseeable habitat loss through development in the Toston area, the loss of habitat for wildlife on the parcels would be a cumulative impact. Environmental Effects - Alternative B If the proposed Action were implemented, migratory bird, bat, raptor, elk, pronghorn, mule deer, white- tailed deer, and large carnivore habitat would be retained for the long-term, removing the threat of potential subdivision and development. Nesting and foraging habitat for migratory birds, roosting and foraging for bats, nesting and foraging for raptors, big game winter range, and movement corridors for big game and large carnivores would be retained. These areas are crucial winter range for elk, mule deer, white-tailed deer, and pronghorn. If the BLM acquired these parcels, they would retain their winter range status, and would allow wildlife to continue to use the land between the other adjoining BLM parcels. Habitat would also be retained for migrating elk, and other big game and large carnivore species, between the Elkhorn range to the west and the Big Belt range to the east. The acquisition of the parcels could also prevent development, which could cause additional erosion and sedimentation into the adjacent Missouri River affecting the enhanced spawning grounds managed by the Montana Fish, Wildlife and Parks found 0.25 miles downstream from the northeast acquisition parcel.

Implementing the Proposed Action would benefit wildlife through retaining habitat and movement corridors, protecting it from future development. However, implementing the Proposed Action would increase recreational use on the parcels compared to current use, which would displace wildlife from the parcels when recreationists are present. The increased access would likely increase hunting pressure as the public becomes more familiar with these sites. Since the BLM does not intend to allow motorized access other than on established roads, it is not likely that this increased hunting pressure would add a substantial amount of visitation. Cumulative Effects If acquired by the BLM, the acquisition parcels would continue to provide wildlife habitat including big game winter range and connectivity corridors for big game and large carnivores to travel between the Elkhorn range and the Big Belt range. If the parcels are acquired by the BLM, increased recreational activity is likely with increased public access, which would displace wildlife when recreationists are present, especially elk on winter range.

Page | 13 Lands and Realty Affected Environment Montana’s Outdoor Legacy Foundation has expressed an interest in donating 258.32 acres near Toston Dam and across the river from BLM’s Toston Dam Recreation Site and boat ramp. The current property is in private ownership.

The land in T. 4 N., R. 2 E., was patented (patent number 126) December 6, 1905, and land in T. 4 N., R. 3 E., was patented (patent number 358631) October 7, 1913, to the Northern Pacific Railroad Company per the Act of Congress approved July 2, 1864 (13 Stat., 365). Under this authority the railroad was granted every alternate section of public land, not mineral in character, designated by odd numbers, to the amount of twenty alternate sections per mile on each side of said railroad line. Under this authority the railroad was not to receive lands mineral in character with the exception of coal and iron. The lands that patented to the railroad were believed to not be mineral in character and there was no reservation of the minerals to the United States in the patent.

There are three classes or types of railroad right-of-way (the actual railroad line) depending upon the authority in which the railroad received patent. The actual right-of-way following the railroad tracks issued under the Act of Congress approved July 2, 1864 is a limited fee right-of- way. The use of the term “limited fee” means that the railroad has “fee” title to the right-of-way, but upon ceasing to use the right-of-way for railroad purposes the “fee” reverts to the original grantor usually the United States. For this reason the BLM would not acquire the railroad right- of-way associated with the three subject parcels as the railroad uses the right-of-way for railroad purposes.

Environmental Effects - Alternative A (No Action) The proposed action would not be implemented and the BLM would not acquire the subject property. The properties would remain in private ownership, subject to State and County laws and regulations related to land use, zoning and development.

Cumulative Effects Lands could be subdivided and developed.

Environmental Effects - Alternative B Under Alternative B, the proposed action, BLM would acquire, the surface and mineral estate for approximately 258.32 acres as shown on Maps 1 and 2. The acquisition would be by donation from the Montana Outdoor Legacy Foundation. The minerals would be acquired. Acquired lands are not subject to location under the General Mining Law (17 Stat. 91). Acquired lands are subject the Mineral Leasing Act for Acquired Lands of 1947, 30 U.S.C. § 351 et seq. if an opening order is issued for the lands. Acquisition would include all of the property owner’s title interests in the property, including any appurtenant access or water rights.

Page | 14 Future management emphasis for the acquired lands would be directed toward managing big game habitats, protecting T&E/Sensitive species and their habitats, managing recreational opportunities, and protecting wetlands and riparian areas. The management would be implemented through the Butte RMP, until such time as the RMP is revised or formally amended to address these lands. Any subsequent RMP revision or amendment would be subject to NEPA analysis compliance and include public involvement. In the interim the lands acquired would be managed as adjacent BLM –managed lands such as: Under Alternative B, the addition of 258.32 acres would connect fractured land patterns. To the north are 768.74 acres of BLM land, and to the south are 219.39 acres of BLM land. This donation would result in a 1,246.45 acre contiguous block of public land. There is a reservation of a nonparticipating production royalty applicable to all coal that may be produced, saved and marketed from the properties at any time. The amount of the nonparticipating royalty reserved to Meridian Minerals Company, a Montana Corporation, is forty percent (40%) of the mined or production royalty as stated in Exhibit B of the Deed dated October 21, 1992 and recorded in Book 24 Page 928, records of Broadwater County, Montana. There is an Easement or right to overflow, flood or submerge a portion of the land by reason of the operation of the dam controlling the level of the Missouri River. Broadwater County collects property taxes from privately owned parcels within the county. For Federally owned property, including BLM land, the county receives Payment in Lieu of Taxes (PILT), which are Federal payments to local governments that help offset losses in property taxes due to non-taxable Federal lands within their boundaries.

Cumulative Effects The proposed action is expected to contribute to cumulative effects as follows. The donation of 258.32 acres on the three parcels would add to continued protection and public management of resources in the Toston Dam area.

Page | 15 List of Preparers Name Title Resource Area Mike Insko Realty Specialist Lacy Decker Weed Specialist Impact analysis for Invasive Species/Noxious Weeds Sensitive Plant review Don Despain Rangeland Grazing review Management Vegetation review Specialist Brad Colin Recreation Planner Recreation, Travel Management and Visual Resources Carolyn Kiely Archeologist Cultural Resources/Native American Religious Concerns Cynthia Eide Realty Specialist Project Leader, Coordination David Williams Geologist Minerals Brandy Janzen Natural Resource Soils and Floodplains Specialist Greg Liggett Paleontologist Paleontology Kraig VanVoast Water Rights Water Resources Specialist Roger Olsen Rangeland Wetlands Riparian Zones Management review Specialist Jason Brooks Wildlife Biologist Wildlife

Page | 16 Appendix A: Resources/Issues Considered but Dismissed NP = Not present in the area impacted by the proposed or alternative actions NI = Present, but not affected to a degree that detailed analysis is required PI = Present with potential for relevant impact that needs to be analyzed in detail in the EA

Determination Element Rationale for Determination to Dismiss Administrative transfer is non-surface disturbing and would have no NI Air Quality impact on air quality. Existing uses on the selected parcels is not expected to change. Areas of Critical NP Environmental None of the selected parcels are within an ACEC. Concern

NP BLM Natural Areas None of the selected parcels are within a BLM Natural Area.

Administrative transfer is considered a benefit to artifacts and sites, as NI Cultural Resources they acquire the protection of federal laws against looting and vandalism. Administrative transfer is non-surface disturbing and would have no Greenhouse Gas NP impact on greenhouse gas emissions. Existing uses on the selected Emissions parcels is not expected to change. There will be no impact to minority groups or any other group where Environmental NP environmental justice would apply. There are no groups that rely on or Justice use the property for economic reasons or special uses. Farmlands, None present. There are no prime or unique farmlands associated with NP Prime or Unique the proposed action The selected parcels are adjacent to the Missouri River, but other than NI Fisheries an increase of use, the fisheries associated with the parcels would not be affected Administrative transfer is non-surface disturbing and would have no observable change in the floodplains within the project NI Floodplains area. No changes are proposed for the existing uses of the acquired parcels, therefore no future effects to the floodplain due to the proposed action are expected.

Page | 17 Determination Element Rationale for Determination to Dismiss The geology of the Lombard/Toston area is extraordinarily complex. Sedimentary rocks of the Precambrian Belt Supergroup have been thrust eastward over younger Paleozoic and Mesozoic sedimentary rocks. The Precambrian Spokane Formation (shale) of the Belt Supergroup also includes intrusions of Precambrian diorite. The Spokane Formation occurs just west of parcel adjacent to Toston Dam. To the east of the thrust plate, Paleozoic units include the Mississippian age Amsden and Big Snowy Formations and Permian age Quadrant and Phosphoria Formations. Mesozoic units include the Jurassic age Ellis, Morrison and the Cretaceous age Kootenai Geology / Mineral Formations. The south and east parcels include Amsden and Big NI Resources / Energy Snowy Formation units, in addition to recent colluvium and landslide Production deposits. The parcel adjacent to Toston Dam includes Quadrant, Phosphoria and Ellis Group units. Cretaceous units near the kilns adjacent to the southern parcel may have minor occurrences of low grade coal but these units do not occur on the acquisition parcels. The Phosphoria Formation can contain economic deposits of phosphate but there is no evidence at this location for any potential for economic deposits. The other units have no potential for either locatable or leasable minerals. There are no active mining claims adjacent to the parcels

PI Lands / Access See EA for analysis

NP Livestock Grazing Grazing on adjacent BLM property was canceled in 1992

PI Migratory Birds See EA for analysis

Native American Administrative transfer is a benefit to culturally significant sites, as the NI Religious Concerns undertaking brings those sites under the protection of federal law. Paleontological resources (fossils) are among the resources that federal agencies are tasked with managing. The Paleontological Resources Preservation Act (PRPA) directs agencies to manage and protect fossils on federal land using scientific principles and expertise. The BLM has implemented a predictive system, the Potential Fossil Yield Classification (PFYC) system that ranks a geologic unit’s potential to contain scientifically important fossils. The system ranks units from 1 (very low) to 5 (very high potential). The geologic units on the parcels in question are diverse. They include NI Paleontology Proterozoic age diorite (PFYC 1); Permian age Phosphoria Formation (PFYC 4); Mississippian age Big Snowy Group (PFYC 4-5); Jurassic age Ellis Group (PFYC 3-4); Jurassic age Morrison Formation (PFYC 5); and more recent colluvium (PFYC 2). Other than the diorite, which is an igneous rock, all the other rocks present have noteworthy potential for including important fossils. Therefore, bringing these parcels into federal management would be a net gain for the potential of scientific discovery.

PI Recreation See EA for analysis

Page | 18 Determination Element Rationale for Determination to Dismiss Administrative transfer is non-surface disturbing and would have no observable change to the soils within the project NI Soils area. No changes are proposed for the existing uses of the acquired parcels, therefore no future effects to the soils due to the proposed action are expected. Sensitive Animal PI See EA for analysis Species Canada lynx (Lynx Canadensis) and the North American wolverine T&E, or Candidate (Gulo gulo luscus) have the potential to inhabit the selected parcels as NI Species, Plants and transients, but this would be very unlikely due to the lack of quality Animals habitat and no previous confirmed sightings on or near the parcels Tribal Treaty Tribal treaty rights and sovereignty will be enhanced through the NI Rights and acquisition, as artifacts and sites become protected under federal laws. Sovereignty Administrative transfer is non-surface disturbing and would have no NI Vegetation effect on vegetation. Existing uses on the selected parcels is not expected to change. Parcels would be designated the same as adjacent BLM lands. VRM NI Visual Resources management class III. An on-site visual inspection was done in association with the Wastes, Environmental Site Assessment process. No evidence was found of NP Hazardous or Solid hazardous or solid waste having been stored, treated, handled or disposed on or adjacent the subject parcels. Water Resources / The State of Montana, DNRC water right query system was searched NP Quality and no recorded water rights are associated with the proposed parcels. Administrative transfer is non-surface disturbing and would have no observable change in wetlands/riparian zones within the project Wetlands / Riparian NI area. No changes are proposed for the existing uses of the acquired Zones parcels, therefore no future effects to the wetlands/riparian zones due to the proposed action are expected. Wild & Scenic None of the selected parcels are within or adjacent to a designated NP Rivers Wild and Scenic River. Wilderness/WSAs/ Areas with None of the selected parcels are within or adjacent to a wilderness, NP Wilderness wilderness study area, or any areas with wilderness characteristics. Characteristics Wildlife, except for PI T&E listed and See EA for analysis candidate species Wild Horses & None of the selected parcels are within or adjacent to a wild horse herd NP Burros management area (HMA).

Literature Cited

Montana Fish, Wildlife and Parks. 2014. Maps and GIS Resources. Available online at http://gis-mtfwp.opendata.arcgis.com/

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