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Bureau of Land Management Toston Dam Donation Environmental

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Bureau of Land Management Toston Dam Donation Environmental 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 United States 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, Montana near Toston Dam (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
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