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Manti-La Sal National Forest Bears U.S. Department of Agriculture U.S. Forest Service Record of Decision and Approved Plan Amendment for the Land and Resource Management Plan: Manti-La Sal National Forest Bears Ears National Monument Shash Jáa Unit February 2020 USFS Mission The mission of the USDA Forest Service is to sustain the health, diversity, and productivity of the Nation’s forests and grasslands to meet the needs of present and future generations. The Section 508 amendment of the Rehabilitation Act of 1973 requires that information in federal documents be accessible to individuals with disabilities. The agencies have made every effort to ensure that the information in this document is accessible. If you have problems accessing the information contained herein, please contact Kyle Beagley, Manti-La Sal National Forest, 599 West Price River Drive, Price, Utah 84501, (435) 636-3504, [email protected]. CONTENTS 1 Background ........................................................................................................................................... 1 2 Purpose of the Amendment................................................................................................................. 1 3 Decision ................................................................................................................................................. 1 4 Other Alternatives Considered ............................................................................................................. 8 4.1 Alternative A: No Action Alternative ............................................................................................... 8 4.2 Alternative B: Environmentally Preferred Alternative ................................................................. 8 4.3 Alternative C ...................................................................................................................................... 8 4.4 Alternative D ...................................................................................................................................... 9 5 Public Involvement .............................................................................................................................. 9 6 Findings Required by Other Laws and Regulations ....................................................................... 10 6.1 Civil Rights and Environmental Justice ....................................................................................... 10 6.2 Valid Existing Rights ...................................................................................................................... 10 6.3 National Historic Preservation Act .............................................................................................. 11 6.4 American Indian Tribal Consultation and Coordination ........................................................... 12 6.5 Shash Jáa Commission ................................................................................................................. 15 6.6 Monument Advisory Committee .................................................................................................. 16 6.7 Section 7 Consultation Under the Endangered Species Act ................................................... 17 6.8 National Forest Management Act and the Planning Rule ....................................................... 18 6.8.1 Compliance with the Planning Rule’s procedural provisions ....................................... 18 6.9 Roadless Rule ................................................................................................................................. 23 6.10 Clean Air Act ................................................................................................................................... 23 6.11 Clean Water Act ............................................................................................................................. 23 6.12 Migratory Bird Treaty Act .............................................................................................................. 23 7 Transition to New Management Direction ........................................................................................ 23 8 Effective Date ..................................................................................................................................... 24 9 Protest Resolution ............................................................................................................................. 24 10 Contact Person ................................................................................................................................... 25 11 Literature Cited .................................................................................................................................. 26 i Attachments Attachment A. Objects and Values Attachment B. Approved Plan Amendment for the Land and Resource Management Plan: Manti- La Sal National Forest Attachment C. Appendix G – Bears Ears National Monument: Approved Monument Management Plan Shash Jáa Unit Attachment D. Findings in Final EIS Supporting the Determination that the Plan Amendment Meets the Applied Planning Rule Substantive Provisions Tables Table 1. Consulting Parties ............................................................................................................................ 12 Table 2. American Indian Tribes Invited to Participate in Government-to-Government Consultation ................................................................................................................................. 13 Table 3. Substantive Planning Rule Provisions that are Directly Related to the Amendment because of Purpose of the Amendment ................................................................................. 21 ii 1 BACKGROUND The Bears Ears National Monument (BENM, or Monument) was established by Presidential Proclamation 9558 on December 28, 2016. On December 4, 2017, Presidential Proclamation 9681 clarified and modified the boundaries of the BENM. The revised BENM boundary includes two separate units known as the Shash Jáa and Indian Creek Units that are reserved for the proper care and management of the objects of historic and scientific interest within their boundaries. The purpose of the action is to modify the management of the National Forest System (NFS) lands in the Shash Jáa Unit of the BENM. The development of monument management plans (MMPs) for the Indian Creek Unit and the Shash Jáa Unit of the BENM is required by Presidential Proclamation 9558, as modified by Presidential Proclamation 9681. Presidential Proclamation 9558, as modified by Presidential Proclamation 9681, also requires the U.S. Forest Service (Forest Service) and Bureau of Land Management (BLM) to develop the MMPs jointly. The Forest Service is responsible for managing the NFS lands within the Shash Jáa Unit. There are no NFS lands in the Indian Creek Unit. The NFS lands within the Shash Jáa Unit are administered under the Land and Resource Management Plan: Manti-La Sal National Forest (Forest Plan) (Forest Service 1986). The area to which the Forest Service will apply the Shash Jáa Unit MMP is the NFS lands in the BENM. Because the Shash Jáa Unit MMP is almost entirely programmatic, the Forest Service action is to amend the Forest Plan. Under the National Forest Management Act (NFMA) and its implementing regulations at 36 Code of Federal Regulations (CFR) Part 219 (Planning Rule), a plan may be amended at any time. Plan amendments may be broad or narrow, depending on the need for the change. I have the discretion to determine whether or not and how to amend the Forest Plan and to determine the scope and scale of any amendment. For me to make this decision, the Forest Service is adopting the BLM’s environmental impact statement (EIS) for MMPs for the BENM Indian Creek and Shash Jáa Units. As explained in the April 10, 2018, Forest Service Notice, the BLM is the lead agency for the EIS, and the Forest Service is a cooperating agency for the EIS (Federal Register 83(69):15354). 2 PURPOSE OF THE AMENDMENT The purpose of the plan amendment is to ensure the Forest Plan provides for the proper care and management of the “object[s] of antiquity” and “objects of historic or scientific interest” (referred to in this document as “objects and values”) of the NFS lands of the BENM that were identified in Presidential Proclamation 9558, as modified by Presidential Proclamation 9681. These objects and values are identified in Attachment A of this document. 3 DECISION Based upon my review of all alternatives, I have decided to approve a Forest Plan amendment based on the Shash Jáa Unit MMP described as Alternative E in the Proposed MMPs/Final EIS (BLM and Forest Service 2019a). The plan amendment that I am approving is in Attachment B of this document. As an MMP jointly prepared by the Forest Service and BLM, the Shash Jáa Unit MMP includes BLM- specific management direction and has language that is inconsistent with the Planning Rule 1 formatting requirement for Forest Plan direction. Because of this, the plan amendment cannot be the direct incorporation of the MMP. This is explained below under the Format for Plan Components section. The plan amendment adds a BENM Designated Area and, specific to the Designated Area, adds a desired condition to meet the purpose for the action and amendment as stated above, a standard to manage the area under the MMP, and a determination of the lands as not suitable for timber production.
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