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Lower Musselshell River Acquisition Projrect Environmental Assessement

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Lower Musselshell River Acquisition Projrect Environmental Assessement Environmental Assessment Lower Musselshell River Acquisition Project DOI-BLM-MT-C020-2021-0057-EA February 26, 2021 MTM-111418 Miles City Field Office 111 Garryowen Road Miles City, Montana 59301 Lewistown Field Office 920 NE Main Lewistown, Montana 59457 Table of Contents 1 Introduction ......................................................................................................................................... 1 2 Alternatives ......................................................................................................................................... 4 3 Affected Environment and Environmental Consequences ............................................................. 6 4 Consultation and Coordination ....................................................................................................... 11 5 List of Appendices ............................................................................................................................. 12 Appendix A: List of Preparers ................................................................................................................. 13 Appendix B: Table of Issues and Resources Considered ...................................................................... 14 Appendix C: Acronyms and Abbreviations ............................................................................................ 22 Appendix D: List of References ............................................................................................................... 23 Appendix E: Maps .................................................................................................................................... 24 Appendix F: Land Use Plan Management Decisions ............................................................................. 27 1 Introduction Summary of Proposed Project The Bureau of Land Management (BLM) is proposing to acquire 11,420 acres of private lands within Garfield County in the Miles City Field Office (MCFO) (11,092 acres) and Petroleum County in the Lewistown Field Office (LFO) (328 acres) (Map 1). The acquisition is being offered to the BLM by a willing private landowner through a third-party entity, Rocky Mountain Elk Foundation (RMEF). In 2019, BLM submitted the Lower Musselshell River Acquisition Project for funding through the Land and Water Conservation Fund Act of 1965, as amended (LWCF). The acquisition would be through the purchase authority granted by Section 205 of the Federal Land Policy and Management Act of October 21, 1976, as amended (FLPMA) and the LWCF. The Lower Musselshell River Acquisition Project property is approximately 35 miles west of Jordan, Montana. It borders the Charles M. Russell (CMR) National Wildlife Refuge and the Musselshell River. The Proposed Action is the acquisition of approximately 11,420 acres of private land which would consolidate public lands along the Musselshell River and make accessible an additional 8,040 acres of BLM land and 1,320 acres of State Trust lands. The Lower Musselshell River Acquisition Project provides habitat for big game such as elk, mule deer and pronghorn antelope and other wildlife. Acquisition of the lands would facilitate a variety of public recreational activities including hunting, fishing, boating, camping, hiking and wildlife viewing on additional public and state lands that were historically inaccessible to the public. Purpose and Need The purpose and need of the proposed acquisition is to consolidate and improve public access to BLM lands in Garfield and Petroleum Counties. Decision to be Made The BLM decision to be made is whether or not to acquire the proposed 11,420 acres of private lands on the Lower Musselshell River Acquisition Project, 11,092 acres in the MCFO and 328 acres in the LFO, at fair market value. Surface disturbing activities are not part of this proposed action. Land Use Plan Conformance For the 11,092 acres in Garfield County, the Proposed Action is in conformance with the 2015 MCFO RMP, as amended. Even though the proposed action is not specifically mentioned, it is consistent with the following management decision (p. 3-8): Land Tenure (Ownership) Adjustment MD LR 3: Lands or interests in lands will be acquired, from willing parties, by purchase, exchange, revocation of another agency’s withdrawal, administrative transfer from another agency, cooperative agreement, or donation. Acquired lands are managed for the highest potential purpose and greatest benefit for which they were acquired and/or managed as similar, Page | 1 surrounding, or adjacent lands are under the approved RMP. This includes any parcels discovered through the land status updates, corrections, or updated surveys. For the 328 acres in Petroleum County west of the Musselshell River, the Proposed Action is also in conformance with the Record of Decision and Approved Lewistown Resource Management Plan (January 2021). The proposed action is consistent with the following management objectives and actions (pg. II-46, II-47, Appendix R-2): Land Tenure: LR-OBJ-02 (Objective): Attain a BLM land pattern that blends multiple resource values and brings about better manageability. Consistent with Secretarial Order 3373, ensure that public access and recreational opportunities are important consideration of any land tenure adjustment (See Criteria for Land Tenure Adjustments listed in Appendix R). LR-MA-07(Action): Pursue FLPMA Section 205 acquisitions, as opportunities arise, through FLPMA Section 206 exchanges or purchases with willing proponents and/or sellers. Any new acquisitions should include permanent administrative access to those parcels as well as include at least seasonal access to the public. LR-MA-08(Action): ... Acquisition of land should: •provide new legal access or facilitate improved access to public land and resources, •block up parcels of federally owned land for management efficiency, •maintain or enhance important public values and uses, •maintain or enhance local social and economic values, or •facilitate implementation of other aspects of this RMP. Manage newly acquired lands for the purpose for which they were acquired. Lands acquired within special management areas with specific congressional mandates would be managed in conformance with established guidelines for those areas. Manage lands acquired within administratively designated special management areas that have fragile or unique resources the same as the special management area. Lands acquired without special values or management goals would be managed in the same manner as comparable surrounding public lands. BLM will extend applicable land use plan decisions through plan maintenance where possible or by a plan amendment in the case of ACEC land acquisitions and boundary modification. LR-MA-09 (Action): The BLM will prioritize land tenure adjustments consistent with the criteria identified in Appendix R. Appendix R: Criteria for Land Tenure Adjustments Criteria herein are not in order or priority and all land tenure decisions must be in the public’s interest to proceed. The BLM shall prioritize the retention or acquisition of lands that contain or provide one or more of the following: (Edited to criteria relevant to proposed action.) • Accessibility of the land for public uses; • Key big game seasonal habitat; • Habitat for game animals, fisheries, nesting/breeding; Page | 2 • Lands with valuable forest types, habitat diversity, and potential for carbon sequestration; • Recreation and (recreation access) sites and areas with high recreational values; • Action would overall improve access to public land and/or not weaken an existing public access. Relationship to Statutes, Regulations, Other NEPA Documents This EA is prepared in accordance with NEPA and complies with applicable regulations and laws passed subsequent to the Act. The Proposed Action is consistent with federal, state and local laws, regulations, and plans to the maximum extent possible, including the following: • Title II of the Federal Land Policy and Management Act of October 21, 1976 (90 Stat. 2776, 43 U.S.C.1761) and regulations issued there under at 43 Code of Federal Regulations, part 2100. • LWCF Act of 1965, Public Law 88-578, as amended. Issues Identified for Analysis This project was reviewed by a BLM Interdisciplinary Teams (IDTs) in each respective office during internal scoping. The BLM determined the following issues warranted detailed analysis in this EA. The issues have a relationship with the proposed action and are within the scope of analysis. • Issue 1 – How will the acquisition of 11,420 acres of private lands, 11,092 acres in the MCFO and 328 acres in the LFO, by the BLM impact public access? • Issue 2 – How will the acquisition of 11,420 acres of private lands, 11,092 acres in the MCFO and 328 acres in the LFO, by the BLM impact tax revenues to local taxing authorities in Garfield and Petroleum Counties? Issues Identified but Eliminated from Further Analysis There are certain resources that are not present or would not be impacted to a degree that require detailed analysis. A complete list of resources considered but dismissed from further analysis can be found in Appendix B. Page | 3 2 Alternatives Alternative 1 - No Action Alternative Under this alternative, the BLM would not acquire approximately 11,420 acres of private lands - 11,092 acres in Garfield County and 328 acres in Petroleum County. The property would remain in private ownership and the landowner would determine future use and development of the lands in accordance
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