Lower Musselshell River Acquisition Projrect Environmental Assessement

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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,

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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;

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• 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.

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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 with laws, regulations, and ordinances of the State of Montana and the respective counties. Alternative 2 - Proposed Action Alternative Under this alternative, the BLM would acquire approximately 11,420 acres of private lands, 11,092 acres in Garfield County and 328 acres in Petroleum County, at appraised fair market value. The acquisition would include all title interests in the property and minerals held by the current owners, including water rights. The Proposed Action is a property acquisition only. The acquired lands would be managed as similar, surrounding, or adjacent lands are managed under the approved land use plans. See Appendix F for land use allocations of adjacent lands. Specific resource goals, objectives, and management decisions can be found in the Miles City and Lewistown Field Offices land use plans. Alternatives Considered but not Analyzed in Detail The BLM considered an additional alternative based on the input from the Petroleum County Board of Commission in a letter dated February 8, 2021. The letter presents the possibility of a similar number of acres of public land be designated for disposal and offered to landowners to prevent a net loss of deeded acres in Petroleum County, thereby resulting in a no net loss of tax revenue in the county. There are two options for disposing of public lands to a private landowner: land exchange and sale. The Petroleum County portion of the proposed action is covered by the Approved Lewistown RMP (January 2021). The BLM identified three land tenure categories in the Approved Lewistown RMP and all BLM administered lands (BLM lands) in Petroleum County were identified as “Category 2: Limited Exchange.” These lands are generally identified for retention in public ownership and are not available for sale under section 203 of FLPMA. BLM lands within this category may be exchanged for lands or interests in lands under limited circumstances; however willing landowners are necessary for land exchanges to occur. No landowner requests have been received to initiate a land exchange and no third parties have been identified that would allow for development of an additional alternative that would meet the purpose and need described in Section 2.1. Consideration of future land tenure actions is beyond the scope of the proposed action. No such exchange or land tenure action has been put forth for evaluation. Land tenure actions in Petroleum or Garfield counties are still possible and can occur independent of BLM acquisition of the Lower Musselshell property.

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The economic impacts to tax revenues in Garfield and Petroleum Counties, including Payment in Lieu of Taxes (PILT) payments, has been identified as an issue and is addressed in detail under Resource Issue #2. PILT payments are determined using a formula that accounts for the county acreage of federal land, county population, and the previous year’s revenue sharing from resource uses on federal land (timber, range, and mining, for example). The Office of the Secretary in DOI is responsible for the calculation and disbursement of payments under the PILT program. The formula for calculating payments is outside the scope of this analysis. No surface disturbing activities or site-specific management actions are proposed with the acquisition of the lands. Any future proposed management actions would undergo subsequent reviews in accordance to NEPA and provide opportunity for public input.

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3 Affected Environment and Environmental Consequences General Setting The private lands are within the Missouri River Breaks landscape, characterized by steep coulees and ponderosa pines, with elevations varying from 2,281 feet on the west side to 3,000 feet. The upland areas are divided by numerous coulees and generally drain into the Musselshell River. The project area is delineated by existing fences and aliquot parts due to the rough topography and grazing permits (Map 1). It consists of State of Montana lands, BLM lands, and the remaining the proposed privately owned lands. The project area borders the Charles M. Russell (CMR) National Wildlife Refuge and the Musselshell River. The project lands are used for livestock grazing, hunting, and some farming. Recreation use in the area is primarily hunting activities. This area is well known for its exceptional elk, mule and whitetail deer and antelope hunting. The area also provides habitat for turkeys, pheasants, upland birds and waterfowl as well as fishing opportunities along a 5-mile stretch of the Musselshell River. The river bottom consists of cottonwood trees as well as brush, willows and juniper that provide excellent wildlife habitat. The project area has a checkerboard land ownership pattern. Land ownership in each county includes private, state, and federal. There are BLM and State administered lands inside and adjacent to the project area that are inaccessible to the public and require landowner permission for access. According the 2019 U.S. Census Bureau, population in Garfield County is 1,258 and Petroleum County is 487. Given available data, it is assumed that the population of either county will remain stable. Methodology and Assumptions The BLM developed assumptions for analysis purposes only of the proposed action. The assumptions are associated with the issues identified. Unless specifically identified, impacts disclosed are for both field offices. Resource Issue 1 3.2.1 Affected Environment The checkerboard land ownership pattern and rough topography in the area play a key role on the level of accessibility of public lands. The area experiences high use for hunting in the fall, but limited dispersed recreation the rest of the year. There is extremely limited access to the Musselshell River off existing county roads. County roads are the only graveled roads in the project area, with the remaining roads being two-tracks or trails. Conditions of existing two- tracks and trails on BLM lands vary due to the rough topography, erosive soils, and existing uses. BLM lands are predominately accessible through non-motorized travel, with some motorized travel on existing roads and trails. The project area contains approximately 87 total miles of existing roads and trails; 39 miles on BLM lands, 7 miles on State of Montana lands, and 41

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miles on the proposed private lands (Table 1) (Map 2). Of the 87 existing miles, approximately 13 miles are publicly accessible for motorized travel on BLM lands from existing county roads, and 26 are inaccessible to public for motorized travel. For BLM lands, in the project area there are approximately 17,030 acres are accessible off existing county roads. In addition, there are approximately 8,040 acres of BLM lands (640 acres inside the southeast corner of the project area and 7,400 acres adjacent) that are inaccessible by any means of travel and presently require landowner permission to access (Table 1). These are identified as the cross-hatched lands in Map 2. For State administered lands, in the project area there are approximately 2,640 acres, of which 1,320 acres are accessible to the public, with approximately 2 miles of county road accessible for motorized travel. Approximately 1,320 acres (680 acres inside project area and 640 acres adjacent) are not publicly accessible and require landowner permission to access. Public motorized travel on state administered lands is closed unless the state specifically labels roads as open for motorized travel. Access to the CMR administered lands is currently from existing public roads. Table 1. Current accessibility of public lands and miles of roads and trails

Inaccessible to Public Accessible to Public (Existing Miles, Motorized) (Existing Miles, Motorized) BLM Lands 26 13 Private Proposed Lands 31 10* State Lands** 5 2 Total 62 24 Inaccessible to Public Accessible to Public (Acres) (Acres) BLM Lands 8,040 17,030 (640 inside project area; 7,400 adjacent) Private Proposed Lands 11,420 0 State Lands** 1,320 1,320 Total 20,780 18,350 *Existing miles accessible on private lands listed above are on public county roads. ** State lands are Closed to motorized travel unless signed Open by State. Existing miles accessible listed above are on public county road. 3.2.2 Environmental Effects —No Action Alternative The No Action alternative would result in continuation of the current use of public lands and associated roads and trails, which limits and restricts public recreation opportunities in the area (Table 1) (Map 2). The public would continue to have predominately non-motorized access on approximately 17,030 acres of BLM lands in the project area. The 8,040 acres of BLM lands would continue to be inaccessible to the public. Public travel would be restricted to predominately non-motorized travel, except on the 13 miles of existing roads and trails. Access to the CMR and adjacent BLM lands would be from existing county roads or with landowner permission.

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Recreation activities would still occur on BLM lands; however, due to the rough topography it would be expected that dispersed recreation activities would predominately occur within proximity to the 13 miles of publicly accessible roads and trails. Access to the Musselshell River would continue to be extremely limited and predominantly inaccessible to the public for recreational opportunities. More importantly, due to the checkerboard land ownership pattern potential conflicts could arise between private landowners and the public looking to recreate and/or hunt on public lands. The BLM and permitted/authorized users would continue to access all BLM lands to conduct necessary field surveys and data collection for permitted operations. 3.2.3 Environmental Effects—Alternative 2 Under the proposed action alternative, acquisition of approximately 11,420 acres of privately owned lands would consolidate approximately 36,490 acres of BLM lands in and adjacent the project area, including lands historically inaccessible to public, and allow access on approximately 77 miles of existing roads and trails within the project area (Table 2) (Map 3). No new roads or trails would be constructed. Only 5 miles of roads and trail on BLM lands in the project would be inaccessible and require landowner permission to access. Additional state administered lands would be publicly accessible. Overall, the proposed action would make approximately 39,130 acres of BLM and State lands accessible to the public. Table 2. Proposed Action accessibility of public lands and miles of roads, and trails

Inaccessible to Public Accessible to Public (Existing Miles, Motorized) (Existing Miles, Motorized) BLM Lands 5 75 State Lands* 5 2 Total 10 77 Inaccessible to Public Accessible to Public (Acres) (Acres) BLM Lands 0 36,490 State Lands* 0 2,640 Total** 0 39,130 *State lands are Closed to motorized travel unless signed Open by State. Existing miles accessible listed above are on public county road. **Includes the cross-hatched lands historically publicly inaccessible requiring landowner permission. Having approximately 39,130 acres of contiguous BLM and State lands that are accessible would provide opportunities for ongoing and additional recreation activities not only along existing roads and trails but also on lands historically not accessible to the public and along the Musselshell River. Under this alternative, conflicts resulting from access issues between the private landowner and the public would be diminished within the project area. More importantly, the public would have legal access to the Musselshell River, and an additional 8,040 acres of BLM lands historically inaccessible. Overall, this acquisition would expand public land access, river access, improve hunting and recreation opportunities, and help promote tourism to the local area.

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Resource Issue 2 3.3.1 Affected Environment Both Garfield and Petroleum Counties collect property taxes from privately owned land parcels within the county. For eligible Federally owned properties, the county receives Payments 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. See the Lewistown RMP Analysis of Management Situation, Final Revised Area Profile Nov 2019 for more information on the PILT program.

PILT payments are determined by the eligible acreage located within the county, county population and an adjustment based upon prior payments. In 2020 Garfield County received $241,268 in PILT payments on 814,900 eligible Federally owned acres and Petroleum County received $97,612 on 335,039 acres (US DOI 2021). Over the past five years eligible acreage has only changed by a few acres and total payments have increased by a few percent.

Under the authority of Fish and Wildlife Act of 1956, 16 U.S.C. 742a-742j; National Wildlife Refuge Administration Act of 1966 (16 U.S.C. 668 dd (a)(3)); Land and Water Conservation Fund Act of 1965, 54 U.S.C. §§ 200301-200310, the U.S. Fish and Wildlife Service (FWS) is pursuing an acquisition of approximately 756 acres (290 acres in Petroleum County, 466 acres in Garfield County) of privately owned land along the Musselshell River within the current CMR Refuge boundary. Information on payments to local governments on Service administered lands can be found at https://www.fws.gov/refuges/realty/rrs.html. The FWS acquisition transaction is not connected to the BLM proposal being analyzed in this EA (i.e., the FWS acquisition can take place regardless of any decisions the BLM may take on this proposed action). Therefore, the following environmental effects are associated with the BLM proposed action. 3.3.2 Environmental Effects—No Action Alternative Under the No Action alternative, Garfield and Petroleum Counties would continue to collect property taxes from the private land and both counties would continue to receive annual PILT for the Federally owned land located within each jurisdiction. In 2020, these PILT payments totaled $241,268 and $97,612 for Garfield and Petroleum Counties, respectively. Increases in PILT payments will largely depend upon future population growth.

3.3.3 Environmental Effects—Alternative 2 Under the Proposed Action, Garfield County would no longer collect property taxes on the acquired 11,092 acres and Petroleum county would no longer collect property taxes on the acquired 328 acres.

Using assessor’s office tax collection data and county-level 2020 PILT payments, the Garfield County parcels currently generate an estimated $0.91 per acre in county property taxes and estimated PILT payments for this acreage would be approximately $0.30 per acre. In total, the shift from private to Federal ownership represents an annual reduction in Garfield County property tax collections of $6,789.

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Using the same process, Petroleum County property taxes for the acquired acreage are currently $1.59 per acre and replacement PILT payments are estimated at $0.30 per acre. The total estimated difference in annual Petroleum County property tax collections under the proposed action is a reduction of $423.

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4 Consultation and Coordination Summary of Consultation and Coordination Even though the proposed action is an acquisition action only and does not include surface disturbing activities, on February 12, 2021, the BLM initiated government to government consultation with 21 tribal governments. In addition, the Montana State Historic Preservation Officer was sent information on the project. The BLM would follow consultation protocols should future surface disturbing activities be proposed. The BLM conducted outreach with Petroleum and Garfield County commissioners in July 2019 and again in February 2021 to discuss the acquisition project. A letter was submitted by Petroleum County stating their current opposition to the project based on their projected loss in tax revenue in the county. A letter was submitted by Garfield County stating their support of the project. Summary of Public Participation In 2019, the BLM received letters in support of the acquisition project from Montana Backcounty Hunters & Anglers, Garfield County Commissioners, Montana Fish, Wildlife and Parks Region 7, Montana Sportsmen Alliance, National Wild Turkey Federation, Rocky Mountain Elk Foundation, and Theodore Roosevelt Conservation Partnership. Notice of this project was posted on the NEPA Register on the BLM e-Planning project website at https://eplanning.blm.gov on February 9, 2021. A 30-day public comment period on the EA will occur March 1, 2021 to March 31, 2021. Letters will be sent to interested parties and tribal governments notifying them of the public comment period. In addition, a news release will be sent to local news outlets for publication and published on the BLM Montana/Dakotas social media outlets.

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5 List of Appendices Appendix A—List of Preparers Appendix B—Table of Issues and Resources Considered Appendix C—Acronyms and Abbreviations Appendix D—List of References Appendix E—Maps Appendix F – Land Use Plan Management Decisions

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Appendix A: List of Preparers Name Title Resource Area

Irma Nansel Planning and NEPA-MCFO, Project Lead, Environmental Coordinator Access

Beth Klempel AFM, Nonrenewable Land Tenure Resources

Dan Brunkhorst Planning and NEPA-LFO Environmental Coordinator

Scott Rickard Economist Economics

Jim Ledger Realty Specialist/Land Reviewer Tenure Program Manager

Ruth Miller Planning and NEPA Lead Reviewer

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Appendix B: Table of Issues and Resources Considered Determination* Resource Rationale for Determination*

PI Access Acquiring the privately owned lands may impact access in and out of adjacent public lands in the area. Acquiring the lands would consolidate public lands in the project area, thereby, making accessible privately owned lands that have been historically publicly inaccessible.

Existing roads and trails on lands proposed for acquisition would be managed in accordance to the Record of Decision: Off-Highway Vehicle Environmental Impact Statement and Proposed Plan Amendment for Montana, North Dakota and South Dakota (BLM 2003). Any future development or route designations on the existing roads and/or trails would be subject to subsequent review under NEPA. NI Air Quality Administrative transfer is non-surface disturbing. Existing uses on lands proposed for acquisition, such as grazing and ROWs, are not expected to change and are not anticipated to cause significant impacts to existing ambient air quality and resources. Any ongoing or additional contributions to regulated pollutants to ambient air by this action would be negligible.

The lands proposed for acquisition are privately owned; therefore, acquiring these lands would allow BLM to monitor and manage resources pursuant to the goals listed in the respective RMPs, and associated federal laws and regulations. NP Areas of Critical Lands proposed for acquisition are not within or adjacent to an Environmental ACEC. Concern NP Backcountry Lands proposed for acquisition are not within or adjacent to Conservation backcountry conservation areas. Areas NI Climate Administrative transfer is non-surface disturbing. Existing uses on lands proposed for acquisition, such as grazing and ROWs, are not expected to change.

The lands proposed for acquisition are privately owned and may contain undocumented cultural resources; therefore, acquiring these lands would allow BLM to monitor and manage resources

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pursuant to the goals listed in the respective RMPs, and associated federal laws and regulations.

Future developments proposed on the lands would be subject to review under NEPA and Section 106 of the National Historic Preservation Act.

Parcels within Petroleum and Garfield County have not been inventoried to Class III Standards, however BLM managed lands nearby contain relatively sparse concentrations of historic and prehistoric resources. Distribution and densities of Historic Properties on private lands proposed for acquisition will most likely be the same. NP Environmental Administrative transfer is non-surface disturbing. Existing types of Justice uses on the lands proposed for acquisition, such as grazing and ROWs, are not expected to disproportionally impact EJ populations. There are no groups that rely on or use the property for economic reasons or special uses. NI Farmlands Garfield County lands proposed for acquisition contain prime if (Prime or irrigated farmland, and farmlands of statewide importance: Unique) Farmlands of statewide importance: T. 17 N., R. 29 E., Sec. 1 NESE; T. 18 N., R. 29 E., Sec. 24 LOTS 1, 4, 5, 10; T. 18 N., R. 29 E., Sec. 24 E1/2NE, SWNE, NESE; T. 18 N., R. 29 E., Sec. 25 LOT 1; T. 18 N., R. 29 E., Sec. 25 SENE; T. 18 N., R. 29 E., Sec. 36 LOTS 5-9, 13; T. 18 N., R. 29 E., Sec. 36 NWSE, NESE, SESE; T. 18 N., R. 30 E., Sec. 19 LOTS 2,3; T. 18 N., R. 30 E., Sec. 28 NE, SENW, N1/2SE (Approx. 365.85 Acres) Prime if Irrigated: T. 18 N., R. 29 E., Sec. 36 LOTS 5-10 (Approx. 71.7 acres)

Petroleum County lands proposed for acquisition contain prime farmland, if irrigation occurs in: T. 18 N., R. 29 E., Sec. 14 E2NENESE (approx. 2.3 acres) T. 18 N., R. 30 E., Sec. 14 NWSW (approx. 30.0 acres).

Administrative transfer is non-surface disturbing, existing uses on the lands, such as grazing and ROWs, are not expected to change.

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The lands proposed for acquisition are privately owned; therefore, acquiring these lands would allow BLM to monitor and manage resources pursuant to the goals listed in the respective RMPs, and associated federal laws and regulations. Future developments on the lands would be subject to review under NEPA. NP Forestry Lands proposed for acquisition do not contain forestry resources or Resources and woodland products that would be used for commercial timber Woodland sales. Products NI Fish Habitat Some of the lands proposed for acquisition are adjacent to the Musselshell River and Lodgepole Creek. Administrative transfer is non-surface disturbing, existing uses on the lands, such as grazing and ROWs, are not expected to change.

The lands proposed for acquisition are privately owned and may contain fish habitat; therefore, acquiring these lands would allow BLM to monitor and manage resources pursuant to the goals listed in the respective RMPs, and associated federal laws and regulations. Future developments proposed on the lands would be subject to review under NEPA. NI Floodplains Lands proposed for acquisition are not within or adjacent to FEMA regulated 100-year floodplains. However, some of the lands proposed for acquisition are adjacent to the Musselshell River and associated floodplains.

Administrative transfer is non-surface disturbing, existing uses on lands proposed for acquisition, such as grazing and ROWs, are not expected to change.

The lands proposed for acquisition are privately owned and may contain perennial and intermittent streams; therefore, acquiring these lands would allow BLM to monitor and manage resources pursuant to the goals listed in the associated RMPs, and associated federal laws and regulations. Future developments proposed on the lands would be subject to review under NEPA. NP Human Health Administrative transfer is non-surface disturbing, existing uses on and Safety lands proposed for acquisition, such as grazing and ROWs, are not expected to change.

Fieldwork for the Environmental Site Assessment was completed in October 2020 and determined no hazardous or toxic sites are present on the lands. NI Invasive, Non- Administrative transfer is non-surface disturbing, existing uses on native Species lands proposed for acquisition, such as grazing and ROWs, are not expected to change.

The lands proposed for acquisition are privately owned and may contain invasive/non-native species; therefore, acquiring these lands would allow BLM to monitor and manage resources pursuant

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to the goals listed in the respective RMPs, and associated federal laws and regulations. Future developments proposed on the lands would be subject to review under NEPA. NI Lands and Administrative transfer is non-surface disturbing, existing uses and Realty existing ROWs or encumbrances in the project area are not expected to change due to the proposed action. Future lands authorizations within the project area could be possible after the acquisition takes place. NP Lands with Lands proposed for acquisition are not within or adjacent to LWCs. Wilderness Characteristics NI Livestock Administrative transfer is non-surface disturbing. Existing uses on Grazing lands proposed for acquisition, such as grazing and ROWs, are not Management expected to change. The grazing permit has designated base property, which does not include the private lands proposed for acquisition.

Animal Unit Months on the lands proposed for acquisition would be suspended pending collection of monitoring data and subsequent NEPA review to determine allocation in accordance with federal regulations and respective RMPs. NI Migratory Birds Administrative transfer is non-surface disturbing, existing uses on lands proposed for acquisition, such as grazing and ROWs, are not expected to change.

The United States would obtain the mineral rights within lands proposed for acquisition. In September 2020, a mineral potential report was completed for the lands proposed for acquisition. According to Montana Board of Oil and Gas, in 1974, one well was drilled, plugged, and abandoned on the proposed lands. For the MCFO RMP, the lands are within low development potential for oil and gas. For the Lewistown RMP, the lands lie in an RFD area with 1-5 well/township projected over the next 15 years.

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NI Minerals - Administrative transfer is non-surface disturbing. Existing uses on Solids lands proposed for acquisition, such as grazing and ROWs, are not expected to change. The United States would obtain the mineral rights on the lands proposed for acquisition.

The lands are privately owned. In September 2020, a mineral potential report was completed for the lands proposed for acquisition. The area does not have coal development potential. The report determined minimal sources for mineral materials (e.g. gravel) due to the small size or volume.

Acquiring these lands would allow BLM to monitor and manage resources pursuant to the goals listed in the respective RMPs, and associated federal laws and regulations. Future developments proposed on the lands would be subject to review under NEPA. NI Native The proposed undertaking would not restrict access to tribes with American historic or religious ties to the area. Religious Concerns Administrative transfer is non-surface disturbing. Existing uses on lands proposed for acquisition, such as grazing and ROWs, are not expected to change.

Through previous consultation efforts, areas identified for acquisition in Petroleum county have not been described as having significance to any Native American Tribe or community. NI Noise Administrative transfer is non-surface disturbing, existing uses on lands proposed for acquisition, such as grazing and ROWs, are not expected to change.

No known significant vertebrate fossil locations have been recorded on parcels proposed for acquisition in Petroleum County.

The lands are privately owned; therefore, acquiring these lands would allow BLM to monitor and manage resources pursuant to the goals listed in the respective RMPs, and associated federal laws

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and regulations. Future developments proposed on the lands would be subject to review under NEPA and Section 106 would be done as part of those reviews. NI Recreation Administrative transfer is non-surface disturbing. Existing uses on Resources lands proposed for acquisition, such as grazing and ROWs, are not expected to change.

Adjacent public lands are not designated as specific recreation management areas (SRMA/ERMA); therefore, the public would be allowed to carry-out dispersed recreation activities on the lands proposed for acquisition.

The lands are privately owned; therefore, acquiring these lands would allow BLM to monitor and manage resources pursuant to the goals listed in the respective RMPs, and associated federal laws and regulations. NP Sage Grouse The privately owned lands proposed for acquisition are not within Habitat or adjacent to sage grouse habitat. PI Socioeconomics Administrative transfer would modify landownership acres within Garfield and Petroleum County, resulting in less taxable private lands and additional public domain land. Change in landownership acres may impact county taxes. NI Soils Administrative transfer is non-surface disturbing, existing uses on lands proposed for acquisition, such as grazing and ROWs, are not expected to change.

The lands are privately owned; therefore, acquiring these lands would allow BLM to monitor and manage resources pursuant to the goals listed in the respective RMPs, and associated federal laws and regulations. Future developments proposed on the lands would be subject to review under NEPA. NP Threatened, Lands proposed for acquisition do not contain Threatened, Endangered or Endangered, or Candidate plant or animal species or designated Candidate Plant T&E habitats under ESA. or Animal Species The lands are privately owned; therefore, acquiring these lands would allow BLM to monitor and manage resources pursuant to the goals listed in the respective RMPs, and associated federal laws and regulations. Future developments proposed on the lands would be subject to review under NEPA. NI Vegetation Administrative transfer is non-surface disturbing, existing uses on lands proposed for acquisition, such as grazing and ROWs, are not expected to change.

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NI Visual Administrative transfer is non-surface disturbing, existing uses on Resources lands proposed for acquisition, such as grazing and ROWs, are not expected to change.

Lands proposed for acquisition are adjacent to BLM lands designated VRM Class II in Garfield County and VRM Class III in Petroleum County. The lands are privately owned; therefore, acquiring these lands would allow BLM to monitor and manage resources pursuant to the goals listed in the respective RMPs, and associated federal laws and regulations. Future developments proposed on the lands would be subject to review under NEPA. NP Wastes, Administrative transfer is non-surface disturbing, existing uses on Hazardous or lands proposed for acquisition, such as grazing and ROWs, are not Solid expected to change.

An Environmental Site Assessment was completed in October 2020 and determined no hazardous or toxic sites are present on the lands. NI Water There are no source water protection areas on the lands proposed for acquisition. Some of the lands proposed for acquisition are adjacent to the Musselshell River. Montana DEQ has rated this reach of the Musselshell River as category 5.

Administrative transfer is non-surface disturbing, existing uses on lands proposed for acquisition, such as grazing and ROWs, are not expected to change.

The lands proposed for acquisition are privately owned and contain water resources; therefore, acquiring these lands would allow BLM to manage resources pursuant to the goals listed in the respective RMPs, and associated federal laws and regulations. Future developments proposed on the lands would be subject to review under NEPA. NI Wetlands/Ripari Administrative transfer is non-surface disturbing. Existing uses on an Zones lands proposed for acquisition, such as grazing and ROWs, are not expected to change. The lands proposed for acquisition contain wetland/riparian areas and will not be negatively impacted.

The lands proposed for acquisition are privately owned and contain wetland/riparian zones; therefore, acquiring these lands would allow BLM to manage resources pursuant to the goals listed in the respective RMPs, and associated federal laws and regulations. Future developments proposed on the lands would be subject to review under NEPA. NP Wild Horses and The Miles City and Lewistown Field Offices do not contain Wild Burros Horse and Burros. NP Wild and Scenic The Miles City and Lewistown Field Offices do not contain Wild Rivers and Scenic Rivers NP Wilderness Privately owned lands proposed for acquisition are not within or Study Areas adjacent to Wilderness Study Areas.

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NI Wildlife Administrative transfer is non-surface disturbing, existing uses on lands proposed for acquisition, such as grazing and ROWs, are not expected to change.

Lands proposed for acquisition are within or adjacent to one active raptor nest, contain identified crucial big game winter range, and sharp-tailed grouse leks and habitat for BLM Sensitive Species which are primarily migratory birds. All other resources are not present on the lands. Therefore, acquiring these lands would allow BLM to manage resources pursuant to the goals listed in the respective RMPs, and associated federal laws and regulations. Future developments proposed on the lands would be subject to review under NEPA.

Any changes to wildlife management and hunting in the area would be under the authority of the Montana, Fish Wildlife, and Parks. *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 and may be impacted. Will be analyzed in affected environment and environmental effects. For consistency, the term ‘effects’ is used throughout the EA, but we use the term ‘impacts’ just in this table. (NOTE: PI does not necessarily mean effects are likely to be significant, only that there are effects to this issue, resource or use. Significance will be determined through analysis and documented in a Finding of No Significant Impact or Environmental Impact Statement.)

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Appendix C: Acronyms and Abbreviations

ACEC Area of Critical Environmental Concern AUM Animal Unit Month BLM Bureau of Land Management BMP Best Management Practice CEQ Council on Environmental Quality CFR Code of Federal Regulations EA Environmental Assessment EIS Environmental Impact Statement ESA Endangered Species Act FLPMA Federal Land Policy Management Act of 1976, as amended GHG Greenhouse Gas IDT Interdisciplinary Team MBTA Migratory Bird Treaty Act of 1918 NEPA National Environmental Policy Act NHPA National Historic Preservation Act RMP Resource Management Plan SHPO State Historic Preservation Office T&E Threatened and Endangered U.S.C. United States Code USFWS U.S. Fish and Wildlife Service VRM Visual Resource Management WSA Wilderness Study Area

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Appendix D: List of References

Bureau of Land Management (BLM). Record of Decision: Off-Highway Vehicle Environmental Impact Statement and Proposed Plan Amendment for Montana, North Dakota and South Dakota (BLM 2003).

Bureau of Land Management (BLM). Proposed Miles City Field Office Resource Management Plan and Final Environment Impact Statement (BLM 2015).

Bureau of Land Management (BLM). Analysis of Management Situation, Final Revised Area Profile (BLM 2019). https://eplanning.blm.gov/projects/lup/38214/20006049/250007100/Revised_Area_P rofile_November_2019_FINAL.pdf

Bureau of Land Management (BLM). Proposed Lewistown Field Office Resource Management Plan and Final Environmental Impact Statement (BLM 2021).

U.S. Census Bureau (USCB). https://www.census.gov/quickfacts/garfieldcountymontana, https://www.census.gov/quickfacts/fact/table/petroleumcountymontana,garfieldcount ymontana/PST045219 (USCB 2019)

U.S. Department of Interior (DOI). https://www.nbc.gov/pilt/counties.cfm (DOI 2021)

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Appendix E: Maps Map 1. Project Overview Map

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Map 2. Alternative A Map

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Map 3. Alternative B Map

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Appendix F: Land Use Plan Management Decisions Land use allocations for adjacent lands are listed below for each field office. Goals, objectives and specific management decisions for resources potentially present on the acquired lands (e.g. cultural resources, paleontological resources, wildlife, vegetation, invasive species, etc.) may be found in the approved land use management plans for the Miles City and Lewistown Field Offices located on the BLM e-Planning website at https://eplanning.blm.gov. Miles City Field Office • VRM Class II • Open to livestock grazing • Fire management Class 1 and 2 • Travel on existing roads and trails (BLM 2003) • Dispersed recreation • Open to major and minor ROWs • Open to renewable energy • Open to non-energy leasable minerals • Open to fluid minerals subject to NSO and CSU as applicable • Open to locatable minerals • Closed to coal • Open to mineral materials

Lewistown Field Office • VRM Class III • Open to livestock grazing • Fire management Category C • Travel on existing roads and trails (BLM 2003) • Dispersed recreation • Open to ROW • Open to non-energy leasable minerals • Open to fluid minerals subject to NSO and CSU as applicable • Open to locatable minerals • Open to mineral materials

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