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August 24, 2020 Kemba Anderson Branch Chief for Fluid Minerals Bureau of Land Management Nevada State Office 1340 Financial

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August 24, 2020 Kemba Anderson Branch Chief for Fluid Minerals Bureau of Land Management Nevada State Office 1340 Financial August 24, 2020 Kemba Anderson Branch Chief for Fluid Minerals Bureau of Land Management Nevada State Office 1340 Financial Blvd. Reno, Nevada 89502-7147 Via: E-mail1 at blm_nv_eoi)[email protected] Protest of the September 2020 Oil and Gas Lease Sale Environmental Assessment (DOI-BLM-NV-B000-2020-0009-EA) Dear Ms. Anderson, After conversations with the Battle Mountain District Office, we became aware that the seven parcels from the NV June 2020 Lease Sale (which were postponed), will now be included in the September 2020 Lease Sale. We remain extremely concerned about the seven parcels from the June 2020 proposed lease sale in the Battle Mountain District. We have significant concerns including potential impacts to wilderness-quality lands, the leasing of federal lands unlikely to produce oil or gas, climate impacts, and the continued leasing during the COVID-19 pandemic. Please accept this timely protest of seven parcels listed below in the September Oil and Gas Lease 2 Sale in the Battle Mountain District. The protesting parties are The Wilderness Society, and the Toiyabe Chapter of the Sierra Club. In this lease sale, BLM is proposing to lease 7 parcels that would cover approximately 10,459.14 acres of public lands. We are incorporating our previous June Protest that covers the seven parcels. Sincerely, Rhiannon Scanlon Policy and Planning Specialist The Wilderness Society 1660 Wynkoop St. #1150 Denver, CO 80202 [email protected] 1 BLM states in their Lease Sale Notice that protests will be accepted by electronic mail. See September 8, 2020 Bureau of Land Management Notice of Competitive Oil and Gas Internet Lease Sale (July 24, 2020), available at https://www.blm.gov/sites/blm.gov/files/NV_OG_20200908_Sale_Notice_Signed%20%281%29.pdf 2 As August 23, 2020 was a weekend, the public office was closed. The next day that the office is open to the public is August 24, 2020. Brian Beffort Toiyabe Chapter Director Sierra Club 176 Greenridge Dr. Reno, NV 89509 I. Lease Parcels Protested NV-2020-06-0013 NV-2020-06-0019 NV-2020-06-0020 NV-2020-06-1273 NV-2020-06-1280 NV-2020-06-1291 NV-2020-06-1294 II. Interests of the Protesting Parties The Wilderness Society (“TWS”) has a long-standing interest in the management of BLM lands proposals and oil and gas leasing that could potentially affect wilderness-quality lands and other important natural resources on our public lands and mineral estate. TWS represents more than one million members and supporters nationwide, including members and supporters in Nevada, all of whom have a great interest in the protection and enhancement of the natural values and recreational opportunities provided by our public lands, including lands that are included in or may be affected by Nevada September 2020 lease sale. The Sierra Club is a national nonprofit organization of approximately 784,000 members dedicated to exploring, enjoying, and protecting the wild places of the earth; to practicing and promoting the responsible use of the earth’s ecosystems and resources; to educating and enlisting humanity to protect and restore the quality of the natural and human environment; and to using all lawful means to carry out these objectives. The Toiyabe Chapter of the Sierra Club has approximately 6,600 members in Nevada and the Eastern Sierra, including members who live and recreate in the Battle Mountain District. Sierra Club members use the public lands in the Battle Mountain District, including lands and waters that would be affected by actions under the lease sale, for quiet recreation, aesthetic pursuits, and spiritual renewal. These areas would be threatened by increased oil and gas development that could result from the proposed lease sale. III. Authorization to File this Protest Rhiannon Scanlon is authorized to file this protest on behalf of The Wilderness Society and its members and supporters. She has been given like authority to file this protest on behalf of the Sierra Club. May 26, 2020 Kemba Anderson Branch Chief for Fluid Minerals Bureau of Land Management Nevada State Office 1340 Financial Blvd. Reno, Nevada 89502-7147 Via: Email1 at [email protected] Protest of the June 2020 Oil and Gas Lease Sale Environmental Assessment (DOI-BLM-NV-B000-2020-0007-EA) Dear Ms. Anderson, Please accept this timely protest of the above Oil and Gas Lease Sale in the Battle Mountain District.2 The protesting parties are The Wilderness Society, and the Toiyabe Chapter of the Sierra Club. In this lease sale, BLM is proposing to lease 7 parcels that would cover approximately 10,459.14 acres of public lands. I. Lease Parcels Protested We protest the sale of all seven parcels that are being offered in the Battle Mountain District. This protest is filed under the provisions at 43 C.F.R. § 3120.1-3. The parcel numbers and serial numbers that are protested are also shown in the Appendix to this protest. Notably, the parcels at issue are in areas that are still in disputed ownership with the Western Shoshone Nation.3 Accordingly, they are not appropriate for lease sale. II. Interests of the Protesting Parties The Wilderness Society (“TWS”) has a long-standing interest in the management of BLM lands 1 BLM states in their Lease Sale Notice that protests will be accepted by electronic mail. See June 9, 2020 Bureau of Land Management Notice of Competitive Oil and Gas Internet Lease Sale (April 24, 2020), available at https://www.blm.gov/sites/blm.gov/files/NV_OG_20200424_Sale_Notice_Signed.pdf 2 BLM issued an Errata to the Lease Sale Notice correcting the protest due date to May 24, 2020. BLM states that if the office is not open to the public on the due date, that a protest received on the next day the office is open to the public will be considered timely filed. As May 24, 2020 was a weekend and May 25, 2020 was a holiday, the public office was closed. The next day that the office is open to the public is May 26, 2020. See Errata #1 (April 28, 2020), available at https://www.blm.gov/sites/blm.gov/files/NV_OG_20200609_MD_Sale_Errata_1_0.pdf 3 See Steven Newcomb, Convoluted U.S. ‘Logic’ About the Western Shoshone Nation and its Territory, Indian Country Today (Apr. 23, 2014), available at https://indiancountrytoday.com/archive/convoluted-u-s-logic-about- the-western-shoshone-nation-and-its-territory-rZl0p7cBXU2V5ipprxhE9w ("The Western Shoshone Nation has never ceded or relinquished its territory by a ratified treaty with the United States as required by the organic act establishing the Territory of Nevada. The Treaty of Ruby Valley was not a treaty of cession or relinquishment. And, according to the act that established the territory of Nevada, no Indian land shall become part or any state or territory until such time as the Indians enter into a treaty with the United States by which they transfer their lands to the United States.") 1 in Nevada and engages frequently in the decision-making processes for land use planning, project proposals and oil and gas leasing that could potentially affect wilderness-quality lands and other important natural resources on our public lands and mineral estate. TWS represents more than one million members and supporters nationwide, including members and supporters in Nevada, all of whom have a great interest in the protection and enhancement of the natural values and recreational opportunities provided by our public lands, including lands that are included in or may be affected by Nevada June 2020 lease sale. The Sierra Club is a national nonprofit organization of approximately 784,000 members dedicated to exploring, enjoying, and protecting the wild places of the earth; to practicing and promoting the responsible use of the earth’s ecosystems and resources; to educating and enlisting humanity to protect and restore the quality of the natural and human environment; and to using all lawful means to carry out these objectives. The Toiyabe Chapter of the Sierra Club has approximately 6,600 members in Nevada and the Eastern Sierra, including members who live and recreate in the Battle Mountain District. Sierra Club members use the public lands in the Battle Mountain District, including lands and waters that would be affected by actions under the lease sale, for quiet recreation, aesthetic pursuits, and spiritual renewal. These areas would be threatened by increased oil and gas development that could result from the proposed lease sale. III. Authorization to File this Protest As an attorney for The Wilderness Society, Bruce Pendery is authorized to file this protest on behalf of The Wilderness Society and its members and supporters. He has been given like authority to file this protest on behalf of the Sierra Club. IV. Statement of Reasons The protesting parties filed detailed comments on March 25, 2020, on the proposed lease parcels, as described in the Environmental Assessment (EA) prepared by Battle Mountain District on February 24, 2020. The majority of our comments were inadequately addressed or were not address at all. Therefore, many elements of this protest remain unchanged from the issues we raised in the March comments, and we ask the BLM to consider those concerns at this time. For that reason, our previous comments are incorporated into this protest by this reference, and we ask that they be fully considered as part of it. We have significant concerns with the proposed lease sale, including potential impacts to wilderness-quality lands, the leasing of Federal lands unlikely to produce oil or gas, climate impacts, and the disputed ownership with the Western Shoshone. Our comments detail these concerns below. A. Public Participation We appreciate BLM’s decision to link this lease sale’s ePlanning site to the agency’s official webpage for oil and gas lease sales in Nevada, per our March 25th comments.
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