Alvord Desert Seeding, Mann Lake, and Steens Mountain Wilderness Film Permit
Environmental Assessment DOI-BLM-OR-B070-2015-0002-EA OR-68253 Burns District, Andrews/Steens Resource Area
United States Department of the Interior Bureau of Land Management Burns District Office 28910 Highway 20 West Hines, Oregon 97738 541-589-4400 Phone 541-573-4411 Fax
November 12, 2014
This Page is Intentionally Left Blank
Alvord Desert Seeding, Mann Lake, and Steens Mountain Wilderness Film Permit Environmental Assessment DOI-BLM-OR-B070-2015-0002-EA OR-68253 Burns District, Andrews/Steens Resource Area
Table of Contents
I. INTRODUCTION ...... 2 A. Purpose and Need for Proposed Action...... 3 B. Decision to be Made ...... 3 C. Conformance with BLM Resource Management Plans ...... 3 D. Consistency with Laws, Regulations, and Policies...... 4 E. Scoping and Identification of Issues ...... 5 F. Issues Considered but Eliminated from Detailed Analysis ...... 5 II. DESCRIPTION OF PROPOSED ACTION AND ALTERNATIVES ...... 7 A. Alternative A—No Action...... 7 B. Alternative B—Proposed Action (Renegade 83’s Proposal) ...... 7 C. Alternative C—Proposed Action with Additional Design Elements ...... 9 D. Alternative D—Alternatives Considered but Eliminated from Further Analysis .... 10 III. AFFECTED ENVIRONMENT AND ENVIRONMENTAL EFFECTS ...... 10 A. Identified Resource—Lands and Realty ...... 16 1. Affected Environment—Lands and Realty ...... 16 2. Environmental Consequences—Lands and Realty…………………………..17 B. Identified Resource—Wilderness ...... 18 1. Affected Environment—Wilderness ...... 18 2. Environmental Consequences—Wilderness…………………………………19 IV. CONSULTATION AND COORDINATION ...... 22
List of Tables
Table 3-1 Affected Environment ...... 11 Table 4-1 Tribes, Individuals, Organizations, or Agencies Consulted ...... 22 Table 4-2 List of Preparers ...... 23
Appendix A Map Appendix B Minimum Requirement Decision Guide (MRDG) for Wilderness
1 Alvord Desert Seeding, Mann Lake, and Steens Mountain Wilderness Film Permit Environmental Assessment DOI-BLM-OR-B070-2015-0002-EA OR-68253 Burns District, Andrews/Steens Resource Area
View of one of the gorges on Steens Mountain
I. INTRODUCTION
The Bureau of Land Management (BLM), Burns District Office received an application for a film permit on October 8, 2014, from Renegade Productions. Renegade Productions (Renegade 83) for the Discovery Channel has endeavored to produce a show titled, “Matt on the Run.” “Matt on the Run” features a geography professor from Brigham Young University (BYU) and two of his assistants trekking through some of the most pristine locations in the United States. The main purposes of the show are to:
Give short biographical sketches of the people indigenous to the locations. Explain how to protect river resources. Explain how to safely navigate various terrains.
2 Highlight unique wildlife (including native and non-native plants and animal species) on the land and in the water. Highlight the geology of the land.
In addition to providing the shows to the Discovery Channel, the geography professor intends to use the shows in his classroom for the education of his students.
Renegade 83 proposes three hikers traverse across Steens Mountain beginning in Alvord Desert Seeding, going through Mann Lake, hiking up the east face of Steens Mountain to the Summit, down the ridge to Big Indian Gorge, and eventually ending up in Page Springs Campground during the winter of 2014. (See Map, Appendix A)
A. Purpose and Need for Proposed Action
The purpose for the action is to consider a request from Renegade 83 to film on public land within the Andrews Management Unit (AMU)/Steens Mountain Cooperative Management and Protection Area (CMPA) (Andrews/Steens) Resource Area. The need for the action is established by the BLM’s responsibility under the Federal Land Policy and Management Act (FLPMA) to respond to a request for a permit. In addition, the CMPA Resource Management Plan (RMP), dated August 2005, directs BLM to “provide for the level and type of commercial services necessary, consistent with the Wilderness Act….to enable the public to use, access, enjoy and experience recreational and other values of wilderness…” (RMP, P-28). The AMU RMP also directs BLM to “Meet public, private and Federal Agency needs for realty-related land use authorizations…” (RMP, P- 59).
B. Decision to be Made
The BLM will decide whether or not to grant the film permit, and if so under what terms and conditions.
C. Conformance with BLM Resource Management Plans
The proposed action and alternatives described below are in conformance with the AMU CMPA RMPs, approved August 2005, even though they are not specifically provided for, because they are clearly consistent with the following RMP objectives, goals, and decisions as they relate to the Lands and Realty program and/or the wilderness resource. They conform to RMP decisions on page RMP-59 and pages P-28 and P-59 from Appendix P of the RMP. Please see quotes from these pages below.
1. The AMU Record of Decision (ROD) and RMP, August 2005, requires on page RMP-59 that BLM, “Meet public, private and Federal Agency needs for realty-related land use authorizations and land withdrawals including those authorizations necessary for wind, solar, biomass, and other forms of renewable energy development.”
3 A film permit is a realty-related land use authorization covered under a temporary 2920 permit authorized by section 302 of the FLPMA.
2. The Steens Mountain Wilderness and Wild and Scenic Rivers Plan, August 2005, states on P-59, “Commercial Activities including film permits are generally prohibited in Steens Mountain Wilderness and WSRs. Commercial activities allowed in wilderness are addressed in this management plan under Special Recreation Permits” and on P-28, “Section 4(d)(6) of the Wilderness Acts states, ‘Commercial services may be performed within the wilderness areas designated by this Act to the extent necessary for realizing the recreational or other wilderness purposes of the areas.’”
The proposed action promotes wilderness in general; highlights the protection of the wilderness resource; describes the primitive, recreational opportunities available; describes the scenic beauty of the resource, and analyzes the educational and scientific value of the wilderness; furthermore, hiking is an allowed use within wilderness. The commercial film permit in this instance would be in conformance with both RMPs and the Wilderness Manual.
D. Consistency with Laws, Regulations, and Policies
The Proposed Action and all action alternatives have been designed to conform to State, Tribal, Federal, and local land use plans, regulations, consultation requirements, and other authorities, which direct and provide the framework and official guidance for management of BLM lands within the Burns District.
Federal Land Management and Policy Act (FLMPA) (43 U.S.C. 1701), 1976 National Environmental Policy Act (NEPA) (42 U.S.C. 4320-4347), 1970 Minimum Impact Permits (43 C.F.R. 2920.2-2), 2013 Steens Mountain Cooperative Management and Protection Act, Public Law 106-399, Oct. 30, 2000 Wilderness Act, Public Law 88-577, Sept. 3, 1964 State, local, and Tribal laws, regulations, and land use plans BLM Manual 6340 Management of Designated Wilderness Areas BLM Manual 6330 Management of Wilderness Study Areas Burns District Noxious Weed Management Program EA (OR-020-98-05), 1998 Steens Mountain Cooperative Management and Protection Area Record of Decision and Resource Management Plan, August 2005 Steens Mountain Wilderness and Wild and Scenic Rivers Plan Appendix P -Steens Mountain Cooperative Management and Protection Area Resource Management Plan, August 2005 Andrews Management Unit Record of Decision and Resource Management Plan, August 2005
4 E. Scoping and Identification of Issues
The BLM contacted the Harney County (HC) Planning Department on October 17, 2014, by telephone to ensure there were no additional permits required from the county for filming. Permits are only required when filming will take longer than 45 days. (ORS 215.306)
The BLM contacted the HC Sheriff’s Department and Search and Rescue on October 17, 2014, by telephone. HC Sheriff Dave Glerup asked that the company be required to show either a bond or proof of insurance that will cover the costs incurred by the county or the state should a rescue mission be necessary.
The BLM contacted Oregon Department of Fish and Wildlife (ODFW) on October 23, 2014, regarding the possible effects of the low-level flying of the helicopter on bighorn sheep. Stipulations were developed in response to this conversation.
The BLM conducted an interdisciplinary meeting on October 20, 2014, at 10:00 am.
The following issues were raised by the BLM staff and are analyzed in detail in this EA.
How would denying the Minimum Impact Film Permit affect the applicant? Addressed in Chapter III.B.1. How would issuance of the Minimum Impact Film Permit affect any other permitted activities in the area? Addressed in Chapter III.B.1. Would issuance of the Minimum Impact Film Permit violate the Steens Act or the Wilderness Act? Addressed in Chapter III.B.2. Would issuance of the Minimum Impact Film Permit impact wilderness character? Addressed in Chapter III.B.2.
F. Issues Considered but Eliminated from Detailed Analysis
Will the proposed action affect any lands with wilderness characteristics or Wilderness Study Areas (WSAs)?
Response: Wilderness characteristics outside of designated wilderness and existing Wilderness Study Areas (WSA) will not be analyzed in this Environmental Assessment (EA). The proposed route of travel for the project does not cross or enter any lands with wilderness characteristics or WSAs. This EA is also tiered to Minimum Impact Commercial Filming on Bureau of Land Management (BLM)-Managed Lands in Harney County, Oregon within Outstanding Natural Areas, Research Natural Areas, Areas of Critical Environmental Concern, Special Recreation Management Areas, Wild Horse and Burro Herd Management Areas, Wilderness Study Areas, the Cooperative Management and Protection Area, and the Roads bounded by Steens Wilderness, EA-OR-07-020-059, which already analyzed minimum impact commercial filming in WSAs and other special areas. The decision was signed for this EA on August 30, 2010.
5 Would issuance of the Minimum Impact Film Permit put public health and safety at risk?
Response: A term and condition of the film permit would require Renegade 83 to have a safety plan which includes communications with the BLM, Harney County Search and Rescue, and Harney County Sheriff’s Office.
What economic benefit would approving a Minimum Impact Film Permit provide Harney County?
Response: This is a minimum impact film permit with less than three actors being filmed and less than six people total for the crew and actors. There could be an increase in recreational/filming tourism by bringing an economic boost to local communities from the purchase of food, gas, lodging, and other amenities. This increase would not be measurable.
Would the film increase recreation in the Steens Mountain area?
Response: A valid assumption would be the film would promote recreation, and in turn, recreation in the area would increase; however, BLM can not measure the increase at this time.
Would authorization of the film permit authorize individuals to cross private land?
Response: The BLM would make it a term and condition of the grant that the permit holder contacts any private landowners to gain permission before crossing their private land. BLM would analyze and may approve alternative routes in case the permit holders cannot gain permission.
Renegade 83 contacted the owner of the large expanse of private land that needed to be crossed and received verbal permission on October 17, 2014.
Would low level flying of the helicopter harm bighorn sheep?
Response: The BLM conferred with ODFW and developed terms and conditions to be applied to the permit to ensure bighorn sheep will not be impacted by the low-level flying of the helicopter.
Would low flying helicopters impact wild horses?
Response: The BLM would make it a term and condition of the film permit that the helicopter would not hover or fly directly over the top of wild horses. In addition, the helicopter would not intentionally cause wild horses to move and would not pursue them.
Could BLM require a bond to cover the costs that may be incurred by Harney County Search and Rescue?
6 Response: The BLM cannot require a bond to cover costs/liabilities/damages to third parties. Renegade 83 is insured by MIB Insurance to cover the event and any possible emergency rescue situation.
II. DESCRIPTION OF PROPOSED ACTION AND ALTERNATIVES
This section of the EA describes the No Action Proposed Action and Reasonable Alternatives, including any that were considered but eliminated from detailed analysis. Reasonable alternatives are practical or feasible from the technical and economic standpoint. The No Action Proposed Action and Alternatives represent a reasonable range to cover the full spectrum of alternatives which meet the purpose and need.
A. Alternative A—No Action
Under the No Action Alternative, the BLM would deny the commercial film permit application. The No Action alternative is considered and analyzed to provide a baseline for comparison of the impacts of the other proposed actions.
B. Alternative B—Proposed Action (Renegade 83’s Proposal)
Renegade 83 would be granted a 2920 minimum impact film permit for commercial filming on the Andrews/Steens Resource Area. The permit would allow filming of a hiking experience for three actors with experience in high endurance sports (including ultra-marathons) who have over 20 years of experience hiking, climbing, rappelling, hunting, kayaking, ice climbing, biking, and camping. The hikers would also be equipped with appropriate alpine-wear clothing. The film crew would consist of another three individuals.
The proposed action would have hikers traverse the full range of environments Steens Mountain Wilderness has to offer. After crossing the Alvord Desert Seeding, the hikers would enter the wilderness on foot in the vicinity of Mann Lake. The hikers would make their way through private lands along the base of the mountain, up the mountain side to the ridge top where they would cross the boundary into wilderness. Their path would take them south along the east rim of Kiger Gorge. They would continue along the rim rocks of the Steens Mountain east face escarpment until they reach the summit. From the summit the hikers would walk downhill and in a westerly direction to the southeastern corner to the edge of Big Indian Gorge where they would pick their way down to the valley floor. Once on the valley floor they would pick up the existing Big Indian trail and follow it to South Steens Campground. They would then follow Little Blitzen River WSR to the confluence of Donner und Blitzen WSR and, finally, continue downstream along the river bank or up on the rim rocks of either side of the river to where the WSR exits the wilderness at Page Springs Campground.
The film crew would store supply caches along the route to ensure the hikers have the supplies they need. These points are noted on the map attached as Appendix A. The caches would be put in place before the hikers reach these points. The crew would get as close as possible by using either vehicles or snow machines depending on road conditions
7 and hiking the supply caches the remaining distance. After the hikers have taken what they need and left any items that need to be hauled out of the wilderness, the film crew would retrieve the boxes in the same manner as they delivered them. Motorized travel would only occur on roads cherry stemmed out of the Wilderness.
The hikers would begin in the Alvord Desert Seeding on either fat-tire bikes (non- motorized) or by hiking on foot on approximately December 15, 2014. They would not use any off- road vehicles once they leave the salt flat. If the hikers did use the bikes, the film crew would retrieve the bikes along with any changes of clothing, supplies, and/or garbage. They would spend approximately one day exploring the desert and traveling to Mann Lake where they would spend the night. On the second day, the hikers would traverse the east side of Steens Mountain to the summit. To complete this hike they would use ice axes, clamp-ons, slider leashes, and lockdown leashes. These tools would not be left on site.
Once they have reached the summit they would hike down the ridge until they find an appropriate location to spend the night. Finally the hikers would hike down Big Indian Creek until it meets the Donner und Blitzen River. Depending on how long the hike takes, the hikers would either end the hike and the film at South Steens Campground or they would follow the Donner und Blitzen River until they reach Page Springs Campground. The entire hiking experience and film permit would take approximately 3-4 days.
Filming would be by use of small Go-Pro cameras held by each of the three hikers. Along the way they intend to:
Give short biographical sketches on the history of the people indigenous to the area. Demonstrate or explain how to protect river resources. Demonstrate how to safely navigate various kinds of terrain. Display unique wildlife in the area, including native and non-native plant and animal species (if snow levels allow). Display the unique geology in the area.
The filming would also include aerial imagery taken from a helicopter with a flying ceiling of 500’ (flying ceiling is defined as the minimum distance between the helicopter and the earth). The helicopter would be in the air filming for approximately one to five hours over the course of the four days. The helicopter would be based out of the nearest airfield (in this instance Burns, Oregon). The helicopter would not touch down in the wilderness and would only be used to record aerial images of the hikers and the terrain.
Hikers would avoid private land where possible; however, if the private land could not be avoided they would obtain permission from private landowners prior to crossing.
The hikers would be outfitted with personal location beacons, which would track them via satellite. The hikers would also be issued a satellite phone, hand held radios, whistle,
8 and air horns. The film company would contract with MIB insurance, a worldwide program; in the event there is a major emergency, the film company would call MIB and the closest assets would be contracted for rescue or evacuation. Emergency services would be within an hour’s flight. A medic would also be among the crew that delivers the supply caches and tracks the hikers’ progress.
The crew may need to access the supply cache sites after snow has accumulated on Steens Mountain Loop Road. In this case, the road would either be plowed to allow vehicle traffic through, or if the snow was a greater amount than could be plowed, a snow cat would be used to access the hikers. The applicant would hire the services from a local company if such work and/or equipment were needed.
C. Alternative C—Proposed Action with Additional Design Elements
Alternative C would be identical to Alternative B with added project design elements as listed below.
To ensure the activity described does not exceed casual use, the following guidelines would be observed:
1. All camping and research activities would follow “Leave No Trace” guidelines. 2. BLM would be notified of any accidents occurring on the public land which result in loss of life, loss of consciousness, disability of individuals in excess of 24 hours, requirement to secure medical treatment, or property damage in excess of $100. In addition to notifying BLM as soon as possible, Renegade 83 would submit a detailed written report to BLM within 10 days from the date of any accident. 3. Actors and crew would not interfere with other valid uses occurring on public land such as grazing, mining, and recreation. 4. Authorization by BLM does not guarantee the use of specific public areas, nor does it grant the exclusive use of any area. 5. No one shall intentionally or wantonly destroy, deface, remove, or disturb any public building, sign, equipment, marker or other government property, cultural site, historic structure, natural feature, vegetation, or wildlife, except as legally permitted. 6. All trash would be removed from site and disposed of at an authorized disposal site. No trash burning would be allowed. 7. Archaeological and historical resources, including, but not limited to, petroglyphs, ruins, historic buildings, and artifacts, will not be disturbed. Any hidden cultural resources uncovered will be left in place. 8. The BLM would receive copies of information presented on video or posters and anything published with the BLM Burns District Office listed in the credits. This information will assist us in management of the public lands. 9. No dropping of items or picking up of items or people by the helicopter is allowed in the Wilderness. Under emergency circumstances coordination with the authorized officer is required.
9 10. Camping would be minimum impact with no clearing of vegetation allowed. 11. The helicopter would not hover or fly directly over the top of wild horses. In addition, the helicopter would not intentionally cause wild horses to move and would not pursue them if they flee. 12. Permittees would ensure that any equipment brought in to the wilderness is clean of vegetative matter and/or seeds. 13. Any damage done to roads that may require snow removal in the course of this permit would be brought back to their pre-plowed condition with coordination of the authorized officer. 14. The helicopter would not hover over or near any bighorn sheep for a period lasting longer than 90 seconds. After 90 seconds have passed, the helicopter may not reacquire the same group of bighorn sheep until 45 minutes have passed. 15. This area is a Minerals Withdrawal Area, there will be no collection of rocks.
D. Alternative D—Alternatives Considered but Eliminated from Further Analysis
The BLM Burns District Interdisciplinary Team (IDT) met and discussed the possible routes the hikers could use to traverse the summit. No alternative routes were discussed because the route chosen was deemed to be the safest and easiest at the chosen time of year and because there were no resource concerns that could not be addressed through project design elements.
III. AFFECTED ENVIRONMENT AND ENVIRONMENTAL EFFECTS
This chapter details the Affected Environment section which is the baseline resource data displaying current conditions of each identified resource with an issue (i.e., the physical, biological, and resources) that could be potentially affected by any of the alternatives discussed in Chapter II. In addition, the Introduction Section of this EA, specifically the Purpose of and Need for Action, identifies past actions creating the current situation.
For example, in the Affected Environment section for Lands and Realty in this EA, there are several Rights-of-Way (ROW) in the area of potential ffect to power lines, county roads, and telephone lines. Without this baseline data there can be no effective comparison of alternatives. The intent of this chapter is to give enough information for the reader to compare the present with the predicted future condition resulting from enactment of the project activities (Environmental Effects discussed next, after the table), and for the decision maker to make an informed decision.
10
View of the east side of Steens Mountain
The IDT has reviewed and identified issues affected by the alternatives through internal and external scoping. The following Affected Environment Table 3-1 summarizes the results of that review. The resources with no issues identified and listed as either not affected or not present will not be discussed further in this document. Resources with an issue(s) have questions that will be analyzed in detail in this Chapter and are in bold in the table below.
Table 3-1 Affected Environment Identified Resource with Status Explanation or Issue Question Issue Question for Analysis Affected; If Affected (BOLD); Reference Applicable EA Not Chapter and Section; and State the Issue in a Affected; Question. Not If Not Affected, explanation required. Present. If Not Present, explanation required. Air Quality Not Based on the project proposal, i.e. no surface (Clean Air Act) Affected disturbance and limited vehicle/helicopter use, air quality would not be affected. American Indian Traditional Not The Burns Paiute Tribe considers Steens Practices Affected Mountain to be a very important place in terms of their spiritual and cultural practices. However, the scope of this filming project will leave no impacts to these practices because the project is very short in duration and would leave no permanent visual impairment. Areas of Critical Not Hiking through ACEC/Research Natural Areas Environmental Concern Affected (RNA) would have no impact and camping (ACECs) would be minimal impact without clearing of
11 Table 3-1 Affected Environment Identified Resource with Status Explanation or Issue Question Issue Question for Analysis Affected; If Affected (BOLD); Reference Applicable EA Not Chapter and Section; and State the Issue in a Affected; Question. Not If Not Affected, explanation required. Present. If Not Present, explanation required. vegetation. Desirable vegetation would be dormant during the time of the Action Alternative and, therefore, the action would not impact vegetation for which the ACEC/RNA was designated. Cultural Resources Not The timing of the project would render most Affected cultural resources in the project invisible due to snow cover. The filming activity would be designed to leave no trace and ground disturbing activities are not expected. Environmental Justice The proposed action and alternatives would not (Executive Order 12898) have disproportionately high and adverse human Not health or environmental effects on minority Present populations and low-income populations as such populations do not exist within the project area. Fire Management Not Fire Management is not affected since the Affected proposed action and alternatives do not involve the use of any fire other than small campfires which are allowed under the current seasonal Industrial Fire Precaution Level and Public Use Restrictions. Fisheries Not The proposed action will not have an effect on Affected fish habitat because of the season of use. Low stream flow, frozen soil conditions, and dormant riparian vegetation will allow the proposed action to take place without affecting fisheries in the region. Flood Plains Not There are no floodplains in the project area. (Executive Order 13112) Present Forestry and Woodlands Not The proposed action and alternatives would not Present have an effect on forestry and woodlands because the permittees are not proposing to cut or damage trees or woodlands in any way. Grazing Management and Not A majority of the project area is designated cow- Rangeland Affected free wilderness. For the small area that does have grazing, when compared to the normal public activity on BLM lands, the proposal is not expected to affect livestock grazing activities on
12 Table 3-1 Affected Environment Identified Resource with Status Explanation or Issue Question Issue Question for Analysis Affected; If Affected (BOLD); Reference Applicable EA Not Chapter and Section; and State the Issue in a Affected; Question. Not If Not Affected, explanation required. Present. If Not Present, explanation required. BLM lands. Hazardous or Solid Waste Not No solid or hazardous waste would be created by Affected implementation of any of the alternatives. There are no known or disclosed sites currently in the project area. Permit Stipulations would require any waste be packed out by the permittee. Migratory Birds Not No migratory birds will be present during the (Executive Order 13186) Present time of the action and as such there would be no effect to migratory bird populations or individuals. No habitat for migratory birds would be affected in any way from this activity. Minerals Not Permit Stipulations would not allow rock Affected collecting per the mineral withdrawal that prohibits this activity; therefore, minerals are not affected. Noxious Weeds Not The proposed action activities and their timing (Executive Order 13112) Affected are not likely to spread any weeds or create disturbances to promote weed establishment or spread, however, PDEs were added to Alternative C to provide extra protection to this resource. Paleontological Resources Not No paleontological resources are present in the Present proposed project activity area. Prime or Unique Farmlands Not Not present Present Reclamation (Engineering) Not Permit stipulations would require the permit Affected holder to rehabilitate any damage done to existing roads during possible snow removal. The remainder of the proposal would not permit any surface disturbance; therefore, there would be no effect to reclamation. Realty and Lands Affected See Chapter III.B.1. Would granting the permit affect any authorized permit holders in the area? How would denying the Minimum Impact Film Permit affect the applicant? Recreation and Off Highway Not A valid assumption would be the film would
13 Table 3-1 Affected Environment Identified Resource with Status Explanation or Issue Question Issue Question for Analysis Affected; If Affected (BOLD); Reference Applicable EA Not Chapter and Section; and State the Issue in a Affected; Question. Not If Not Affected, explanation required. Present. If Not Present, explanation required. Vehicles (OHV) Affected promote recreation and in turn recreation in the area would increase; however, BLM could not measure the increase at this time. Social and Economic Values Not There could be an increase in Affected recreational/filming tourism by bringing an economic boost to local communities from the purchase of food, gas, motels, and other amenities. This increase would not be measurable. Soils and Biological Crusts Not Soils and biological soil crusts would be frozen Affected at the upper elevations and camping would be minimal impact and would not disturb/remove soils or biological soil crusts at the lower elevations. Special Status Fish Not The proposed action will have no effect on BLM Species (SSS) Affected Special Status Species or their habitat. It does and Habitat for not affect water quality or manipulate habitat in BLM any way. Wildlife Not The specified action of hiking through the Affected wilderness would not have an effect on BLM Special Status Species or their habitat as there would be no change to the habitat or harassment of individual animals. Plants Not Vegetation would be dormant at the time of the Affected Action Alternatives and would not be impacted. Threatened or Fish Not There are no listed Threatened or Endangered Endangered (T & Affected Species within the affected area. E) Species or Wildlife Not There are no listed Threatened or Endangered Habitat Affected Species or habitat within Steens Mountain Wilderness. Plants Not There are no documented T & E plant species or Present designated critical habitat. Transportation and Roads Not All vehicle travel and any potential snow Affected removal would be on existing roads and within current disturbance/construction limits. Upland Vegetation Not Vegetation would be dormant at the time of the Affected Action Alternatives and would not be impacted. Visual Resources Not Proposed action would have no effects to Visual
14 Table 3-1 Affected Environment Identified Resource with Status Explanation or Issue Question Issue Question for Analysis Affected; If Affected (BOLD); Reference Applicable EA Not Chapter and Section; and State the Issue in a Affected; Question. Not If Not Affected, explanation required. Present. If Not Present, explanation required. Affected Resources which range from Visual Resource Management (VRM) class 1–2, because there is no surface disturbance affecting the landscape mosaic. Water Quality Not The proposed action will have no impact on the (Surface and Ground) Affected water quality due to low stream flow and frozen soil conditions. Also, it does not include any removal of riparian shade species that maintain stream temperature during summer. Wetlands and Riparian Zones Not The proposed action will take place during low (Executive Order 11990) Affected stream flow, when soil is frozen and wetland/riparian vegetation is dormant. There will be no effects. Wild Horse and Burro Not Hiking and helicopter flights would have no Affected effect on wild horses as there would be no harassment of the animals because of project design element 11 under Alternative C. It is reasonable to believe that the helicopter would not harass wild horses under the other alternatives as well. Wild and Scenic Rivers Not There are no actions taking place which would (WSR) Affected disturb the bed or banks of the WSRs. Wilderness Affected See Chapter III.B.2. Would issuance of the Minimum Impact Film Permit violate the Steens Act or the Wilderness Act? Would issuance of the Minimum Impact Film Permit impact wilderness character? Lands with Wilderness Not The route of travel proposed for the project does Characteristics Affected not enter into or cross any Lands with Wilderness Characteristics. Wilderness Study Areas Not A District Wide Programmatic Commercial (WSA) Affected Filming EA was completed in 2010 with a finding of No Affect to wilderness characteristics for filming which would meet the criteria set forth for minimum impact filming, which this does. Wildlife Not None of the alternatives are expected to impact
15 Table 3-1 Affected Environment Identified Resource with Status Explanation or Issue Question Issue Question for Analysis Affected; If Affected (BOLD); Reference Applicable EA Not Chapter and Section; and State the Issue in a Affected; Question. Not If Not Affected, explanation required. Present. If Not Present, explanation required. Affected wildlife because it is reasonable to assume that the permittees would not use the helicopter to harass animals. However, as a precaution there is PDE 14 identified in Alternative C above (page 9) to ensure there will be no effect to wildlife species or their habitat. Temporary disturbance of individuals may occur but is not expected to impact the fitness of the individual and will have no effect on populations as a whole.
This chapter also details the Environmental Effects section which is the analytic basis for comparing the potential effects of enacting each of the alternatives detailed in Chapter II.
The following environmental consequences discussions describe all expected effects including direct, indirect, and cumulative on resources from enacting the proposed alternatives. Direct effects are caused by the action and occur at the same time and place. Indirect effects are caused by the action and are later in time or farther removed in distance, but are still reasonably foreseeable. Cumulative effects are those impacts resulting from the incremental impact of an action when added to other past, present, or reasonably foreseeable future actions (RFFAs) regardless of what agency or person undertakes such other actions. For example in the Environmental Consequences discussion for Lands and Realty in this EA, it is stated enactment of the Proposed Action Alternative would have no effect on other permitted uses in the area because all ROWs are open to the public, such as hikers, and hiking would not diminish their permitted uses.
RFFAs include those Federal and non-Federal activities not yet undertaken, but sufficiently likely to occur, that a Responsible Official of ordinary prudence would take such activities into account in reaching a decision. These Federal and non-Federal activities that must be taken into account in the analysis of cumulative impact include, but are not limited to, activities for which there are existing decisions, funding, or proposals identified by the bureau. RFFAs do not include those actions that are highly speculative or indefinite. The RFFA for this project area would be continued management of the Winter Recreation Program on Steens Mountain.
A. Identified Resource—Lands and Realty
1. Affected Environment—Lands and Realty
Currently the Burns District BLM office receives up to three minimum impact film permit applications each year. These film permits are typically issued in
16 areas other than wilderness. In 2010, Burns District completed a Minimum Impact Film EA to allow minimum impact commercial filming within special areas in Burns District, to include WSAs, Areas of Critical Environmental Concern (ACECs), and Research Natural Areas (RNAs).
There are approximately seven ROWs in the film permit area from Alvord Desert Seeding to Page Springs Campground. Six of these ROWs are in use and the remaining ROW for the North Steens Transmission Line would not be constructed during the four permitted filming days in December 2015. BLM is required to notify grant holders if an applicant applies for a grant on land subject to, or near or adjacent to the subject grant, however, these regulations do not apply to minimum impact permits due to the short-term, non-possessory nature of these permits and the grant holders would not be notified (43 Code of Federal Regulations (CFR) 2807.14).
Steens Mountain Wilderness is withdrawn from location, entry, and patent under the mining laws and the operation of mineral or geothermal leasing (PL 106-399) and there are no valid mining claims in the area of the permit.
2. Environmental Consequences—Lands and Realty Cumulative Effects Analysis Area (CEAA) for Lands and Realty is geographically along the route identified by the hiking team with a buffer of approximately a mile in each direction of the route. Temporally the boundary for Lands and Realty would be the four days the hikers would be permitted to film.
The RFFA of continued management of the BLM Burns District Winter Recreation Program would not affect Lands and Realty because the current ROWs do not restrict public access and recreation is allowed within existing ROWs; further public access does not diminish the rights of ROW holders. There are no conflicts between the film permit and with existing third party rights and no conflicts with the Winter Recreation Program as a result of the proposed action or any alternative. The environmental impacts from the filming and hiking activities being conducted are not measurable.
Would granting the commercial film permit affect any permitted uses in the area? How would denying the Minimum Impact Film Permit affect the applicant?
Alternative A—No Action
Under Alternative A—No Action, BLM would deny Renegade 83’s film permit application; there would be no impact on any permitted uses in the area. According to FLPMA section 206 the public has a right to apply for permits on public land and the BLM has to provide a valid reason to deny
17 such permits. If the BLM denies the permit application submitted by the applicant, the applicant may not be able to fulfill his obligation to the Discovery Channel.
Alternative B—Proposed Action (Renegade 83’s Proposal)
Under Alternative B—Proposed Action (Renegade 83’s Proposal), BLM would grant the commercial film permit as described in Chapter II. There would be no impact on any permitted uses in the area because the activities allowed under the commercial film permit would otherwise be allowed under casual use (e.g. a group of three hikers filming themselves in Steens Wilderness would not require a film permit since this is considered casual use of public lands). Therefore, there are no effects to any permitted uses in the area.
Alternative C—Proposed Action with Terms and Conditions
Impacts from Alternative C—Proposed Action with Additional Project Design Elements would be identical to those under Alternative B described above.
B. Identified Resource—Wilderness
1. Affected Environment - Wilderness Some of the most unique attributes of Steens Mountain Wilderness are the scenic vistas and spectacular geology. Visitors can experience a diversity of habitats where above the tree line, severe climate and thin soils result in a belt of grasses, low-growing plants, and stunted, wind-formed shrubs. At the base of the mountain where water is scarce, sagebrush is common. Stands of quaking aspen can be seen along inviting streams. Mountain mahogany occupies the drier ridge tops. Observant visitors may also catch glimpses of large raptors such as golden eagles, mammals such as the pronghorn antelope, and spectacular geology. Other unique features of Steens Mountain Wilderness and the 12 designated Wild Rivers in the wilderness are described below.
Steens Mountain Wilderness offers outstanding scenery because of the diverse landforms and vegetation. Much of the scenery is the result of glacial action. Kiger, Little Blitzen, and Big Indian gorges are classic “U”-shaped glacial canyons with cirques. Glacial lakes are found in Wildhorse Canyon. The east side of the wilderness includes a 5,000-foot fault scarp. The progression from the lower sagebrush/bunchgrass community to the upper subalpine zone gives depth and variety to the landscape. Streams are lined by dense growths of willow, cottonwoods, alders, and other water-dependent vegetation. Many of the canyon bottoms and hillsides are covered with aspens, which turn spectacular shades of red, yellow, and orange in the fall.
18 Steens Mountain is a classic example of Basin and Range topography, with the steep east face the result of faulting. The 9,700-feet elevation of Steens Mountain allowed alpine glaciers to form less than one million years ago. The major rivers and streams flow through glacially-carved canyons. These canyons are as much as 2,000 feet deep and expose layers of Steen’s basalt. Other glacial features include moraines, striations, and erratics.
Recreation opportunities in Steens Mountain Wilderness include fishing, hunting, hiking, horseback riding, photography, wildlife, and scenic viewing. The wilderness is very natural and offers visitors many areas to experience solitude in a primitive setting. The wilderness provides a rare two to four-day backpack trip or horseback experience for individuals with moderate skill levels, but most visitors do not stay overnight. Most use currently occurs in Little Blitzen and Big Indian gorges, along the Donner und Blitzen River upstream from Page Springs Campground, at Wildhorse Lake, and at Pike Creek.
2. Environmental Consequences—Wilderness
Cumulative Effects Analysis Area (CEAA) for Wilderness is geographically along the route identified by the hiking team with a buffer of approximately a mile in each direction of the route. Temporally the boundary for Wilderness would be the four days the hikers are permitted to film.
The RFFA of continued management of the BLM Burns District Winter Recreation Program would not affect it because winter recreation permits are issued by the BLM for activities such as over-the-snow machine use up to the Turkey Foot intersection using the existing Steens Mountain Road. Cross country skiing and snowshoeing are also popular winter activities. BLM issued 12 Winter Recreation Permits in 2013/2014 and the average annual quantity seems to be in the 11–15 range (averaging over five years). Promotion of this recreation activity through the Discovery Channel may prompt additional requests for winter recreation permits from the interested public.
Would issuance of the Minimum Impact Film Permit violate the Steens Act or the Wilderness Act? Would issuance of the Minimum Impact Film Permit impact wilderness character?
Commercial enterprises are prohibited in wilderness areas, except for valid existing rights and as otherwise provided for in Section 4(d) of the Wilderness Act. Section 4(d)(6) allows those commercial services necessary for activities that are proper for realizing the recreational or other wilderness purposes of the areas. Commercial services are allowed to the extent necessary for realizing these wilderness purposes. Commercial filming—the use of motion picture, videotaping, sound
19 recording, or other moving image or audio recording equipment for commercial purposes—is considered a commercial service and is not permitted in wilderness unless it is necessary for realizing the recreational or other wilderness purposes of the area. Any permitted commercial service also must not otherwise utilize a prohibited use. Allowable examples could include a film that explains the importance of preserving the wilderness resource, describes the primitive recreational opportunities of the wilderness, describes the scenic beauty of the resource, or analyzes the educational and scientific value of the wilderness.
Alternative A—No Action
Under the No Action Alternative, BLM would deny Renegade 83’s request for a film permit. Therefore, there would be no effects to wilderness characteristics and no human interaction with wilderness from filming activities
Alternative B—Proposed Action (Renegade 83’s Proposal)
Untrammeled: There are no activities under this alternative seeking to control or manipulate the ecological conditions of the wilderness; therefore, there would be no effect to the untrammeled character of the wilderness.
Undeveloped: There are no activities under this alternative affecting the undeveloped character of the wilderness. In addition, there are no installations or developments and no motorized or mechanized transport.
Naturalness: Naturalness would not be affected by hikers walking through the wilderness. Any surface disturbances created by the hikers as they walk, climb, or camp would be similar in nature to surface disturbances created by wildlife. Use of handheld cameras to document the trip would not affect naturalness because of their small size and unobtrusive use, as they would normally be worn by the hikers as an attachment to their hardhats while climbing or their clothing while walking. Small electronic devices would be similar to those normally carried by visitors such as cameras or cell phones. Go-Pro cameras fall into this category of small handheld electronic devices - non-motorized and no force applied.
Outstanding Opportunities for Solitude, or a Primitive and Unconfined Type of Recreation: Hikers walking through the wilderness, testing themselves against nature, enhance the wilderness characteristic of outstanding opportunities for a primitive and unconfined type of recreation. The hikers would choose their own route and endure the hardships that come with testing one’s skills against nature’s elements.
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Filming their activities as they travel would have no effect on solitude or primitive and unconfined types of recreation. The use of handheld personal electronic devices, such as a cell phone or camera, has no effect on wilderness values because they are not motorized equipment and no force is being applied.
Supply caches left for the hikers on routes open to motorized traffic would have no affect to wilderness character because the routes are not in wilderness; the routes are bounded on both sides by wilderness.
Helicopter use to capture aerial images and video of the hikers while they are en route would disturb solitude for other recreationists with its sound during the overflights. The diminishment of solitude would occur for one to five hours over the course of the three to four-day period the event would last.
Other Unique Features of Value: There are many unique features of value in Steens Mountain Wilderness, such as the No Livestock Grazing Area, Redband Trout Reserve, and the Gorges. However, the activities of three hikers videoing themselves hiking over the landscape using handheld instruments to record the event, as well as a helicopter to capture aerial video, would not affect any of those unique features. Hiking is a permitted activity in the wilderness, and the airspace above the wilderness is available to the public at all times.
Alternative C—Proposed Action with Terms and Conditions
The effects in Alternative C are the same as the effects in Alternative B, the Proposed Action.
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Winter Scene over the Steens Summit
IV. CONSULTATION AND COORDINATION
The issue identification section of Chapter I ascertained those issues analyzed in detail in Chapter III. The Affected Environment Table 3-1 provides the rationale for issues that were considered but not analyzed further. The issues were identified through the public and agency involvement process described in sections 4.2 and 4.3 following.
Table 4-1 Tribes, Individuals, Organizations, or Agencies Consulted Name Purpose & Authorities Findings & Conclusions for Consultation or Coordination Harney County Planning Consult with the Planning No additional permitting required Department Department to ensure compliance with local zoning Harney County Sheriff’s Consult with the Sheriff’s Wanted to ensure the permittee Department department as the agency was covered in the event a search with special expertise on and rescue mission was required
22 search and rescue and public safety. Oregon Department of Consult with ODFW as Film permit should follow the Fish and Wildlife the agency with the same protocol for Big Horn expertise on game species Sheep as they would with horse gathers.
Summary of Public Participation
The public was notified of the proposed action by a posting on November 12, 2014, in the Burns Hines Herald and a posting on the BLM Oregon/Washington, Burns District, Internet Homepage on November 12, 2014.
A Notice of Availability was sent to the following individuals:
Burns Paiute Tribe McDermitt Paiute Tribe Harney County Court Renegade 83 Wilderness Mailing List Wilderness Study Area Mailing List Oregon Natural Desert Association (Bend) Oregon Natural Desert Association (Portland) Oregon Department of Fish and Wildlife Mann Lake Ranch Southeast Oregon Resource Advisory Council Steens Mountain Advisory Council
A public comment period is being offered between November 12, 2014, and December 12, 2014.
Table 4-2 List of Preparers Name Title Responsible for the Following Section(s) of Degree or this Document Certification Years of Experience Jared Lemos Fisheries and Flood Plains, SSS-Fish, T&E-Fish, Water Riparian Specialist; Quality B.S. in Natural Resources; 1 year Caryn Burri Natural Resource Vegetation, Soils, BSCs, SSS-Plants, T&E- Specialist; B.S. in Plants, Prime Farmlands Natural Resources; 5 years
23 Andrew Daniels Biologist; B.S. in SSS-Animals T&E-Animals, Migratory Birds, Field Biology; 15 Wildlife years Holly Orr Planning & Environmental Justice (Executive Order Environmental 12898), Social and Economic Values Coordinator; B.S. in Business Administration; 2 years Tom Wilcox Outdoor Recreation Wilderness, WSRs and WSAs, Recreation, Planner Visual Resources Lisa Grant Wild Horse & Burro Wild Horse and Burro Specialist; B.S. in Agriculture - Wildland and Range Science; 2 years. Rick D. Wells Geologist; B.S. in Minerals Geology; 4 years Scott Thomas Archaeologist; B.S. Cultural Resources Zoology, M.A. in Anthropology; 29 years Connie Pettyjohn Management & Transportation and Roads Program Analyst, Engineering; Agriculture Business Management AA; 22 years BLM, 8 years roads Tara McLain Realty Specialist; Lands and Realty B.A. in Interdisciplinary Writing and Rhetoric; 5 years. Lesley Richman District Weed Noxious Weeds Coordinator; M.S in Rangeland Management; 31 years Joe Toelle Civil Engineer Reclamation Technician; B.S. in Mechanical Engineering; 5 years
24 Chad Rott Fuels Management Air Quality, Fire Management Specialist; Biological Sciences for Federal Land Managers; 21 years Jon Reponen Supervisory Forestry and Woodlands Forester; B.S. in Natural Resource Management; 24 years
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UNITED STATES DEPARTMENT OF THE INTERIOR Bureau of Land Management Burns District Office Andrews/Steens Resource Area Finding of No Significant Impact
Alvord Desert Seeding, Mann Lake, and Steens Mountain Wilderness Film Permit Environmental Assessment DOI-BLM-OR-B070-2015-0002-EA
INTRODUCTION
The Andrews/Steens Resource Area, Burns District, has prepared an Environmental Assessment (EA) to analyze commercial filming in the Alvord Desert Seeding, Mann Lake, and the Steens Mountain Wilderness. Renegade 83 submitted a film permit application to the Bureau of Land Management (BLM) on October 8, 2014. The purpose for the action is to consider a request from Renegade 83 to film on public land with the Andrews Management Unit (AMU)/Steens Mountain Cooperative Management Protection Area (CMPA) (Andrews/Steens) Resource Area. The need for the action is established by the BLM’s responsibility under the Federal Land Policy and Management Act (FLPMA) to respond to a request for a permit.
SUMMARY OF THE PROPOSED ACTION
Three hikers and a crew of an additional three individuals will travel through the identified areas hiking and camping over the course of three to four days. Filming will be conducted using small hand held cameras. A helicopter flying over the hikers while they are hiking will capture aerial images of the area and the hikers themselves. The hikers and the film will highlight:
history of the people indigenous to the area; wild and scenic river resources; unique wildlife in the area, including native and non-native plant and animal species; and unique geology in the area.
FINDING OF NO SIGNIFICANT IMPACT
Consideration of the Council on Environmental Quality (CEQ) criteria for significance (40 CFR 1508.27), both with regard to context and intensity of impacts, is described below:
Context
The Proposed Action would occur in the Alvord Desert Seeding, Mann Lake, and the Steens Mountain Wilderness and would have local impacts on affected interests, lands, and resources similar to and within the scope of those described and considered in the AMU/Steens Mountain
CMPA Proposed Resource Management Plans (RMPs)/Final Environmental Impact Statements (FEISs), August 2004. There would be no substantial broad societal or regional impacts not previously considered in the PRMPs/FEISs. The actions described represent anticipated program adjustments complying with the AMU/Steens CMPA RMP/Record of Decision (ROD), August 2005, and implementing Lands and Realty and Wilderness management programs within the scope and context of this document.
Intensity
The CEQ's ten considerations for evaluating intensity (severity of effect):
1. Impacts that may be both beneficial and adverse. The EA considered potential beneficial and adverse effects. Project Design Elements (PDEs) (Terms and Conditions) were incorporated to reduce impacts to resources such as Wild Horses, Big Horn Sheep, Weeds and Transportation. None of the effects are beyond the range of effects analyzed in the AMU/Steens CMPA PRMP/FEIS, August 2004, to which the EA is tiered. The EA is also tiered to the Minimum Impact Commercial Filming on Bureau of Land Management-Managed Lands in Harney County, Oregon within Outstanding Natural Areas, Research Natural Areas, Areas of Critical Environmental Concern, Special Recreation Management Areas, Wilderness Study Areas, the Steens Mountain Cooperative Management and Protection Area, and the Roads bounded by Steens Wilderness which was signed in 2010, for minimum impact filming in all specials areas on the District, including Wilderness Study Areas (WSAs). There is no effect to the majority of resources from the Proposed Action, the No Action, or the Alternative. Wilderness would have short term impacts to solitude from the low level flying of the helicopter that will be filming the hikers and the wilderness only for the 3-4 day duration of the permit. Features that may be beneficial are the promotion of and education about primitive forms of recreation in the Wilderness. There would be no impacts to Lands and Realty due to the short-term, non-possessory interest of minimum impact permits.
2. Degree to which the Proposed Action affects public health and safety. No aspect of the Proposed Action, No Action, or the Alternative would have an effect on public health and safety. The project itself and its proposed PDEs (terms and conditions) are minimal in nature and pose no threat to the public because the activity would otherwise be casual use if it were not for the commercial aspect of the film. The activities occurring during filming, i.e., hiking and camping, can occur in these areas at any time without a permit. In addition, the applicant and film crew have a safety plan in place (as described in the EA) to ensure their own personal safety.
3. Unique characteristics of the geographic area such as proximity to historic or cultural resources, park lands, prime farmlands, wetlands, wild and scenic rivers, or ecologically critical areas. Other unique characteristics for the Alvord Desert Seeding, Mann Lake, and the Steens Mountain Wilderness include outstanding vistas, unique and diverse habitats, and recreation opportunities with solitude and naturalness. These areas and recreation opportunities are described in detail in the Wilderness section of Chapter 3 of the EA.
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4. The degree to which effects on the quality of the human environment are likely to be highly controversial. Controversy in this context means disagreement about the nature of the effects, not expressions of opposition to the proposed action or preference among the alternatives. No unique or appreciable scientific controversy has been identified regarding the effects of the Proposed Action, the No Action, or the Alternative. The film is intended to promote wilderness recreation and educate the viewers about safety during these activities; this kind of commercial filming is specifically allowed in the Wilderness Act. In addition, actions similar to these were analyzed on the BLM Burns District on the Minimum Impact Film EA, 2010, to which this EA is tiered. That EA analyzed similar actions in WSAs and other special areas and no comments were received from the public.
5. Degree to which possible effects on the human environment are highly uncertain or involve unique or unknown risks. The analysis has not shown there would be any unique or unknown risks to the human environment nor were any identified in the AMU/Steens CMPA PRMP/FEIS, August 2004, or the Minimum Impact Commercial Filming on Bureau of Land Management-Managed Lands in Harney County, Oregon within Outstanding Natural Areas, Research Natural Areas, Areas of Critical Environmental Concern, Special Recreation Management Areas, Wilderness Study Areas, the Steens Mountain Cooperative Management and Protection Area, and the Roads bounded by Steens Wilderness, 2010, to which this proposal is tiered. The risks are neither unique nor unknown as filming, hiking, and camping are all normal activities which occur on a regular basis in the area.
6. Degree to which the action may establish a precedent for future actions with significant impacts or represents a decision in principle about a future consideration. This project neither establishes a precedent nor represents a decision in principle about future actions. The BLM is responding to a specific application, as required by Section 206 of the Federal Land Policy and Management Act (FLMPA), with its own site specific NEPA. Any future similar requests will be responded to as they are submitted and will be required to go through their own process as it relates to NEPA and will require additional decisions.
7. Whether the action is related to other actions with individually insignificant but cumulatively significant impacts. The environmental analysis did not reveal any cumulative effects beyond those already analyzed in the AMU/Steens PRMP/FEIS, August 2004, which encompasses the Alvord Desert Seeding, Mann Lake, and Steens Mountain Wilderness. The cumulative effects considered how the Winter Recreation Program would affect Wilderness and Lands and Realty. However, since there were determined to be no impacts to Lands and Realty and short term effects to solitude in Wilderness there could be no measurable cumulative effects. (a description on the short term effects to solitude can be found in the Wilderness section in Chapter 3 of the EA)
8. Degree to which the action may adversely affect districts, sites, highways, structures or objects listed in or eligible for listing in the National Register of Historic Places. There are features within the project area listed or eligible for listing in the National Register of
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Historic Places. However, no part of the Proposed action or Alternative includes any surface disturbing activities so any sites eligible for listing would not be affected at all.
9. The degree to which the action may adversely affect an endangered or threatened species or its habitat. There are no known threatened or endangered species or their habitat affected by the Proposed Action, the No Action, or the Alternative.
10. Whether an action threatens a violation of Federal, State, or local law or requirements imposed for the protection of the environment. The Proposed Action, the No Action and the Alternative do not threaten to violate any law. Commercial filming is prohibited in the Wilderness unless the film promotes wilderness and/or wilderness values and the activity being filmed is an activity normally allowed in the Wilderness. The Proposed Action and Alternatives meet this exception and therefore, do not violate any law. The Proposed Action is in compliance with the AMU/Steens CMPA RMP, which provides direction for the protection of the environment on public lands.
On the basis of the information contained in the EA and all other information available to me, it is my determination that: 1) The implementation of the Proposed Action, the No Action or the Alternative will not have significant environmental impacts beyond those already addressed in the AMU/Steens CMAP PRMP/FEIS, August 2004; 2) The Proposed Action, the No Action and the Alternative are in conformance with the AMU/Steens RMP/ROD, August 2005; 3) There would be no adverse societal or regional impacts and no adverse impacts to affected interests; and 4) The environmental effects, together with the proposed Terms and Conditions, against the tests of significance found at 40 CFR 1508.27 do not constitute a major Federal action having a significant effect on the human environment. Therefore, an EIS is not necessary and will not be prepared.
Rhonda Karges Date Andrews/Steens Resource Area Field Manager, Burns
TMCLAIN:ak 11/12/2014:LANDSAND
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T30S-R31E T30S-R32E T30S-R33E T30S-R34E T30S-R35E T30S-R 36E
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T31S-R32.75E T31S-R32.5E T31S-R32E T31S-R33E The hikers will come out at either Page Springs Campground of T31S-R35E South Steens Campground approximately 3-4 days later. T31S-R34E Overnight Location a supply cache will also T32S-R32.75E T32S-R33E be stored here !
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T34S-R32E T34S-R32.5E A supply cache will be stored near Second night somewhere in this vicinity South Steens Campground a supply cache will be stored near the summit T34S-R32.75E T34S-R33E T34S-R34E T34S-R35E
T35S-R32E T35S-R32.5E T35S-R32.75E 8 T35S-R33E T35S-R34E T35S-R35E
OR-68253 Proposed Film Permit Route Map gives a general idea of hiking route, hikers may not be in this exact location BLM Wilderness Study Area ! Representation of Steens Mtn Wilderness general hiking route Pendleton Bureau of Land Management Portland The Dalles " " " U.S. Fish and Wildlife Service US DEPARTMENT OF THE INTERIOR Salem Bureau of Land Management State " Burns District, Oregon Private/Unknown John Day " Note: No warranty is made by the Bureau of Land Management Non-Paved Improved Road Eugene Bend Vale as to the accuracy, reliability or completeness of these data " " " " for individual or aggregate use with other data. Original data was Burns Ontario " Crane compiled from various sources. This information may not meet 0 1.25 2.5 5 Miles " National Map Accuracy Standards. This product was developed through digital means and may be updated without notification. O R E G O N workarea/tlmclain/OR-68253.mxd, 10/17/2014
**Ownership Boundaries are accurate within plus or minus 200 feet** ARTHUR CARHART NATIONAL WILDERNESS TRAINING CENTER MINIMUM REQUIREMENTS DECISION GUIDE WORKBOOK
"…except as necessary to meet minimum requirements for the administration of the area for the purpose of this Act…" -- The Wilderness Act of 1964
Project Title: Commercial Filming in the Wilderness
MRDG Step 1: Determination Determine if Administrative Action is Necessary
Description of the Situation What is the situation that may prompt administrative action?
BLM has received a request from the public to allow the filming of a Discovery channel segment titled "Matt on the Run". Three individuals would begin in the Alvord Desert which lies east of the Steens Mountain Wilderness. They would hike to Mann Lake where they would enter the wilderness boundary as they hike from there to the top of the east face of the Steens. They would continue their hike down the rim of the East Face to Big Indian Gorge. The group would climb down the Gorge wall to the bottom of the Gorge and follow the Big Indian WSR to the confluence of the South Fork of the Donner und Blitzen WSR. They would then continue along the Donner und Blitzen WSR to where it exits the Wilderness at Page Springs Campground. The entire trip would take approximately 4 days. The hikers would wear Go-Pro cameras to capture the footage. A helicopter would do fly-overs to get aerial video and images. There would be no landing of aircraft in the wilderness. Supply caches would be left on Steens Mountain road.
MRDG Step 1: Determination Page 1 of 6 Options Outside of Wilderness Can action be taken outside of wilderness that adequately addresses the situation?
YES
NO EXPLAIN & COMPLETE STEP 1 OF THE MRDG
Explain: The video footage captured by the hikers is meant to promote the recreational values of the Steens Mountain Wilderness. The intent is to show the scenic and recreational opportunities available in the wilderness and specifially the Steens Mountain Wilderness, hence there are no options outside of the Steens Wilderness where these values can be shown in their natural setting.
Criteria for Determining Necessity Is action necessary to meet any of the criteria below?
A. Valid Existing Rights or Special Provisions of Wilderness Legislation Is action necessary to satisfy valid existing rights or a special provision in wilderness legislation (the Wilderness Act of 1964 or subsequent wilderness laws) that requires action? Cite law and section.
YES NO Explain: There are no special provisions in existing legislation that require BLM to allow commercial filming in the wilderness, however The Wilderness Act of 1964 in Section 4 on the use of wilderness areas states the following: (b) Except as otherwise provided in this Act, each agency administering any area designated as wilderness shall be responsible for preserving the wilderness character of the area and shall so administer such area for such other purposes for which it may have been established as also to preserve its wilderness character. Except as otherwise provided in this Act, wilderness areas shall be devoted to the public purposes of recreational, scenic, scientific, educational, conservation, and historical use. PROHIBITION OF CERTAIN USES (c) Except as specifically provided for in this Act, and subject to existing private rights, there shall be no commercial enterprise and no permanent road within any wilderness area designated by this Act and, except as necessary to meet minimum requirements for the administration of the area for the purpose of this Act. Filming recreational activities that support wilderness values and which do not affect wilderness character appear to satisfy the intent of the act.
MRDG Step 1: Determination Page 2 of 6 B. Requirements of Other Legislation Is action necessary to meet the requirements of other federal laws ? Cite law and section.
YES NO Explain: The Steens Act of 2000 in section 102 Purpose and Objectives of Cooperative Management and Protection Area which the wilderness is located within, states as Objective (2): to promote grazing, recreation, historic and other uses that are sustainable. Objective (5): to promote and foster cooperation, communication, and understanding and to reduce conflict between Steens Mountain users and interests.
C. Wilderness Character Is action necessary to preserve one or more of the qualities of wilderness character including: Untrammeled, Undeveloped, Natural, Outstanding Opportunities for Solitude or Primitive and Unconfined Recreation, or Other Features of Value?
UNTRAMMELED
YES NO Explain: No action is nescessary to preserve the untrammeled character of the wilderness because there are no actions which affect it.
MRDG Step 1: Determination Page 3 of 6 UNDEVELOPED
YES NO Explain: The undeveloped character of the wilderness is not at risk and no action is nescessary.
NATURAL
YES NO Explain: Naturalness in the wilderness is not being affected and no action is nescessary.
MRDG Step 1: Determination Page 4 of 6 SOLITUDE OR PRIMITIVE & UNCONFINED RECREATION
YES NO Explain: No action is nescessary to preserve solitude or a primitive type of recreation as they are not being affected by any existing actions.
OTHER FEATURES OF VALUE
YES NO Explain: There are no actions taking place that require commercial activitys to happen.
MRDG Step 1: Determination Page 5 of 6 Step 1 Determination Is administrative action necessary in wilderness?
Decision Criteria Summary Responses A. Existing Rights or Special Provisions Action IS NOT necessary to meet this criterion. B. Requirements of Other Legislation Action IS necessary to meet this criterion. C. Wilderness Character Untrammeled Action IS NOT necessary to meet this criterion. Undeveloped Action IS NOT necessary to meet this criterion. Natural Action IS NOT necessary to meet this criterion. Outstanding Opportunities Action IS NOT necessary to meet this criterion. Other Features of Value Action IS NOT necessary to meet this criterion.
Is administrative action necessary in wilderness?
EXPLAIN & PROCEED TO STEP 2 OF THE MRDG YES
NO
Explain: Action is necessary in wilderness because the area they hope to highlight in their video is a wilderness area.
Commercial filming is a prohibited activity in the wilderness, however, actions which promote wilderness values or wilderness activities can be considered and evaluated for their contribution to the purposes for which wilderness was created. This MRDG examines the impacts to wilderness values which may occur should BLM grant permission to film under the authority of 43 CFR 2920 as a Special Use Permit (SUP).
MRDG Step 1: Determination Page 6 of 6 Project Title: Commercial Filming in the Wilderness
MRDG Step 2 Determine the Minimum Activity
Other Direction Is there "special provisions" language in legislation (or other Congressional direction) that explicitly allows consideration of a use otherwise prohibited by Section 4(c)? AND/OR Has the issue been addressed in agency policy, management plans, species recovery plans, or agreements with other agencies or partners?
YES DESCRIBE OTHER DIRECTION BELOW
NO
Describe Other Direction: The Wilderness Act (Section 4(d)(6)) states, “Commercial services may be performed within the wilderness areas designated by this Act to the extent necessary for activities that are proper for realizing the recreational or other wilderness purposes of the areas.”
The Steens Mountain Cooperative Management and Protection Area Record of Decision and Resource Management Plan dated August 2005 states the following goals and objectives:
Goal 3 - Manage nonconforming uses of Steens Mountain Wilderness, allowed under the Wilderness Act and the Steens Act, to have the minimum effect on wilderness values.
Objective 2. Provide for the level and type of commercial services necessary to enable the public to use, access, enjoy and understand the recreational and other values of wilderness, emphasizing opportunities for primitive and unconfined types of recreation, inspiration, and solitude.
MRDG Step 2 1 of 2 Time Constraints What, if any, are the time constraints that may affect the action?
Time constraints provided by the proponent of the action are based upon production schedules of the network funding the filming. The timing of the event is based upon the desire to be in the wilderness during the winter months.
Components of the Action What are the discrete components or phases of the action?
Component X Example: Transportation of personnel to the project site
Component 1 Personnel would walk into and through the wilderness
Component 2 Personnel would film their activitys using handheld Go-Pro cameras
Component 3 Supply caches would be left for the hikers on roads open to public use
Helicopter overflights would capture footage of the hikers. No landing would take Component 4 place.
Component 5
Component 6
Component 7
Component 8
Component 9
Proceed to the alternatives. Refer to the MRDG Instructions regarding alternatives and the effects to each of the comparison criteria.
MRDG Step 2 2 of 2 Project Title: Commercial Filming in the Wilderness
MRDG Step 2: Alternatives
Alternative 1: No Action - No commercial film permit issued
Description of the Alternative What are the details of this alternative? When, where, and how will the action occur? What mitigation measures will be taken?
In this alternative no commercial filming permit would be issued.
MRDG Step 2: Alternative 1 1 of 11 Component Activities How will each of the components of the action be performed under this alternative?
Component of the Action Activity for this Alternative
X Example: Transportation of personnel to the project site Example: Personnel will travel by horseback
1 Personnel would walk into and through the wilderness No personnel would hike into the wilderness
2 Personnel would film their activitys using handheld Go-Pro cameras No commercial filming would take place in the wilderness
3 Supply caches would be left for the hikers on roads open to public use No supplies caches would be needed
Helicopter overflights would capture footage of the hikers. No landing 4 No helicopters would use the airspace over the wilderness would take place.
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MRDG Step 2: Alternative 1 2 of 11 Wilderness Character What is the effect of each component activity on the qualities of wilderness character? What mitigation measures will be taken?
UNTRAMMELED Component Activity for this Alternative Positive Negative No Effect X Example: Personnel will travel by horseback 1 No personnel would hike into the wilderness 2 No commercial filming would take place in the wilderness 3 No supplies caches would be needed 4 No helicopters would use the airspace over the wilderness 5 6 7 8 9 Totals 0 0 NE Untrammeled Total Rating 0
Explain: There would be no affect to the untrammeled character of the wilderness because there would be no actions taking place.
MRDG Step 2: Alternative 1 3 of 11 UNDEVELOPED Component Activity for this Alternative Positive Negative No Effect X Example: Personnel will travel by horseback 1 No personnel would hike into the wilderness 2 No commercial filming would take place in the wilderness 3 No supplies caches would be needed 4 No helicopters would use the airspace over the wilderness 5 6 7 8 9 Totals 0 0 NE Undeveloped Total Rating 0
Explain: The undeveloped character of the wilderness would remain in its undeveloped condition because there would be no action that would change that.
MRDG Step 2: Alternative 1 4 of 11 NATURAL Component Activity for this Alternative Positive Negative No Effect X Example: Personnel will travel by horseback 1 No personnel would hike into the wilderness 2 No commercial filming would take place in the wilderness 3 No supplies caches would be needed 4 No helicopters would use the airspace over the wilderness 5 6 7 8 9 Totals 0 0 NE Natural Total Rating 0
Explain: The naturalness of the wilderness would not be affected because there are no actions taking place.
MRDG Step 2: Alternative 1 5 of 11 SOLITUDE OR PRIMITIVE & UNCONFINED RECREATION Component Activity for this Alternative Positive Negative No Effect X Example: Personnel will travel by horseback 1 No personnel would hike into the wilderness 2 No commercial filming would take place in the wilderness 3 No supplies caches would be needed 4 No helicopters would use the airspace over the wilderness 5 6 7 8 9 Totals 0 0 NE Solitude or Primitive & Unconfined Recreation Total Rating 0
Explain: There would be no affect to Solitude or primitive and unconfined types of recreation because there would be no change to existing conditions in the wilderness.
MRDG Step 2: Alternative 1 6 of 11 OTHER FEATURES OF VALUE Component Activity for this Alternative Positive Negative No Effect X Example: Personnel will travel by horseback 1 No personnel would hike into the wilderness 2 No commercial filming would take place in the wilderness 3 No supplies caches would be needed 4 No helicopters would use the airspace over the wilderness 5 6 7 8 9 Totals 0 0 NE Other Features of Value Total Rating 0
Explain: There would be no affects to other features of the wilderness because there would be no actions taking place that would either diminish or enhance the wilderness values.
MRDG Step 2: Alternative 1 7 of 11 Traditional Skills What is the effect of each component activity on traditional skills?
TRADITIONAL SKILLS Component Activity for this Alternative Positive Negative No Effect X Example: Personnel will travel by horseback 1 No personnel would hike into the wilderness 2 No commercial filming would take place in the wilderness 3 No supplies caches would be needed 4 No helicopters would use the airspace over the wilderness 5 6 7 8 9 Totals 0 0 NE Traditional Skills Total Rating 0
Explain: There are no activities associated with this alternative that would enhance or diminish traditional skills.
MRDG Step 2: Alternative 1 8 of 11 Economics What is estimated cost of each component activity?
COST Component Activity for this Alternative Estimated Cost X Example: Personnel will travel by horseback $1,900 1 No personnel would hike into the wilderness 2 No commercial filming would take place in the wilderness $0 3 No supplies caches would be needed 4 No helicopters would use the airspace over the wilderness 5 6 7 8 9 Total Estimated Cost $0
Explain: There would be no costs, or revenue associated with this alternative because there are no actions taking place.
MRDG Step 2: Alternative 1 9 of 11 Safety of Visitors & Workers What is the risk of this alternative to the safety of visitors and workers? What mitigation measures will be taken?
RISK ASSESSMENT Probability of Accident Severity of Accident Frequent Likely Common Unlikely Rare Catastrophic: Death or permanent disability Critical: Permanent partial disability or temporary total disability Marginal: Compensable injury or illness, treatment, lost work Negligible: Superficial injury or illness, first aid only, no lost work Risk Assessment
Explain: No safety concerns have been associated with this alternative.
MRDG Step 2: Alternative 1 10 of 11 Summary Ratings for Alternative 1
Wilderness Character Untrammeled 0 Undeveloped 0 Natural 0 Solitude or Primitive & Unconfined Recreation 0 Other Features of Value 0 Wilderness Character Summary Rating 0
Traditional Skills Traditional Skills 0
Economics Cost $0
Safety of Visitors & Workers Risk Assessment
MRDG Step 2: Alternative 1 11 of 11 Project Title: Commercial Filming in the Wilderness
MRDG Step 2: Alternatives
Alternative 2: Film permit would be issued
Description of the Alternative What are the details of this alternative? When, where, and how will the action occur? What mitigation measures will be taken?
In this alternative a commercial filming permit would be issued and the hikers would document their trip.
MRDG Step 2: Alternative 2 1 of 11 Component Activities How will each of the components of the action be performed under this alternative?
Component of the Action Activity for this Alternative
X Example: Transportation of personnel to the project site Example: Personnel will travel by horseback
1 Personnel would walk into and through the wilderness Personnel would walk into and through the wilderness
Personnel would film their activities using handheld Go-Pro 2 Personnel would film their activitys using handheld Go-Pro cameras cameras Supply caches would be left for the hikers on roads open to 3 Supply caches would be left for the hikers on roads open to public use public use in the wilderness Helicopter overflights would capture footage of the hikers. No landing Helicopter overflights would capture footage of the hikers. 4 would take place. No landing would take place in wilderness
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MRDG Step 2: Alternative 2 2 of 11 Wilderness Character What is the effect of each component activity on the qualities of wilderness character? What mitigation measures will be taken?
UNTRAMMELED Component Activity for this Alternative Positive Negative No Effect X Example: Personnel will travel by horseback 1 Personnel would walk into and through the wilderness 2 Personnel would film their activities using handheld Go-Pro cameras 3 Supply caches would be left for the hikers on roads open to public use in the wilderness 4 Helicopter overflights would capture footage of the hikers. No landing would take place in wilder 5 6 7 8 9 Totals 0 0 NE Untrammeled Total Rating 0
Explain: There are no activities in this alternative which seek to control or manipulate the ecological conditions of the wilderness, therefore there would be no affect to the untrammeled character of the wilderness.
MRDG Step 2: Alternative 2 3 of 11 UNDEVELOPED Component Activity for this Alternative Positive Negative No Effect X Example: Personnel will travel by horseback 1 Personnel would walk into and through the wilderness 2 Personnel would film their activities using handheld Go-Pro cameras 3 Supply caches would be left for the hikers on roads open to public use in the wilderness 4 Helicopter overflights would capture footage of the hikers. No landing would take place in wilder 5 6 7 8 9 Totals 0 0 NE Undeveloped Total Rating 0
Explain: There are no activities in this alternative that would affect the undeveloped character of the wilderness. There are no installations or developments, no motorized or mechanized transport.
MRDG Step 2: Alternative 2 4 of 11 NATURAL Component Activity for this Alternative Positive Negative No Effect X Example: Personnel will travel by horseback 1 Personnel would walk into and through the wilderness 2 Personnel would film their activities using handheld Go-Pro cameras 3 Supply caches would be left for the hikers on roads open to public use in the wilderness 4 Helicopter overflights would capture footage of the hikers. No landing would take place in wilder 5 6 7 8 9 Totals 0 1 NE Natural Total Rating -1
Explain: Naturalness would not be affected by hikers walking through the wilderness. Any surface disturbances created by the hikers as they walk, climb or camp would be similar in nature to surface disturbances created by wildlife. Use of handheld cameras to document the trip would not affect naturalness because of their small size and unobtrusive use, as they would normally be worn by the hikers as an attachment to their hardhats while climbing or clothing while walking. Small electronic devices normally carried by visitors such as cameras or cell phones would be similar. Go-Pro cameras fall into this category of objects.
The helicopter used to capture video of the hikers would take the video during its flybys. Stipulations in the film permit would have the pilot avoid wildlife such as Mountain Sheep which are easily disturbed by the noise of the helicopter.
The helicopter would not hover over or near any bighorn sheep for a period lasting longer than 90 seconds. After 90 seconds have passed, the helicopter may not reacquire the same group of bighorn sheep until 45 minutes have passed.
MRDG Step 2: Alternative 2 5 of 11 SOLITUDE OR PRIMITIVE & UNCONFINED RECREATION Component Activity for this Alternative Positive Negative No Effect X Example: Personnel will travel by horseback 1 Personnel would walk into and through the wilderness 2 Personnel would film their activities using handheld Go-Pro cameras 3 Supply caches would be left for the hikers on roads open to public use in the wilderness 4 Helicopter overflights would capture footage of the hikers. No landing would take place in wilder 5 6 7 8 9 Totals 1 2 NE Solitude or Primitive & Unconfined Recreation Total Rating -1
Explain: Hikers walking through the wilderness, testing their human tenacity , their endurance and strength in the face of natur would enhance the wilderness characteristic of outstanding opportunities for a primitive and unconfined type of recreation. The hikers would choose their own route and endure the hardships that come with testing one's skills against nature's elements. Filming their activities as they travel would have no affect to solitude or primitive and unconfined types of recreation. Supply caches left for the hikers on routes open to motorized traffic would have no affect to wilderness character because the routes are bounded on both sides by wilderness, but are not within the wilderness.
Helicopter overflights used to capture aerial images and video of the hikers while they are enroute would disturb the solitude with their sound during the overflights. The diminishment of solitude would persist throughout the three to four day period the event would last.
MRDG Step 2: Alternative 2 6 of 11 OTHER FEATURES OF VALUE Component Activity for this Alternative Positive Negative No Effect X Example: Personnel will travel by horseback 1 Personnel would walk into and through the wilderness 2 Personnel would film their activities using handheld Go-Pro cameras 3 Supply caches would be left for the hikers on roads open to public use in the wilderness 4 Helicopter overflights would capture footage of the hikers. No landing would take place in wilder 5 6 7 8 9 Totals 0 1 NE Other Features of Value Total Rating -1
Explain: There are many unique features of value in the Steens Mountain Wilderness, however the activities of three hikers videoing themselves hiking over the landscape using handheld instruments to record the event, as well as a helicopter to capture aerial video would not affect any of those unique features. Hiking is an accepted activity in the wilderness., and the airspace above the wilderness is available to the public at all times.
Wildlife would be disturbed by the sound of the helicopter overflights, Bighorn Sheep in particular are at risk of disturbance . Mitigations would be included in the film permit to prevent pilots chasing or disturbing the sheep. Should the sheep be disturbed, a wait time is required before the helicopter may approach the same location :
The helicopter would not hover over or near any bighorn sheep for a period lasting longer than 90 seconds. After 90 seconds have passed, the helicopter may not reacquire the same group of bighorn sheep until 45 minutes have passed.
MRDG Step 2: Alternative 2 7 of 11 Traditional Skills What is the effect of each component activity on traditional skills?
TRADITIONAL SKILLS Component Activity for this Alternative Positive Negative No Effect X Example: Personnel will travel by horseback 1 Personnel would walk into and through the wilderness 2 Personnel would film their activities using handheld Go-Pro cameras 3 Supply caches would be left for the hikers on roads open to public use in the wilderness 4 Helicopter overflights would capture footage of the hikers. No landing would take place in wilder 5 6 7 8 9 Totals 1 0 NE Traditional Skills Total Rating 1
Explain: The hikers walking into and through the wilderness would practice skills necessary to keep them alive and comfortable in an environment that can be dangerous. The timing of the event would be in December which makes nescessary , preparations for winter conditions on the mountain ridges. Skills not normally used by the typical day-hiker, or by hikers who camp in summer conditions would become of supreme importance to individuals who must camp overnight in frigid windy conditions where deep snow makes rescue much more difficult.
MRDG Step 2: Alternative 2 8 of 11 Economics What is estimated cost of each component activity?
COST Component Activity for this Alternative Estimated Cost X Example: Personnel will travel by horseback $1,900 1 Personnel would walk into and through the wilderness 2 Personnel would film their activities using handheld Go-Pro cameras 3 Supply caches would be left for the hikers on roads open to public use in the wilderness 4 Helicopter overflights would capture footage of the hikers. No landing would take place in wilderness 5 6 7 8 9 Total Estimated Cost $0
Explain: costs for this project are the responsibility of the project proponent. However some monitoring by BLM personnel would be required at the expense of the government, an estimate is provided below:
Monitoring during the event, One Rec person x $300/day x 3 days = $900 Monitoring after the event, One Rec person x $300/day x 1 day = $300 Total cost by BLM to monitor event and ensure compliance is approximately $1200
MRDG Step 2: Alternative 2 9 of 11 Safety of Visitors & Workers What is the risk of this alternative to the safety of visitors and workers? What mitigation measures will be taken?
RISK ASSESSMENT Probability of Accident Severity of Accident Frequent Likely Common Unlikely Rare Catastrophic: Death or permanent disability Critical: Permanent partial disability or temporary total disability Marginal: Compensable injury or illness, treatment, lost work Negligible: Superficial injury or illness, first aid only, no lost work Risk Assessment Low Risk
Explain: The project presents risks typically associated with winter recreation in mountainous terrain. Risks of falling while climbing, having objects fall on climbers, frostbite, and other lesser dangers.
MRDG Step 2: Alternative 2 10 of 11 Summary Ratings for Alternative 2
Wilderness Character Untrammeled 0 Undeveloped 0 Natural -1 Solitude or Primitive & Unconfined Recreation -1 Other Features of Value -1 Wilderness Character Summary Rating -3
Traditional Skills Traditional Skills 1
Economics Cost $0
Safety of Visitors & Workers Risk Assessment Low Risk
MRDG Step 2: Alternative 2 11 of 11 Project Title: Commercial Filming in the Wilderness
MRDG Step 2: Alternatives Not Analyzed
Alternatives Not Analyzed What alternatives were considered but not analyzed? Why were they not analyzed?
MRDG Step 2: Alternatives Not Analyzed 1 of 1 Project Title: Commercial Filming in the Wilderness
MRDG Step 2: Alternative Comparison
Alternative 1: No Action - No commercial film permit issued Alternative 2: Film permit would be issued Alternative 3: Alternative 4:
Alternative 1 Alternative 2 Alternative 3 Alternative 4 Wilderness Character Positive Negative Positive Negative Positive Negative Positive Negative Untrammeled 0 0 0 0 0 0 0 0 Undeveloped 0 0 0 0 0 0 0 0 Natural 0 0 0 1 0 0 0 0 Solitude/Primitive/Unconfined 0 0 1 2 0 0 0 0 Other Features of Value 0 0 0 1 0 0 0 0 Totals 0 0 1 4 0 0 0 0 Wilderness Character Rating 0 -3 0 0
Alternative 1 Alternative 2 Alternative 3 Alternative 4 Traditional Skills Positive Negative Positive Negative Positive Negative Positive Negative Traditional Skills 0 0 1 0 0 0 0 0 Traditional Skills Rating 0 1 0 0
Economics Alternative 1 Alternative 2 Alternative 3 Alternative 4 Cost $0 $0 $0 $0
Safety of Visitors & Workers Alternative 1 Alternative 2 Alternative 3 Alternative 4 Risk Assessment Low Risk
MRDG Step 2: Alternative Comparison 1 of 2 Alternative 5: Alternative 6: Alternative 7: Alternative 8:
Alternative 5 Alternative 6 Alternative 7 Alternative 8 Wilderness Character Positive Negative Positive Negative Positive Negative Positive Negative Untrammeled 0 0 0 0 0 0 0 0 Undeveloped 0 0 0 0 0 0 0 0 Natural 0 0 0 0 0 0 0 0 Solitude or Primitive & Unconfined Rec. 0 0 0 0 0 0 0 0 Other Features of Value 0 0 0 0 0 0 0 0 Totals 0 0 0 0 0 0 0 0 Wilderness Character Rating 0 0 0 0
Alternative 5 Alternative 6 Alternative 7 Alternative 8 Traditional Skills Positive Negative Positive Negative Positive Negative Positive Negative Traditional Skills 0 0 0 0 0 0 0 0 Traditional Skills Rating 0 0 0 0
Economics Alternative 5 Alternative 6 Alternative 7 Alternative 8 Cost $0 $0 $0 $0
Safety of Visitors & Workers Alternative 5 Alternative 6 Alternative 7 Alternative 8 Risk Assessment
MRDG Step 2: Alternative Comparison 2 of 2 Project Title: Commercial Filming in the Wilderness
MRDG Step 2: Determination
Refer to the MRDG Instructions before identifying the selected alternative and explaining the rationale for the selection.
Selected Alternative
Alternative 1: No Action - No commercial film permit issued
Alternative 2: Film permit would be issued
Alternative 3:
Alternative 4:
Alternative 5:
Alternative 6:
Alternative 7:
Alternative 8:
Explain Rationale for Selection: Alternative 2 is the recommended Alternative:
Commercial filming is a prohibitied activity in the wilderness and is not permitted unless it is necessary for realizing the recreational or other wilderness purposes of the area and does not otherwise utilize a prohibited use. The Steens Act was created with one of its purposes being recreation. Granting this permit would enable this purpose to be realized over a wide audience.
The proposed action is a recreational use recognized as a typical activity in the wilderness. Hikers are traversing the wilderness, testing their strength and resolve against the winter hardships of the Steens Mountain Wilderness. The hikers are documenting their trip just as do many other hikers with their personal video capture device, in this case a Go-Pro camera.
The helicopter used to film the hikers could disturb bighorn sheep in a time of year when they are more vulnerable relative to their energy supply. Proposed mitigations included in the permit are supplied by Oregon Department of Fish & Wildlife.
The commercial nature of the video is mitigated by a focus on the natural beauty of the landscape, the tenacity of the hikers in a wilderness environment and the recreation opportunities being presented that promote wilderness values, such as the oustanding opportunities for solitude or a primitive type of recreation.
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MRDG Step 2: Determination 1 of 3 Explain Rationale for Selection, Continued:
Describe Monitoring & Reporting Requirements: Monitoring of the event will be conducted during and after the event. The helicopter schedule would allow prepositioning of monitors on the East Steens Road to watch them as they did flybys of the hiker. After the event the North Loop Road would be looked at to see whether any objects had been left at the cache sites.
MRDG Step 2: Determination 2 of 3 Approvals
Which of the prohibited uses found in Section 4(c) of the Wilderness Act are approved in the selected alternative and for what quantity?
Prohibited Use Quantity
Mechanical Transport:
Motorized Equipment:
Motor Vehicles:
Motorboats:
Landing of Aircraft:
Temporary Roads:
Structures:
Installations:
Record and report any authorizations of Wilderness Act Section 4(c) prohibited uses according to agency policies or guidance.
Refer to agency policies for the following review and decision authorities: Name Position Tom Wilcox ORP - Wilderness Specialist Signature Date Prepared
Name Position
Signature Date Recommended Name Position
Signature Date Recommended Name Position Rhonda Karges Andrews Field Manager Signature Date Approved
MRDG Step 2: Determination 3 of 3 IApprovals
Which of the prohibited uses found in Section 4(c) of the Wilderness Act are approved in the selected alternative and for what quantity?
Prohibited Use Quantity [1[]Mechanical Transport: ______:. [1[]Motorized Equipment: [1[]Motor Vehicles: [1[]Motorboats: [1[]Landing of Aircraft:
[l[]Temporary Roads:
[1[]Structures: [1[]Installations:
Record and report any authorizations of Wilderness Act Section 4(c) prohibited uses according to agency policies or guidance.
Refer to agency policies for the following review and decision authorities: Name Position -c Tom Wilcox ORP - Wilderness Specialist ~ co 0. Signature Date ....Q) a.. -.. :;3 ~ II/ /?/2.o/y
"0 Name Position Q) "0 c: Q) E Signature Date E 0 u Q) 0::: -c Position Q) Name -c c: Q) E Signature Date E 0 u Q) 0::: Name Position -c Q) Rhonda Karges Andrews Field Manager > S~gnature \ Date
<(~ \ ~~~~(\ ~ . ()_ () Ja \\\\\\V-t ' MRDG Step 2. Determmat1on G 3 of 3