This chapter presents four alternatives to address the issues described in Chapter 1; land tenure adjustment, off-road vehicle use, oil and gas leasing and development, and locatable mineral development. These issues reflect resource concerns or conflicts which could be partially or totally resolved through this amendment. This amendment/EIS only addresses changes in management from the West HiLine RMP that pertain to the above issues.
Other management guidance for the study area (i.e. air quality, vegetation, access, recreation, livestock grazing, geophysical exploration, etc.) can be found in the West HiLine Resource Management Plan (RMP) (BLM, 1988a, 1988b, and 1992a). This includes the following specific management guidance for the Sweet Grass Hills Area of Critical Environmental Concern (ACEC):
Native American tribes who utilize the area will be consulted prior to surface disturbing activities which require BLM approval. This consultation will provide guidance in applying restrictions or mitigating measures where there may be impacts to traditional cultural values.
The ACEC is an avoidance area for rights-of-way. No communication sites can be permitted on the West or Middle Buttes.
The BLM will continue to monitor the ACEC's wildlife habitat values to ensure that management goals and objectives are met. Livestock allotment management plans in the ACEC will emphasize the maintenance and/or improvement of important wildlife winter habitat. This may be accomplished through season-of-use modification, pasture modification, temporary exclosures, etc.
The potential to sell forest products from the Sweet Grass Hills will be determined in an activity plan for this ACEC. Forest product disposal under the activity plan will conform to other resource restrictions. Only minor forest products may be sold pending completion of the activity plan
While establishment of a National Register Historic District is an issue in the Sweet Grass Hills study area, this amendment and environmental impact statement (EIS) is not the process or method for resolution of this issue. Final determination on a Historic District must be made by the Keeper of the National Register of the National Park Service.
Current management is described in the Management Common to All Alternatives, and the Preferred Alternative sections of the West HiLine RMP (BLM, 1988a). Current decisions from the West HiLine RMP relating to the Sweet Grass Hills study area were approved in a Record of Decision (ROD) issued in September, 1988. Management direction specific to most of the Federal surface in the study area (the Sweet Grass Hills ACEC, 7,580 acres) was approved in an ROD issued in January, 1992. With implementation of this alternative the foreseeable hardrock or oil and gas exploration and development described in Appendices A and B could occur on either Federal minerals, private minerals, or most likely a combination of Federal and private minerals.
The BLM would consolidate public holdings in areas containing high value resources. A total of 137 acres of BLM land would be available for disposal, with emphasis on exchange.
The management objective for disposing of the 137 acres would be to concentrate acquisition in the Sweet Grass Hills ACEC and surrounding areas with similar values. Lands identified for disposal outside the study area could be used for exchanges within the study area. ACEC boundary changes, necessitated by land acquisition, would occur to yearly define the emphasis area limits. Acquired lands would be placed under the guidance found in the West HiLine RMP (BLM, 1988a, 1988b, and 1992a).
All acquisitions would depend on a willing seller, unless the public interest determination indicates the use of eminent domain authority is appropriate.
The BLM would provide for public off-road vehicle (ORV) use while protecting resource values and providing for public safety. The area outside of the Sweet Grass Hills ACEC but within the study area is open to ORV use (137 acres).
An Emergency Road Closure (ERC) would remain in effect for the Sweet Grass Hills ACEC (7,580 acres). The BLM land in this area would remain closed year round to all motorized off-road vehicles until an activity plan is complete. An activity plan would designate roads and trails open to motorized vehicle use, if any. Restricted motorized use is available by permit only during this ERC to livestock ranchers with leases, selected governmental actions, etc.
The Sweet Grass Hills would remain open to oil and gas leasing. The standard stipulations in Appendix B, Attachment B.1, would be applied to all oil and gas leases issued. Special raptor stipulations may be required for raptor habitats in the study area. In all cases, the stipulations prescribed for federal mineral development, in split estate situations, apply only to the development of the Federal minerals. These stipulations do not dictate surface management. The mitigation measures present no restrictions on surface activities conducted for purposes other than those resulting from mineral development activities which are permitted, licensed, or otherwise approved by the BLM.
Within the Sweet Grass Hills ACEC, the Rocky Mountain Front Raptor Guidelines (Appendix B, Attachment B.2) would be used to develop site specific direction for activities in occupied raptor habitat. The BLM would coordinate with oil and gas lessees to apply guidelines to any new activity on existing oil and gas leases which threaten to disrupt reproduction of threatened and endangered (T&E) or sensitive raptor species using the area. These guidelines would be used to implement special stipulations for all new oil and gas leases in raptor habitat, if warranted by resource information, and may be waived by the authorized officer.
Surface management of locatable mineral development on BLM land outside the Sweet Grass Hills ACEC (137 acres) would be guided by the 43 CFR 3809 regulations and the Memorandum of Understanding (MOU) between the Montana Department of Environmental Quality (DEQ) (formally the Department of State Lands) and BLM. Disturbance exceeding the casual use level, (usually involving mechanized equipment) but less than 5 acres may proceed 15 days after a Notice is filed with the BLM Lewistown District Office. Disturbances greater than 5 acres require filing a Plan of Operations and receiving approval before work can begin.
A Plan of Operations must always be filed, regardless of disturbance acreage, and formal approval received from the BLM prior to surface disturbance in the Sweet Grass Hills ACEC. In this area the MOU with DEQ does not apply and the BLM is responsible for developing mitigating measures and plan approval.
Once a Plan of Operations is filed with the BLM, the proposed action would be analyzed (with DEQ, where appropriate) and the mitigating measures needed to prevent unnecessary or undue degradation would become conditions of approval. Plans of Operation are federal actions that require authorization. The public may review and comment on these specific plans. For operations covered by the MOU with the DEQ, formal approval is granted by the DEQ with BLM concurrence.
Access across Federal surface to mining claims is an implied right under the mining laws, but may be conditioned to prevent unnecessary or undue degradation.
To ensure the orderly development of locatable mineral resources while protecting the Sweet Grass Hills ACEC values, the following management guidelines would apply to the ACEC:
(a) The ACEC would remain open to mineral entry.
(b) An approved Plan of Operations would be required for all activities (43 CFR 3809.1-4(b)) exceeding casual use (as defined in 43 CFR 3809.1-2). "Operations" includes all activity associated with exploration, assessment work, development and processing of mineral deposits located under the mining laws.
(c) To ensure adequate rehabilitation, bonding would be required for all operations, except casual use (43 CFR 3809.1-9).
(d) The following reclamation guidance would be applied to Plans of Operation. This guidance has been developed from 43 CFR 3809.1-3 and 43 CFR 3809.1-5 to prevent unnecessary or undue degradation of ACEC values:
- Rehabilitation measures would consider the replacement of disturbed elk and mule deer habitat.
- Timing restrictions may be applied on an individual basis to prevent unnecessary or undue degradation to accommodate mineral operations while protecting important wildlife habitat.
- Mineral operations located in crucial wildlife habitat may be required to rehabilitate previous disturbances prior to initiating new surface disturbing activities to keep disturbed acreage to a minimum. This would provide for continued mineral operations while rehabilitating important wildlife habitat at the earliest possible opportunity.
The BLM has reviewed the East Butte, Bureau of Reclamation (BR) withdrawal (572 acres) and recommended that 40 acres of the withdrawal be retained and the remaining 532 acres be returned to BLM administration. The withdrawal was originally granted as a rock riprap source for BR projects. The 40 acres required by BR are adjacent to the existing quarry and provide for future riprap reserves. The area revoked from withdrawal would be opened to mineral entry.
Through Alternative B, the BLM would protect areas of traditional spiritual importance to Native Americans and aquifers in the East Butte area that provide potable water to local residents. The BLM would designate all Federal surface in the study area (7,717 acres) an ACEC. With implementation of this alternative the foreseeable hardrock exploration and development described in Appendix A is assumed not to occur.
The BLM would consolidate public holdings (surface and subsurface) in the study area by emphasizing exchange for BLM lands outside the study area, purchase, or conservation easements. None of the BLM land in the study area would be available for disposal.
The management objective would concentrate acquisition in areas with Federal subsurface in the Sweet Grass Hills study area. All acquisitions would depend on a willing seller, unless the public interest determination indicates the use of eminent domain authority is appropriate.
Some important acquisitions would require that both subsurface and surface be acquired. Areas identified as high priority include the mineral estate of patented mining claims adjacent to the ACEC and lands in the vicinity of Devils Chimney Cave.
The Sweet Grass Hills ACEC boundary would be adjusted to include acquired lands. These lands would be placed under the guidance in this amendment and the West HiLine RMP (BLM, 1988a, 1988b, and 1992a).
The BLM land in the study area would be closed year-round to all motorized vehicle use (7,717 acres) with no exceptions allowed. However, administrative access is provided for under the terms of oil and gas leases.
The BLM would not issue future oil and gas leases in the study area (21,409 acres). When existing oil and gas leases expire they would not be offered for lease again. On existing leases, the BLM would work with operators to apply guidelines to any new activity which may threaten to disrupt T&E or sensitive raptor species. The Rocky Mountain Front Raptor Guidelines (Appendix B, Attachment B.2) would be used for site specific direction for activities proposed in raptor habitats.
The BLM would file a petition with the Secretary of the Interior that the Federal minerals in the Sweet Grass Hills study area (19,765 acres) be withdrawn from locatable mineral entry for a 20-year term. The withdrawal would be subject to valid existing rights. Validity exams of existing claims in the East Butte area (14 claims) have been conducted to determine valid existing property rights. The results indicate eight of the claims meet the test of discovery under the mining law and are valid (Figure 2). Validity exams of existing claims in the Middle Butte area (6 claims) would be conducted to determine valid existing property rights. Non-valid claims would be declared null and void. The BLM would discourage further exploration or mine development on any remaining valid claims. The BLM would pursue relinquishment of valid claims through purchase, exchange, condemnation, or conservation easements from private sources. The purchase or condemnation of valid claims would require Congressional approval.
Part of a Bureau of Reclamation withdrawal (532 acres) was been recommended for termination in a withdrawal review effort (May 1993) since the withdrawal is no longer serving the purpose for which it was withdrawn. The remaining 40 acres was recommended for a 20 year term modification (May 1993) since it is serving the purpose for which it was withdrawn by providing for a current and future riprap quarry for Tiber Reservoir. However, under this alternative the 40 acres would be recommended for termination since the continued use of the riprap quarry would be incompatible with the resource values being protected by the proposed withdrawal of 19,765 acres.
This alternative focuses on BLM's statutory authority to manage the culturally significant natural landform in the Sweet Grass Hills based on resource values and public input. The preferred alternative would withdraw the Sweet Grass Hills study area from mineral entry, close the Sweet Grass Hills ACEC to off-road vehicles, and apply a no surface occupancy stipulation to new oil and gas leases within the ACEC. This alternative would focus primary BLM management on preserving areas of traditional spiritual importance to Native Americans, aquifers in the area that provide potable water to local residents, high value habitat for reintroduction of endangered peregrine falcons, and seasonally important elk and deer habitat.
The BLM would consolidate public holdings (surface and subsurface) in areas adjacent to or within the vicinity of the Sweet Grass Hills ACEC by emphasizing exchange for BLM lands outside the study area, purchase, or conservation easements. None of the BLM land in the study area would be available for disposal. Some important acquisitions would require that both subsurface and surface be acquired. Areas identified as high priority for acquisition include the mineral estate of patented mining claims adjacent to the ACEC, any valid unpatented mining claims, private minerals in the vicinity of Devils Chimney Cave, and other private surface and minerals adjacent to the ACEC. All acquisitions would depend on a willing seller.
The Sweet Grass Hills ACEC boundary would be adjusted to include adjacent acquired lands. These lands would be managed under the guidance in this amendment and the West HiLine RMP (BLM 1988a, 1988b, and 1992a).
The Sweet Grass Hills ACEC would be closed to all motorized off-road vehicle (ORV) use (7,580 acres). Off-road travel for administration of a federal lease or permit would be granted, unless specifically prohibited. The BLM land outside of the ACEC but within the study area would be open to ORV use (137 acres).
The BLM would issue future oil and gas leases in the Sweet Grass Hills ACEC (6,328 acres), 262 acres adjacent to the ACEC, and 160 acres in the Sage Creek area with a no surface occupancy (NSO) stipulation (Map 2 located in the back of this document). When existing oil and gas leases expire they would be offered with NSO stipulations. On existing leases, the BLM would work with operators to apply guidelines to any new activity which may threaten areas of traditional spiritual importance to Native Americans or aquifers that provide potable water.
The remainder of the study area, 14,659 acres of Federal fluid mineral estate, would be leased with standard stipulations and special raptor stipulations (Appendix B, Attachments B.1 and B.2). Some of these leases would also be subject to enhanced mitigation measures to protect ground water. This mitigation would require cementing casing strings back to the surface for any wells drilled that could affect municipal water districts. This would be determined during processing of applications for permit to drill and would consider the surface recharge, water table level, ground water movement, and geology in the area.
The BLM would file a petition with the Secretary of the Interior requesting that the Federal minerals in the Sweet Grass Hills study area (19,765 acres) be withdrawn from locatable mineral entry for a 20-year term (Map 2 located in the back of this document). The withdrawal would be subject to valid existing rights. Validity exams of existing claims in the East Butte area (14 claims) have been conducted to determine valid existing property rights. The results indicate eight of the claims meet the test of discovery under the mining law and are valid (Figure 2). Non-valid claims would be declared null and void. The BLM would encourage holders of valid claims to relinquish their claims through purchase, exchange, or through conservation easements from private sources. Rights-of-way across BLM land would be issued for the purpose of developing the private mineral estate or to any claims determined to be valid. Any acquired minerals would be withdrawn.
The BLM does not intend to examine the six unpatented claims on Middle Butte for validity at this time. These claims are located outside of the Sweet Grass Hills ACEC on private surface over Federal minerals. No new claims could be located on these lands.
Part of a Bureau of Reclamation withdrawal (532 acres) was recommended for termination in a withdrawal review effort (May 1993) since the withdrawal is no longer serving the purpose for which it was withdrawn. The remaining 40 acres was recommended for a 20 year term modification (May 1993) since it is serving the purpose for which it was withdrawn by providing for a current and future riprap quarry for Tiber Reservoir. However, under this alternative the 40 acres would be recommended for termination since the continued use of the riprap quarry would be incompatible with the resource values being protected by the proposed withdrawal of 19,765 acres.
Through Alternative D, the BLM would protect areas of traditional spiritual importance to Native Americans and aquifers in the East Butte area that provide potable water to local residents. This alternative recognizes that BLM can implement the most effective resource protection where Federal surface with Federal minerals ownership occurs. With implementation of this alternative the foreseeable hardrock exploration and development described in Appendix A is assumed not to occur.
The BLM would consolidate public holdings (surface and subsurface) only in areas adjacent to or within the vicinity of the Sweet Grass Hills ACEC by emphasizing exchange for BLM lands outside the study area, purchase, or conservation easements. All acquisitions would depend on a willing seller, unless the public interest determination indicates the use of eminent domain authority is appropriate.
A total of 137 acres of BLM land within the study area, but not adjacent to the ACEC would be available for disposal through exchange.
Some important acquisitions would require that both subsurface and surface be acquired. Areas identified as high priority for acquisition include the mineral estate of patented mining claims adjacent to the ACEC and lands in the vicinity of Devils Chimney Cave.
The Sweet Grass Hills ACEC boundary would be adjusted to include acquired lands. These lands would be managed under the guidance in this amendment and the West HiLine RMP (BLM, 1988a, 1988b, and 1992a).
The Sweet Grass Hills ACEC would be closed to all motorized off-road vehicle (ORV) use (7,580 acres). Off-road travel for administration of a federal lease or permit would be granted, unless specifically prohibited. The BLM land outside of the ACEC but within the study area would be open to ORV use (137 acres).
The BLM would only issue future oil and gas leases, in the Sweet Grass Hills ACEC (6,328 acres), 262 acres adjacent to the ACEC, and 160 acres in the Sage Creek area, if oil and gas is being drained from Federal minerals by a State or fee well. These lands would be leased with a no surface occupancy stipulation. When existing oil and gas leases expire they would not be offered for lease again unless drainage occurs. On existing leases, the BLM would work with operators to apply guidelines to any new activity which may threaten areas of traditional spiritual importance to Native Americans or aquifers that provide potable water.
The remainder of the study area, 14,659 acres of Federal fluid mineral estate, would be leased with standard stipulations and special raptor stipulations. Some of these leases would also be subject to enhanced mitigation measures to protect ground water. This mitigation would require cementing casing strings back to the surface for any wells drilled that could affect municipal water districts. This would be determined during processing of applications for permit to drill and would consider the surface recharge, water table level, ground water movement, and geology in the area.
The BLM would file a petition with the Secretary of the Interior that the Federal minerals in the Sweet Grass Hills ACEC (6,328 acres) be withdrawn from locatable mineral entry for a 20-year term along with 262 acres adjacent to the ACEC and 160 acres in the Sage Creek area. The withdrawal would be subject to valid existing rights. Validity exams of existing claims in the East Butte area (14 claims) have been conducted to determine valid existing property rights. The results indicate eight of the claims meet the test of discovery under the mining law and are valid. Non-valid claims would be declared null and void. The BLM would discourage further exploration or mine development on any remaining valid claims. The BLM would pursue relinquishment of valid claims through purchase, exchange, condemnation, or conservation easements from private sources. The purchase or condemnation of valid claims would require Congressional approval.
Part of a Bureau of Reclamation withdrawal (532 acres) was been recommended for termination in a withdrawal review effort (May 1993) since the withdrawal is no longer serving the purpose for which it was withdrawn. The remaining 40 acres was recommended for a 20 year term modification (May 1993) since it is serving the purpose for which it was withdrawn by providing for a current and future riprap quarry for Tiber Reservoir. However, under this alternative the 40 acres would be recommended for termination since the continued use of the riprap quarry would be incompatible with the resource values being protected by the proposed withdrawal of 6,750 acres.
The remainder of the study area would remain open to locatable mineral entry.
The alternatives were reviewed for effectiveness in resolving the planning issues, conformance with the guidance established by the planning criteria, avoidance of unnecessary impacts to the human environment, responsiveness to public concern, and BLM's statutory authority. Alternative C in the draft amendment/EIS was modified in response to public comments and resource considerations. The modifications include withdrawing all Federal minerals in the study area from locatable mineral entry for a 20-year term, retaining all BLM land in public ownership, adding any acquired lands to the ACEC, and withdrawing any acquired minerals from mining claim location. The modified Alternative C is the preferred alternative. This alternative would form the management guidance for the Sweet Grass Hills and the BLM would proceed with the withdrawal application. The rationale for selecting Alternative C is presented below by issue.
The preferred alternative establishes management direction to accomplish public land adjustment and clearly identifies the area where the BLM would like to acquire lands from willing sellers, that being the mineral estate of patented mining claims adjacent to the Sweet Grass Hills ACEC, private minerals in the vicinity of Devils Chimney Cave, and other private surface and minerals adjacent to the ACEC. This is the area where foreseeable hardrock exploration could occur.
The preferred alternative would make permanent the management direction that has been in place under a year-round emergency road closure (ERC) implemented in 1989. The ERC was at the request of a local landowner and sportsmen organization because of the high use of all-terrain vehicles during the hunting season and the landowners threatened to close the area to public entry. Development of park and walk areas resolved the problem and the BLM participated with the ERC. Keeping the Sweet Grass Hills ACEC closed to this type of activity would enhance the values for which the area was designated.
The preferred alternative protects the Sweet Grass Hills ACEC and lands in the area that are important as potable water sources (6,750 acres). The remaining Federal oil and gas minerals in the study area (14,659 acres) would remain open to leasing with standard stipulations, a special raptor stipulation, and enhanced mitigation measures to protect ground water. Thus, ACEC values would be protected, loss of revenues due to drainage would be prevented, and the lands with the highest oil and gas potential would still be available for development.
The preferred alternative would withdraw the Federal minerals within the Sweet Grass Hills study area (19,765 acres) including the Bureau of Reclamation withdrawn land, along with acquiring through willing sellers the mineral estate of patented mining claims adjacent to the ACEC and any valid unpatented mining claims. Any acquired minerals would be withdrawn. This would provide protection, within BLM's statutory authority, for the Sweet Grass Hills. However, without the acquisition of patented or valid unpatented mining claims, the BLM cannot ensure protection of traditional spiritual values or aquifers that provide potable water to local residents.
Table S.1 presents a summary of the alternatives to resolve the issues and Table S.2 summarizes the environmental consequences for each alternative. Tables S.1 and S.2 are located in the Summary at the beginning of this document. These tables are summaries of the alternative descriptions contained in this chapter and the environmental consequences described in Chapter 4. The reader is referred to the text in these chapters for specifics and more detail about the information in the summary tables:
Copies of the text are available from the Lewistown District Office, Airport Road, P.O. Box 1160, Lewistown, MT 59457-1160 or the Great Falls Resource Area, 812 14th Street North, Great Falls, MT 59403.