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Proposed Projects on Non-Federal Lands

The Extent of BLM Responsibility over Actions Occurring on Non-Federal Lands: Cultural Resources. Two key elements influence the scope of BLM’s responsibility:. 1: BLM’s legal/regulatory role 2: The extent to which the decision concerning the Federal action impacts non-Federal lands.

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Proposed Projects on Non-Federal Lands

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  1. The Extent of BLM Responsibility over Actions Occurring on Non-Federal Lands: Cultural Resources

  2. Two key elements influence the scope of BLM’s responsibility: 1: BLM’s legal/regulatory role 2: The extent to which the decision concerning the Federal action impacts non-Federal lands Proposed Projects on Non-Federal Lands

  3. Proposed Projects on Non-Federal Lands Right-of-Ways The BLM’s responsibility for identifying and protecting non-Federal cultural resources is limited by the degree to which BLM decisions determine or control the location of surface disturbing activities.

  4. Proposed Projects on Non-Federal Lands When doesn’t the BLM require cultural inventory on non-Federal lands? • If project crosses public land only occasionally, or lies predominantly off public lands

  5. Proposed Projects on Non-Federal Lands When does the BLM require cultural inventory on non-Federal lands? • Split Estate • Public Lands Essential or Unavoidable • Project Begins or Ends on Public Land

  6. Proposed Projects on Non-Federal Lands Plan of Development on Split Estate

  7. Proposed Projects on Non-Federal Lands Public Lands Essential or Unavoidable

  8. Proposed Projects on Non-Federal Lands Project Begins or Ends on Public Land

  9. Proposed Projects on Non-Federal Lands When doesn’t the BLM require cultural inventory on non-Federal lands, but still has some responsibility? • Geophysical

  10. Proposed Projects on Non-Federal Lands Geophysical Exploration

  11. Geophysical Exploration BLM will make a reasonable and good faith effort to identify National Register-Eligible or listed historic properties on non-Federal lands through: • Examination of existing records • On the ground inventory • (only at the request of the non-Federal landowner)

  12. Geophysical Exploration • The BLM will ensure the geophysical operator • will inform non-Federal landowners of their right • to request a cultural resources inventory. • BLM will also ensure that historic properties are not • adversely affected by the geophysical project activities. • Cultural resource inventories conducted specifically for • geophysical exploration projects will not be required to • evaluate identified properties provided the properties are • avoided by an appropriate distance as defined in BLM • Handbook H-3150.

  13. Geophysical Exploration Adequate Historic Property Avoidance Distances According to BLM H-3150: • For protection of rock art and standing structures: A distance of 300 feet, under normal operating conditions, is recommended to ensure that the 0.75 in./sec. threshold will not be exceeded. • For other historic properties, a general guideline is avoidance of 100 ft.

  14. Geophysical Exploration Determining Area of Potential Effect • Historic Properties present • Type of Operation • Factors to consider are: • a. Surface Modification • b. Vibrations • c. Compaction • d. Crushing • e. Blasting • f. Vehicular Traffic

  15. BFO – BLM Section 106 Obligations for Uranium Exploration and Mining

  16. Overview of BFO Section 106 Obligations for Uranium Exploration and Mining • The BLM cooperatively analyzes a project with the Nuclear Regulatory Commission (NRC) only if the BLM is processing the Plan of Operations (PoO) (refer to IM 2005-114: Clarification of Policy on Applying 43CFR3809 to Split Estate Lands). • The BLM will process the Plan of Operations in these cases: • Federal surface is involved anywhere within the PoO. • If the operator does not have written consent of the surface owner to conduct mining operations on Stock raising Homestead Act lands (43CFR3809.31d). • On split estate lands other than the Stock raising Homestead Act lands (43CFR3809.31e). • Otherwise, Nuclear Regulatory Commission (NRC) is lead agency on split estate. • Obviously, we manage (most of) the mineral estate within the BFO boundaries and have a working knowledge of current undertakings. Therefore, we will answer questions from contractors about pending cultural resource inventory reviews, current eligibility status of sites and other file search needs, whether we are the lead agency or not.

  17. Impact Mitigation Strategies for Historic Properties from Uranium Exploration and Mining • Direct Impact: - Avoidance - Data Recovery • Setting (properties eligible under criteria a, b, c): - Facilities painted appropriate environmental colors - Reduce number of roads - Grouping of facilities - ?????? Others

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