**Bureau of Land Management**

Northeast California Resource Advisory Council

Field Tour and Business Meeting

Thursday and Friday, Sept. 18-19, 2008

Alturas, California

**Summary Minutes**

**Thursday, Sept. 18**

RAC Members joined staff from the BLM Surprise Field Office to tour
cultural and historical resources sites at Sand Spring, the Bitner Ranch
and Leonard Hot Spring. Discussions focused on BLM's cultural resources
management responsibilities with site-specific examples.

**Friday, Sept. 19**

**Opening Business**

Chair Nancy Huffman opened the meeting at the BLM Alturas Field Office
at about 8 a.m.

The agenda was approved with one change. The minutes from the May
meeting were approved as mailed.

**Attendance:**

Category One: Ken McGarva, John Erquiaga, Skip Willmore, Jack Razzeto.
Absent: Todd Swickard

Category Two: Frank Bayham, Alan Cain, Martin Balding, Rosalee Bradley.
Absent: Gale Dupree

Category Three: Nancy Huffman. Absent: Pete Neely, Henricus Jansen, Tim
Garrod, Mike Dunn.

> *There is no majority present in Category Three and therefore, no
> quorum of the RAC.*

Guests: Sean Curtis, Modoc County; Karen Kramer, Kramer Ranch; Rick
Maher, California Waterfowl Association.

**BLM Staff:** Alturas Field Manager Tim Burke, Eagle Lake Field Manager
Dayne Barron, Acting Surprise Field Manager Steve Surian, Alturas
Recreation Planner Claude Singleton, Alturas Range Management Specialist
Alan Uchida, Alturas Realty Specialist Emily Jennings, Surprise Field
Office Archaeologist Penni Borghi, BLM NorCal Public Affairs Officer
Jeff Fontana.

**Kramer Ranch Exchange**

Tim Burke summarized the exchange proposal that would move a surplus
parcel totaling about 1,000 acres of public land near Bieber into
ownership of the Kramer Ranch. In exchange, the BLM would receive a
public conservation easement on parts of the Kramer Ranch and on the
parcel to be exchanged to the Kramer Ranch. The easement would allow the
same public access for activities such as hunting and wood cutting, as
currently existing on the public land parcel. Management of the
conservation easement, as proposed, would be by a third party \-- the
California Deer Association. Tim noted the arrangement would alleviate
the BLM's responsibility for managing the easement.

Tim said the conservation easement acreage on the private ranchland
would probably have to be increased to achieve equal values, as required
in land exchanges. Agreement has not yet reached.

Alturas Field Office Realty Specialist Emily Jennings noted that this
type of exchange has never been attempted in the BLM. She summarized the
land exchange steps:

-   Developing the exchange proposal

Parties begin discussions

-   Feasibility evaluation

> BLM prepares a report assessing feasibility. A nonbinding agreement to
> proceed is signed by the BLM and exchange parties.

-   Processing and documentation

This includes appraisals, title clearances and opportunity for public
comment.

-   Decision analysis and approval

The proposal must be cleared by the BLM state and Washington offices.

-   Title transfer

Title exchanges are completed and the transaction is closed.

The current proposal is now at step one.

Tim said negotiations must address acreage, survey, and archaeological
clearances and cost recovery, assurances of public access under the
conservation easement, protection of old growth juniper, and assurances
by the Kramers regarding cleanup of the area and livestock grazing in
accordance with BLM land health standards and livestock grazing
guidelines.

There was continuing discussion about BLM responsibility if the
conservation easement holder, the Deer Association, does not adhere to
the terms of the easement. Tim said the provisions would be part of the
easement, which would be established in perpetuity. Nancy Huffman was
concerned with a third party managing the easement. She was concerned
that the arrangement could lead to the third party receiving the
property from the BLM, rather than the property reverting to the BLM, in
the event of an easement default.

Frank Bayham noted that easement management can be complicated in cases
where easement terms are violated.

Karen Kramer said the family has been pursuing the exchange for years
and is in it "for the long haul."

Rick Maher of the California Waterfowl Association spoke, representing
the Intermountain Joint Venture. He read a letter of support from
Intermountain Joint Venture. The organization feels the easement is
consistent with the IJV mission to protect wildlife habitat.
(attachment). The organization believes the exchange would give the
organization the opportunity to protect significant habitat. It could
provide funding for habitat improvement. He said the proposal conforms
to the BLM Sustaining Working Landscapes initiative. It would improve
the land, provide for public access and relieve the BLM of some existing
liability.

He said determination about the course of action in case of easement
term violation would be determined case by case.

Nancy said that any easement default should result in reversion of the
property to public ownership. She stressed the easement should contain
that language.

Skip Willmore noted that the California Deer Association and California
Waterfowl Association have good track records in managing natural
resources. He said the arrangement would benefit wildlife and natural
resources at no expense to the BLM.

Martin Balding noted that the parties must also address what would
happen to the easement on the Kramer Ranch in the event of easement
default. He supports the concept.

Sean Curtis suggested that if enforcement remains with the BLM, the BLM
should consider holding the easement.

Karen Kramer said the family would prefer to eliminate vehicle access.
That would eliminate the public trash dumping issue.

> *Members attending the meeting indicated their support of the exchange
> concept. There was no quorum and therefore no formal recommendation.*

**State Office Update**

Ken Wilson represented State Director Mike Pool. Highlights of his
report:

-   BLM does not expect an appropriation bill by the end of the fiscal
    year. A Congressional continuing resolution is expected, keeping
    funding at last year's levels.

-   The omnibus lands package contains provisions affecting California
    public lands. The Department has supported all bills in the package:

    -   NLCS Act, codifying the NLCS

    -   California Desert and Mountain Heritage Act of 2008 would
        designate wilderness and Wild and Scenic Rivers in the
        California Desert District.

    -   Boxer-McCean Wilderness Bill, which would add over 4000,000
        acres to the wilderness system, including BLM lands

    -   Tuolmne-Miwok Bill to transfer lands into Indian Trust near the
        Tuolumne Rancheria.

Additionally, Ken noted:

-   At Tulelake, legislation is pending to study the feasibility of
    establishing a new national park unit.

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-   There are renewable energy applications in place on BLM lands
    statewide.

-   The 29 Palms Marine Corps expansion proposal would add BLM lands to
    the Marine Corps base. It would withdraw more than 366,000 acres of
    BLM managed public lands to allow for base expansion.

-   BLM was involved in the early summer fire siege and remains prepared
    for the remainder of the fire season.

**Cultural Resource Management**

Ken Wilson presented information on the BLM's responsibilities for
managing and protecting cultural and historic resources.

BLM operates under a protocol outlining relationships with the State
Historic Preservation Offices (SHPO) and administration of section 106
of the National Historic Preservation Act. Under it, federal agencies
must consider comments from the National Advisory Council on Historic
Preservation when undertaking projects -- section 106. Ken presented a
detailed discussion about BLM responsibilities and distributed a handout
summarizing them (attachment). The protocol provides alternate
procedures for complying with section 106. It specifies procedures for
cultural resource inventories and affects determinations. It allows
field office archaeologists to make determinations and recommend them to
the field managers, enabling projects to move forward without state SHPO
consultation, except where there will be adverse affects to cultural
resources.

Ken discussed a history of BLM's protocol with the Nevada and California
SHPOs, recent amendments, and processes used to determine whether
archaeological sites are significant or quality for placement on the
National Register of Historic Places.

Ken reported that tribal consultation is a major component of the
program. He spends 60 percent of his time in that area. The federal
government has a legal responsibility to consult on a government to
government basis with the tribes when projects or activities are
proposed for public lands or create issues of concern to tribes.
Managers must consider tribal comments in decision making and report
back to the tribes on how tribal concerns were considered. The BLM must
demonstrate good faith efforts in this area. Tribal agreement is not
required for projects or activities to proceed, but there must be strong
evidence of BLM"s good faith effort to consult.

**Field Office Perspectives**

**Alturas:** Claude Singleton reported on the field office development
of interpretive materials focused on historic emigrant trails:

-   Several thousand prehistoric sites have been recorded in the field
    office area.

-   The field office resource management plan contains provisions for
    managing and conserving historic trails traversing about 1,750
    acres.

-   The field office now has three areas of critical environmental
    concern associated with cultural resources.

-   The field office is developing interpretive panels to tell the
    emigrant story to the public.

**Eagle Lake:** Penni Borghi represented Eagle Lake Field Office
Archaeologist Sharynn Blood. She stressed that cultural clearances are
required for all projects, including impacts from wildland fire
suppression. All field offices have the same requirements. Wind energy
proposals and a motorcycle race proposal at Fort Sage are current issues
of concern.

Field Manager Dayne Barron said a major issue has been re-establishment
of cultural resources documentation and re-establishment of the SHPO
protocol. The field office spent a year in provisional status with the
SHPOs in Nevada and California. The office is now functioning normally
with both SHPOs.

A major focus has been expanding consultation with other tribal entities
that had not been included in earlier consultation efforts. The field
office has developed or is developing memoranda of understanding with
six tribal entities. Meeting frequency has varied by tribe.

There is a major focus now on consultation related to motorcycle races
at the Fort Sage OHV area and the Dry Valley area. The races have been
held for many years, but consultation was not completed in earlier
years. Two tribes are now voicing concerns with impacts. The field
office is also looking at casual motorcycle use impacts.

Rosalee Bradley said she and other endurance equestrians are concerned
with motorcycle damage to trails used by equestrians. Alan Cain
suggested that the BLM needs to consider the "greater good" when it
comes to allocating recreation resources such as recreation trails.

**Surprise**: Penni explained that the field office consults with four
tribal interests. There are significant tribal concerns about impacts
from the proposed Ruby gas pipeline to cultural resources and to
significant traditional hunting and gathering sites. The BLM has
participated in review of the route which follows the existing DC power
line through the field office area of responsibility. The agency has
made recommendations for route changes to avoid significant
archaeological sites. The Federal Energy Regulatory Commission is the
project lead, and works with input from the BLM field offices, which are
coordinating with the tribes.

**Wind Energy Project Summary**

**Alturas Field Office:** Emily said there are six pending applications.
No Plans of Development (POD) have been submitted. Green Raven is
applying for a type 2 right of way at the Rocky Prairie tablelands, near
Likely Mountain and south of the Warner Mountains.

**Eagle Lake:** Dayne said Invenergy has requested placement of 12
additional meteorological towers for the proposed Horse Lake Project and
his renewing its permit for testing on Shaffer Mountain (the former
Lassen Wind project). The company has promised a POD for the Horse Lake
Project soon. There also is a proposal for a transmission line from
Ravendale to the Lake Shasta Area. That east-west line would provide
transmission capacity for northern Lassen County projects, including
Invenergy's. Most projects are on hold until transmission capacity is
developed. There is controversy regarding the Horse Lake Project's
visual impacts to Eagle Lake and impacts to livestock grazing permit
holders in the Willow Creek Valley.

**Surprise:** Steve Surian said there are four applications for met
towers on 420,000 acres, most overlapping. Sites include Cottonwood
Mountain, the South Warners, the Coppersmith Hills and the south end of
the Hays Mountain Range, paralleling the existing DC power line.

**Field Managers Reports**

**Alturas:** Tim Burke noted:

-   The Lassen Land and Trails Trust acquired the Modoc Line, clearing
    the way for management plan development. The Wildlife Conservation
    Board provided \$400,000 for the acquisition. BLM filed for
    railbanking in 1996. Tim credited Stan Bales, recreation planner in
    the Eagle Lake Field Office for hard work securing the railbanking
    agreement. LLTT will hire a contractor for the public process to
    develop the management plan. The Modoc Line is an abandoned railroad
    running from Wendel, in Lassen County, to about 12 miles south of
    Alturas. Railbanking keeps the railroad corridor intact for future
    railroad use, but allows for recreational trail development.

-   The Sage Steppe Restoration Strategy is complete. BLM is working on
    signing records of decision. The Modoc National Forest expects to
    sign their ROD on Sept. 25. The agencies are moving ahead with
    putting the strategy in place.

**Eagle Lake:** Dayne Barron distributed a written report (attachment).
Additionally, he said:

-   There are public concerns that the historic Bly Tunnel is
    contributing to dropping levels at Eagle Lake. The BLM sealed the
    tunnel with a concrete plug in 1986. There is a 10 cfs flow through
    the plug to accommodate a downstream water right. BLM has determined
    that water seeps into the tunnel from underground fissures and
    springs. The tunnel was built in 1923 in an attempt to use Eagle
    Lake water to irrigate Honey Lake Valley crops. The project was
    abandoned in 1935.

-   The Sierra Nevada Conservancy has provided a \$48,000 grant to fund
    a staff position to coordinate implementation of the conservation
    strategy for the Buffalo-Skedaddle sage grouse population management
    unit. An update on sage steppe partnerships will be given at the
    upcoming Society of American Forestry convention in Reno.

**Surprise:** Steve Surian, acting for Field Manager Shane DeForest,
distributed a written summary report. He said the field office is
focusing on grazing permit renewals. Western Watersheds protested one
grazing decision on a small allotment.

**Wild Horse and Burro Program**

Rosalee related concerns from horse owners about recent news that the
BLM is considering euthanizing some wild horses that are being held in
long term facilities. (The BLM recently stated concerns about costs of
caring for horses, and the impact that dwindling adoption demand is
having on holding costs.)

There was continuing discussion about budget concerns associated with
the program and the possibility that gathers and adoption events may be
curtailed. Nancy Huffman said that curtailing gathers from rangelands
will make problems worse.

> *A consensus of the members present was that BLM needs to address the
> escalating problem of funding and feeding horses off the range and
> focus on managing horses on the range. All parties should be at the
> table to arrive at a method to address the problem. The problem should
> not be perpetuated*.

**Closing Business**

Next meeting: The Eagle Lake Field Office will host Thursday and Friday
Feb. 19 and 20. The RAC will meet from 1 to 5 p.m. on the first day and
from 8 a.m.to noon on the second. There will be no field tour.

Agenda items: Wild Horse and Burro Program update, Modoc Line update
from the Lassen Land and Trails Trust, Kramer Ranch Land Exchange,
implementation plans for the new resource management plans, Bly Tunnel
update, Leonard Hot Springs cultural site update, Sand Springs cultural
resource site update.

The meeting was adjourned.

*Summary notes compiled by*

*Jeff Fontana, public affairs officer*

*BLM Northern California*

*Note: Attachments referenced in these notes can be obtained by
contacting Public Affairs Officer Jeff Fontana at (530) 252-5332 or
emailing jfontana@blm.gov*