NORTHERN CHEYENNE MITIGATION APPENDIX

NORTHERN CHEYENNE MITIGATION APPENDIX

CHE-1

NORTHERN CHEYENNE MITIGATION APPENDIX

BLM meets its trust responsibility to protect American Indian trust resources and assets (trust resources) by first 

considering the potential impact of the proposed activity on identified trust resources. BLM then consults with the 

appropriate tribal government to obtain their comments on potential impacts to trust resources, along with possible 

protective measures. BLM considers the tribal government's comments and then determines what measures would 

be required to protect trust resources. BLM's decision has to consider, but not necessarily defer to, the comments of 

the tribal government on measures adequate to protect trust resources.

On August 13, 2002 the Northern Cheyenne Tribe proposed a series of mitigating measures for CBNG development 

under Alternative E, the preferred alternative for the Statewide document. A copy of the complete letter is available 

from the BLM. It is assumed that similar mitigation measures would be requested under Alternative H, and so they 

are addressed here. If different measures are submitted by the Northern Cheyenne, or any Native American Tribe, 

they will be similarly considered.

,The left hand column of the following table contains the proposed mitigating measures. The center column contains 

the measures BLM planned to use to protect tribal trust resources, or other area resource values of importance to the 

Tribe under Alternative E. The right hand column addresses these measures under Alternative H.

These mitigating measures would be imposed on operators at the APD approval stage of development as needed on 

a case-by-case basis; or followed by BLM on a programmatic basis. The mitigation measures would only be applied 

on those lands/minerals where BLM has the authority. Some of the Tribe's mitigating measures do not have 

corresponding mitigation proposed by BLM due to limits in BLM authorities. Such instances are noted in the table 

and remain as mitigation options that may be undertaken by other agencies involved in the permitting process.
NORTHERN CHEYENNE MITIGATION APPENDIX

CHE-2

Northern Cheyenne Tribe—

Proposed Mitigation

BLM Mitigation Measures Under 

Alternative E

BLM Mitigation Measures Under 

Alternative H

Part I, Natural Resources:

A. Protection of Reservation Groundwater

1. Buffer Zone. An initial buffer 

zone of 14 miles will be 

maintained around the Northern 

Cheyenne Reservation exterior 

boundaries. This is the minimum 

necessary to assure that 

Reservation groundwaters are not 

adversely affected by offReservation CBNG development.

If proposed development of CBNG resources 

is located in aquifers with hydrologic 

connectivity to groundwater resources of the 

Northern Cheyenne Reservation, the 

following measures would be required:

The operator1 would be required to determine 

the potential for proposed field development2

to affect Reservation groundwater when 

CBNG production is proposed.

The 14-mile buffer zone proposed by the 

Northern Cheyenne Tribe would not be 

applied. This buffer zone is based on a 

theoretical maximum drawdown radius 

assuming uniform geologic and hydrologic 

conditions in a 2D model. Groundwater 

modeling that accounts for geologic faults, 

irregularities, and vertical leakage was 

prepared for the Final EIS. The modeling 

predicts a drawdown radius of 4 to 5 miles (in 

the Hanging Woman Creek drainage). These 

results more accurately represent anticipated 

site conditions and are consistent with the 

Montana Department of Natural Resources 

(DNRC) and Conservation, Water Resources 

Division, Technical Advisory Committee 

(TAC) recommended minimum of 3-miles. 

This recommendation is in the TAC's 

guidance document for meeting the 

requirements of the Montana Board of Oil and 

Gas Conservation (MBOGC) Order No. 99-99 

that requires an evaluation of 

pre-development ground water conditions, 

plus monitoring and evaluations, including 

procedures for monitoring and reporting the 

effects of CBNG development on water users.

Protection of Reservation groundwater would 

not rely on a buffer zone. Instead, the operator 

would be required to conduct geologic and 

hydrologic evaluations for CBNG production 

wells to be located in areas that may have 

hydrologic connectivity with Reservation 

groundwater. When the site-specific studies 

triggered by the aforementioned criteria 

determine there would be an effect to 

Reservation groundwater, the operator must 

develop and apply measures to prevent the 

impact of groundwater withdrawal and 

monitor the effectiveness of such measures.

If proposed development of CBNG 

resources is located in aquifers with 

hydrologic connectivity to groundwater 

resources of the Northern Cheyenne 

Reservation, the following measures 

would be required:

The operator1 would be required to 

determine the potential for proposed field 

development2 to affect Reservation 

groundwater when CBNG production is 

proposed.

The 14-mile buffer zone proposed by the 

Northern Cheyenne Tribe would not be 

applied. This buffer zone is based on a 

theoretical maximum drawdown radius 

assuming uniform geologic and 

hydrologic conditions in a 2D model. 

Groundwater modeling that accounts for 

geologic faults, irregularities, and vertical 

leakage was prepared for the Final EIS. 

The modeling predicts a drawdown 

radius of 4 to 5 miles. Groundwater 

monitoring to date indicates drawdown 

extending approximately 1.5 miles from 

production fields.

For proposed federal CBNG development 

within 5 miles of the Northern Cheyenne 

and Crow Indian Reservations, the BLM, 

in consultation with the tribes, would 

require site-specific groundwater and air 

analyses. This groundwater analysis 

would also address CBNG drainage 

issues. The operator’s analyses must 

demonstrate that the overall POD would 

be protective of Indian Trust, 

groundwater, CBNG, and air quality. If 

the analysis indicated that unacceptable 

levels of impairment to these resources 

would occur and could not be mitigated 

in consultation with the tribes, the BLM 

would not approve the APDs. Additional 

monitoring of groundwater and air may 

be required within this buffer to 

demonstrate model adequacy.
NORTHERN CHEYENNE MITIGATION APPENDIX

CHE-3

Northern Cheyenne Tribe—

Proposed Mitigation

BLM Mitigation Measures Under 

Alternative E

BLM Mitigation Measures Under 

Alternative H

2. Groundwater Monitoring. The 

BLM will not issue permits to drill 

within the 14-mile buffer zone 

until sufficient hydrological 

information exists to clearly and 

convincingly demonstrate that 

CBNG production closer to the 

Reservation will not cause 

drawdown of Reservation 

groundwater resources. Prior to 

and in the first years of CBNG 

development outside the 14-mile 

buffer zone, BLM will conduct 

intensive monitoring within the 

14-mile buffer zone to generate 

site-specific information regarding 

local aquifer drawdown. 

Monitoring wells (nested 

piezometers) will be installed 

within the buffer zone on the order 

of at least one cluster per 

township. A cluster would include 

well screens in appropriate coal 

seams, overlying aquifers, and 

alluvial aquifers. More monitoring 

wells may be necessary as 

development increases in the basin 

and/or water-level declines are 

observed. The monitoring wells 

will be located on federal land or, 

if possible, on private or state land 

by negotiation. The wells will be 

installed as soon as possible before 

production begins to ensure that 

adequate baseline data is available 

(at least three years). Water-level 

measurements will be obtained 

from each cluster at least once a 

month. If declining water levels 

are observed through monthly data 

collection, a continuously 

recording data-logger will be 

installed in the monitoring well to 

more accurately determine 

changing water levels. The Tribe 

will be privy to the design and 

results of this groundwater 

monitoring program.

For CBNG wells located in aquifers with 

hydrologic connectivity to Reservation 

groundwater, the operator would be required 

to conduct a geologic and hydrologic 

evaluation prior to field development that 

identifies the potential for CBNG production 

to affect Reservation groundwater resources.

CBNG project plans must include measures to 

prevent the impact of CBNG production on 

Reservation groundwater.

When determined necessary by BLM, 

operators would be required to install 

monitoring wells to verify the effect of CBNG 

production on Reservation groundwater 

resources.

Specific operator monitoring plans must 

include a hydrologic evaluation; describe the 

well location(s), aquifer(s) monitored, 

parameters monitored, baseline data 

acquisition, and response actions to adverse 

monitoring results. All groundwater 

monitoring data would become public 

information and made available to the Tribe.

BLM may approve CBNG production upon 

completion of the geologic and hydrologic 

evaluation, and installation and equipping of 

any required monitoring wells.

See #1 above.
NORTHERN CHEYENNE MITIGATION APPENDIX

CHE-4

Northern Cheyenne Tribe—

Proposed Mitigation

BLM Mitigation Measures Under 

Alternative E

BLM Mitigation Measures Under 

Alternative H

3a. Federal Development within 

Buffer Zone. Groundwater 

modeling based on the site-specific 

information generated by the 

above intensive monitoring 

program will be used by BLM in 

consultation with the Tribe to 

determine, in clear and convincing 

fashion, whether and to what 

extent federal CBNG production 

can occur within the 14-mile 

buffer zone without causing 

drawdown of Reservation 

groundwater. At least five years of 

intensive monitoring of the effects 

of CBNG production outside the 

buffer zone will be required before 

making any decision on whether to 

proceed with development within 

the buffer zone. Such decision will 

be made in consultation with the 

Tribe.

Operators would be required to prepare 

site-specific analysis prior to field 

development to determine if federal CBNG 

production would affect Reservation 

groundwater.

Where this analysis shows a potential to affect 

Reservation groundwater, the Tribe would be 

consulted as to appropriate protection 

measures.

Operators would be required to monitor the 

impact of CBNG production on groundwater 

throughout the well life and after closure, if 

necessary.

Within 5 miles of the Northern Cheyenne 

and Crow Reservations, operators would 

be required to prepare site-specific 

analysis prior to field development to 

determine if federal CBNG production 

would affect Reservation groundwater.

Where this analysis shows a potential to 

affect Reservation groundwater, the Tribe 

would be consulted as to appropriate 

protection measures.

Operators would be required to monitor 

the impact of CBNG production on 

groundwater throughout the well life and 

after closure, if necessary.

3b. Federal Development within 

Buffer Zone. BLM will not issue 

permits to drill within the buffer 

zone until sufficient information 

exists to clearly and convincingly 

demonstrate that such production 

will have no adverse effect on 

Reservation aquifers. Any decision 

to proceed with drilling within the 

buffer zone will be made in 

consultation with the Tribe and 

consider the likely cumulative 

impacts from State-authorized 

production of CBMCBNG 

resources associated with State and 

private lands. Authorization of 

federal CBNG production within 

the buffer zone will begin with 

those tracts farthest from the 

Reservation that have the least 

potential to affect Reservation 

groundwater.

Operators would be required to provide an 

analysis of the hydrologic impact of CBNG 

production wells and identify any potential 

effect to Reservation groundwater resources.

The Powder River Basin Controlled 

Groundwater Area standards would be applied 

by the state, to state and private leases, and 

would be enforced by BLM on federal leases.

Where there is a potential for affecting 

Reservation groundwater, monitoring plans 

would be developed by the operator and 

approved by BLM in consultation with the 

Tribe.

Site-specific analysis would determine the 

timing of CBNG production adjacent to the 

Reservation.

Operators would be required to provide 

an analysis of the hydrologic impact of 

CBNG production wells and identify any 

potential effect to Reservation 

groundwater resources.

The Powder River Basin Controlled 

Groundwater Area standards would be 

applied by the state, to state and private 

leases, and would be enforced by BLM 

on federal leases.

Where there is a potential for affecting 

Reservation groundwater, monitoring 

plans would be developed by the operator 

and approved by BLM in consultation 

with the Tribe.

Site-specific analysis would determine 

the timing of CBNG production adjacent 

to the Reservation.
NORTHERN CHEYENNE MITIGATION APPENDIX

CHE-5

Northern Cheyenne Tribe—

Proposed Mitigation

BLM Mitigation Measures Under 

Alternative E

BLM Mitigation Measures Under 

Alternative H

3c. Federal Development within 

Buffer Zone. After commencement 

of production, monitoring of 

groundwater will be expanded to 

verify that CBNG production does 

not result in any drawdown of 

Reservation groundwater, all in 

consultation with the Tribe. Prior 

to production, monitoring wells 

(nested piezometers) will be 

installed along the northern and 

eastern boundaries of the 

Reservation on the order of at least 

one cluster (see # 2, above) per 

adjacent township. More wells 

may be necessary as development 

increases in the basin and/or 

water-level declines are observed. 

The wells will be installed as soon 

as possible before development to 

ensure that adequate baseline data 

is available (at least three years). 

Water-level measurements will be 

obtained from each cluster at least 

once a month. If declining water 

levels are observed through 

monthly data collection, a 

continuously recording data logger 

will be installed in the monitoring 

well to more accurately determine 

changing water levels.

Operators may be required to expand their 

monitoring plans as production continues if a 

decline in Reservation groundwater levels 

occurs that is attributable to their operations.

Operators may be required to fund or install 

monitoring wells on Reservation lands in 

order to document impacts to Tribal 

resources. Monitoring wells placed on the 

Reservation would be subject to approval by 

the Tribal government. All results of 

groundwater monitoring would become public 

information.

Regional monitoring wells, independent of 

specific operators, are currently being 

installed by the BLM and USGS. The USGS 

is installing 6 well clusters along the southern 

boundary of the Northern Cheyenne 

Reservation. The BLM is installing 9 well 

clusters throughout the PRB study area. These 

regional wells would assist in identifying 

groundwater drawdown impacts from CBNG 

development. The BLM plans to install 

additional monitoring wells in 2003 and 2004.

Monitoring of groundwater may be 

required within the buffer to demonstrate 

model adequacy. Operators may be 

required to expand their monitoring plans 

as production continues if a decline in 

Reservation groundwater levels occurs 

that is attributable to their operations.

Operators may be required to fund or 

install monitoring wells on Reservation 

lands in order to document impacts to 

Tribal resources. Monitoring wells placed 

on the Reservation would be subject to 

approval by the Tribal government. All 

results of groundwater monitoring would 

become public information.

A regional groundwater monitoring 

network is being implemented by the 

IWG (Northern Cheyenne, USGS, 

MBMG, FS and BLM) which includes 

226 wells and 27 springs.
NORTHERN CHEYENNE MITIGATION APPENDIX

CHE-6

Northern Cheyenne Tribe—

Proposed Mitigation

BLM Mitigation Measures Under 

Alternative E

BLM Mitigation Measures Under 

Alternative H

4a. State-Authorized Development 

within Buffer Zone. If, prior to the 

decision to proceed with Federal 

development of CBNG resources 

within the 14-mile buffer, the State 

authorizes CBNG development 

within the buffer, the Federal 

government will act to protect the 

Tribe's groundwater resources by 

funding the on-Reservation 

groundwater monitoring outlined 

above.

BLM would continue to participate in 

programs to collect data from existing 

monitoring wells and install additional 

monitoring wells to provide for monitoring of 

impacts to Reservation groundwater levels.

BLM would continue to participate in 

programs to collect data from existing 

monitoring wells and install additional 

monitoring wells to provide for 

monitoring of impacts to Reservation 

groundwater levels.

4b. State-Authorized Development 

within Buffer Zone. Prior to any 

state-authorized CBNG 

development, the BLM and other 

federal agencies will assist the 

Tribe in negotiating and obtaining 

agreements with the State of 

Montana and private landowners 

to protect Tribal resources from 

such development. Such 

agreements may well require: (a) 

installation of a hydrologic barrier 

consisting of a series of wells 

between the Reservation and 

developing fields that inject water 

into the coal seam(s) to maintain 

the hydrostatic pressure in the 

formation and prevent the 

depletion of groundwater; (b) 

provision of alternative water 

supplies by drilling deeper wells or 

conveyance of water from 

locations not affected by CBNG 

development; and (c) 

compensation to the Tribe and its 

members for any accrued damage.

The BLM recognizes its responsibility to 

protect tribal trust resources and would take 

the appropriate action(s) on a case-by-case 

basis.

The BLM would use all reasonable means to 

assure that Reservation groundwater is not 

adversely affected by off- Reservation CBNG 

development and that impacts to groundwater 

can be prevented.

The BLM recognizes its responsibility to 

protect tribal trust resources and would 

take the appropriate action(s) on a 

case-by-case basis.

The BLM would use all reasonable 

means to assure that Reservation 

groundwater is not adversely affected by 

off- Reservation CBNG development and 

that impacts to groundwater can be 

prevented.

5a. Remedies for Damage to 

Reservation Groundwater 

Resources. If monitoring wells 

located along the Reservation 

boundary detect measurable water 

level declines from the baseline, 

BLM will immediately halt any 

federally authorized production 

within the buffer zone.

BLM would require operators to modify 

federal CBNG production if monitoring 

shows production is resulting in an effect to 

groundwater on the Reservation. BLM 

requirements could include reducing 

production rates, shutting in the well, or 

requiring the operator to provide 

compensation to the Tribe.

The operator must mitigate the impact of 

groundwater withdrawal prior to resuming full 

production.

BLM would require operators to modify 

federal CBNG production if monitoring 

shows production is resulting in an effect 

to groundwater on the Reservation. BLM 

requirements could include reducing 

production rates, shutting in the well, or 

requiring the operator to provide 

compensation to the Tribe.

The operator must mitigate the impact of 

groundwater withdrawal prior to 

resuming full production.
NORTHERN CHEYENNE MITIGATION APPENDIX

CHE-7

Northern Cheyenne Tribe—

Proposed Mitigation

BLM Mitigation Measures Under 

Alternative E

BLM Mitigation Measures Under 

Alternative H

5b. Remedies for Damage to 

Reservation Groundwater 

Resources. The United States will 

also take legal action on behalf of 

the Tribe (or fund legal action by 

the Tribe) to halt any 

State-authorized production that is 

causing such water level declines

on the Reservation and to obtain 

compensation for all accrued 

damage to the Tribe and its 

members.

The BLM recognizes its responsibility to 

protect tribal trust resources and would take 

the appropriate action(s) on a case-by-case 

basis.

The BLM recognizes its responsibility to 

protect tribal trust resources and would 

take the appropriate action(s) on a 

case-by-case basis.

B. Protection of Reservation CBNG Resources

1. CBNG Monitoring. The 

groundwater monitoring described 

in Section I.A. will also include

close monitoring of hydrostatic 

pressure and analysis of CBNG 

drainage within the buffer zone.

BLM would use its existing regulations (43 

CFR 3160) to require that operators provide 

the production data and analysis needed for 

BLM to determine if drainage of Reservation 

CBNG is occurring.

BLM would use its existing regulations 

(43 CFR 3160) to require that operators 

provide the production data and analysis 

needed for BLM to determine if drainage 

of Reservation CBNG is occurring.

The additional groundwater analysis and 

monitoring required within the 5-mile 

buffer would also assist in the analysis of 

the potential for Tribal CBNG drainage.

2a. Federal Development within 

Buffer Zone. BLM will not issue 

permits to drill within the 14-miIe 

buffer zone until sufficient 

information exists to clearly and 

convincingly demonstrate that 

CBNG production will not drain 

Reservation methane resources. 

Any decision to proceed with 

production within the buffer zone 

will be made in consultation with 

the Tribe and consider the likely 

cumulative impacts on Reservation 

CBNG reserves from stateauthorized production of state and 

private CBNG resources.

The BLM has a responsibility to use 

reasonable means to prevent drainage of 

Reservation CBNG from extraction on federal 

lands.

Operators would be required to provide an 

analysis prior to field development in areas of 

potential drainage of Reservation CBNG 

resources. In this analysis, operators must 

demonstrate that CBNG production would not 

be likely to drain Reservation CBNG 

resources.

The BLM has a responsibility to use 

reasonable means to prevent drainage of 

Reservation CBNG from extraction on 

federal lands.

Operators would be required to provide 

an analysis prior to field development in 

areas of potential drainage of Reservation 

CBNG resources. In this analysis, 

operators must demonstrate that CBNG 

production would not be likely to drain 

Reservation CBNG resources.

The additional groundwater analysis and 

monitoring required within the 5-mile 

buffer would also assist in the analysis of 

the potential for Tribal CBNG drainage.

2b. Federal Development within 

Buffer Zone. At least five years 

intensive monitoring of CBNG 

drainage from CBNG production 

outside the buffer zone will be 

required before any decision to 

proceed with development within 

the buffer zone.

Specific evaluations would be required for 

CBNG wells drilled in areas that could 

potentially drain Reservation CBNG. Such 

evaluations would include modeling of CBNG 

reservoirs to calculate the potential for 

drainage of Reservation CBNG. All 

evaluations would be made available to the 

Tribe.

Specific evaluations would be required 

for CBNG wells drilled in areas that 

could potentially drain Reservation 

CBNG. Such evaluations would include 

modeling of CBNG reservoirs to 

calculate the potential for drainage of 

Reservation CBNG. All evaluations 

would be made available to the Tribe.

The additional groundwater analysis and 

monitoring required within the 5-mile 

buffer would also assist in the analysis of 

the potential for Tribal CBNG drainage.
NORTHERN CHEYENNE MITIGATION APPENDIX

CHE-8

Northern Cheyenne Tribe—

Proposed Mitigation

BLM Mitigation Measures Under 

Alternative E

BLM Mitigation Measures Under 

Alternative H

2c. Federal Development within 

Buffer Zone. Authorization of 

federal CBNG production within 

the buffer zone will begin with 

those tracts farthest from the 

Reservation that have the least 

potential to drain Reservation 

CBNG resources.

Operators would be required to provide 

analysis prior to field development to 

determine whether and to what extent federal 

CBNG production would drain Reservation 

CBNG.

The analysis would be used by BLM to 

determine the timing of CBNG production 

adjacent to the Reservation boundary in order 

to protect Reservation CBNG resources from 

drainage.

Operators would be required to provide 

analysis prior to field development to 

determine whether and to what extent 

federal CBNG production would drain 

Reservation CBNG.

The analysis would be used by BLM to 

determine the timing of CBNG 

production adjacent to the Reservation 

boundary in order to protect Reservation 

CBNG resources from drainage.

The additional groundwater analysis and 

monitoring required within the 5-mile 

buffer would also assist in the analysis of 

the potential for Tribal CBNG drainage.

2d. Federal Development within 

Buffer Zone. After commencement 

of production, CBNG drainage 

monitoring will be implemented 

along the Reservation boundary as 

provided in Section I.A. above to 

verify that CBNG production does 

not result in any drainage of 

Reservation methane resources.

Operators may be required to provide updated 

information for reservoir modeling during 

production in order to monitor the potential 

for drainage of CBNG resources from the 

Reservation.

Operators may be required to provide 

updated information for reservoir 

modeling during production in order to 

monitor the potential for drainage of 

CBNG resources from the Reservation.

The additional groundwater analysis and 

monitoring required within the 5-mile 

buffer would also assist in the analysis of 

the potential for Tribal CBNG drainage.
NORTHERN CHEYENNE MITIGATION APPENDIX

CHE-9

Northern Cheyenne Tribe—

Proposed Mitigation

BLM Mitigation Measures Under 

Alternative E

BLM Mitigation Measures Under 

Alternative H

3a. State-Authorized CBNG 

Development within Buffer Zone. 

If prior to the decision to proceed 

with federal development CBNG 

resources within the 14-mile 

buffer, the state authorizes CBNG 

development within the buffer, 

BLM and other federal agencies 

will protect the Tribe's CBNG 

resource by funding a full 

characterization of Reservation 

CBNG resources and onReservation monitoring of CBNG 

drainage.

The BLM recognizes its responsibility to 

protect tribal trust resources and would take 

the appropriate action(s) on a case-by-case 

basis.

The BLM and the Technical Advisory 

Committee (TAC) are developing a regional 

monitoring program. Part of BLM's program 

during the first year of groundwater 

monitoring includes drilling, equipping, and 

testing monitoring wells adjacent to the Crow 

and Northern Cheyenne Reservations. The 

intent of the monitoring is to establish 

baseline data in advance of development and 

to determine if there are CBNG impacts to 

Tribal resources. The Tribe, through its efforts 

with the USGS, would also have baseline data 

through its current drilling efforts. The USGS 

is installing 6 monitoring well clusters along 

the southern Reservation boundary. The Tribe 

could participate as a member of the TAC in 

order to be involved in the process and 

provide recommendations for mitigation 

measures. The guidance document developed 

by the TAC within the Powder River Basin 

Controlled Ground Water Area (PRBCGA) 

would assist CBNG operators in complying 

with the technical requirements described in 

the PRBCGA Final Order and Montana Board 

of Oil and Gas Conservation Order No. 99-99. 

The PRBCGA Final Order identifies essential 

elements necessary for detecting and 

mitigating impacts from CBNG development 

that needs to be addressed for groundwater 

characterization and monitoring plans.

The BLM monitoring wells are being installed 

in nine clusters distributed throughout the 

PRB, with well clusters near the southern 

boundary of the Northern Cheyenne 

Reservation in the Bull Creek and Dale Creek 

drainages. The BLM plans to install additional 

monitoring wells in 2003 and 2004.

The BLM recognizes its responsibility to 

protect tribal trust resources and would 

take the appropriate action(s) on a 

case-by-case basis.

The Water Interagency Working Group 

has developed a regional monitoring 

program. The intent of the monitoring is 

to establish baseline data in advance of 

development and to determine if there are 

CBNG impacts. The Tribe, through its 

efforts with the USGS, also has baseline 

data through its current drilling efforts. 

The guidance document developed by the 

TAC within the Powder River Basin 

Controlled Ground Water Area 

(PRBCGA) would assist CBNG operators 

in complying with the technical 

requirements described in the PRBCGA 

Final Order and Montana Board of Oil 

and Gas Conservation Order No. 99-99. 

The PRBCGA Final Order identifies 

essential elements necessary for detecting 

and mitigating impacts from CBNG 

development that needs to be addressed 

for groundwater characterization and 

monitoring plans.

This regional monitoring of groundwater 

would assist in the analysis of the 

potential for Tribal CBNG drainage.
NORTHERN CHEYENNE MITIGATION APPENDIX

CHE-10

Northern Cheyenne Tribe—

Proposed Mitigation

BLM Mitigation Measures Under 

Alternative E

BLM Mitigation Measures Under 

Alternative H

3b. State-Authorized CBNG 

Development within Buffer Zone. 

Prior to any state-authorized 

CBNG development within the 

14-mile buffer zone, the BLM and 

other federal agencies will assist 

the Tribe in negotiating and 

obtaining agreements with the 

State of Montana and private 

landowners to protect Reservation 

CBNG resources. Such agreements 

may well require: (a) installation 

of a hydrologic barrier consisting 

of a series of wells between the 

Reservation and developing fields 

that inject water into the coal 

seam(s) to maintain the hydrostatic 

pressure in the formation and 

prevent the drainage of CBNG, 

and (b) financial compensation to 

the Tribe or Tribal allottees for any 

CBNG drained from Reservation 

lands and any other associated 

damage.

The BLM recognizes its responsibility to 

protect tribal trust resources and would take 

the appropriate action(s) on a case-by-case 

basis.

In order to protect the correlative rights of the 

Tribe, the BLM would represent the Tribe at 

Montana Board of Oil and Gas Conservation 

(MBOGC) hearings that set spacing units for 

the production of CBNG resources, including 

state and private lands. The BLM would work 

with the MBOGC under its existing 

Memorandum of Understanding to protect 

Tribal resources that may be affected by state 

or private permits or establishment of CBNG 

spacing units adjacent to Tribal resources. In 

addition, the BLM, as a member of the 

technical advisory committee administered by 

the DNRC Water Management Division, 

would make recommendations to the 

MBOGC on the Tribe's behalf regarding 

monitoring requirements and mitigation of 

impacts.

The BLM recognizes its responsibility to 

protect tribal trust resources and would 

take the appropriate action(s) on a 

case-by-case basis.

In order to protect the correlative rights 

of the Tribe, the BLM would represent 

the Tribe at Montana Board of Oil and 

Gas Conservation (MBOGC) hearings 

that set spacing units for the production 

of CBNG resources, including state and 

private lands. The BLM would work with 

the MBOGC under its existing 

Memorandum of Understanding to 

protect Tribal resources that may be 

affected by state or private permits or 

establishment of CBNG spacing units 

adjacent to Tribal resources. In addition, 

the BLM, as a member of the technical 

advisory committee administered by the 

DNRC Water Management Division, 

would make recommendations to the 

MBOGC on the Tribe's behalf regarding 

monitoring requirements and mitigation 

of impacts.

4a. Remedies for Damage to 

CBNG Resource. If monitoring 

wells located along the 

Reservation boundary detect 

CBNG drainage, BLM will 

immediately halt any federally 

authorized production within the 

14-mile buffer zone.

The interests of the Tribe would be considered 

prior to authorization of Federal production 

that may potentially drain Reservation CBNG 

resources. In establishing well spacing on 

Federal lands, protection against drainage of 

Reservation CBNG resources would be a 

priority. If monitoring or reservoir modeling 

indicates drainage of CBNG resources is 

occurring, the BLM would enter negotiations 

with the operator and the Tribe to protect the 

correlative rights of the Tribe. BLM 

requirements could include reducing 

production rates, shutting in the well, 

establishment of communitization 

agreements, or requiring the operator to pay 

compensatory royalty.

The interests of the Tribe would be 

considered prior to authorization of 

Federal production that may potentially 

drain Reservation CBNG resources. For 

proposed federal CBNG development 

within 5 miles of the Northern Cheyenne 

and Crow Indian Reservations, the BLM, 

in consultation with the tribes, would 

require site-specific groundwater and air 

analyses. The operator’s analyses must 

demonstrate that the overall POD would 

be protective of Indian Trust, 

groundwater, CBNG, and air quality. If 

the analysis indicated that unacceptable 

levels of impairment to these resources 

would occur and could not be mitigated 

in consultation with the tribes, the BLM 

would not approve the APDs. 

In establishing well spacing on Federal 

lands, protection against drainage of 

Reservation CBNG resources would be a 

priority. If monitoring or reservoir 

modeling indicates drainage of CBNG 

resources is occurring, the BLM would 

enter negotiations with the operator and 

the Tribe to protect the correlative rights 

of the Tribe. BLM requirements could 

include reducing production rates, 

shutting in the well, establishment of 

communitization agreements, or requiring 

the operator to pay compensatory royalty.
NORTHERN CHEYENNE MITIGATION APPENDIX

CHE-11

Northern Cheyenne Tribe—

Proposed Mitigation

BLM Mitigation Measures Under 

Alternative E

BLM Mitigation Measures Under 

Alternative H

4b. Remedies for Damage to 

CBNG Resource. The United 

States will take legal action on the 

Tribe’s behalf (or fund legal action 

by the Tribe) to halt any 

state-authorized production that is 

found to be draining CBNG 

resources from the Northern 

Cheyenne Reservation and to 

obtain compensation for all 

accrued damage to the Tribe and 

its members.

The BLM recognizes its responsibility to 

protect tribal trust resources and would take 

the appropriate action(s) on a case-by-case 

basis.

To protect the correlative rights of the Tribe, 

the BLM would represent the Tribe at the 

MBOGC hearings that set well spacing for 

production of CBNG resources on state and 

private lands. The BLM will work with the 

MBOGC under its existing MOU to protect 

Tribal resources that may be affected by 

approval of state or private permits or 

establishment of CBNG well spacing units 

adjacent to Tribal resources.

The BLM recognizes its responsibility to 

protect tribal trust resources and would 

take the appropriate action(s) on a 

case-by-case basis.

For proposed federal CBNG development 

within 5 miles of the Northern Cheyenne 

and Crow Indian Reservations, the BLM, 

in consultation with the tribes, would 

require site-specific groundwater and air 

analyses. The operator’s analyses must 

demonstrate that the overall POD would 

be protective of Indian Trust, 

groundwater, CBNG, and air quality. If 

the analysis indicated that unacceptable 

levels of impairment to these resources 

would occur and could not be mitigated 

in consultation with the tribes, the BLM 

would not approve the APDs. 

To protect the correlative rights of the 

Tribe, the BLM would represent the 

Tribe at the MBOGC hearings that set 

well spacing for production of CBNG 

resources on state and private lands. The 

BLM will work with the MBOGC under 

its existing MOU to protect Tribal 

resources that may be affected by 

approval of state or private permits or 

establishment of CBNG well spacing 

units adjacent to Tribal resources.

5. Northern Cheyenne Involvement 

in Monitoring and Analysis. 

Training and employment will be 

provided to qualified and available 

Tribal members to involve them, 

to the fullest extent feasible, in all 

programs set forth in this 

Mitigation Plan to monitor and 

analyze effects on Reservation 

groundwater, CBNG resources, 

surface water, air quality and 

subsistence and cultural sites and 

values.

The monitoring programs sponsored by BLM 

are open to contracting by qualified Tribal 

members or companies.

The monitoring programs sponsored by 

BLM are open to contracting by qualified 

Tribal members or companies.
NORTHERN CHEYENNE MITIGATION APPENDIX

CHE-12

Northern Cheyenne Tribe—

Proposed Mitigation

BLM Mitigation Measures Under 

Alternative E

BLM Mitigation Measures Under 

Alternative H

C. Reservation Surface Water

1. Reinjection or Treatment. All 

produced water from development 

of federal CBNG resources

upstream of the Reservation in 

both Montana and Wyoming will 

either be reinjected (as provided 

for in DEIS Alternative B) or 

treated prior to discharge to meet 

the Northern Cheyenne Tribe's 

surface water quality standards (as 

provided in DEIS Alternative D). 

A special emphasis is placed on 

the Sodium Adsorption Ratio 

(SAR) and Electrical Conductivity 

(EC) parameters, especially during 

the irrigation season. Surface water 

flow and quality will be monitored 

to ensure that illegal discharges are 

not occurring. BLM or other 

federal agencies will provide the 

Tribe with funding to cover the 

costs of surface water monitoring 

on the Reservation.

Management of all federal produced water 

would be required to comply with Onshore 

Oil and Gas Order #7. Operators would be 

required to submit and receive approval of 

produced water management plans as part of 

their drilling and production plans. The water 

management plans would have to specify 

water treatment, disposal, and monitoring 

methods that would be followed in order to 

meet the state and EPA or Tribal water quality 

standards at the point of compliance. BLM 

would not approve any produced water permit 

applications until any necessary State, EPA, 

or Tribal permits required for water 

management actions were obtained.

Management of all federal produced 

water would be required to comply with 

Onshore Oil and Gas Order #7. Operators 

would be required to submit and receive 

approval of produced water management 

plans as part of their drilling and 

production plans. The water management 

plans would have to specify the methods 

that would be followed in order to 

comply with the Clean Water Act. BLM 

would not approve the discharge of 

CBNG waters to surface waters until any 

necessary State, EPA, or Tribal permits 

were obtained.

The BLM would also require that 

untreated CBNG discharges would be 

cumulatively limited to 10% of the 7Q10 

flow unless monitoring was occurring 

upstream and downstream from the 

outfall. If monitoring were in place the 

water quality thresholds identified in the 

monitoring appendix would be used.

2. Effluent Guidelines and 

Standards of Performance. To 

address discharges of CBNG 

production water from 

state-authorized development in 

Montana and Wyoming, EPA will 

promulgate effluent limitation 

guidelines under Section 304(b) of 

the Clean Water Act and/or 

national standards of performance 

for CBNG production wells under 

Section 306 of the Act. These 

standards and guidelines will 

require reinjection or treatment of 

produced water from new 

production wells. In addition, 

BLM and EPA, in conjunction 

with the Tribe, will encourage the 

states of Montana and Wyoming to 

negotiate a permanent agreement 

that includes the Tribe as a 

contracting party and that requires 

the State of Wyoming to prevent 

degradation of the Tongue River 

from Wyoming-authorized 

discharges.

The EPA and the state would need to 

determine the utility of promulgating effluent 

limits. The BLM would require operators to 

adhere to final regulations promulgated by the 

proper entity.

The EPA and the states of Wyoming and 

Montana would need to determine the utility 

of an agreement on degradation of the Tongue 

River.

The EPA and the state would need to 

determine the utility of promulgating 

effluent limits. The BLM would require 

operators to adhere to final regulations 

promulgated by the proper entity.

The EPA and the states of Wyoming and 

Montana would need to determine the 

utility of an agreement on degradation of 

the Tongue River.

D. Reservation Air Quality
NORTHERN CHEYENNE MITIGATION APPENDIX

CHE-13

Northern Cheyenne Tribe—

Proposed Mitigation

BLM Mitigation Measures Under 

Alternative E

BLM Mitigation Measures Under 

Alternative H

1. Increment Analysis and 

Prevention of Significant 

Deterioration. The FEIS will 

include a regulatory “PSD 

Increment Consumption Analysis” 

for all relevant parameters and 

analyze the impact of such 

consumption on the potential for 

future economic development on 

the Reservation. It is not 

acceptable to the Tribe that this 

analysis be done in a piecemeal 

fashion as CBNG wells and 

compressor stations are permitted. 

On the basis of this increment 

consumption analysis, BLM's 

record of decision must provide for 

a development plan that is not 

likely to result in significant 

consumption of the Reservation's 

PSD Class I increment for any 

relevant parameter.

The BLM requires permitted actions on public 

lands (including oil and gas development) to 

comply with all applicable local, state, tribal, 

and federal air quality laws, regulations, 

standards, and implementation plans.

BLM does not have the responsibility or 

authority to conduct a regulatory PSD 

Increment Consumption Analysis. However, 

the EIS predicts the potential for certain 

impacts and provides that a regulatory PSD 

Increment Consumption Analysis be 

conducted by the appropriate air quality 

regulatory agency (i.e., the Montana DEQ or 

the EPA) during permitting of specific CBNG 

development. This analysis would assess the 

likelihood of an exceedance and could be used 

to develop conditions to prevent a significant 

consumption of a Class I increment if an 

exceedance is determined likely.

Operators would be required to provide the 

information necessary for BLM to conduct an 

analysis of air quality impacts for all relevant 

parameters when submitting their exploration 

APDs or field development project plans. 

BLM would use the information to determine 

the individual and cumulative impact on the 

Reservation’s air quality; disclose the analysis 

results in the appropriate NEPA document; 

and consult with the Tribe when the analysis 

shows impacts from a specific drilling or 

development proposal.

The BLM requires permitted actions on 

public lands (including oil and gas 

development) to comply with all 

applicable local, state, tribal, and federal 

air quality laws, regulations, standards, 

and implementation plans.

BLM does not have the responsibility or 

authority to conduct a regulatory PSD 

Increment Consumption Analysis. 

However, the EIS predicts the potential 

for certain impacts and provides that a 

regulatory PSD Increment Consumption 

Analysis be conducted by the appropriate 

air quality regulatory agency (i.e., the 

Montana DEQ or the EPA) during 

permitting of specific CBNG 

development. This analysis would assess 

the likelihood of an exceedance and could 

be used to develop conditions to prevent 

a significant consumption of a Class I 

increment if an exceedance is determined 

likely.

Operators would be required to provide 

the information necessary for BLM to 

conduct an analysis of air quality impacts 

for all relevant parameters when 

submitting their exploration APDs or 

field development project plans. BLM 

would use the information to determine 

the individual and cumulative impact on 

the Reservation’s air quality; disclose the 

analysis results in the appropriate NEPA 

document; and consult with the Tribe 

when the analysis shows impacts from a 

specific drilling or development proposal. 

For proposed federal CBNG development 

within 5 miles of the Northern Cheyenne 

and Crow Indian Reservations, the BLM, 

in consultation with the tribes, would 

require site-specific air analyses. The 

operator’s analyses must demonstrate that 

the overall POD would be protective of 

Indian Trust, and air quality. If the 

analysis indicated that unacceptable 

levels of impairment to these resources 

would occur and could not be mitigated 

in consultation with the tribes, the BLM 

would not approve the APDs. 
NORTHERN CHEYENNE MITIGATION APPENDIX

CHE-14

Northern Cheyenne Tribe—

Proposed Mitigation

BLM Mitigation Measures Under 

Alternative E

BLM Mitigation Measures Under 

Alternative H

2. Mitigation. The BLM should 

implement all measures to 

minimize air quality degradation 

suggested in Alternative B of the

PFEIS. These include: 

appropriately surfacing roads and 

well locations to reduce fugitive 

dust generated by traffic; applying 

dust suppressors; enforcing speed 

limits on all project roads; 

minimizing construction of roads; 

air quality; requiring use of natural 

gas-fired and electric compressors; 

and optimizing the number of 

wells connected to one 

compressor.

Approval of exploration APDs and field 

development plans would include an analysis 

of the individual and cumulative impacts to 

air quality and be conditioned to prevent 

violations of applicable air quality laws, 

regulations, and standards. Mitigating 

measures may include surfacing roads and 

well locations; applying dust suppressants; 

requiring operators to develop and enforce 

speed limits on project roads; minimizing 

construction of roads; requiring use of natural 

gas-fired and electric compressors; and 

optimizing the number of wells connected to 

one compressor.

Approval of exploration APDs and field 

development plans would include an 

analysis of the individual and cumulative 

impacts to air quality and be conditioned 

to prevent violations of applicable air 

quality laws, regulations, and standards. 

To minimize potential air impacts from 

CBNG operations, the number of wells 

connected to each compressor would be 

maximized, and natural-gas-fired or 

electrical compressors or generators 

would be required. 

To reduce dust, operators of federal 

leases would have to post and enforce 

speed limits for their employees and 

contractors. Operators could work with 

local government to use dust suppression 

techniques on roads.

Transportation corridors would be 

required: proposed roads, flowline routes, 

and utility line routes would be located to 

follow existing routes, or areas of 

previous surface disturbance, where 

possible. 

There would be minimal road 

construction. Prior to approving a road, 

the operator, landowner, the BLM, 

adjacent landowners, and adjacent gas 

leaseholders would coordinate long-term 

planning for roads in the area. 

Discussions with affected parties would 

take place to help meet the transportation 

corridor requirement.
NORTHERN CHEYENNE MITIGATION APPENDIX

CHE-15

Northern Cheyenne Tribe—

Proposed Mitigation

BLM Mitigation Measures Under 

Alternative E

BLM Mitigation Measures Under 

Alternative H

3. Monitoring. The BLM and other 

federal agencies will assist the 

Tribe in carefully monitoring 

impacts to the Reservation's air 

quality, including consumption of 

the Class I increment. Air quality 

monitoring should be conducted 

on the southern and eastern 

boundaries of the Reservation by 

continuous real time monitoring 

systems to ensure that Class I 

standards are not exceeded and 

that substantial consumption of 

Class I increment is not being 

consumed. Areawide monitoring 

will also occur within the 14-mile 

buffer zone. The location and 

frequency of air-quality 

monitoring will be determined 

based on the level of production in 

particular areas and climatic 

conditions.

Operators would conduct air quality 

monitoring, if required, as part of their 

individual air quality permits issued by the 

applicable air quality regulatory agency. This 

could require monitoring of air quality on the 

Reservation where there is a potential for 

impacts.

Other federal agencies, primarily EPA, should 

be contacted to request assistance with 

general monitoring of Reservation air quality.

Operators would conduct air quality 

monitoring, if required, as part of their 

individual air quality permits issued by 

the applicable air quality regulatory 

agency. This could require monitoring of 

air quality on the Reservation where there 

is a potential for impacts.

Other federal agencies, primarily EPA, 

should be contacted to request assistance 

with general monitoring of Reservation 

air quality.

4. Modeling. BLM should 

regularly update the air quality 

model developed as part of the 

NEPA process as new data is 

collected within the basin. If the 

updated model forecasts 

unanticipated impacts on 

Reservation air quality, BLM will 

take corrective action to limit 

further CBNG development in the 

vicinity of the Reservation.

Operators must provide information necessary 

for BLM to conduct an analysis of potential 

air quality impacts for all relevant parameters 

when submitting their exploration APDs and 

field development plans. BLM would 

periodically review these air quality modeling 

analyses in consultation with the Tribe.

Operators must provide information 

necessary for BLM to conduct an analysis 

of potential air quality impacts for all 

relevant parameters when submitting 

their exploration APDs and field 

development plans. BLM would 

periodically review these air quality 

modeling analyses in consultation with 

the Tribe.

5. Remedies. If monitoring and 

modeling finds that offReservation CBNG development is 

causing or threatening to cause 

significant consumption (to be 

precisely defined for each relevant 

air quality parameter in 

consultation with the Tribe) of the 

Reservation's Class I increment for 

any relevant parameter, BLM will 

take measures to restrict the timing 

or location of CBNG development 

in the vicinity of the Reservation 

so that consumption of the air 

quality increment will be reduced 

to less than significant levels. 

Operators in the vicinity of the Reservation 

may be required to restrict the timing or 

location of CBNG development if monitoring 

or modeling by the air quality regulatory 

authority finds their CBNG development is 

causing or threatening to cause noncompliance with applicable local, state, tribal, 

and federal air quality laws, regulations, 

standards, and implementation plans.

Operators within 5 miles of the Northern 

Cheyenne and Crow Reservation 

boundaries may be required to restrict the 

timing or location of CBNG development 

if monitoring or modeling by the air 

quality regulatory authority finds their 

CBNG development is causing or 

threatening to cause non-compliance with 

applicable local, state, tribal, and federal 

air quality laws, regulations, standards, 

and implementation plans.
NORTHERN CHEYENNE MITIGATION APPENDIX

CHE-16

Northern Cheyenne Tribe—

Proposed Mitigation

BLM Mitigation Measures Under 

Alternative E

BLM Mitigation Measures Under 

Alternative H

E. Reservation Wildlife Resources

1. Prior to further CBNG 

development in the Powder River 

RMP area, BLM will fund a 

wildlife study by a contractor 

chosen in consultation with the 

Tribe that: (a) fully assesses the 

likely impact of off-Reservation 

CBNG development on the 

wildlife resources of the Northern 

Cheyenne Reservation; and (b) 

evaluates measures, such as 

establishing buffer zones and 

wildlife refuges to protect critical 

habitat, that will prevent and avoid 

significant impacts to Reservation 

wildlife resources.

The mitigating measures for wildlife are part 

of the standard APD review and approval 

process. In addition, impacts on wildlife, 

including those species on and adjacent to the 

Reservation, would be monitored and 

addressed per the Wildlife Monitoring and 

Protection Plan (see Wildlife Appendix).

The Tribe would be invited to participate in 

the “steering group” that would evaluate 

information gathered during the inventory and 

monitoring phases of the Wildlife Monitoring 

and Protection Plan.

The mitigating measures for wildlife are 

part of the standard APD review and 

approval process. In addition, impacts on 

wildlife, including those species on and 

adjacent to the Reservation, would be 

monitored and addressed per the Wildlife 

Monitoring and Protection Plan (see 

Wildlife Appendix).

The Tribe is active in a steering group via 

the Interagency Working Group to 

evaluate information gathered during the 

inventory and monitoring phases of the 

Wildlife Monitoring and Protection Plan.

2. Based on the findings of the 

wildlife study and in consultation 

with the Tribe, BLM will 

implement, in the form of 

additional RMP amendments, 

leasing stipulations, or operating 

plan conditions, all measures 

found necessary to fully protect 

Reservation wildlife resources 

from the impacts of 

off-Reservation CBNG 

development.

The results of the Wildlife Monitoring and 

Protection Plan would be used to adjust 

conditions of approval at the APD stage. This 

includes measures needed to protect 

Reservation wildlife from the impacts of 

CBNG development.

The results of the Wildlife Monitoring 

and Protection Plan would be used to 

adjust conditions of approval at the APD 

stage. This includes measures needed to 

protect Reservation wildlife from the 

impacts of CBNG development.

F. Noxious Weeds

1. Operating plans will provide 

that vehicles and equipment 

associated with CBNG exploration 

or development must be 

thoroughly washed to remove 

seeds before passing through the 

Reservation. This requirement 

should include all personnel 

including operators, construction 

workers, contractors, and 

researchers.

Operators are responsible for noxious weed 

control on all drill pads, roads, pipelines, and 

other production related sites for the life of 

the facility. Operators would be required to 

include plans to prevent the spread of noxious 

weeds as part of their development plans. The 

noxious weed prevention plans must include 

measures to prevent the spread of weed seeds 

from any vehicles and equipment prior to 

mobilizing it to the project area (this would 

include contractors and researchers).

Operators are responsible for noxious 

weed control on all drill pads, roads, 

pipelines, and other production related 

sites for the life of the facility. Operators 

would be required to include plans to 

prevent the spread of noxious weeds as 

part of their development plans. The 

noxious weed prevention plans must 

include measures to prevent the spread of 

weed seeds from any vehicles and 

equipment prior to mobilizing it to the 

project area (this would include 

contractors and researchers).

2. Operating plans will provide for 

mandatory training of all 

employees and contractors in 

noxious weed awareness and 

prevention.

The Operator would be responsible for the 

training of employees in noxious weed 

awareness and prevention. Training would be 

one required component of the operator's 

noxious weed prevention plans.

The Operator would be responsible for 

the training of employees in noxious 

weed awareness and prevention. Training 

would be one required component of the 

operator's noxious weed prevention plans.
NORTHERN CHEYENNE MITIGATION APPENDIX

CHE-17

Northern Cheyenne Tribe—

Proposed Mitigation

BLM Mitigation Measures Under 

Alternative E

BLM Mitigation Measures Under 

Alternative H

3. Operating plans and permits to 

drill will require use of common 

corridors and minimization of 

roads within the development area 

as provided in Alternative B to the 

DEIS to reduce the spread of 

noxious weeds in the region. All 

development roads will be restored 

to the original contours and 

re-vegetated with the appropriate 

native and/or hearty vegetation. At 

least two years of monitoring at 

the abandoned production field is 

required to ensure that noxious 

weeds have not invaded the area.

Operator reclamation plans for access roads 

and drill sites would include recontouring to 

near original contour and seeding the area 

with a certified weed-free seed mix. Upon 

abandonment, revegetated areas would require 

at least two growing seasons before bond 

release in order to ensure that a self-sustaining 

stand of weed free vegetation had been 

established.

Operator reclamation plans for access 

roads and drill sites would include 

recontouring to near original contour and 

seeding the area with a certified weedfree seed mix. Upon abandonment, 

revegetated areas would require at least 

two growing seasons before bond release 

in order to ensure that a self-sustaining 

stand of weed free vegetation had been 

established.

Part II, Socioeconomic:

A. Specific Socioeconomic Mitigation Measures

The following Employment 

Preference [1a and 1b] will apply 

to all federal and state CBNG 

leases that include lands within 25 

miles of the Reservation boundary.

The BLM has a responsibility to examine the 

socioeconomic impacts on the Northern 

Cheyenne Tribe from off reservation CBNG 

development (see Chapter 4).

The BLM does not have the authority to 

require operators outside the Reservation 

boundary to preferentially hire Native 

Americans.

The BLM has a responsibility to examine 

the socioeconomic impacts on the 

Northern Cheyenne Tribe from off 

reservation CBNG development (see 

Chapter 4).

The BLM does not have the authority to 

require operators outside the Reservation 

boundary to preferentially hire Native 

Americans.

la. Employment Preference.

Indians who live on or near the 

Northern Cheyenne Reservation 

and are qualified and available 

(“Qualified Indians”) will be given 

preference in recruitment, training, 

hiring, promotion, and reductions 

in work force, in all categories of 

employment in operations on or 

near the lease.

The proposed employment preferences can 

only be required for tribal lease operations on 

the Reservation.

The BLM does not have the authority to 

require operators outside the Reservation 

boundary to preferentially hire Native 

Americans.

The proposed employment preferences 

can only be required for tribal lease 

operations on the Reservation.

The BLM does not have the authority to 

require operators outside the Reservation 

boundary to preferentially hire Native 

Americans.
NORTHERN CHEYENNE MITIGATION APPENDIX

CHE-18

Northern Cheyenne Tribe—

Proposed Mitigation

BLM Mitigation Measures Under 

Alternative E

BLM Mitigation Measures Under 

Alternative H

1b. Employment Preference. The 

employment preference will be 

implemented under the terms of a 

separate written agreement 

between the Tribe and the lessee. 

Negotiation of this agreement will 

commence as promptly as possible 

and be conducted with diligence 

and good faith. To expedite the 

negotiation, the United States, 

State of Montana, and Tribe will 

diligently and in good faith 

promptly concur on a Model 

Employment Agreement as a 

guide. Without limitation, the 

Model Employment Agreement 

and each Tribe-lessee agreement 

will include the terms and 

conditions set forth in i through iv 

below. Each Tribe-lessee 

agreement must be approved by 

the United States as to leases of 

federally-owned CBNG, and the 

state as to leases of state or 

privately-owned CBNG:

i. Special programs for the 

recruitment of qualified Indians.

ii. Special programs for the training 

of qualified Indians, including 

on-the-job training and training for 

advancement into supervisory 

positions.

iii. Special workshops for other 

project work force to develop an 

awareness of Indian culture and 

concerns and an understanding of 

the need for and requirements of the 

employment preference.

iv. Preservation of the lessee's 

authority to establish reasonable, 

even-handed, and job-validated 

training programs, employment 

criteria, and work rules for all 

employees, including qualified 

Indians.

v. Notification to all involved labor 

unions of the existence of the 

employment preference and of the 

lessee's duty and intent to abide by 

its terms.

vi. A requirement that project 

contractors and subcontractors 

assume and comply with all terms 

and conditions of the employment 

preference in connection with their 

own project employment practices.

The proposed employment preferences 

agreement can only be required for tribal lease 

operations on the Reservation.

The BLM does not have the authority to 

require operators outside the Reservation 

boundary to enter into the employee 

preference agreement.

The proposed employment preferences 

agreement can only be required for tribal 

lease operations on the Reservation.

The BLM does not have the authority to 

require operators outside the Reservation 

boundary to enter into the employee 

preference agreement.
NORTHERN CHEYENNE MITIGATION APPENDIX

CHE-19

Northern Cheyenne Tribe—

Proposed Mitigation

BLM Mitigation Measures Under 

Alternative E

BLM Mitigation Measures Under 

Alternative H

2. The following Contracting 

Preference (2a and 2b) will apply 

to all federal and state CBNG 

leases that include lands within 25 

miles of the Reservation boundary.

The BLM has a responsibility to examine the 

socioeconomic impacts on the Northern 

Cheyenne Tribe from off-Reservation CBNG 

development (see Chapter 4).

The BLM does not have the authority to 

require operators outside the Reservation 

boundary to preferentially contract with 

Northern Cheyenne Contractors.

The BLM has a responsibility to examine 

the socioeconomic impacts on the 

Northern Cheyenne Tribe from offReservation CBNG development (see 

Chapter 4).

The BLM does not have the authority to 

require operators outside the Reservation 

boundary to preferentially contract with 

Northern Cheyenne Contractors.

2a. Businesses that are 

majority-owned and controlled by 

the Northern Cheyenne Tribe 

and/or its members ("Northern 

Cheyenne Contractors") will be 

given preference in the awarding 

of all contracts and subcontracts 

for the conduct of operations on or 

near the lease, and for the 

procurement of material and 

equipment for such operations.

The proposed contracting preferences can 

only be required for tribal lease operations on 

the Reservation.

The BLM does not have the authority to 

require operators outside the Reservation 

boundary to preferentially contract with 

Northern Cheyenne Contractors.

The proposed contracting preferences can 

only be required for tribal lease 

operations on the Reservation.

The BLM does not have the authority to 

require operators outside the Reservation 

boundary to preferentially contract with 

Northern Cheyenne Contractors.
NORTHERN CHEYENNE MITIGATION APPENDIX

CHE-20

Northern Cheyenne Tribe—

Proposed Mitigation

BLM Mitigation Measures Under 

Alternative E

BLM Mitigation Measures Under 

Alternative H

2b. These preferences will be 

implemented under the terms of a 

separate written agreement 

between the Tribe and the lessee. 

Negotiation of this agreement will 

commence as promptly as possible 

and be conducted with diligence 

and good faith. To expedite the 

negotiation, the United States, 

State of Montana, and Tribe will 

diligently and in good faith 

promptly concur on a Model 

Contracting Agreement as a guide. 

Without limitation, the Model 

Contracting Agreement and each 

Tribe-lessee agreement will 

include the terms and conditions 

set forth in i through iii below. 

Each Tribe-lessee agreement must 

be approved by the United States 

as to leases of federally-owned 

CBNG, and the state as to leases of 

state or privately-owned CBNG:

i. A fair and objective 

procedure under which a 

business entity applying for the 

status of Northern Cheyenne 

Contractor must be certified in 

the following two respects:

(1) as an entity actually 

majority-owned and 

controlled by the Tribe and/or 

a Tribal member; and

(2) as an entity capable of 

competently providing 

particular contract services or 

supplying particular material 

or equipment.

ii. Advance notice to certified 

Northern Cheyenne Contractors 

of service or procurement 

contracts to be awarded for 

which they are qualified.

iii. A requirement that project 

contractors and subcontractors 

assume and comply with all 

terms and conditions of these 

preferences in connection with 

their own project contracting 

and procurement practices.

The proposed contracting preferences 

agreement can only be required for tribal 

leases issued for operations on the 

Reservation.

The BLM does not have the authority to 

require operators outside the Reservation 

boundary to enter into the contracting 

preference agreement.

The proposed contracting preferences 

agreement can only be required for tribal 

leases issued for operations on the 

Reservation.

The BLM does not have the authority to 

require operators outside the Reservation 

boundary to enter into the contracting 

preference agreement.
NORTHERN CHEYENNE MITIGATION APPENDIX

CHE-21

Northern Cheyenne Tribe—

Proposed Mitigation

BLM Mitigation Measures Under 

Alternative E

BLM Mitigation Measures Under 

Alternative H

3. Law and Order; Traffic. The 

following (3a thru 3e) will apply to 

all federal and state CBNG leases 

that include lands within Rosebud, 

Powder River and Bighorn 

Counties. 

The BLM has a responsibility to examine the 

socioeconomic impacts on the Northern 

Cheyenne Tribe from off-Reservation CBNG 

development (see Chapter 4).

The BLM does not have the authority to 

require law and order adherence covenants 

from operators for off- Reservation CBNG 

development.

Compliance with applicable traffic laws is 

necessary for all individuals and companies 

when operating on public roads within the 

Reservation.

The BLM has a responsibility to examine 

the socioeconomic impacts on the 

Northern Cheyenne Tribe from offReservation CBNG development (see 

Chapter 4).

The BLM does not have the authority to 

require law and order adherence 

covenants from operators for offReservation CBNG development.

Compliance with applicable traffic laws 

is necessary for all individuals and 

companies when operating on public 

roads within the Reservation.

3a. The lessee will obtain a 

covenant from each of its 

employees that while on the 

Reservation for any purpose, the 

employee will comply with all 

standards of conduct generally 

applicable to Tribal members.

The proposed covenant can only be required 

for tribal leases issued for operations on the 

Reservation.

The BLM does not have the authority to 

require lessees outside the Reservation 

boundary to require their employees to sign 

the general conduct covenant.

The proposed covenant can only be 

required for tribal leases issued for 

operations on the Reservation.

The BLM does not have the authority to 

require lessees outside the Reservation 

boundary to require their employees to 

sign the general conduct covenant.

3b. Each lessee will obtain a 

covenant from each of its truckers 

that while operating on the 

Reservation, the trucker will 

comply with all laws, ordinances 

and rules applicable to the use of 

motor vehicles by Tribal members.

The proposed covenant can only be required 

for tribal leases issued for operations on the 

Reservation.

The BLM does not have the authority to 

require lessees outside the Reservation 

boundary to require their truckers to sign the 

traffic covenant.

The proposed covenant can only be 

required for tribal leases issued for 

operations on the Reservation.

The BLM does not have the authority to 

require lessees outside the Reservation 

boundary to require their truckers to sign 

the traffic covenant.

3c. Each lessee will by contract 

require (i) each of its contractors 

and subcontractors to obtain like 

covenants from their employees

and truckers, and (ii) each of its 

suppliers to obtain a like covenant 

from their truckers.

The proposed covenant can only be required 

for tribal leases issued for operations on the 

Reservation.

The BLM does not have the authority to 

require lessees outside the Reservation 

boundary to require their contractors and 

subcontractors to sign a covenant.

The proposed covenant can only be 

required for tribal leases issued for 

operations on the Reservation.

The BLM does not have the authority to 

require lessees outside the Reservation 

boundary to require their contractors and 

subcontractors to sign a covenant.

3d. The above described duties 

imposed on employees and 

truckers will be enforced by each 

lessee, and its contractors, 

subcontractors, and suppliers, by 

taking appropriate employeerelated disciplinary action in the 

event such duties are violated.

The BLM does not have the authority to 

require lessees outside the Reservation 

boundary to discipline individual employees.

The BLM does not have the authority to 

require lessees outside the Reservation 

boundary to discipline individual 

employees.
NORTHERN CHEYENNE MITIGATION APPENDIX

CHE-22

Northern Cheyenne Tribe—

Proposed Mitigation

BLM Mitigation Measures Under 

Alternative E

BLM Mitigation Measures Under 

Alternative H

3e. These provisions will be 

implemented under the terms of a 

separate written agreement 

between the Tribe and each lessee. 

Negotiation of this agreement will 

commence as promptly as possible 

and be conducted with diligence 

and good faith. To expedite the 

negotiation, the United States, 

State of Montana, and Tribe will 

diligently and in good faith 

promptly concur on a Model Law 

and Order/Traffic Agreement as a 

guide. Without limitation, the 

Model Law and Order/Traffic 

Agreement and each Tribe-lessee 

agreement will include the term 

and conditions set forth in i 

through v below. Each Tribelessee agreement must be 

approved by the United States as 

to leases of federally-owned 

CBNG, and the state as to leases of 

state or privately-owned CBNG:

i. Assumption in writing by 

each employee and trucker of 

the conditions set forth in a 

through d above.

ii. Education of employees and 

truckers with respect to the 

standards of conduct they must 

observe while on the 

Reservation.

iii. Appropriate 

employee-related disciplinary 

action for particular violations.

iv. Resolution of disputes 

concerning the occurrence of 

violations.

v. Notification to all involved 

labor unions of the existence of 

the written agreement and the 

lessee's duty and intent to abide 

by its terms.

The proposed agreement can only be required 

for tribal leases issued for operations on the 

Reservation.

The BLM does not have the authority to 

require lessees outside the Reservation 

boundary to require their contractors and 

subcontractors to sign the written agreement.

The proposed agreement can only be 

required for tribal leases issued for 

operations on the Reservation.

The BLM does not have the authority to 

require lessees outside the Reservation 

boundary to require their contractors and 

subcontractors to sign the written 

agreement.

4. Impact Funding. The Tribe 

proposes the following impact 

funding program described in 4a 

through 4e.

The BLM has a responsibility to examine the 

socioeconomic impacts on the Northern 

Cheyenne Tribe from off-reservation CBNG 

development (see Chapter 4).

The BLM does not have the authority to 

require impact funding.

The BLM has a responsibility to examine 

the socioeconomic impacts on the 

Northern Cheyenne Tribe from offreservation CBNG development (see 

Chapter 4).

The BLM does not have the authority to 

require impact funding.

4a. The Federal government Of the monies received from sales, bonuses, Of the monies received from sales, 
NORTHERN CHEYENNE MITIGATION APPENDIX

CHE-23

Northern Cheyenne Tribe—

Proposed Mitigation

BLM Mitigation Measures Under 

Alternative E

BLM Mitigation Measures Under 

Alternative H

returns 50% of all CBNG lease 

bonuses, rentals and royalties to 

the state ("Off-Reservation Federal 

Impact Funds"). By federal statute, 

these funds are to be used to 

mitigate socioeconomic impacts of 

CBNG development on local 

communities. In the region, these 

impacts can be expected to occur 

in Big Horn, Rosebud, and Powder 

River Counties (the “Three County 

Area”), both on and off the 

Reservation. No portion of the 

off-Reservation Federal Impact 

Funds will be made available to 

the Tribe.

and royalties on federal public domain leases, 

50% is returned to the state or its 

governmental subdivisions where the leases 

are located. The state legislature is the body 

that controls disposition of the monies 

received and determines the priority of fund 

distribution to those subdivisions 

economically impacted by development. BLM 

does not have the discretion or authority to 

redistribute federal royalties.

bonuses, and royalties on federal public 

domain leases, 50% is returned to the 

state or its governmental subdivisions 

where the leases are located. The state 

legislature is the body that controls 

disposition of the monies received and 

determines the priority of fund 

distribution to those subdivisions 

economically impacted by development. 

BLM does not have the discretion or 

authority to redistribute federal royalties.

4b. The Tribe will be provided 

with a degree of proportionate 

funding.

Of the monies received from sales, bonuses, 

and royalties on federal public domain leases, 

50% is returned to the state or its 

governmental subdivisions where the leases 

are located. The state legislature is the body 

that controls disposition of the monies 

received and determines the priority of fund 

distribution to those subdivisions 

economically impacted by development. BLM 

does not have the discretion or authority to 

redistribute federal royalties. 

Of the monies received from sales, 

bonuses, and royalties on federal public 

domain leases, 50% is returned to the 

state or its governmental subdivisions 

where the leases are located. The state 

legislature is the body that controls 

disposition of the monies received and 

determines the priority of fund 

distribution to those subdivisions 

economically impacted by development. 

BLM does not have the discretion or 

authority to redistribute federal royalties. 

4c. The impact funding will be 

provided to the Tribe for the 

exclusive purpose of planning and 

providing public services and 

facilities on the Reservation.

Of the monies received from sales, bonuses, 

and royalties on federal public domain leases, 

50% is returned to the state or its 

governmental subdivisions where the leases 

are located. The state legislature is the body 

that controls disposition of the monies 

received and determines the priority of fund 

distribution to those subdivisions 

economically impacted by development. BLM 

does not have the discretion or authority to 

redistribute federal royalties.

Of the monies received from sales, 

bonuses, and royalties on federal public 

domain leases, 50% is returned to the 

state or its governmental subdivisions 

where the leases are located. The state 

legislature is the body that controls 

disposition of the monies received and 

determines the priority of fund 

distribution to those subdivisions 

economically impacted by development. 

BLM does not have the discretion or 

authority to redistribute federal royalties.

4d. The funding will be calculated 

by taking the amount of offReservation Federal Impact Funds 

generated by all federal CBNG 

leases that lie in whole or in part in 

the Three County Area, dividing 

by the off-Reservation resident 

population of the Three County 

Area, and then multiplying by the 

resident population of the 

Reservation.

The BLM does not have the authority to 

redistribute the federal royalties.

The BLM does not have the authority to 

redistribute the federal royalties.
NORTHERN CHEYENNE MITIGATION APPENDIX

CHE-24

Northern Cheyenne Tribe—

Proposed Mitigation

BLM Mitigation Measures Under 

Alternative E

BLM Mitigation Measures Under 

Alternative H

4e. The funding will be provided 

to the Tribe at the same time that 

the off-Reservation Federal Impact 

Funds are provided to the state.

The BLM does not have the authority to 

redistribute the federal royalties.

The BLM does not have the authority to 

redistribute the federal royalties.

4f. There are several possible 

sources for the impact funding, 

including without limitation the 

following and combinations 

thereof: (1) entirely from the 

lessees, via lease stipulations, 

permit conditions or operating

plans; (2) from the lessees, but at 

no cost to the lessees, through 

exercise of the Secretary's existing 

authority under 30 USC §209 to 

grant royalty reductions to lessees, 

accompanied by a commitment 

from the lessees to pay to the Tribe 

an amount equal to the royalty 

reductions; (3) from the 50% share 

of the federal lease bonuses, rents, 

and royalties retained by the 

United States. Presumably, this 

will require federal legislation.

The BLM does not have the authority to 

require impact funding.

A royalty rate reduction cannot be legally 

granted to the lessees to offset payments by 

the lessees for impact funding.

The BLM does not have the authority to 

redistribute the federal royalties.

The BLM does not have the authority to 

require impact funding.

A royalty rate reduction cannot be legally 

granted to the lessees to offset payments 

by the lessees for impact funding.

The BLM does not have the authority to 

redistribute the federal royalties.

Part III, Cultural:

A. Protection of Northern Cheyenne Homesteads

A buffer zone should be 

established around the Northern 

Cheyenne homestead sites in the 

Otter Creek and Hanging Woman 

drainages. Since current 

archaeological survey data is 

inadequate to identify all these 

sites, all sections where land 

records indicate Northern 

Cheyenne homesteading activity 

took place should be withheld 

from CBNG exploration and 

development. These sections are 

identified in Appendix G to the 

Tribe's Narrative Report.

Operators would be required to include 

review of Northern Cheyenne homestead 

records and evaluation for homesteads in the 

cultural resource surveys where land records 

indicate Northern Cheyenne homesteading 

activity. Specific measures to mitigate 

impacts to these homesteads would be 

developed at the APD approval phase.

A review of land and mineral ownership maps 

indicate that one homestead location listed in 

Appendix C of the Ethnographic Report may 

be located on an area open to fluid mineral 

leasing. The location is on split estate with 

private surface and federal minerals. Prior to 

any land disturbing activity permitted by the 

BLM in this location, and with landowner 

permission, BLM would work with the 

Northern Cheyenne Tribe and the operator to 

develop the requirements for inventorying, 

recording, and evaluating the homestead site. 

BLM would provide technical assistance to 

the Tribe in inventorying, recording, and 

evaluating the homestead site.

Operators would be required to include 

review of Northern Cheyenne homestead 

records and evaluation for homesteads in 

the cultural resource surveys where land 

records indicate Northern Cheyenne 

homesteading activity. Specific measures 

to mitigate impacts to these homesteads 

would be developed at the APD approval 

phase.

A review of land and mineral ownership 

maps indicate that one homestead

location listed in Appendix C of the 

Ethnographic Report may be located on 

an area open to fluid mineral leasing. The 

location is on split estate with private 

surface and federal minerals. Prior to any 

land disturbing activity permitted by the 

BLM in this location, and with landowner 

permission, BLM would work with the 

Northern Cheyenne Tribe and the 

operator to develop the requirements for 

inventorying, recording, and evaluating 

the homestead site. BLM would provide 

technical assistance to the Tribe in 

inventorying, recording, and evaluating 

the homestead site.

B. Protection of Significant Hunting, Fishing and Plant Gathering Areas in Tongue River Valley
NORTHERN CHEYENNE MITIGATION APPENDIX

CHE-25

Northern Cheyenne Tribe—

Proposed Mitigation

BLM Mitigation Measures Under 

Alternative E

BLM Mitigation Measures Under 

Alternative H

The 14-mile buffer zone proposed 

by the Tribe to protect Reservation 

groundwater resources should be 

adequate to protect culturally 

significant plant gathering areas 

within the Tongue River valley. 

However, if CBNG development is 

authorized within the buffer zone, 

the following protocols should be 

followed:

Development is presumed to occur at some 

future time within the 14-mile area.

Development is presumed to occur at 

some future time within the 14-mile area.

1. No development will be 

permitted up to five miles cast of 

the Tongue River between 

Ashland and Birney without 

mitigation measures designed to 

avoid disturbance of important 

hunting, fishing, and plant 

gathering sites.

In the area east of the Tongue River between 

Ashland and Birney, with important hunting, 

fishing, and plant gathering sites, operators 

would be required to inventory BLM lands for 

traditional plant gathering sites around the 

proposed drilling locations. APD approvals 

may include avoidance or timing restrictions 

to prevent impacts to identified important 

hunting, fishing and plant gathering sites.

In the area east of the Tongue River

between Ashland and Birney, with 

important hunting, fishing, and plant 

gathering sites, operators would be 

required to inventory BLM lands for 

traditional plant gathering sites around 

the proposed drilling locations. APD 

approvals may include avoidance or 

timing restrictions to prevent impacts to 

identified important hunting, fishing and 

plant gathering sites.

2. BLM operating plans will 

require that prior to development 

in areas within five miles (east) of 

the Tongue River between 

Ashland and Birney, the project 

proponent and BLM will consult 

with the Northern Cheyenne 

Cultural Commission to determine 

the location of any important 

hunting, fishing, and plant 

gathering sites. The BLM, in consultation with the Tribes Cultural 

Commission, will design measures 

to avoid disturbance of these 

important areas.

In the area east of the Tongue River between 

Ashland and Birney, operators would be 

required to consult with the Northern 

Cheyenne Cultural Commission to determine 

the location of any important hunting, fishing, 

and plant gathering sites. APD approvals 

would include measures to avoid impacts to 

these resources using standard terms and 

conditions.

In the area east of the Tongue River 

between Ashland and Birney, operators 

would be required to consult with the 

Northern Cheyenne Cultural Commission 

to determine the location of any 

important hunting, fishing, and plant 

gathering sites. APD approvals would 

include measures to avoid impacts to 

these resources using standard terms and 

conditions.

3. No permits to drill will be 

issued within three miles of Poker 

Jim Butte to protect an important 

medicinal and ceremonial plant 

gathering area in that location.

Operators would be required to conduct a 

plant inventory on BLM lands proposed for 

disturbance near Poker Jim Butte. Impacts on 

medicinal and ceremonial plant gathering 

areas could then be mitigated using standard 

terms and conditions. Note: The butte is 

within the Custer National Forest.

Operators would be required to conduct a 

plant inventory on BLM lands proposed 

for disturbance near Poker Jim Butte. 

Impacts on medicinal and ceremonial 

plant gathering areas could then be 

mitigated using standard terms and 

conditions. Note: The butte is within the 

Custer National Forest (Forest Service 

administration).
NORTHERN CHEYENNE MITIGATION APPENDIX

CHE-26

Northern Cheyenne Tribe—

Proposed Mitigation

BLM Mitigation Measures Under 

Alternative E

BLM Mitigation Measures Under 

Alternative H

4. BLM will monitor the effects to 

the Northern Cheyenne subsistence 

economy from CBNG 

development by funding annual 

updates to the Tribe's subsistence 

survey (Northern Cheyenne Tribe 

2002). A Wildlife Technical 

Working Group, whose membership will include Northern 

Cheyenne and agency wildlife 

specialists, will routinely review 

the subsistence data of each year. 

On the basis of this data, they 

should recommend changes in 

leasing stipulations to curtail any 

noted deleterious effects to 

Northern Cheyenne subsistence 

hunting, fishing, and plant 

gathering. This group will also 

review all reclamation plans to 

ensure that habitat diversity around 

the Reservation is maintained and 

plants with traditional cultural uses 

are included in the revegetation 

seed mixes.

BLM would welcome the participation of the 

Northern Cheyenne in the "steering group" 

that would evaluate information gathered 

during the inventory mid monitoring phases 

of the Wildlife Monitoring and Protection 

Plan.

BLM and the Tribe are active in the 

steering group via the Interagency 

Working Group to evaluate information 

gathered during the inventory mid 

monitoring phases of the Wildlife 

Monitoring and Protection Plan.

C. Protection of Culturally Important Springs

1. The BLM will inventory springs 

off the Reservation within the 

14-mile buffer zone. This will 

include locating springs by GPS, 

determining the source of the 

water, measuring the flow, 

monitoring water quality 

parameters, and documenting 

vegetation growth and condition 

with photos and video. A 

comprehensive spring inventory 

should be conducted at least twice 

per year.

Operators would be required to inventory all 

springs supplied by the coal seam producing 

CBNG within the anticipated drawdown 

radius of their proposed operation.

Operators would be required to inventory 

all springs supplied by the coal seam 

producing CBNG within the anticipated 

drawdown radius of their proposed 

operation.

Additionally the IWG has developed a 

Regional Groundwater Monitoring Plan, 

which includes springs (see monitoring 

appendix).

2. If development is allowed 

within the 14-mile buffer, no 

permits to drill will be issued 

within three miles of an 

inventoried spring prior to 

consultation with the Northern 

Cheyenne Cultural Commission 

regarding the cultural significance 

of the spring to the Tribe.

The Northern Cheyenne Cultural Commission 

would be consulted about the appropriate 

mitigation if culturally significant springs 

were located within the anticipated drawdown 

radius of the operator's proposed 

development.

The Northern Cheyenne Cultural 

Commission would be consulted about 

the appropriate mitigation if culturally 

significant springs were located within 

the anticipated drawdown radius of the 

operator's proposed development.
NORTHERN CHEYENNE MITIGATION APPENDIX

CHE-27

Northern Cheyenne Tribe—

Proposed Mitigation

BLM Mitigation Measures Under 

Alternative E

BLM Mitigation Measures Under 

Alternative H

3. Springs that are identified by the 

Cultural Commission as having 

special significance to the 

Northern Cheyenne will be 

protected by a buffer zone 

adequate to protect medicinal and 

ceremonial plants as well as the 

spiritual beings that inhabit the 

springs and maintain the current 

conditions that facilitate traditional 

cultural use of the springs for 

prayer, offerings, and ceremonies. 

The size and shape of the buffer 

zone will be determined by BLM, 

in consultation with the Tribe 

based on the best available 

hydrological data.

Operators may be required to avoid impacting 

culturally significant springs as part of the 

mitigation plan developed under Section 106 

of the National Historic Preservation Act.

Operators may be required to avoid 

impacting culturally significant springs as 

part of the mitigation plan developed 

under Section 106 of the National 

Historic Preservation Act.

4. Where drilling is allowed within 

three miles of a culturally 

important spring, BLM will 

monitor the drawdown of aquifers 

related to the spring on a 

systematically scheduled basis and 

provide timely reports of the 

monitoring data to the Tribe. The 

Northern Cheyenne Tribe will be 

full participants in a Technical 

Working Group that oversees the 

monitoring. (It could be most cost 

efficient to have the Northern 

Cheyenne collect this data and 

distribute it to all interested 

parties).

Operators could be required to monitor the 

condition of culturally significant springs 

where there is the potential for production 

activities to impact the springs. This 

requirement would be triggered by the results 

of the site specific hydrologic evaluation 

associated with the APD approval.

Operators could be required to monitor 

the condition of culturally significant 

springs where there is the potential for 

production activities to impact the 

springs. This requirement would be 

triggered by the results of the site specific 

hydrologic evaluation associated with the 

APD approval.

5. In keeping with the best 

adaptive management practices, 

the BLM will halt pumping CBNG 

production around culturally 

important springs if monitoring 

data indicates that dewatering of 

the spring is occurring or 

imminent.

Operators must modify federal CBNG 

production if monitoring data shows 

production is affecting culturally important 

springs.

The operator must implement mitigating 

measures that would maintain the spring flow 

prior to resuming full production.

Operators must modify federal CBNG 

production if monitoring data shows 

production is affecting culturally 

important springs.

The operator must implement mitigating 

measures that would maintain the spring 

flow prior to resuming full production.
NORTHERN CHEYENNE MITIGATION APPENDIX

CHE-28

Northern Cheyenne Tribe—

Proposed Mitigation

BLM Mitigation Measures Under 

Alternative E

BLM Mitigation Measures Under 

Alternative H

D. Protection of Grave Sites

To protect grave sites, BLM 

should not issue permits to drill 

within a mile of all Tribal burials, 

graves, or cemeteries (regardless 

of temporal or Tribal affiliation).

Operators would be required to have a 

discovery plan as part of their plan of 

development. The discovery plan would 

include suspension of operations and 

notification requirements for state, private, 

and federal lands in the event human remains 

are discovered during project construction.

Should human remains be discovered during 

construction, BLM would consult with the 

Northern Cheyenne on the appropriate 

distance between the project and gravesite.

Operators would be required to have a 

discovery plan as part of their plan of 

development. The discovery plan would 

include suspension of operations and 

notification requirements for state, 

private, and federal lands in the event 

human remains are discovered during 

project construction.

Should human remains be discovered 

during construction, BLM would consult 

with the Northern Cheyenne on the 

appropriate distance between the project 

and gravesite.

E. Prevention and Mitigation of Impacts to Northern Cheyenne Cultural Resources

1. BLM will support (by providing 

funding, training, and in kind 

services) the creation of a Tribal 

Historical Preservation Office 

(THPO). The THPO will focus on 

Tribal culture, history, geography, 

and related research, and on 

building a Northern Cheyenne 

Archive. The THPO will be a 

clearinghouse for cultural resource 

information and the development 

of a public outreach program and 

education program for all grade 

levels in local schools.

BLM supports the creation of a Northern 

Cheyenne Tribal Historic Preservation Office. 

This would need to be done through the 

National Park Service. BLM cannot commit 

to funding the office. BLM would share data 

with the THPO from cultural resource 

investigations associated with CBNG 

development. This information could then be 

used for tribal educational and outreach 

efforts.

BLM supports and coordinates with the 

Northern Cheyenne Tribal Historic 

Preservation Office. BLM cannot commit 

to funding the office. BLM shares data 

with the THPO from cultural resource 

investigations associated with CBNG 

development. The information can be 

used for tribal educational and outreach 

efforts.

2. Mechanisms will be established 

to enable the Tribe to monitor all 

site-specific cultural resource work 

done for CBNG development to 

ensure that all Tribally affiliated 

properties are recorded and 

evaluated in a culturally 

appropriate fashion. This should 

include, but not necessarily be 

limited to, the respectful treatment 

of human remains, items of 

cultural patrimony, and materials 

relating to ongoing traditional 

cultural uses of sites (e.g., offering 

cloths, etc.).

When tribally affiliated properties would be 

affected by CBNG developments, BLM may 

require a tribal monitor. Under most normal 

circumstances, cultural resource work does 

not require a monitor.

When tribally affiliated properties would 

be affected by CBNG developments, 

BLM may require a tribal monitor. Under 

most normal circumstances, cultural 

resource work does not require a monitor.
NORTHERN CHEYENNE MITIGATION APPENDIX

CHE-29

Northern Cheyenne Tribe—

Proposed Mitigation

BLM Mitigation Measures Under 

Alternative E

BLM Mitigation Measures Under 

Alternative H

3. All Tribally affiliated properties 

will be evaluated under the 

National Historic Preservation Act 

in accordance with NPS Bulletins 

15, 16 and 38. Bulletin 38 

evaluations must include faceto-face contacts with Northern 

Cheyenne cultural resource 

specialists, culture historians 

and/or culture committee 

members. Evaluations will include 

specific discussions of Cheyenne 

history and culture as well as 

scientific values.

All cultural properties recorded as a result of 

CBNG related activities would be evaluated 

for listing on the National Register of Historic 

Places. BLM would consult with the Northern 

Cheyenne Tribe when properties were 

evaluated as Traditional Cultural Properties.

All cultural properties recorded as a result 

of CBNG related activities would be 

evaluated for listing on the National 

Register of Historic Places. BLM would 

consult with the Northern Cheyenne 

Tribe when properties were evaluated as 

Traditional Cultural Properties.

4. Cultural resource contractors 

hired by the BLM or project 

proponents and BLM 

archaeologists will demonstrate 

good faith consultation with the 

Tribe and make every attempt to 

include Cheyenne cultural resource 

specialists in all aspects of their 

work.

This is a current requirement by BLM for 

both themselves and BLM cultural resource 

permit holders.

This is a current requirement by BLM for 

both themselves and BLM cultural 

resource permit holders.

5. Cultural resource technical 

reports approved by the BLM will 

follow current best practice 

standards and be accompanied by 

public narratives suitable for use in 

Northern Cheyenne schools.

BLM's report standards are found in the 

BLM's 8100 Manual and Handbooks and are 

augmented by current professional standards. 

When reports contain data that would be of 

interest to the Tribe or the public, BLM may 

require the operator's consulting archaeologist 

to prepare a public narrative of their work.

BLM's report standards are found in the 

BLM's 8100 Manual and Handbooks and 

are augmented by current professional 

standards. When reports contain data that 

would be of interest to the Tribe or the 

public, BLM may require the operator's 

consulting archaeologist to prepare a 

public narrative of their work.

6. Treatment plans for historic 

properties (eligible sites) will 

always give the highest priority to 

avoidance when the property is 

eligible as a Traditional Cultural

Property (under Bulletin 38). If a 

site is eligible, only for its 

scientific value, mitigation through 

data recovery may be considered if 

the site can not be avoided. 

Training opportunities for the 

Cheyenne in archaeological 

excavation techniques and/or 

public awareness programs for 

Northern Cheyenne students will 

accompany any excavation of 

tribally affiliated sites.

Avoidance is BLM's standard policy for not 

adversely affecting historic properties. BLM 

would consult with the Northern Cheyenne 

Tribe for sites that are found eligible as a 

Traditional Cultural Property.

Avoidance is BLM's standard policy for 

not adversely affecting historic 

properties. Operators would have to 

consult with affected tribes when 

proposing actions near American Indian 

traditional cultural properties, such as the 

Rosebud Battlefield and the Wolf 

Mountains Battlefield. Consultation 

might result in mitigation of impacts to 

traditional cultural properties.
NORTHERN CHEYENNE MITIGATION APPENDIX

CHE-30

Northern Cheyenne Tribe—

Proposed Mitigation

BLM Mitigation Measures Under 

Alternative E

BLM Mitigation Measures Under 

Alternative H

7. All well locations and ancillary 

facilities (roads, pipelines, etc.) 

that cause ground disturbance will 

be intensively inventoried for 

cultural resources. Cultural 

resources include archaeological 

sites, plant collecting areas, paint 

sources, baculite sources, and 

earthlodges (sacred hills), and bird 

habitats, e.g., nesting area of birds 

who participate in Northern 

Cheyenne ceremonial life. This 

will require Northern Cheyenne 

participation in the survey effort to 

identify paint, plant, and 

earthlodge sites.

Inventory of well locations and ancillary 

facilities is a current requirement prior to 

surface disturbance. Inventory strategies 

would be discussed as part of the cultural 

resources section of plans of development.

Inventory of well locations and ancillary 

facilities is a current requirement prior to 

surface disturbance. Inventory strategies 

would be discussed as part of the cultural 

resources section of plans of 

development.

8. Since CBNG development, if 

permitted, could cause a 

cumulatively significant amount of 

ground disturbance, the various 

site-specific reports should be

compiled and the data synthesized 

into an over-riding and undatable 

technical document at the end of 

each field season. In keeping with 

modern adaptive management 

strategies, this synthesis will be 

reviewed by a Cultural Resources 

Technical Working Group 

(CRTWG), which should include 

Northern Cheyenne culture 

historians/elders and/or Tribal 

Historical Preservation officers 

designated by the Tribe along with 

agency cultural resource 

specialists.

BLM would provide the Tribe a copy of 

BLM’s annual cultural resources report, 

which would summarize CBNG related 

cultural resource activities. BLM would 

participate in the Cultural Resources Working 

Group.

BLM currently provides the Tribe a copy 

of BLM’s annual cultural resources 

report, which summarizes CBNG related

cultural resource activities. BLM would 

participate in the Cultural Resources 

Working Group.

9. A $300 filing fee will be 

included in the cultural resource 

contracts. This filing fee will be 

allocated to the Northern 

Cheyenne Tribe for the 

development and support of the 

THPO.

The authorities under which BLM currently 

issues cultural resource use permits and 

fieldwork authorizations do not provide for 

the collection of fees.

The authorities under which BLM 

currently issues cultural resource use 

permits and fieldwork authorizations do 

not provide for the collection of fees.

1 “Operator” refers to “oil and gas” operator.

2 Field development refers to operator requests for approval of additional wells other than in accordance with current spacing (1 

well per 640 acres/coal seam).