Record of Decision

for the

Approved Resource Management PlanlFinal

Environmental Impact Statement

for

Public Lands and Minerals Administered in Alabama

by the

Bureau of Land Management

Eastern States

Jackson Field Office

Prepared by

U.S. Department of Interior

Bureau of Land Management

Jackson Field Office

13,.~ Do..u-l~ 1/;1G/oC;

Bruce Dawson Date

Recommended

Bureau of Land Management

Field Manager, Jackson Field Office

~Q~ 3b/a7

t;an Palma ' Date

Approved

Bureau of Land Management

Eastern States Director

Record of Decision

for the

Approved Resource Management Plan/Final

Environmental Impact Statement

for

Public Lands and Minerals Administered in

Alabama

by the

Bureau of Land Management

Eastern States

Jackson Field Office

United States Department of the Interior

Bureau of Land Management

Eastern States

Jackson Field Office

January 2009

January 2009 

Alabama Record of Decision i 

And Approved Resource Management Plan 

Table of Contents 

1.0 Record of Decision ............................................................................................................................................... 1

1.1 Alternatives Considered .................................................................................................................................. 1

1.2 Management Consideration for Selection of the RMP ................................................................................... 2

1.3 Mitigation Measures ....................................................................................................................................... 2

1.4 Plan Monitoring .............................................................................................................................................. 3

1.5 Public Involvement ......................................................................................................................................... 3

2.0 Approved Resource Management Plan ................................................................................................................ 4

2.1 Introduction .................................................................................................................................................... 4

2.1.1 Purpose and Need for the Plan ................................................................................................................................. 4

Purpose ........................................................................................................................................................................ 4

Need ............................................................................................................................................................................. 4

2.1.2 Planning Area ........................................................................................................................................................... 5

2.1.3 Planning Issues ......................................................................................................................................................... 5

Issues Addressed .......................................................................................................................................................... 5

2.1.4 Planning Criteria ...................................................................................................................................................... 6

2.1.5 Planning Process Summary ...................................................................................................................................... 6

2.1.6 Related Plans ............................................................................................................................................................ 7

2.2 Management Decisions ................................................................................................................................... 8

2.2.1 Standard Management .............................................................................................................................................. 8

2.2.1.1 Air Quality ....................................................................................................................................................... 8

2.2.1.2 Soil Resources ................................................................................................................................................. 8

Unique and Prime Farmland ........................................................................................................................................ 8

2.2.1.3 Water Resources .............................................................................................................................................. 8

2.2.1.4 Vegetative Communities .................................................................................................................................. 9

2.2.1.5 Fish and Wildlife ............................................................................................................................................. 9

2.2.1.6 Special Status Species ...................................................................................................................................... 9

2.2.1.7 Wildland Fire Ecology and Management ....................................................................................................... 10

2.2.1.8 Cultural Resources ......................................................................................................................................... 10

2.2.1.9 Paleontological Resources ............................................................................................................................. 10

2.2.1.10 Visual Resources .......................................................................................................................................... 11

2.2.1.11 Minerals ....................................................................................................................................................... 11

2.2.1.12 Recreation and Travel Management ............................................................................................................ 11

2.2.1.13 Lands and Realty ......................................................................................................................................... 12

2.2.1.14 Hazardous Materials .................................................................................................................................... 13

2.2.2 Management of Non-USFS FMO .......................................................................................................................... 13

2.2.2.1 Reasonably Foreseeable Development Scenario for Minerals ....................................................................... 14

2.2.2.2 Proposed Stipulations..................................................................................................................................... 14

Bald Eagle ............................................................................................................................................................ 14

Red-Cockaded Woodpecker ................................................................................................................................. 15

Sea Turtles ............................................................................................................................................................ 16

Gopher Tortoise, Eastern Indigo Snake, Gopher Frog, and Black Pine Snake ..................................................... 16

Alabama Beach Mouse ......................................................................................................................................... 17

Gray Bat, Indiana Bat, Alabama Cave Shrimp, and Alabama Cavefish ............................................................... 17

Aquatic Habitats ........................................................................................................................................................ 18

Piping Plover, Least Tern ..................................................................................................................................... 19

Sensitive Plant Species ......................................................................................................................................... 19

Best Management Practices ....................................................................................................................................... 19

Disposal of Produced Water ................................................................................................................................. 20

Invasive and Non-Native Species ......................................................................................................................... 21

Migratory Birds and Federally Listed Wildlife..................................................................................................... 21

Perching and Nesting Birds and Bats ................................................................................................................... 22

Pesticide Application ............................................................................................................................................ 22

2.2.3 Management of Surface Tracts .............................................................................................................................. 23

2.2.3.1 Coosa River Tracts (Maps 2-1a, 2-1b, 2-1c) .................................................................................................. 25

Vegetative Communities ...................................................................................................................................... 25

Fish and Wildlife Habitat ..................................................................................................................................... 25

Minerals ................................................................................................................................................................ 25

Recreation and Travel Management ..................................................................................................................... 26

Lands and Realty .................................................................................................................................................. 26
 January 2009 

ii Alabama Record of Decision 

And Approved Resource Management Plan 

2.2.3.2 Fort Morgan Beach Tracts (Map 2-2) ............................................................................................................ 30

Vegetative Communities ...................................................................................................................................... 30

Fish and Wildlife Habitat ..................................................................................................................................... 30

Minerals ................................................................................................................................................................ 30

Recreation and Travel Management ..................................................................................................................... 30

Lands and Realty .................................................................................................................................................. 31

2.2.3.3 Fort Morgan Highway Tracts (Map 2-3) ........................................................................................................ 33

Vegetative Communities ...................................................................................................................................... 33

Fish and Wildlife Habitat ..................................................................................................................................... 33

Minerals ................................................................................................................................................................ 33

Recreation and Travel Management ..................................................................................................................... 33

Lands and Realty .................................................................................................................................................. 34

2.2.3.4 Fowl River Tract (Map 2-4) ........................................................................................................................... 36

Vegetative Communities ...................................................................................................................................... 36

Fish and Wildlife Habitat ..................................................................................................................................... 36

Minerals ................................................................................................................................................................ 36

Recreation and Travel Management ..................................................................................................................... 36

Lands and Realty .................................................................................................................................................. 36

2.2.3.5 Geneva Tract (Map 2-5) ................................................................................................................................. 39

Vegetative Communities ...................................................................................................................................... 39

Fish and Wildlife Habitat ..................................................................................................................................... 39

Minerals ................................................................................................................................................................ 39

Recreation and Travel Management ..................................................................................................................... 39

Lands and Realty .................................................................................................................................................. 39

2.2.3.6 Jordan Lake Tract (Map 2-6) ......................................................................................................................... 42

Vegetative Communities ...................................................................................................................................... 42

Fish and Wildlife Habitat ..................................................................................................................................... 42

Minerals ................................................................................................................................................................ 42

Recreation and Travel Management ..................................................................................................................... 42

Lands and Realty .................................................................................................................................................. 42

2.3 Management Plan Implementation ............................................................................................................... 45

2.4 Plan Evaluation/Adaptive Management ....................................................................................................... 45

References ................................................................................................................................................................ 46

List of Preparers ....................................................................................................................................................... 46

Acronyms ................................................................................................................................................................. 46

 
January 2009 

Alabama Record of Decision 1 

And Approved Resource Management Plan 

1.0 RECORD OF DECISION

The decision is hereby made to approve the Resource Management Plan (RMP) for the Bureau of Land 

Management (BLM)-administered lands and minerals in the State of Alabama and select Alternative 3 as 

presented in the Final Environmental Impact Statement (EIS). The Record of Decision and Approved 

RMP (ROD/Approved RMP) was prepared under the authority of the Federal Land Policy and 

Management Act (FLPMA) (43 United States Code [U.S.C.] §§ 1701, et seq.) and other applicable laws 

(43 Code of Federal Regulations [CFR] Part 1600) and includes broad land use plan decisions that 

provide overall direction for management of resources and resource uses for BLM-administered lands and 

minerals. An EIS was prepared for the RMP in compliance with the National Environmental Policy Act 

(NEPA) of 1969. Following publication of the Alabama and Mississippi Proposed RMP/Final EIS in 

August 2008, the BLM carried forward text for the Proposed RMP to incorporate in the ROD/Approved 

RMP. This ROD/Approved RMP serves as the final decision for management of BLM-administered lands 

and minerals in Alabama, which is effective on the date this ROD/Approved RMP is signed. 

1.1 Alternatives Considered 

Section 2.4 of the Proposed RMP/Final EIS, Alternatives Considered in Detail, summarizes the four 

alternatives. Chapter 4 of the Proposed RMP/Final EIS analyzes the impacts to natural resources, cultural 

resources, and social and economic conditions that are associated with each of the alternatives considered. 

The alternatives addressed are summarized below: 

• Alternative 1 represented the No Action Alternative or continuation of current 

management. Under this alternative, the BLM would have retained all BLM-administered 

surface tracts and employed custodial management. There would be 305,640 acres of 

BLM-administered, non-U.S. Forest Service (USFS) Federal Mineral Ownership (FMO) 

that would be open to oil and gas leasing. An estimated 8,179 acres of BLMadministered, non-USFS FMO would be closed to leasing. Management of oil and gas 

leasing, exploration, and development would be subject to the standard lease terms and 

conditions that are included on the lease form. 

• Alternative 2 proposed that the BLM retain specific BLM-administered surface tracts. 

The BLM would have investigated opportunities to manage the tracts in partnership with 

other agencies or organizations and the use of the tracts would have been consistent with 

management objectives and other land use decisions. Tract-specific constraints for 

resource uses, such as Rights-of-Way (ROW) access, would have been based on the 

presence of sensitive resources (e.g., special status species habitat). There would be 

305,522 acres of BLM-administered, non-USFS FMO that would be open to oil and gas 

leasing. An estimated 8,297 acres of BLM-administered, non-USFS FMO would be 

closed to leasing, which includes an additional 365 acres would be closed to protect 

habitat of the Federally listed Alabama beach mouse. In addition to standard terms and 

conditions, conservation measures would be applied as stipulations to oil and gas leases 

and BMPs would be used to reduce adverse effects caused by surface-disturbing or 

disruptive activities associated with oil and gas operations on BLM-administered, nonUSFS FMO. Conservation measures, including no surface occupancy (NSO), controlled 

surface use (CSU), seasonal stipulations, and BMPs are presented in Appendix D of the 

Proposed RMP/Final EIS. Under this alternative, lease stipulations would include a 

1,000-foot NSO buffer from aquatic habitats, and Alabama beach mouse habitat would 

not be available for lease. The stipulations in Appendix D of the Proposed RMP/Final 

EIS would be applied in addition to the standard lease terms and conditions on the lease 
 January 2009 

2 Alabama Record of Decision 

And Approved Resource Management Plan 

form. For each stipulation, there are provisions for waiver, modification, and exception 

provided in Appendix D of the Proposed RMP/Final EIS, which could be applied as 

appropriate. The BMPs would be considered mandatory to reduce adverse impacts to 

specific resources and would be applied to oil and gas operations on new and existing 

leases. There would be some flexibility in implementation of each BMP, depending on 

site-specific conditions. Where there is potential to affect Federally listed, proposed, or 

candidate species or designated critical habitat, application of BMPs and/or waiver, 

modification, and exception to stipulations would normally require coordination and 

possible formal consultation with USFWS. 

• Alternative 3 is the Proposed Alternative. Under Alternative 3, all of the BLMadministered surface tracts in Alabama would be available for transfer or disposal. For 

some of the surface tracts, there would be conditions placed on the disposal that 

development and use of the tract would be consistent with the resource management 

objectives and allowable uses established for the tract. Restrictions on use after disposal 

would be provided in the patent transferring ownership. Valid existing rights and other 

valid authorizations would be protected if disposal occurs. There would be 305,640 acres 

of BLM-administered, non-USFS FMO that would be open to oil and gas leasing. An 

estimated 8,179 acres of BLM-administered, non-USFS FMO would be closed to 

leasing. Similar to Alternative 2, Alternative 3 uses conservation measures that would be 

applied as lease stipulations and BMPs to reduce adverse effects caused by surfacedisturbing or disruptive activities associated with oil and gas operations on BLMadministered, non-USFS FMO. The stipulations in Alternative 3 are different from 

Alternative 2 in two ways. First, Alabama beach mouse habitat would be available for 

lease, subject to an NSO stipulation. Second, the buffer from aquatic habitats would be 

reduced to 250 feet. 

• Alternative 4 proposed that all BLM-administered surface tracts be made available for 

disposal from Federal ownership with no specific condition on use after disposal. Valid 

existing rights and other valid authorizations would have been protected in the event of 

disposal. Under this alternative, management of BLM-administered, non-USFS FMO 

would have been the same as Alternative 3. 

1.2 Management Consideration for Selection of the RMP 

Based on input received during the planning process, there was both support and opposition to certain 

components of the Proposed RMP/Final EIS. BLM considered one protest and all comments received on 

the Proposed RMP/Final EIS. The only protest received was from the Environmental Protection Agency 

(EPA) regarding the impacts of oil and gas brine-waste injection into ground waters. No comments were 

received from the Governor of Alabama. 

The BLM is tasked with the mandate of multiple-use management as provided under the FLPMA and 

other laws and regulations governing management of public land. The Approved RMP provides a balance 

between those reasonable measures necessary to protect existing resource values and continued public 

need to make beneficial use of the planning area. Therefore, implementation of the Approved RMP is the 

alternative best able to comply with all applicable laws, regulations, policy, and agency direction. 

1.3 Mitigation Measures 

Mitigation measures are incorporated into the Approved RMP. Sensitive resources are protected through 

resource allocations and limitations and restrictions on developments and other activities. All practicable 
January 2009 

Alabama Record of Decision 3 

And Approved Resource Management Plan 

means to avoid or minimize environmental harm are carried forth in the Approved RMP. During 

implementation and, in some cases, the next tier of planning, additional measures may be taken, as 

necessary, to mitigate potential impacts on the environment. Monitoring will determine how effective 

these measures are in minimizing environmental impacts. 

1.4 Plan Monitoring 

The BLM planning regulations (43 CFR Part 1610.4-9) call for the monitoring of resource management 

plans on a continual basis with a formal evaluation done at periodic intervals. Implementation of the 

Approved RMP will be monitored over time and plan evaluations conducted periodically. Management 

actions arising from activity plan decisions will be evaluated to ensure consistency with RMP objectives. 

Monitoring and the evaluation process are described in more detail in Appendix K of the Proposed 

RMP/Final EIS. 

1.5 Public Involvement 

Public participation in the Proposed RMP/Final EIS process included a variety of efforts to identify and 

address public concerns and needs. The public involvement process assisted the BLM in broadening the 

information base for decisionmaking, informed the public about the Proposed RMP/Final EIS and the 

potential impacts associated with various management decisions, and ensured that public needs and 

viewpoints were understood by the BLM. 

The official scoping period started with publication of the notice of intent (NOI) in the Federal Register

on July 12, 2002, and ran through September 2002. The NOI announced the BLM’s intent to prepare an 

RMP for Alabama and Mississippi, called for coal information, and invited the public to participate in 

identification of issues and review of planning criteria. Letters were sent to Alabama and Mississippi 

State agencies, county supervisors and commissioners, and the governors of both States to inform them of 

the planning process. Letters were also sent to several coal companies to inform them of the planning 

process and solicit coal data. Individuals were encouraged to submit e-mail or hardcopy comments to the 

BLM Jackson Field Office. One e-mail with comments was submitted during the scoping period. 

Comments addressed a variety of issues, such as the need to have adequate, site-specific data on 

threatened, endangered, and candidate species in the planning area; data on soils and aquatic species; and 

an accurate impact assessment of minerals development on recreation. 

The BLM provided the public with 90 days from the date of publication of the BLM’s Notice of 

Availability (NOA) for the Alabama and Mississippi Draft RMP-EIS to review and submit comments. 

The Environmental Protection Agency (EPA) filed the NOA in the Federal Register on August 31, 2007. 

The 90-day public comment period officially ended on November 29, 2007. During this comment period, 

the BLM held three public meetings in October 2007 to give the public an opportunity to comment on the 

Alabama and Mississippi Draft RMP-EIS. During the three meetings, nine people registered their 

attendance. These public meetings featured an open house format with the BLM specialists available to 

provide information. The public was also instructed on how to submit comments on the Draft RMP-EIS. 

The BLM received comments on the Draft RMP-EIS from members of the public; Federal, State, and 

local agencies; and private and public organizations. These comments were sent by mail or e-mail or 

submitted at the public meetings. A total of 24 letters were received: 14 were sent by e-mail, and 10 were 

submitted in hard copy or sent by mail. Of the 24 letters received, 6 were identified as being form letters, 

while the remaining 18 were considered unique letters. Form letters are described as letters containing 

identical text submitted by more than five individuals. From the 24 letters received, 97 unique comments 

were identified, of which 32 were considered nonsubstantive and 65 were considered substantive. 
 January 2009 

4 Alabama Record of Decision 

And Approved Resource Management Plan 

A 30-day protest period, which began on August 29, 2008 and ended on September 29, 2008, was 

provided on the land use plan decisions contained in the Proposed RMP/Final EIS in accordance with 43 

CFR 1610.5-2 (Federal Register, Volume 73, Number 169, August 29, 2008 As stated earlier in this 

report, BLM received one protest letter from the Environmental Protection Agency. The EPA commented 

that the Alabama-Mississippi Proposed Resource Management Plan and Final Environmental Impact 

Statement insufficiently addressed the impacts of oil and gas brine waste injection into aquifers beneath 

Federal and in adjacent non-Federal lands, particularly in regards to the federally designated sole source 

aquifers. They further said that there was no discussion of the geologic formations where the wastes will 

be injected and their proximity to potential drinking-water sources. After careful consideration of all 

points raised in those protests, the BLM Director concluded that the responsible planning team and 

decisionmakers followed all applicable laws, regulations, policies, and pertinent resource considerations 

in developing the proposed plan. A response to the protest letter has been sent to EPA. 

2.0 APPROVED RESOURCE MANAGEMENT PLAN

2.1 Introduction 

This Approved RMP and resulting ROD for BLM-administered lands and minerals in Alabama is 

intended to provide land use planning and management direction at a broad scale and to guide future 

actions. The regulations for making and modifying land use plan decisions, which comprise an RMP, are 

found in 43 CFR Part 1600. Land use plan decisions consist of (1) desired outcomes (goals and 

objectives) and (2) allowable uses and management actions. 

2.1.1 Purpose and Need for the Plan 

Purpose 

Section 102 of FLPMA sets forth the policy for periodically projecting the present and future use of 

public lands and their resources through the use of a planning process. FLPMA Sections 201 and 202 are 

the statutory authorities for the land use plans prepared by BLM. The purpose of the land use plan is to 

ensure BLM-administered lands and resources are managed in accordance with FLPMA and the 

principles of multiple-use and sustained-yield. 

In general, the Approved RMP serves two purposes: (1) provide an overview of goals, resource condition 

objectives, and needs associated with public lands management and (2) resolve multiple use conflicts or 

issues. The Alabama Approved RMP enables the BLM to respond to mineral leasing proposals and deal 

efficiently with the long-term management of its scattered land. In addition, the Approved RMP includes 

decisions on a wide range of other resource management concerns, including air quality, soil resources, 

water resources, vegetative communities, fish and wildlife habitat, special status species, wildland fire 

ecology and management, cultural resources, visual resources, recreation and travel management, social 

and economic resources, and hazardous materials. The Approved RMP provides the Jackson Field Office 

(JFO) with a comprehensive framework for managing BLM-administered lands and minerals within the 

Alabama. 

Need 

BLM resource management in Alabama has been governed by project-specific planning analyses and 

environmental assessments (EA). Preparing separate project-specific documents whenever BLM receives 

external proposals was inefficient, costly, and delayed decisionmaking on industry-driven requests to 

lease Federal minerals and land tenure adjustments where BLM retains surface management 
January 2009 

Alabama Record of Decision 5 

And Approved Resource Management Plan 

responsibilities. In responding to this need, the planning criteria, identified in Section 2.1.4, sets out 

BLM’s primary responsibilities in Alabama, which is to make minerals available for leasing, where 

appropriate, and to make land tenure adjustments according to the criteria set forth in the FLPMA. 

2.1.2 Planning Area 

This Approved RMP covers all the public lands resources administered by the BLM in the State of 

Alabama. Within Alabama, the BLM administers approximately 159 acres of public land surface and 

mineral estate (referred to as “surface tracts”) and 303,440 acres of Federal minerals where the surface 

estate is in non-Federal ownership. The BLM also has responsibility for 10,220 acres of mineral estate 

where the surface is managed by other Federal agencies (excluding BLM and the U.S. Forest Service 

[USFS]). On these lands, leasing of Federal minerals is subject to management as directed by the surface 

management agency, and the decisions of this RMP pertain only to the BLM’s role in administering the 

minerals. The BLM has the responsibility of 585,394 acres of mineral estate where the surface is managed 

by USFS. However, the RMP does not make decisions on oil and gas leasing of national forest acreage 

because, by regulation, USFS is responsible for land use planning decisions on oil and gas leasing. For 

the purposes of this document, RMP mineral leasing decisions apply to “BLM-administered, non-USFS 

FMO,” which refers to BLM-administered, Federal minerals where the surface estate is in non-Federal 

ownership and Federal agencies excluding USFS. 

Within Alabama, there are also 3,057 acres of lands with uncertain title. These are public domain lands, 

according to General Land Office records, but may have private claims of ownership. The RMP does not 

make management decisions on these lands per se; however, these lands, which are listed in Appendix B 

of the Proposed RMP/Final EIS, are available for disposal to qualified applicants under the Color-of-Title 

Act. 

2.1.3 Planning Issues 

In its planning process, BLM uses, from the NEPA regulations, the concept of issues and unresolved 

conflicts. Planning issues are those identified through internal evaluations, scoping, and comment and 

information solicited from the public or gathered internally. Planning issues may include demands for 

resources, as well as concerns and conflicts, associated with balancing a mix of multiple uses or 

unresolved conflicts associated with past, present, and future management of public lands or resources. 

NEPA regulations require BLM to review the issues and determine which issues are significant and 

narrow the discussion of issues in the EIS prepared for the RMP. 

Issues Addressed 

There is a potential for continued mineral development of BLM-administered FMO in Alabama. In some 

cases, there could be potential for impacts on sensitive resources or conflicts with other uses. These 

impacts and conflicts have been considered when making decisions on the availability of non-USFS FMO 

for development. The RMP addresses mineral leasing by offering a variety of alternative solutions, as 

described in Chapter 2 of the Proposed RMP/Final EIS. 

BLM-administered lands in Alabama are relatively small, isolated parcels. Some of the parcels could have 

natural resources of significant value to the public and could be suitable for management by the BLM or 

other agencies. Other parcels could be suitable for disposal. The RMP addresses land ownership 

adjustments by offering a variety of alternative solutions, as described in Chapter 2 of the Proposed 

RMP/Final EIS. 
 January 2009 

6 Alabama Record of Decision 

And Approved Resource Management Plan 

2.1.4 Planning Criteria 

Planning criteria are constraints or ground rules that guide development of BLM land use plans. These 

criteria ensure that the planning team focuses on relevant uses and collects applicable data for analysis, 

and the criteria include applicable Federal laws, regulations, executive orders, and policies. The following 

criteria for Alabama were developed and used to guide the preparation of the RMP— 

1. Land use planning and environmental analysis will be conducted in accordance with 

laws, regulations, executive orders, and manuals. Planning will be conducted for BLMadministered lands (tracts) and minerals (BLM-administered, non-USFS FMO). 

2. Surface tracts will be mapped and identified by legal description. Lands of uncertain title 

will be listed. These lands could potentially be available for disposal under the Color-ofTitle Act. 

3. A reasonably foreseeable development scenario RFDS will be prepared for the future 

leasing (and development) of oil and gas. The RFDS will be developed on a statewide 

basis. Areas of high, moderate, and low oil and gas potential will be identified (mapped). 

4. The evaluation of lands based on their suitability for further coal leasing consideration 

will be limited to underground mining of non-USFS FMO in the Warrior Basin in 

Alabama. 

5. Areas with the potential for non-energy solid mineral leasing (e.g., phosphates, sodium) 

were evaluated for inclusion in the RMP. No potential was identified for development of 

these minerals on non-USFS FMO; therefore, non-energy solid mineral leasing is not 

addressed. 

6. Resource data needed to evaluate the impacts of future (foreseeable) mineral 

development will be collected on a statewide basis. 

7. The planning team will work cooperatively with Federal, State, county, and local 

governments and agencies; tribal governments; groups and organizations; and 

individuals. 

2.1.5 Planning Process Summary 

The following list provides, in chronological order, the steps of the planning process used for 

development of the Approved RMP. 

• Preparation Plan. The BLM developed a preparation plan to outline anticipated planning issues 

and management concerns, preliminary planning criteria, data needs, process participants, plan 

format, schedule, and public involvement. 

• Notice of Intent. The BLM published a Notice of Intent (NOI) in the Federal Register on July 

12, 2002, to announce its intention to prepare an RMP and EIS. The NOI also solicited coal 

information for BLM-administered coal and identified planning criteria to guide the preparation 

of the RMP. 

• Scoping Period. Public scoping was conducted from June through September 2002. Scoping 

consisted of public notification through the Federal Register (i.e., publication of the NOI) and by 

letter and e-mail. Letters of invitation to participate as cooperating agencies were sent to 

government agencies in the State. The BLM also notified local, State, and Federal agencies and 

Native American tribes during this period. 

• Analysis of Management Situation. As part of preparing the RMP-EIS, the BLM analyzed the 

resource conditions, capabilities, and effects of current management for use as a reference 

throughout the planning process. This analysis included a description of the physical and 
January 2009 

Alabama Record of Decision 7 

And Approved Resource Management Plan 

biological characteristics and condition of the resources within the planning area and how they 

are being used and/or protected. 

• Draft RMP-EIS. The Draft RMP-EIS considers public and agency comments received during 

the scoping period, includes a description of alternatives and the affected environment, and offers 

an assessment of potential impacts from implementing the alternatives. A Notice of Availability 

(NOA) for the Draft RMP-EIS was published in the Federal Register on August 31, 2007. 

• Comment Period and Public Meetings. The public and local, State, and Federal agencies and 

Native American tribes had an opportunity to review and comment on the Draft RMP-EIS during 

a 90-day comment period, beginning the date the Environmental Protection Agency (EPA) 

published their NOA in the Federal Register on August 31, 2007 and ended on November 29, 

2007. The BLM held three public meetings in October 2007 to receive comments from the public. 

• Proposed RMP and Final EIS. The purpose of the Proposed RMP and Final EIS is for the BLM 

to assess, consider, and respond to public and agency comments received on the Draft RMP-EIS. 

An NOA was published in the Federal Register by the BLM on August 29, 2008. A 30-day 

public protest period followed the release of the Proposed RMP-FEIS. A 60-day Governor’s 

consistency review also occurred at this time. 

• Biological Assessment (BA). A BA was prepared for each state to analyze the potential effects of 

the project on Federally listed species and critical habitat in order to establish and justify an 

“effect determination.” The BAs were reviewed by the U.S. Fish and Wildlife Service (USFWS) 

under the ESA Section 7 consultation requirements. 

• Record of Decision. The Record of Decision (ROD) is a separate and concise public record that 

clearly identifies and describes the approved RMP and links the BLM’s decision to the analysis 

presented in the EIS. The ROD addresses how environmental impacts and other factors were 

considered in the decisionmaking process. 

2.1.6 Related Plans 

There are multiple State plans and programs that address land and resources common to this RMP in 

Alabama. In accordance with BLM policy, the RMP is consistent to the extent practical with officially 

approved or adopted plans for the following: 

• Alabama Coastal Zone Management Program 

• Alabama Comprehensive Wildlife Conservation Strategy 

• Upper Coosa Basin Watershed Management Plan 

• Coosa River Recreation Plan 

There are 313,819 acres of non-USFS FMO in Alabama that underlie various surface ownership. Surface 

owners include the BLM, the Department of Defense (DoD), USFWS, National Park Service (NPS), and 

other Federal agencies. In accordance with BLM policy, the RMP will be consistent to the extent practical 

with officially approved or adopted plans for these agencies. In addition, there are Recovery Plans for 

multiple species that occur on lands and mineral estate administered by the BLM in Alabama. In 

accordance with BLM policy, the RMP will be consistent to the extent practical with officially approved 

or adopted plans for Federally listed species and habitats. 
 January 2009 

8 Alabama Record of Decision 

And Approved Resource Management Plan 

2.2 Management Decisions 

2.2.1 Standard Management 

2.2.1.1 Air Quality 

Goals and Objectives: Comply with local, State and Federal air quality regulations, requirements and 

implementation plans. 

Management Actions: Conduct activities so as to comply with Clean Air Act requirements, including 

applicable National Ambient Air Quality Standards, (NAAQS) (Section 109); the State Air Quality 

Implementation Plan (SIP) (Section 110); control of pollution from Federal facilities (Section 118); 

prevention of significant deterioration (PSD), including visibility impacts to mandatory Federal Class I 

areas (Section 160 et seq.); and conformity analyses and determinations (Section 176(c)). 

2.2.1.2 Soil Resources 

Goals and Objectives: Maintain or improve soil conditions and prevent or minimize accelerated soil 

erosion. 

Management Actions: Measures for minimizing accelerated soil erosion will be made on a site-specific 

basis through evaluation of management actions and implementation of best management practices 

(BMP). Examples of soil BMPs can be found in the Surface Operating Standards and Guidelines for Oil 

and Gas Exploration and Development, Gold Book (BLM 2006) and at http://www.blm.gov/bmp. 

Unique and Prime Farmland 

Goals and Objectives: Minimize the impact of BLM-authorized activities on the unnecessary and 

irreversible conversion of farmland to nonagricultural uses and comply with State and local government 

policies to protect farmland. 

Management Actions: Before any decision authorizing surface disturbance, a determination will be 

made as to if prime or unique farmland as defined by the Farmland Protection Policy Act (7 U.S.C. 4201 

et seq.) is in an area that may be affected by a proposed action. If prime or unique farmland is present, 

then an appropriate level of analysis will be prepared to determine if the proposed action may have an 

adverse effect and identify appropriate mitigation measures to minimize any unnecessary and irreversible 

conversion of farmland to nonagricultural uses. 

2.2.1.3 Water Resources 

Goals and Objectives: Maintain water quality where it presently meets EPA-approved State water 

quality standards and improve water quality on public lands where it does not meet standards as defined 

by Section 303(d) of the CWA. 

Management Actions: Actions authorized on BLM lands will comply with the mitigation requirements 

defined by the Office of Surface Mining regulations for coal leasing and by the U.S. Army Corps of 

Engineers Section 404 permit requirements. Management actions will be conducted in conformance with 

the various regulations in the CWA, the State regulations, and the FLPMA to achieve the water quality 

classifications and standards for surface and ground waters developed by the States. Management actions 

will be conducted in a manner conforming to water quality management objectives developed by the 
January 2009 

Alabama Record of Decision 9 

And Approved Resource Management Plan 

States. Measures for minimizing accelerated soil erosion will be made on a site-specific basis through 

evaluation of management actions and implementation of Best Management Practices. 

For proposed actions on tracts that are within coastal areas, the BLM will recognize and comply with the 

requirements of the state coastal area management program. 

2.2.1.4 Vegetative Communities 

Goals and Objectives: Manage vegetative communities to protect, preserve, or enhance Federally listed 

and other special status plant species and imperiled plant communities and control noxious and invasive 

plant species. 

Management Actions: The BLM will manage for desired outcomes of vegetative communities, including 

control of noxious and invasive species, that incorporate the conservation actions identified in the 

approved State comprehensive conservation strategies. Unless otherwise specified in an alternative, 

vegetation manipulation (e.g., prescribed burning, mechanical alteration, chemical treatment, manual, 

biological) will be allowed if needed to meet resource management objectives. 

2.2.1.5 Fish and Wildlife 

Goals and Objectives: Manage vegetative communities to protect, preserve, or enhance habitat for fish 

and wildlife species. 

Management Actions: The BLM will support and coordinate with the State and other partners on habitat 

improvements and protection in compliance with approved comprehensive State fish and wildlife 

conservation strategies. This may include actions such as control of invasive plant species, use of 

prescribed fire, and wetland enhancements. Hunting regulations and game management are under the 

authority of the State fish and wildlife agency. 

2.2.1.6 Special Status Species 

Goals and Objectives: Protect, preserve, or enhance Federally listed and other special status species and 

their habitat. 

Management Actions: The BLM will avoid jeopardizing the continued existence of any Federally listed, 

State listed, or proposed species; actively promote species recovery; and work to improve the status of 

candidate and sensitive species. If a Federally listed species may be affected by a proposed management 

action, BLM will consult with the USFWS pursuant to Section 7 of the ESA, as amended (16 United 

States Code [USC] 1531 et seq.). If a proposed management action might impact a State-listed species, 

BLM will consult with the appropriate State game and fish agency. Harvesting of any sensitive species 

will be prohibited, except when explicitly authorized for scientific purposes by an appropriate State 

and/or Federal agency. 

If a proposed activity could affect candidate or sensitive species or their habitat, the BLM will avoid 

activities that would contribute to a need to list such species or their habitat. Thus, the BLM could require 

modifications to or reject a proposed activity that could jeopardize the continued existence of a proposed 

or listed threatened or endangered species or that could result in destruction or adverse modification of a 

designated or proposed critical habitat. The BLM will not approve any surface-disturbing activity that 

may affect any such species or critical habitat until obligations are met under applicable requirements of 

ESA, as amended, including completion of any required procedure for conference or formal consultation. 
 January 2009 

10 Alabama Record of Decision 

And Approved Resource Management Plan 

2.2.1.7 Wildland Fire Ecology and Management 

Goals and Objectives: Manage fire and fuels to protect life, firefighter safety, property, and critical 

resource values. 

Management Actions: Unless a separate, site-specific plan is in place, wildfires will be suppressed. 

Agreements, as needed, will be pursued with Federal, State, and local government fire protection agencies 

for fire suppression. Prescribed burning will be allowed on a case-by-case basis if needed to meet 

vegetative communities or fish and wildlife habitat management objectives. 

2.2.1.8 Cultural Resources 

Goals and Objectives: Identify, preserve, and protect significant cultural resources and ensure that they 

are available for appropriate uses by present and future generations (FLPMA, Section 103 (c), 201(a) and 

(c); National Historic Preservation Act (NHPA), as amended (16 USC 470), Section 110(a); 

Archaeological Resources Protection Act (ARPA), Section 14(a)). 

Seek to reduce imminent threats and resolve potential conflicts from natural or human-caused 

deterioration, or potential conflict with other resource uses (FLPMA Sec. 103(c), NHPA 106, 110 (a) (2)) 

by ensuring that all authorizations for land use and resource use will comply with the NHPA Section 106. 

Management Actions: Management actions will comply with the NHPA, which provides protection for 

significant cultural resources. An appropriate level of inventory will be conducted for all actions with a 

potential to affect these resources, in compliance with the requirements of Section 110 of the NHPA. 

Actions will require additional consultation with the State Historic Preservation Officer (SHPO), in 

compliance with Section 106 of NHPA, and/or the Advisory Council on Historic Preservation (36 Code 

of Federal Regulations [CFR] 800). 

Cultural resources will be identified and protected on a case-by-case basis, according to site-specific 

needs. Any significant sites discovered will be available for scientific, conservation, traditional, or 

interpretation uses. A site that is not significant (as determined by the BLM with SHPO consultation) will 

be released from management concerns. 

Cultural resource surveys conducted prior to 1996, when the Alabama Historical Commission (AHC) 

cultural resource assessment standards were established, will be resurveyed. Because of this, consultation 

with the Alabama SHPO will occur prior to any property disposal or mineral leasing to determine if a 

cultural resource survey was conducted prior to 1996. 

2.2.1.9 Paleontological Resources 

Goals and Objectives: Protect important scientific values of paleontological resources. 

Management Actions: Known paleontological resources will be managed according to the BLM 8270 

Handbook and the BLM Manual for the Management of Paleontological Resources. 

If discovered, paleontological resources will be managed to protect their important scientific values. Area 

closures, restrictions, or other mitigation requirements for the protection of paleontological values will be 

determined on a case-by-case basis. Collecting of scientifically significant vertebrate and invertebrate 

fossils by qualified paleontologists will be allowed by permit only. 
January 2009 

Alabama Record of Decision 11 

And Approved Resource Management Plan 

2.2.1.10 Visual Resources 

Goals and Objectives: Protect scenic values while providing for overall multiple use and quality of life 

for local communities and visitors to public lands. 

Management Actions: Case-by-case processing of land use and mineral development proposals will 

consider impacts to visual resources where these have been identified as public concerns. Interim visual 

management classes will be assigned in accordance with VRM Manual 8400 and Visual Resource 

Inventory Handbook H-8410-1. All surface tracts will be managed as VRM Class III, except for the 

Coosa River tracts in Alabama, which would be managed as VRM Class II. 

2.2.1.11 Minerals 

Goals and Objectives: Provide for leasing, exploration, and development of BLM-administered, nonUSFS FMO, while protecting other resource values. 

Management Actions: Federal mineral estate will be available for conveyance to owners of the surface 

estate as provided in Section 209 of FLPMA. Section 209 provides for this conveyance if there are no 

known mineral values in the land or if reservation of the mineral rights to the United States is interfering 

with or precluding appropriate surface development of the land and such development is a more 

beneficial use of the land. The BLM will retain the FMO with known mineral value. 

BLM-administered, non-USFS FMO under the jurisdiction of another Federal surface managing agency 

will be available for exploration and development as directed by the surface managing agency. Splitestate (i.e., non-USFS FMO underlying private or State-owned surface lands) will be subject to 

stipulations deemed necessary to protect existing surface improvements or use. The BLM will apply 

stipulations to oil and gas leases as determined through this plan; however, surface management agencies 

may provide their own stipulations that will be attached to a lease during the lease-approval process. 

After this plan is approved, it is expected that additional FMO tracts will be identified or acquired through 

mineral leasing applications. If these tracts are similar in resource values and within the environmental 

issues analyzed in this plan, the new FMO tracts will be managed according to the guidance of this plan 

and incorporated into the plan through plan maintenance. 

Non-USFS FMO in the Warrior Basin will be available for further coal leasing consideration and limited 

to underground mining methods. BMPs will be applied as appropriate when processing a Lease by 

Application (LBA). 

2.2.1.12 Recreation and Travel Management 

Goals and Objectives: Allow recreation use and travel compatible with other resource management 

objectives. 

Management Actions: The BLM surface tracts are open to dispersed recreational use, including hunting, 

fishing, hiking, and nature study. Case-by-case processing of land use and mineral development proposals 

will consider impacts to recreation where it has been identified as a public concern. Due to the scattered 

nature of the small surface tracts and lacking recreation interest, special recreation management areas 

(SRMA) will not be designated within this RMP, and all surface tracts will be managed as extensive 

recreation management areas (ERMA). 
 January 2009 

12 Alabama Record of Decision 

And Approved Resource Management Plan 

2.2.1.13 Lands and Realty 

Goals and Objectives: Manage the land ownership pattern, withdrawal, and use of public lands to 

promote efficiency of management and protect important resource values. In addition, make public lands 

available for purposes such as transportation routes or utilities, when consistent with other resource goals. 

Management Actions: All land use proposals will be evaluated for conformance with plan objectives and 

land use decisions. Case-by-case processing will include analysis of environmental impacts through the 

NEPA compliance process. Land disposals will be conducted to meet the requirements identified under 

applicable authorities. To be considered suitable for disposal through sale, lands must meet the following 

criteria outlined in Section 203 of the FLPMA: 

(1) Such tract, because of its location or other characteristics, is difficult and uneconomic to 

manage as part of the public lands and is not suitable for management by another Federal 

department or agency 

(2) Such tract was acquired for a specific purpose, and the tract is no longer required for that or 

any other Federal purpose 

(3) Disposal of such tract will serve important public objectives, including, but not limited to, 

expansion of communities and economic development, which cannot be achieved prudently or 

feasibly on land other than public land and which outweigh other public objectives and values, 

including, but not limited to, recreation and scenic values, which would be served by maintaining 

such tract in Federal ownership. 

Lands may be exchanged as authorized by Section 206 of the FLPMA when the exchange would serve 

the national interest and benefit BLM programs or the programs of other Federal agencies. Lands may be 

conveyed to State and local government agencies and other qualified organizations under the Recreation 

and Public Purposes Act of 1926 (R&PP), as amended. Under R&PP, lands may be conveyed or leased 

only for an established or proposed project for which there are development and management plans, as 

well as adequate funding by the R&PP applicant to complete the development and a reasonable timetable 

of development. 

Specific surface tracts identified for disposal under the various management alternatives will be evaluated 

for the presence of significant resource values before such action. Resources to be evaluated include 

minerals, recreation, cultural resources, wetlands, and special status species. This evaluation will also be 

applied before disposal of any additional BLM-administered surface tracts that are identified or verified 

after approval of the RMP. 

Tracts with uncertain titles will be handled on a case-by-case basis in accordance with the Color-of-Title 

Act, under which claimants may apply for transfer of these tracts and, if qualified, purchase the tracts to 

obtain title. 

Existing withdrawals will be subject to review to determine if they are serving their intended purpose. 

The BLM has the authority to revoke, modify, extend, or change withdrawals in accordance with the 

provisions and limitations of Section 204 of FLPMA. 

Additional surface tracts may return to BLM administration after revocation of withdrawals, reversion of 

R&PP lands, and resolution of title. These additional surface tracts will be managed according to 

applicable guidance of this plan. 
January 2009 

Alabama Record of Decision 13 

And Approved Resource Management Plan 

Resolution of unauthorized use will be pursued on a case-by-case basis. Resolution will include 

termination of use and payment of damages, including reclamation of disturbed land, if needed. In some 

cases, use may be authorized through ROWs, permits, leases, or land disposal. Valid authorizations will 

be protected if the land undergoes disposal. 

2.2.1.14 Hazardous Materials 

Goals and Objectives: Minimize or eliminate the potential for intentional or accidental releases of 

hazardous materials or wastes from BLM-authorized actions. 

Management Actions: Proposed activities on BLM-administered surface tracts and non-USFS FMO 

will be evaluated for their potential to release hazardous materials into the environment. Authorized use 

of hazardous materials must comply with the Resource Conservation and Recovery Act (RCRA). 

Disposal of hazardous materials is prohibited. Discovery of hazardous materials that have not been 

permitted will be handled in accordance with the reporting, removal, and remediation requirements of the 

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). 

2.2.2 Management of Non-USFS FMO 

Management of mineral leasing and development of BLM-administered, non-USFS FMO is limited to oil 

and gas leasing. Non-USFS FMO includes mineral ownership underlying BLM-administered surface 

tracts. Management for coal leasing is presented in the Standard Management Section. Where non-USFS 

FMO is concerned, decisions of this RMP pertain only to the BLM’s role in administering the minerals. 

There are four oil and gas leasing categories. Following is a description of each. 

• Open to leasing, subject to standard lease terms and conditions. Includes areas in which 

standard lease terms and conditions are determined to be sufficient to protect other land uses or 

resource values. 

• Open to leasing, subject to minor constraints. Comprises areas in which moderately restrictive 

lease stipulations such as timing limitations or distance setbacks are required to mitigate impacts 

to other land uses or resource values. Such constraints are often referred to as Controlled Surface 

Use (CSU). 

• Open to leasing, subject to major constraints. Encompasses areas in which highly restrictive 

lease stipulations, such as No Surface Occupancy (NSO), are required to mitigate impacts to other 

land uses or resource values. 

• Closed to leasing. Designated for areas where other land uses or resource values cannot be 

adequately protected by even the most restrictive lease stipulations. Appropriate protection can be 

ensured only by closing the lands to leasing. 

The acreage of BLM-administered, non-USFS FMO available for oil and gas leasing in Alabama is 

shown in Table 1. Federal oil and gas leases contain standard lease terms that are included on the lease 

form, many of which are designed to protect natural resources. Special stipulations can be attached to a 

lease to respond to specific environmental or resource concerns for a particular lease area. Special 

stipulations are developed during the land use planning process, such as this RMP. Stipulations are 

attached to and made part of the lease and modify standard lease terms or the manner in which operations 

may be conducted. 
 January 2009 

14 Alabama Record of Decision 

And Approved Resource Management Plan 

2.2.2.1 Reasonably Foreseeable Development Scenario for Minerals 

Alabama has been classified as having high occurrence potential for oil and gas resources, based on the 

RFDS prepared by the BLM. It is estimated that 20 wells will be drilled on non-USFS FMO in Alabama 

over the next 20 years (BLM 2004). These actions are expected to disturb a total of 105 acres in Alabama. 

Table 1. Oil and Gas Leasing Categories in Alabama 

Oil and Gas Leasing Category Proposed Plan 

(Acres) 

Open to leasing, subject to standard 

lease terms and conditions 144,895 

Open to leasing, subject to minor 

constraints 117,506 

Open to leasing, subject to major 

constraints 43,239 

Closed to leasing 8,179 

TOTAL 313,819 a

Notes: 

a Represents all BLM-administered, non-USFS FMO within 

the State of Alabama.

2.2.2.2 Proposed Stipulations 

Three types of lease stipulations will be applied, defined as follows: 

• No Surface Occupancy (NSO). A constraint that prohibits occupancy or disturbance on all or 

part of a lease surface to protect special values or uses. Lessees may exploit the fluid mineral 

resources under the lease surface through use of directional drilling from outside the NSO area. 

• Controlled Surface Use (CSU). A constraint under which use and occupancy is allowed (unless 

restricted by another stipulation), but identified resource values require special operational 

limitations that may modify lease rights. 

• Seasonal (Timing Limitation). A constraint that prohibits surface use during specified periods to 

protect identified resource values. 

For each stipulation, there are provisions for exception, modification, and waiver. An exception is a onetime exemption to the stipulations, determined on a case-by-case basis. A modification is a change to the 

provisions of the stipulation, either temporarily or for the term of the lease. A waiver is a permanent 

exemption to the stipulation. For Federally listed species, exception, modification, and waiver will 

typically require coordination and possibly formal consultation with the USFWS. 

Bald Eagle 

Stipulation (NSO): No surface occupancy or disturbance will be permitted within a 1,500-foot buffer 

zone around active or inactive bald eagle nests and communal roost sites (primary zone). 

Objective: To avoid impact to nesting eagles, including impact to important courtship and 

nesting behavior, egg laying and incubation, and feeding and fledging activity. 
January 2009 

Alabama Record of Decision 15 

And Approved Resource Management Plan 

Exception: An exception may be granted if the operator agrees to implement measures developed 

in consultation with USFWS and appropriate State agencies. 

Modification: This stipulation may be modified to remain consistent with Federal or State 

guidelines or if a portion of the stipulated area is no longer within the 1,500-foot buffer zone. 

Waiver: This stipulation may be waived if no suitable nest sites are within 1,500 feet of any 

portion of the leased tract or if the nest site has not been used for at least 5 years. 

Stipulation (CSU): BLM-permitted projects will not remove trees suitable for nesting within a 1.5-mile 

buffer zone around active or inactive bald eagle nests and communal roost sites (secondary zone). 

Objective: To protect foraging habitat, promote nest fidelity, and maintain habitat integrity 

around bald eagle nests and communal roosting sites. 

Exception: An exception may be granted if the operator agrees to implement measures developed 

in consultation with USFWS and in coordination with State agencies. 

Modification: This stipulation may be modified to remain consistent with Federal and State 

guidelines or if a portion of the stipulated area is no longer within the 1.5-mile buffer zone. 

Waiver: This stipulation may be waived if no nest or communal roosting site can be identified 

within 1.5 miles of the leased tract or if the applicant can document that no sites have been used 

by bald eagles for 5 consecutive years. 

Stipulation (Timing Limitation): Surface-disturbing and other activities that are potentially disruptive to 

nesting bald eagles are prohibited within 1.5 miles of a bald eagle nest or communal roosting site between 

December 1 and August 1. 

Objective: To protect foraging habitat, promote nest fidelity, and maintain habitat integrity 

around bald eagle nest and roosting sites. 

Exception: An exception may be granted if the operator agrees to implement measures developed 

in consultation with USFWS and in coordination with State agencies. 

Modification: This stipulation may be modified to remain consistent with Federal and State 

guidelines or if a portion of the stipulated area is no longer within the 1.5-mile buffer zone. 

Waiver: This stipulation may be waived if no nest site can be identified within 1.5 miles of any 

portion of the leased tract or if the applicant can document that no sites have been used by bald 

eagles for 5 consecutive years. 

Red-Cockaded Woodpecker 

Stipulation (NSO): No surface occupancy or disturbance within 0.5 mile of a red-cockaded woodpecker 

cluster, defined as the area containing all active and inactive cavity trees and a 200-foot buffer zone 

surrounding that area. Vehicle use is prohibited within a cluster except for through-travel on existing, 

maintained, paved roads. 

Objective: To protect red-cockaded woodpecker nest sites from disturbance and habitat 

degradation. 
 January 2009 

16 Alabama Record of Decision 

And Approved Resource Management Plan 

Exception: An exception may be granted to allow surface occupancy within 0.5 mile of a cluster 

if the operator agrees to measures developed in consultation with USFWS and in coordination 

with State agencies. 

Modification: This stipulation may be modified if a portion of the stipulated area is no longer 

within the 0.5-mile buffer zone. 

Waiver: This stipulation may be waived if no cluster can be identified within 0.5 mile of the 

leased tract. 

Sea Turtles 

(Green sea turtle, hawksbill sea turtle, Kemp’s ridley sea turtle, leatherback sea turtle, and loggerhead 

sea turtle) 

Stipulation (NSO): No surface occupancy or disturbance is permitted in suitable sea-turtle nesting 

habitat. 

Objective: To protect sea turtle nesting habitat. 

Exception: An exception may be granted if the operator agrees to implement measures developed 

in consultation with USFWS and in coordination with State agencies. 

Modification: This stipulation may be modified if a portion of the stipulated area is no longer 

suitable sea turtle nesting habitat.

Waiver: This stipulation may be waived if it is determined that none of the leased area is suitable 

sea turtle nesting habitat. 

Gopher Tortoise, Eastern Indigo Snake, Gopher Frog, and Black Pine 

Snake 

Stipulation (CSU): BLM-approved surveys will be required in all suitable gopher tortoise habitat where 

the tortoise is listed, including: Choctaw, Washington, Sumter, and Mobile counties. No surface 

disturbance or activity is permitted within 600 feet of a gopher tortoise burrow. 

Suitable habitat includes areas with deep, well-drained and excessively well-drained sandy soils, 

especially the following U.S. Department of Agriculture (USDA)-National Resource Conservation 

Service (NRCS) soil series with an open understory with grass and forb groundcover open areas. Suitable 

soils include Alaga, Bigbee, Eustis, Lakeland, Wadley or Troup, McLaurin, Benndale, Heidel, Bama, 

Smithdale, Ruston, Lucedale, Lucy, Shubuta, Baxterville, Malbis, Poarch, Saucier, Susquehanna, 

Boswell, Lorman, Freestone, Freest, Prentiss, Savannah, Basin, and Petal. 

Objective: To protect gopher tortoise habitat and commensal species. 

Exception: Exceptions may be granted if the proponent agrees to implement measures developed 

in consultation with USFWS and in coordination with State agencies. 

Modification: This stipulation may be modified if suitable gopher tortoise habitat does not exist 

in the stipulated area and that area does not provide forage habitat for adjacent tortoise 

populations. Survey requirements may be modified if current tortoise surveys of the tract are 

approved by the BLM and USFWS. 
January 2009 

Alabama Record of Decision 17 

And Approved Resource Management Plan 

Waiver: This stipulation may be waived if suitable gopher tortoise habitat does not exist on the 

tract and the tract does not provide forage habitat for gopher tortoises in adjacent areas. 

Alabama Beach Mouse 

Stipulation (NSO): No surface occupancy or disturbance will be permitted within suitable Alabama 

beach mouse habitat or its Federally designated critical habitat. 

Objective: To avoid impacts to suitable Alabama beach mouse habitat and designated critical 

habitat. 

Exception: An exception may be granted if measures are developed and implemented in 

consultation with USFWS to avoid potential take of the species. These measures must also be 

coordinated with State agencies. 

Modification: This stipulation may be modified if a portion of the stipulated area is found to be 

no longer suitable Alabama beach mouse habitat.

Waiver: This stipulation may be waived if it is determined that none of the leased area is suitable 

Alabama beach mouse habitat. 

Gray Bat, Indiana Bat, Alabama Cave Shrimp, and Alabama Cavefish 

Stipulation (NSO): No surface occupancy or disturbance is permitted within 250 feet of caves, fractures, 

large sinkholes, and perennial or intermittent streams in or adjacent to counties with documented gray bat 

or Indiana bat populations. 

Objective: To prevent any impact to hydrologic networks connected to cave habitats and to 

protect flight paths and food sources for the bats. 

Exception: An exception may be granted if the operator agrees to implement measures developed 

in coordination with USFWS and appropriate State agencies. Formal consultation with USFWS 

may be required if determined necessary to protect species and associated habitat. 

Modification: This stipulation may be modified if a portion of the stipulated area is found to be 

no longer within the 250-foot buffer zone.

Waiver: This stipulation may be waived if no portion of the leased area is within the 250-foot 

buffer zone. 

Stipulation (NSO): No surface occupancy or disturbance is permitted within 0.5 mile of an Indiana bat or 

gray bat summer roost or gray bat wintering-cave hibernacula. 

Objective: To prevent fatal disturbance during summer nursery roosting or winter hibernation. 

Exception: An exception may be granted if the operator agrees to implement measures developed 

in coordination with USFWS and appropriate State agencies. Formal consultation with USFWS 

may be required if determined necessary to protect species and associated habitat. 

Modification: This stipulation may be modified if the project does not adversely affect Indiana or 

gray bat hibernacula, with concurrence from USFWS and the appropriate State agencies. 
 January 2009 

18 Alabama Record of Decision 

And Approved Resource Management Plan 

Waiver: This stipulation may be waived if the lease is not within 0.5 mile of an Indiana bat or 

gray bat hibernacula.

Stipulation (CSU): A BLM-permitted action will not remove shagbark hickory trees or snags within 1.5 

miles of an Indiana bat or gray bat hibernacula. 

Objective: To prevent fatal disturbance during summer nursery roosting or winter hibernation. 

Exception: An exception may be granted if the operator agrees to implement measures developed 

in coordination with USFWS and appropriate State agencies. Formal consultation with USFWS 

may be required if determined necessary to protect species and associated habitat. 

Modification: None. 

Waiver: None.

Stipulation (CSU): Injection or disposal of produced water or water withdrawal will not be allowed into 

identified karstic habitat or any hydrologic network connected to caves used by the bats or other listed 

cave species. 

Objective: To prevent any impact to hydrologic networks connected to bat caves and flight paths, 

and to protect food sources for the bat. 

Exception: An exception may be granted if the operator agrees to implement measures developed 

in coordination with USFWS and appropriate State agencies. Formal consultation with USFWS 

may be required if determined necessary to protect species and associated habitat. 

Modification: The stipulation may be modified if a portion of the stipulated area is not in karstic 

habitat or a hydrologic network connected to caves used by the bats.

Waiver: The stipulation may be waived if none of the lease area is karstic habitat or is not 

hydrologically connected to caves used by the bats. 

Aquatic Habitats 

(Habitat for special status species including the Mississippi gopher frog; Alabama red-bellied turtle; 

flattened musk turtle; blue shiner; Gulf sturgeon; slackwater darter; sensitive clam and snail species 

including the ovate clubshell, southern clubshell, and Tulotoma snail; and wood stork) 

Stipulation (NSO): No surface occupancy or disturbance, including discharges, are permitted within 250 

feet of a river, stream, wetland spring, headwaters, wet meadows, wet pine savannas, pond, tributary, 

lake, coastal slough, sand bars, vernal pools on granite outcrops, calcareous seepage marshes, brackish 

marshes, saltmarsh or small, marshy calcareous streams. 

Objective: To protect the water quality of watersheds and natural stream substrate and 

morphology and to avoid potential impacts to Federal- and State-listed aquatic species. 

Exception: An exception may be granted if the operator agrees to 1) span creeks and floodplains 

by attaching pipelines to bridges; 2) directionally drill under creeks, rivers, and other waters 

supporting listed species; or 3) implement other measures developed in consultation with USFWS 

and in coordination with State agencies. 
January 2009 

Alabama Record of Decision 19 

And Approved Resource Management Plan 

Modification: The buffer may be reduced if the adjacent waterway has been surveyed for 100 

yards upstream and 300 yards downstream of the site, and the results document the lack of 

suitable/occupied habitat for special status species within the mixing zone downstream of the 

project, as determined by the BLM and USFWS. 

Waiver: The stipulations may be waived if it is determined that the lease area has no 

hydrological connection to habitat of sensitive aquatic species. 

Piping Plover, Least Tern 

Stipulation: No surface disturbance in piping plover and least tern habitat from the debris wrack line to 

the low-tide line of coastal beaches. 

Objective: To protect wintering piping plover and least terns. 

Exception: An exception may be granted if the operator agrees to implement measures developed 

in consultation with the USFWS and in coordination with State agencies. 

Modification: Temporary surface use may be permitted if USFWS concurs that the action would 

not adversely affect piping plover or least tern or suitable habitat. 

Waiver: This stipulation may be waived if the tract does not contain suitable piping plover or 

least tern habitat. 

Sensitive Plant Species 

(Including Alabama canebrake pitcher plant, green pitcher plant, Alabama leather flower, Kral’s waterplantain, Mohr’s Barbara’s buttons, Morefield’s leather flower, Price’s potato-bean, and harperella) 

Stipulation (CSU): All suitable special status plant species habitat will be identified during 

environmental review of any proposed surface use activity. If field examination indicates that habitat of 

one or more of these species is present, the BLM will require a survey by a qualified botanist for special 

status plants during periods appropriate to each species. Operations will not be allowed in areas where 

sensitive plants would be affected. 

Objective: To protect threatened, endangered, candidate, proposed, and BLM sensitive plant 

species. 

Exception: An exception may be granted if the operator agrees to implement measures developed 

in consultation with USFWS and in coordination with State agencies. 

Modification: The stipulation may be modified if it is determined that a portion of the lease area 

does not support sensitive plant species. 

Waiver: The stipulation may be waived if it is determined that the lease area does not support 

sensitive plant species. 

Best Management Practices 

BMPs are mitigation measures applied on a site-specific basis to reduce, prevent, or avoid adverse 

impacts. They may be incorporated as design features when actions are proposed or may be attached as 

conditions of approval for BLM-permitted Applications for Permit to Drill (APD) for oil and gas. 
 January 2009 

20 Alabama Record of Decision 

And Approved Resource Management Plan 

The BMPs described below are mandatory and are applied to oil and gas operations on new and existing 

leases. Note that the objective of each BMP is to reduce adverse impacts to specific resources, and that 

there is some flexibility in implementation. The degree of flexibility will vary. Application of BMPs 

when there is potential to affect Federally listed, proposed, or candidate species or designated critical 

habitat will typically require coordination and possibly formal consultation with USFWS. Examples of 

national environmental BMPs are listed below; other BMPs that could be applied during site-specific 

evaluation can be found in the Surface Operating Standards and Guidelines for Oil and Gas Exploration 

and Development, Gold Book (BLM 2006) and at http://www.blm.gov/bmp. 

• Interim reclamation of the well and access road 

• Painting of all facilities to blend into the background 

• Design and construct all new roads to a safe and appropriate standard, “no higher than necessary” 

to accommodate intended vehicular use 

• Final reclamation of all disturbed areas, including access roads, to the original or similar contour 

• Raptor perch-avoidance devices on powerlines 

• Burial of powerlines and flow lines in or immediately adjacent to access roads 

• Centralized production facilities 

• The use of submersible pumps where feasible 

• Below-ground wellheads where feasible 

• Multiple wells from a single well pad where feasible 

• Noise-reduction techniques to reduce noise from compressors or other motorized equipment 

• Seasonal restrictions on public vehicular access where there are wildlife-conflict or road 

damage/maintenance issues 

• Avoidance of production facilities on hilltops and ridgelines 

Disposal of Produced Water 

Objective: To protect aquatic habitats for and to avoid potential impacts to special status fish, mussels, 

turtles, snails, plants, and migratory birds.

The preferred method for disposal of produced water will be through reinjection to a permeable formation 

with total dissolved solids (TDS) content higher than 10,000 milligrams per liter (mg/L) where the aquifer 

is not hydrologically connected to caves, wetlands, or surface water. In Alabama, the injection of 

produced water is regulated by the Alabama State Oil and Gas Board. 

Alabama’s Department of Environmental Management (ADEM) prohibits injection of pollutants from 

Class I Wells below an Underground Source of Drinking Water (USDW); injection of wastes from oil and 

gas production (Class III Wells) is regulated by the Alabama State Oil & Gas Board; ADEM regulates 

Class III Wells involving solution mining of certain minerals, such as salt. Class IV Wells are banned 

national by federal regulations; all others (Class V Wells) comprise about 90% of permitted injection 

wells in Alabama. EPA regulates all classes of injection wells on Tribal lands in Alabama. For surface 

water discharges into waters of the U.S., applicants will need State-issued National Pollution Discharge 

Elimination System (NPDES) permits, or federally-issued NPDES permits if the receiving water were on 

Tribal lands. 

If reinjection is not practicable, closed-containment treatment systems should be used to contain and treat 

produced water for those contaminants and sediments exceeding State standards or EPA criteria. Salt 

content of any surface ponds for produced water, pigging pits, or other fluids must be less than 7,500 

microsiemens per centimeter (μS/cm). If surface pond salt content is greater than 7,500 μS/cm, if other 

bird toxicity is present, or if the surface exhibits sheen, then the ponds must be netted or covered with 

floating balls, or other methods must be used to exclude migratory birds. 
January 2009 

Alabama Record of Decision 21 

And Approved Resource Management Plan 

Produced waters may be released into an impounded reservoir if there is documentation that the discharge 

site and affected waters do not support special status species, are not designated critical habitat, and State 

and Federal water quality standards/criteria are met. 

Produced waters may be released into a stream/river if the discharge site and affected waters have been 

recently surveyed and lack special status species, or if the applicant conducts approved surveys 

documenting the absence of special status species, State and Federal water quality standards/criteria are 

met, and a National Pollution Discharge Elimination System (NPDES) permit is obtained. The applicant 

should be aware that some species can be surveyed only during certain times of the year. 

Produced waters may be released into a stream/river if the applicant can document that the produced 

waters would not adversely affect special status species. Water quality tests will be conducted on stream 

segment(s) or other locations proposed as discharge points, volumes to be released, and any settling ponds 

or other treatments proposed to improve wastewater quality. The water quality test data, any monitoring 

proposed, and other available information about general coalbed methane effluent characteristics (from 

published or unpublished literature) shall be reviewed by USFWS. Information about timing of the 

releases in relation to low water and other planned BMPs is also required. Testing will include analysis of 

the discharge site and affected waters for chemical oxygen demand (COD), conductivity, total suspended 

solids (TSS), As, Hg, Se, and polycyclic aromatic hydrocarbons (PAH). Dissolved oxygen and ammonia 

standards/criteria must be met in bottom waters if they support listed benthic or epibenthic species. If a 

special status species has been documented to be more sensitive than State/Federal standards/criteria, sitespecific standards for that species may be imposed. Calculations will be based on State standards (or 

Federal CCC criteria for protection of freshwater aquatic life when the State has not determined a 

standard for these parameters). 

Invasive and Non-Native Species 

Objective: To discourage the spread of invasive, non-native plants. 

Use of native or non-invasive cover plants in seeding mixtures will be encouraged to stabilize disturbed 

areas and during restoration activities. Construction areas will be surveyed for invasive species prior to 

ground disturbance. If invasive species are found, the proper control techniques will be used to either 

eradicate the species from the area or minimize its spread to other areas. If cogongrass is found on site 

equipment should be washed before exiting the site to prevent the spread of this highly invasive species to 

other locations. Post-construction monitoring for cogongrass and other invasive plant species should be 

conducted to ensure early detection and control. In the case of split-estate land, final seed mixtures will be 

formulated in consultation with the private landowner. 

Migratory Birds and Federally Listed Wildlife 

Objective: To protect perch and roosting sites and terrestrial habitats for and to avoid potential impacts to 

migratory birds and Federally listed wildlife. 

Any reserve pit that is not closed within 10 days after a well is completed and that contains water must be 

netted or covered with floating balls, or another method must be used to exclude migratory birds. 

Maximum design speed on all operator-constructed and maintained (non-public) roads shall not exceed 

25 miles per hour to minimize the chance of a collision with migratory birds or other listed wildlife 

species.
 January 2009 

22 Alabama Record of Decision 

And Approved Resource Management Plan 

All powerlines must be built to protect raptors and other migratory birds, including bald eagles, from 

accidental electrocution, using methods detailed by the Avian Power Line Interaction Committee (APLIC 

2006). 

Objective: To avoid or minimize the possibility of the unintentional take of migratory birds during 

periods of concentrated nesting activity and to provide long-term benefits and improved vegetation 

community condition. 

The BLM or other qualified personnel may be required identify suitable migratory bird nesting habitat 

within the project site. Opportunities should be evaluated to shift disturbance away from high value 

migratory bird nesting or foraging habitats, or to replace habitat on or off site. 

A Timing Limitation may be imposed on use authorizations to mitigate large-scale vegetative disturbing 

activities during the primary portion of the nesting season. Dates could be adjusted for the species and 

environmental conditions. 

Perching and Nesting Birds and Bats 

Objective: To prevent birds and bats from entering or nesting in or on open vent stack equipment.

Open vent stack equipment, such as heater-treaters, separators, and dehydrator units, will be designed and 

constructed to prevent birds and bats from entering or nesting in or on such units and, to the extent 

practical, to discourage birds from perching on the stacks. Installing cone-shaped mesh covers on all open 

vents is one suggested method. Flat mesh covers are not expected to discourage perching and will not be 

acceptable. 

Pesticide Application 

Objective: To protect the water quality of watersheds and natural stream substrate and morphology 

supporting special status species and their host species. 

Any ground application of herbicides or other pesticides, sterilants, or adjuvants within 150 feet of listed 

species or habitat will require site-specific control measures developed in coordination or formal 

consultation with USFWS. No aerial application of herbicides or pesticides will be permitted. 

Table 2. Leasing Stipulations in Alabama a

Area Total non-USFS FMO 

(Acres) a, b

NO LEASE 

Other Surface-Management Agency Lands 

 USFWS 3,384 

 Department of Defense (DoD—Maxwell Air Force Base) 1,495 

 National Park Service (NPS) 3,300 

Total Affected Area b 8,179 

NO SURFACE OCCUPANCY/NO SURFACE DISTURBANCE 

Bald eagle nests (1,500-foot buffer around active or inactive nests and 

communal roost sites) 30 

Red-cockaded woodpecker (0.5-mile cluster plus a 200-foot buffer zone 

surrounding that area) 888 
January 2009 

Alabama Record of Decision 23 

And Approved Resource Management Plan 

Area Total non-USFS FMO 

(Acres) a, b

Sea turtle suitable nesting habitat (100-foot buffer from the mean high-tide line of 

coastal beaches) 513 

Gray bat, Indiana bat, Alabama cave shrimp, Alabama cavefish (600-foot buffer 

around caves, fractures, large sinkholes or 250-foot buffer around perennial or 

intermittent streams in or adjacent to counties with documented populations) 

12,898 

Gray bat or Indiana bat summer roost or gray bat wintering cave hibernacula 

(0.5-mile buffer) 3,044 

Freshwater aquatic species (250-footbuffer around river, stream, wetland spring, 

headwaters, wet meadows, wet pine savannas, pond, tributary, lake, coastal 

slough, sand bars, vernal pools on granite outcrops, calcareous seepage 

marshes, or small, marshy calcareous streams; buffer may be extended up to 

600 feet if slope exceeds 10 percent) 

38,111 

Piping plover/least tern habitat (from the debris rack line to the low-tide line of 

coastal beaches) 2,200 

Alabama beach mouse suitable habitat or Federally designated critical habitat 365 

Total Affected Areab 58,049 

CONTROLLED SURFACE USE 

Bald eagle nests (no tree removal within 1.5-mile buffer zone around active or 

inactive bald eagle nests and communal roost sites) 1,000 

Gopher tortoise burrow (600-foot buffer) ND 

Gray bat/Indiana bat hibernacula (1.5-mile buffer) 11,573 

Identified karstic habitat or any hydrologic network connected to caves used by 

listed bat species or other listed cave species 112,368 

Sensitive plant species habitat 103 

Total Affected Areab 125,044 

SEASONAL LIMITATIONS 

Bald eagle nest or communal roosting sites (timing restriction within 1.5 miles 

between December 1 and August 1) 1,299 

Total Affected Areab 1,299 

OPEN TO LEASING, SUBJECT TO STANDARD LEASE TERMS AND CONDITIONS 

Total Affected Areab 144,895 

Notes: 

a All Federal mineral estate in Alabama has high potential for oil and gas resources. 

b Total acres under each alternative do not represent accurate totals shown in Table 1 because of the overlap of land 

resources and land use restrictions. 

ND No habitat data available to estimate affected area. 

2.2.3 Management of Surface Tracts 

For the purposes of this plan, the surface tracts were grouped on the basis of geographic proximity and 

similar management needs. The surface tract groups to be discussed in this section include the Coosa 

River Tracts, Fort Morgan Beach Tracts, Fort Morgan Highway Tracts, Fowl River Tract, Geneva Tract, 

and Jordan Lake. These surface tracts and their associated acreage, county, and legal description are listed 

in 3. Proposed planning decisions for each surface tract grouping are detailed later in this document and 

are accompanied by maps depicting the tract locations (Maps 2-1 through 2-7). 
 January 2009 

24 Alabama Record of Decision 

And Approved Resource Management Plan 

Table 3. Surface Tracts in Alabama 

Name of Tract Group Acres County Legal Descriptiona

Coosa River Tracts 

St. Stephens Meridian 

Foshee Islands 

9.58 Coosa T. 22N, R. 16E, Sec. 5, Lots 1, 2, and 5 

3.25 Coosa T. 22N, R. 16E, Sec. 8, Lot 1 

Little Rock Island 0.45 Coosa T. 22N, R. 16E, Sec. 5, Lot 3 

Big Rock Island 6.09 Coosa T. 22N, R. 16E, Sec. 5, Lot 4 

Gilchrist Island 4.38 Coosa T. 23N, R. 16E, Sec. 32, Lot C 

 Huntsville Meridian 

Unnamed Island 0.07 Calhoun T. 14S, R. 5E, Sec. 24, Lot 2 

Smith Island 5.58 Shelby T. 20S, R. 2E, Sec. 24, Lot 1 

Prince Island 12.74 Talladega 

T. 20S, R. 2E, Sec. 24, Lot 2 

T. 20S, R. 2E, Sec. 13, Lot 1 

T. 20S, R. 3E, Sec. 18, Lot 1 

Total Acreage of Tract Group 42.14

Fort Morgan Beach Tracts 

 St. Stephens Meridian

Fort Morgan Beach Tract 0.84 Baldwin T. 9S, R. 1E, Sec. 25, Lot 24 

Fort Morgan Beach Tract 5.32 Baldwin T. 9S, R. 1E, Sec. 26, Lots 13 and14 

Fort Morgan Beach Tract 10.60 Baldwin T. 9S, R. 2E, Sec. 27, Lots 54 and 55 

Fort Morgan Beach Tract 11.94 Baldwin T. 9S, R. 2E, Sec. 25, Lots 73 and 74 

Total Acreage of Tract Group 28.70

Fort Morgan Highway Tracts 

 St. Stephens Meridian

Fort Morgan Highway Tract 20.16 Baldwin 

T. 9S, R. 1E, Sec. 25, Lot 5 

T. 9S, R. 1E, Sec. 26, Lot 15 

Fort Morgan Highway Tract 8.88 Baldwin T. 9S, R. 2E, Sec. 28, Lot 43 

Fort Morgan Highway Tract 12.24 Baldwin 

T. 9S, R. 2E, Sec. 27, Lot 56 

T. 9S, R. 2E, Sec. 28, Lot 44 

Total Acreage of Tract Group 41.28 

Fowl River Tract 

 St. Stephens Meridian

Fowl River Tract 41.73 Mobile T. 7S, R. 2W, Sec. 25, Lots 2–5

Geneva County Tract 

 Tallahassee Meridian

East Fork Choctawhatchee River Tract 0.95 Geneva T. 7N, R. 16W, Sec. 22, Lot 4 
January 2009 

Alabama Record of Decision 25 

And Approved Resource Management Plan 

Name of Tract Group Acres County Legal Descriptiona

Jordan Lake Tract 

 St. Stephens Meridian

Jordan Lake Tract 4.3 Chilton T. 21N, R. 16E, Sec. 14, Lot 1 

Total Surface Estate in Alabama 159.10 

a The legal description is abbreviated according to a rectangular survey system in which T. 22N, R. 16E, Sec. 5, Lot 1 

means that the area is located at Lot 1 of Section 5 in Township 22 North, Range 16 East, in the meridian specified above. 

Townships are divided into 36 numbered sections. A standard section comprises 1 square mile or 640 acres of land and consists 

of aliquot parts of sections (e.g., half section of 320 acres, quarter section of 160 acres, 16th section of 40 acres). The township 

number indicates how far in a given direction (north or south) of a surveyed parallel the township is located. The range number

indicates how far in a given direction (east or west) of a surveyed meridian the township is located. 

2.2.3.1 Coosa River Tracts (Maps 2-1a, 2-1b, 2-1c) 

Vegetative Communities 

Management Goals and Objectives

• Manage vegetative communities to protect, preserve, or enhance Federally listed and other special 

status plant species and imperiled plant communities. 

• Control noxious and invasive plant species. 

• Protect mature stands of mixed hardwood/pine overstory and a diversity of understory species. 

Allowable Uses and Management Actions

• Remove invasive species, such as mimosa (Albizia julibrissin Durazz L.) by hand and with 

selective, hand application of herbicide. 

• Conduct baseline inventories for special status plants. 

Fish and Wildlife Habitat 

Management Goals and Objectives

• Manage vegetative communities to protect, preserve, or enhance Federally listed and other special 

status fish and wildlife species and their habitat. 

Allowable Uses and Management Actions

• Monitor fledgling success of active bald eagle nests. 

Minerals 

Management Goals and Objectives

• Provide for leasing, exploration, and development of BLM-administered, non-USFS FMO while 

protecting other resource values. 

Allowable Uses and Management Actions

• The tracts would be open to leasing and subject to standard lease terms and conditions and BMPs, 

except for an NSO stipulation of a 250-foot buffer from aquatic habitats, and stipulations to 

protect bald eagle nesting and roosting habitat, as described in Appendix D of the Proposed 

RMP/Final EIS. 
 January 2009 

26 Alabama Record of Decision 

And Approved Resource Management Plan 

Recreation and Travel Management 

Management Goals and Objectives

• Allow recreation use and travel compatible with other resource management objectives. 

• Support water-based recreation opportunities consistent with the Coosa River Recreation Plan 

(Federal Energy Regulatory Commission [FERC] Project Nos. 2146, 082, and 618). 

Allowable Uses and Management Actions

• The tracts would be open to recreation use including fishing, picnicking, rest stops of boaters and 

canoeists, and wildlife observation. 

• The tracts would be designated as closed. 

Lands and Realty 

Management Goals and Objectives

• Manage the land ownership pattern, withdrawal, and use of public lands to promote efficiency of 

management and protect important resource values. 

• Make public lands available for purposes such as transportation routes or utilities, when 

consistent with other resource goals. 

Allowable Uses and Management Actions

• The tracts would be available for disposal under the condition that uses would be consistent with 

the resource management goals and objectives and allowable uses and management actions 

established under this alternative. 

• In the case of R&PP conveyance, use after disposal would be controlled through approval of and 

compliance with the plan of development. In the case of FLPMA disposal (e.g., sale), restrictive 

covenants would be required to protect sensitive resources. 

• These island tracts would be avoidance areas for ROWs to protect native vegetative communities 

and adjacent aquatic habitat.
January 2009 

Alabama Record of Decision 27 

And Approved Resource Management Plan 
 January 2009 

28 Alabama Record of Decision 

And Approved Resource Management Plan 
January 2009 

Alabama Record of Decision 29 

And Approved Resource Management Plan 
 January 2009 

30 Alabama Record of Decision 

And Approved Resource Management Plan 

2.2.3.2 Fort Morgan Beach Tracts (Map 2-2) 

Vegetative Communities 

Management Goals and Objectives

• Manage vegetative communities to protect, preserve, or enhance Federally listed and other special 

status plant species and imperiled plant communities. 

• Control noxious and invasive plant species. 

Allowable Uses and Management Actions

• Promote establishment and retention of native coastal-dune vegetative communities by planting 

native species and installing sand fencing to protect existing dune habitat. 

• Control invasive species through hand pulling, as needed. 

Fish and Wildlife Habitat 

Management Goals and Objectives

• Manage vegetative communities to protect, preserve, or enhance Federally listed and other special 

status fish and wildlife species and their habitat. 

• Maintain existing fish and wildlife habitat diversity. Actively promote the recovery of Federally 

listed species, such as Alabama beach mouse, piping plover, least turn, nesting sea turtles. 

Allowable Uses and Management Actions

• Construct protective, two-dune walk-over structures (approx. 300 feet each) and install sand 

fencing to enhance and protect existing dune habitat. 

• Reintroduce Alabama beach mice in suitable unoccupied habitat. 

• Monitor sea turtle nesting and mark active nests for protection to maximize nestling survivorship. 

Minerals 

Management Goals and Objectives

• Provide for leasing, exploration, and development of BLM-administered, non-USFS FMO while 

protecting other resource values. 

Allowable Uses and Management Actions

• The tracts would be open to leasing and subject to standard lease terms and conditions and BMPs, 

except for an NSO stipulation (as described in Appendix D of the Proposed RMP/Final EIS) to 

protect habitat for Alabama beach mouse, piping plover, least tern, and sea turtle nesting habitat. 

Recreation and Travel Management 

Management Goals and Objectives

• Allow recreation use, beach access, and travel compatible with other resource management 

objectives. 

Allowable Uses and Management Actions

• The tracts would be open to recreation compatible with habitat management, including use of the 

beach and saltwater fishing. 

• The tracts would be designated as closed. 
January 2009 

Alabama Record of Decision 31 

And Approved Resource Management Plan 

Lands and Realty 

Management Goals and Objectives

• Manage the land ownership pattern, withdrawal, and use of public lands to promote efficiency of 

management and protect important resource values. 

• Make public lands available for purposes such as transportation routes or utilities, when 

consistent with other resource goals. 

Allowable Uses and Management Actions

• Lots 24 (Section 25), 13 and 14 (Section 26), and 54 and 55 (Section 27) (Map 2-2) would be 

available for transfer to the Bon Secour National Wildlife Refuge (NWR). 

• If the tracts are not transferred to the Bon Secour NWR, the BLM will retain the tracts. 

• Lots 24 (Section 25), 13 and 14 (Section 26), and 54 and 55 (Section 27) would be avoidance 

areas for ROWs because of the presence of listed species and designated critical habitat. 

• Lots 73 and 74 would be transferred to USFWS as part of the Bon Secour NWR because they 

occur within the boundaries of the refuge. 
 January 2009 

32 Alabama Record of Decision 

And Approved Resource Management Plan 
January 2009 

Alabama Record of Decision 33 

And Approved Resource Management Plan 

2.2.3.3 Fort Morgan Highway Tracts (Map 2-3) 

Vegetative Communities 

Management Goals and Objectives

• Manage vegetative communities to protect, preserve, or enhance Federally listed and other special 

status plant species and imperiled plant communities. 

• Control noxious and invasive plant species. 

Allowable Uses and Management Actions

• Remove invasive species such as cogon grass and Chinese tallow by using an integrated program 

of hand removal and selective, hand application of herbicide. 

• Establish baseline inventories of special status plant species. 

Fish and Wildlife Habitat 

Management Goals and Objectives

• Manage vegetative communities to protect, preserve, or enhance Federally listed and other special 

status fish and wildlife species and their habitat. 

• Maintain existing fish and wildlife habitat diversity. Actively promote the recovery of the 

Federally listed Alabama beach mouse and other endemic species, particularly migratory 

songbirds and raptors, using the flatwood, scrub, and wetland habitats occurring on these tracts. 

Allowable Uses and Management Actions

• Incorporate Lots 5 and 15 (29 acres) into future prescribed burns conducted on adjacent Bon 

Secour NWR land to improve habitat values for migratory birds and scrub endemics as needed, 

depending on resource conditions, and in cooperation with USFWS. 

Minerals 

Management Goals and Objectives

• Provide for leasing, exploration, and development of BLM-administered, non-USFS FMO while 

protecting other resource values. 

Allowable Uses and Management Actions

• The tracts would be open to leasing and subject to standard lease terms and conditions and BMPs, 

except for an NSO stipulation (as described in Appendix D of the Proposed RMP/Final EIS) to 

protect habitat for Alabama beach mouse and a 250-foot buffer from wetlands and aquatic 

habitat. 

Recreation and Travel Management 

Management Goals and Objectives

• Allow recreation use compatible with other resource management objectives. 

Allowable Uses and Management Actions

• The tracts would be open to recreation compatible with habitat management, including 

sightseeing and hiking. 

• The tracts would be designated as closed. 
 January 2009 

34 Alabama Record of Decision 

And Approved Resource Management Plan 

Lands and Realty 

Management Goals and Objectives

• Manage the land ownership pattern, withdrawal, and use of public lands to promote efficiency of 

management and protect important resource values. 

• Make public lands available for purposes such as transportation routes or utilities, when 

consistent with other resource goals. 

Allowable Uses and Management Actions

• The tracts would be available for transfer to the Bon Secour NWR. 

• If the tracts are not transferred to the Bon Secour NWR, the BLM will retain the tracts. 

• Existing facilities within the highway ROW corridor would be allowed. New disturbance would 

be avoided because of the presence of Federally listed species and designated critical habitat.
January 2009 

Alabama Record of Decision 35 

And Approved Resource Management Plan 
 January 2009 

36 Alabama Record of Decision 

And Approved Resource Management Plan 

2.2.3.4 Fowl River Tract (Map 2-4) 

Vegetative Communities 

Management Goals and Objectives

• Manage vegetative communities to protect, preserve, or enhance Federally listed and other special 

status plant species and imperiled plant communities. 

• Control noxious and invasive plant species. 

• Promote establishment and retention of native wetland and flatwood plant communities. 

Allowable Uses and Management Actions

• Remove invasive species such as mimosa (Albizia julibrissin Durazz L.) by hand and with 

selective, hand application of herbicide. 

• Establish baseline inventories to monitor plant communities. 

Fish and Wildlife Habitat 

Management Goals and Objectives

• Manage vegetative communities to protect, preserve, or enhance Federally listed and other special 

status fish and wildlife species and their habitat. 

Allowable Uses and Management Actions

• Monitor fledgling success of active bald eagle nests. 

Minerals 

Management Goals and Objectives

• Provide for leasing, exploration, and development of BLM-administered, non-USFS FMO while 

protecting other resource values. 

Allowable Uses and Management Actions

• The tract would be open to leasing and subject to standard lease terms and conditions and BMPs, 

except for an NSO stipulation of a 250-foot buffer from wetlands and aquatic habitat, and 

stipulations to protect bald eagle nesting and roosting habitat, as described in Appendix D of the 

Proposed RMP/Final EIS. 

Recreation and Travel Management 

Management Goals and Objectives

• Allow recreation use compatible with other resource management objectives. 

Allowable Uses and Management Actions

• The tract would be open to recreation use including access for fishing, canoeing, and kayaking. 

• The tract would be designated as closed. 

Lands and Realty 

Management Goals and Objectives

• Manage the land ownership pattern, withdrawal, and use of public lands to promote efficiency of 

management and protect important resource values. 
January 2009 

Alabama Record of Decision 37 

And Approved Resource Management Plan 

• Make public lands available for purposes such as transportation routes or utilities, when 

consistent with other resource goals. 

Allowable Uses and Management Actions

• The tract would be available for disposal under the condition that uses would be consistent with 

the resource management goals and objectives and allowable uses and management actions 

established under this alternative. 

• In the case of R&PP conveyance, use after disposal would be controlled through approval of and 

compliance with the plan of development. In the case of FLPMA disposal (e.g., sale), restrictive 

covenants would be required to protect sensitive resources. 

• The tract would be an avoidance area for ROWs to protect native vegetative communities and 

adjacent wetland/aquatic habitat.
 January 2009 

38 Alabama Record of Decision 

And Approved Resource Management Plan 
January 2009 

Alabama Record of Decision 39 

And Approved Resource Management Plan 

2.2.3.5 Geneva Tract (Map 2-5) 

Vegetative Communities 

Management Goals and Objectives

• Manage vegetative communities to protect, preserve, or enhance Federally listed and other special 

status plant species and imperiled plant communities. 

• Control noxious and invasive plant species. 

Allowable Uses and Management Actions

• No specific actions are proposed. 

Fish and Wildlife Habitat 

Management Goals and Objectives

• Manage vegetative communities to protect, preserve, or enhance Federally listed and other special 

status fish and wildlife species and their habitat. 

Allowable Uses and Management Actions

• No specific actions are proposed. 

Minerals 

Management Goals and Objectives

• Provide for leasing, exploration, and development of BLM-administered, non-USFS FMO while 

protecting other resource values. 

Allowable Uses and Management Actions

• The tract would be open to leasing and subject to standard lease terms and conditions and BMPs, 

except for an NSO stipulation (as described in Appendix D of the Proposed RMP/Final EIS) of a 

250-foot buffer from aquatic habitat. 

Recreation and Travel Management 

Management Goals and Objectives

• Allow recreation use compatible with other resource management objectives. 

Allowable Uses and Management Actions

• The tract would be open to recreation use including canoeing, kayaking, and fishing. 

• The tract would be designated as closed. 

Lands and Realty 

Management Goals and Objectives

• Manage the land ownership pattern, withdrawal, and use of public lands to promote efficiency of 

management and protect important resource values. 

• Make public lands available for purposes such as transportation routes or utilities, when 

consistent with other resource goals. 

Allowable Uses and Management Actions

• The tract would be available for disposal from Federal ownership. 
 January 2009 

40 Alabama Record of Decision 

And Approved Resource Management Plan 

• The tract would be a ROW avoidance area because it is in a floodplain and is critical habitat for 

Gulf sturgeon. 
January 2009 

Alabama Record of Decision 41 

And Approved Resource Management Plan 
 January 2009 

42 Alabama Record of Decision 

And Approved Resource Management Plan 

2.2.3.6 Jordan Lake Tract (Map 2-6) 

Vegetative Communities 

Management Goals and Objectives

• Manage vegetative communities to protect, preserve, or enhance Federally listed and other special 

status plant species and imperiled plant communities. 

• Control noxious and invasive plant species. 

Allowable Uses and Management Actions

• No specific actions are proposed. 

Fish and Wildlife Habitat 

Management Goals and Objectives

• Manage vegetative communities to protect, preserve, or enhance Federally listed and other special 

status fish and wildlife species and their habitat. 

Allowable Uses and Management Actions

• No specific actions are proposed. 

Minerals 

Management Goals and Objectives

• Provide for leasing, exploration, and development of BLM-administered, non-USFS FMO while 

protecting other resource values. 

Allowable Uses and Management Actions

• The tract would be open to leasing and subject to standard lease terms and conditions and BMPs, 

except for an NSO stipulation (as described in Appendix D of the Proposed RMP/Final EIS) of a 

250-foot buffer from aquatic habitat. 

Recreation and Travel Management 

Management Goals and Objectives

• Allow recreation use compatible with other resource management objectives. 

Allowable Uses and Management Actions

• The tract would be open to recreation use including access to Jordan Lake for swimming and 

fishing. 

• The tract would be designated as limited. Motorized vehicle use would be limited to State- or 

county-maintained roads or other transportation routes specifically designated by a BLM-issued 

ROW. Other motorized vehicle access would be limited to administrative use and emergency 

response. 

Lands and Realty 

Management Goals and Objectives

• Manage the land ownership pattern, withdrawal, and use of public lands to promote efficiency of 

management and protect important resource values. 
January 2009 

Alabama Record of Decision 43 

And Approved Resource Management Plan 

• Make public lands available for purposes such as transportation routes or utilities, when 

consistent with other resource goals. 

Allowable Uses and Management Actions

• The tract would be available for disposal from Federal ownership. 

• The tract would be open for ROWs because of adjacent development and uses. ROWs would be 

collocated if possible.
 January 2009 

44 Alabama Record of Decision 

And Approved Resource Management Plan 
January 2009 

Alabama Record of Decision 45 

And Approved Resource Management Plan 

2.3 Management Plan Implementation 

When an approved land use plan decision document (i.e., ROD) is signed, most of the land use plan 

decisions are effective immediately and require no additional planning or NEPA analysis. Some programs 

have specific requirements that must be taken in order to make certain decisions effective. Upon approval 

of the land use plan, subsequent implementation decisions are put into effect by developing 

implementation (project-specific) plans. Implementation decisions are made with the appropriate level of 

NEPA analysis along with any procedural and regulatory requirements for individual programs. 

The regulations in 43 CFR 1610.4-9 require that land use plans establish intervals and standards for 

monitoring and evaluations, based on the sensitivity of the resource decisions involved. Land use plan 

monitoring is the process of (1) tracking the implementation of land use planning decisions 

(implementation monitoring) and (2) collecting data/information necessary to evaluate the effectiveness 

of land use planning decisions (effectiveness monitoring). 

The BLM field offices must determine what management actions are needed to implement those 

decisions. Sometimes actions occur just once, e.g., the development of an implementation plan; or actions 

occur on a fairly regular basis, e.g., steps taken to repair a damaged watershed. Monitoring is the process 

of following up on these management actions and documenting the BLM’s progress toward full 

implementation of the land use plan and the achievement of desired outcomes. Field offices are 

encouraged to involve state and local governments and the public if they express an interest in 

participating in this process. 

2.4 Plan Evaluation/Adaptive Management 

Evaluation is the process of reviewing the land use plan and the periodic plan monitoring reports to 

determine whether the land use plan decisions and NEPA analysis are still valid and whether the plan is 

being implemented. Land use plans are evaluated to determine if: (1) decisions remain relevant to current 

issues, (2) decisions are effective in achieving (or making progress toward achieving) desired outcomes, 

(3) any decisions need to be revised, (4) any decisions need to be dropped from further consideration, and 

(5) any areas require new decisions. In making these determinations, the evaluation should consider 

whether mitigation measures are satisfactory, whether there are significant changes in the related plans of 

other entities, and whether there is new data of significance to the plan. 

The plan will be periodically evaluated (at a minimum every 5 years) as documented in an evaluation 

schedule. Plan evaluations will also be completed prior to any plan revisions and/or major plan 

amendments. Special or unscheduled evaluations may also be required to review unexpected management 

actions or significant changes in the related plans of other Federal agencies, and state and local 

governments, or to evaluate legislation or litigation that has the potential to trigger an RMP amendment or 

revision. Evaluations may identify resource needs and means for correcting deficiencies and addressing 

issues through plan maintenance, amendments, or new starts. They should also identify where new and 

emerging resource issues and other values have surfaced. Evaluations may also identify new and 

innovative practices that improve effectiveness and efficiency so that other offices may benefit. 
 January 2009 

46 Alabama Record of Decision 

And Approved Resource Management Plan 

REFERENCES

APLIC 2006. Suggested Practices for Raptor Protection on Power Lines—The State of the Art 2006. 

 APLIC, Edison Electric Institute, and the California Energy Commission. Washington, D.C. and 

 Sacramento, CA. 

U.S. Department of the Interior, Bureau of Land Management (BLM). 2004. Mineral Report. Reasonable 

Foreseeable Development, Lands Involved: Non-Forest Service Federal Lands in the States of 

Alabama and Mississippi. BLM, April 6, 2004. 

U.S. Department of the Interior, Bureau of Land Management (BLM) and United States Department of 

Agriculture, Forest Service (USFS). 2006. Surface Operating Standards and Guidelines for Oil 

and Gas Exploration and Development, Gold Book. Fourth Edition. 

LIST OF PREPARERS

Erik Anderson 

Jared Gunnerson, MPA Environmental Management, University of Utah 2001, BA Political Science, 

Utah State University 1995 

Melanie Martin 

ACRONYMS

APD application for permit to drill 

APLIC Avian Power Line Interaction Committee 

ARPA Archaeological Resources Protection Act 

BA biological assessment 

BLM Bureau of Land Management 

BMP best management practice 

BO biological opinion 

CBM coal bed methane 

CCC 

CEQ Council on Environmental Quality 

CERCLA Comprehensive Environmental Response, Compensation, and Liability Act 

CFR Code of Federal Regulations 

CSU controlled surface use 

CWA Clean Water Act 

CWCS Comprehensive Wildlife Conservation Strategy 

CZM coastal zone management 

DEW 

DoD Department of Defense 

DOI Department of the Interior 
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Alabama Record of Decision 47 

And Approved Resource Management Plan 

EA Environmental Assessment 

EIS Environmental Impact Statement 

EPA Environmental Protection Agency 

ERMA extensive recreation management area 

ESA Endangered Species Act 

FEIS Final Environmental Impact Statement 

FLPMA Federal Land Policy and Management Act of 1976 

FMO federal mineral ownership 

JFO Jackson Field Office (BLM) 

LBA lease by application 

MCPS Mississippi Coastal Preserve System 

MDEQ Mississippi Department of Environmental Quality 

MFC Mississippi Forestry Commission 

mg/L milligrams per liter 

MNHP Mississippi Natural Heritage Program 

MSCZMP Mississippi Coastal Zone Management Program 

NAAQS National Ambient Air Quality Standards 

NEPA National Environmental Policy Act of 1969 

N.F. National Forest 

NHPA National Historic Preservation Act of 1966, as amended 

NOA Notice of Availability 

NOI Notice of Intent 

NPDES National Pollutant Discharge Elimination System 

NPS National Park Service 

NRCS National Resources Conservation Service 

NRHP National Register of Historic Places 

NRI National Resources Inventory 

NSO no surface occupancy 

NWI national wetland inventory 

NWR National Wildlife Refuge 

PAH polycyclic aromatic hydrocarbons 

PSD prevention of significant deterioration 

R&PP Recreation and Public Purposes Act 

RCRA Resource Conservation and Recovery Act 

RFDS reasonably foreseeable development scenario 

RMP Resource Management Plan 

ROD Record of Decision 

ROW right-of-way 

SHPO State Historic Preservation Officer 

SIP State Implementation Plan (Air Quality) 

SRMA special recreation management area 

T&E threatened and endangered 

TDS total dissolved solids 

Tg CO2 Eq. teragrams of CO2 equivalent 

TSS total suspended solids 

UIC 

USC United States Code 

USDA U.S. Department of Agriculture 

USFS U.S. Forest Service 

USFWS U.S. Fish and Wildlife Service 

USGS U.S. Geological Survey 
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48 Alabama Record of Decision 

And Approved Resource Management Plan 

VRM visual resource management 

WQA Water Quality Act