Appendix G

Leasable Mineral Stipulations, Waivers, 

Modifications, and Exceptions

October 2013 Nevada and Northeastern California Greater Sage-Grouse Draft LUPA/EIS G-1

APPENDIX G

LEASABLE MINERAL STIPULATIONS, WAIVERS,

MODIFICATIONS, AND EXCEPTIONS

GREATER SAGE-GROUSE STIPULATION EXCEPTIONS, MODIFICATIONS, AND WAIVERS

Exception

An exception to this stipulation may be granted by the authorized officer, in 

consultation with the State’s Department of Wildlife, if the operator submits a 

plan that demonstrates that impacts from the proposed action are minimal or 

can be adequately mitigated, would not affect GRSG habitat.

Modification

The boundaries of the stipulated area may be modified if the authorized officer, 

in consultation with the State’s Department of Wildlife, determines that 

portions of the area can be occupied without adversely affecting the GRSG

habitat, or the area no longer contains GRSG habitat. The dates for timing 

restrictions may be modified if new information indicates the dates are not valid 

for the leasehold.

Waiver

The stipulation may be waived if the authorized officer, in consultation with the 

State’s Department of Wildlife, determines that the entire leasehold no longer 

contains suitable habitat for GRSG.
Appendix G. Leasable Minerals Stipulations, Waivers, Modifications, and Exceptions

G-2 Nevada and Northeastern California Greater Sage-Grouse Draft LUPA/EIS October 2013

Stipulations for Greater Sage-Grouse Habitat

Language from Land 

Use Plan 

Amendment

SSUS-3: Year-Long Protection within 0.6 miles of active GRSG leks.

Objective To protect GRSG lekking habitat.

Stipulation Type No Surface Occupancy.

Stipulation No surface occupancy would be allowed within 0.6 miles of active GRSG leks.

Exception The Authorized Officer may grant an exception if an environmental review 

determines that the action, as proposed or otherwise restricted, does not 

adversely affect GRSG or their habitat. An exception may also be granted if 

the proponent, BLM, and NDOW negotiate mitigation that would 

satisfactorily offset the anticipated negative impacts. Actions designed to 

enhance the long-term utility or availability of the habitat to bighorn sheep 

may be exempted from the otherwise applicable restriction.

Modification The Authorized Officer may modify the size and shape of the restricted area, 

or the period of limitation, if an environmental analysis indicates the actual 

suitability of the land for GRSG differs from that identified in the stipulation. 

Waiver The restriction may be waived if it is determined that the described lands do 

not contain GRSG or suitable habitat, or are otherwise incapable of serving 

the requirements of GRSG and therefore no longer warrant consideration as 

a component necessary for their protection. In certain instances this 

determination would come after consulting with other managing agencies or 

interested publics.

Language from Land 

Use Plan 

Amendment

SSUS-4: Seasonal Protection within four (4) miles of active GRSG leks from 

March 1 through May 15.

Objective To protect GRSG leking habitat.

Stipulation Type Timing Limitation.

Stipulation No surface activity would be allowed within 4 miles of active GRSG leks from 

March 1 through May 15.

Exception The Authorized Officer may grant an exception if an environmental review 

determines that the action, as proposed or otherwise restricted, does not 

adversely affect GRSG or their habitat. An exception may also be granted if 

the proponent, BLM, and NDOW negotiate mitigation that would 

satisfactorily offset the anticipated negative impacts. Actions designed to 

enhance the long-term utility or availability of the habitat to bighorn sheep 

may be exempted from the otherwise applicable restriction.

Modification The Authorized Officer may modify the size and shape of the restricted area, 

or the period of limitation, if an environmental analysis indicates the actual 

suitability of the land for GRSG differs from that identified in the stipulation. 

Waiver The restriction may be waived if it is determined that the described lands do 

not contain GRSG or suitable habitat, or are otherwise incapable of serving 

the requirements of GRSG and therefore no longer warrant consideration as 

a component necessary for their protection. In certain instances this 

determination would come after consulting with other managing agencies or 

interested publics.
Appendix G. Leasable Minerals Stipulations, Waivers, Modifications, and Exceptions

October 2013 Nevada and Northeastern California Greater Sage-Grouse Draft LUPA/EIS G-3

Stipulations for Greater Sage-Grouse Habitat

Language from Land 

Use Plan 

Amendment

SSUS-5: Seasonal Protection of GRSG wintering areas from November 1 thru 

March 31.

Objective To protect GRSG winter habitat.

Stipulation Type Timing Limitation.

Stipulation No surface activity would be allowed in GRSG winter habitat from November 

1 through March 31.

Exception The Authorized Officer may grant an exception if an environmental review 

determines that the action, as proposed or otherwise restricted, does not 

adversely affect GRSG or their habitat. An exception may also be granted if 

the proponent, BLM, and NDOW negotiate mitigation that would 

satisfactorily offset the anticipated negative impacts. Actions designed to 

enhance the long-term utility or availability of the habitat to bighorn sheep 

may be exempted from the otherwise applicable restriction.

Modification The Authorized Officer may modify the size and shape of the restricted area, 

or the period of limitation, if an environmental analysis indicates the actual 

suitability of the land for GRSG differs from that identified in the stipulation. 

Waiver The restriction may be waived if it is determined that the described lands do 

not contain GRSG or suitable habitat, or are otherwise incapable of serving 

the requirements of GRSG and therefore no longer warrant consideration as 

a component necessary for their protection. In certain instances this 

determination would come after consulting with other managing agencies or 

interested publics.

Language from Land 

Use Plan 

Amendment

SSUS-6: Seasonal protection of GRSG brood rearing habitat from May 15 to 

August 15

Objective To protect GRSG brood rearing habitat.

Stipulation Type Timing Limitation.

Stipulation No surface activity would be allowed in GRSG brood rearing habitat from 

May 15 to August 15.

Exception The Authorized Officer may grant an exception if an environmental review 

determines that the action, as proposed or otherwise restricted, does not 

adversely affect GRSG or their habitat. An exception may also be granted if 

the proponent, BLM, and NDOW negotiate mitigation that would 

satisfactorily offset the anticipated negative impacts. Actions designed to 

enhance the long-term utility or availability of the habitat to bighorn sheep 

may be exempted from the otherwise applicable restriction.

Modification The Authorized Officer may modify the size and shape of the restricted area, 

or the period of limitation, if an environmental analysis indicates the actual 

suitability of the land for GRSG differs from that identified in the stipulation. 

Waiver The restriction may be waived if it is determined that the described lands do 

not contain GRSG or suitable habitat, or are otherwise incapable of serving 

the requirements of GRSG and therefore no longer warrant consideration as 

a component necessary for their protection. In certain instances this 

determination would come after consulting with other managing agencies or 

interested publics.
Appendix G. Leasable Minerals Stipulations, Waivers, Modifications, and Exceptions

G-4 Nevada and Northeastern California Greater Sage-Grouse Draft LUPA/EIS October 2013

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Appendix G. Leasable Minerals Stipulations, Waivers, Modifications, and Exceptions

October 2013 Nevada and Northeastern California Greater Sage-Grouse Draft LUPA/EIS G-5

District: Tonopah Battle Mountain Mount Lewis Carson City Elko Ely Las Vegas Tonopah Winnemucca

Stipulations for Greater Sage-Grouse Leks

Stipulation: NV-065-22: No 

surface use is allowed 

within 0.25 mile radius 

of a GRSG lek(s). All 

valleys throughout the 

BLM Battle Mountain 

Resource Area. This 

stipulation does not 

apply to operations 

and maintenance of 

production facilities. 

Sage-Grouse Lek(s): 

For the purpose of:

a. Protection of 

GRSG breeding 

activities and the 

integrity of the habitat 

associated with GRSG

leks to maintain GRSG

population, Tonopah 

RMP, p. 8 and Plan 

Maintenance Sheet 3.

Any changes to this 

stipulation will be 

made in accordance 

with the land use plan 

and/or the regulatory 

provisions for such 

changes. For guidance 

on the use of the 

stipulation, see BLM 

Manual 1624 and 

3103.

NV-065-23: No 

surface activity is 

allowed within two 

miles of a GRSG lek 

from March 1 through 

May 15. This 

stipulation does not 

apply to operations 

and maintenance of 

production facilities. 

Sage Grouse Nesting 

Timing Limitation 

Stipulation NSO-065-

07

No surface use is 

allowed during the 

following time 

period(s). This 

stipulation does not 

apply to operations 

and maintenance of 

production facilities. 

On the land described 

below:

Sage Grouse Lek(s): A 

2 mile radius around a 

GRSG lek(s) from 

March 15 to May 1. 

All valleys throughout 

the BLM Battle 

Mountain Resource 

Area.

Greater Sage Grouse 

March 1st-May 15th: 

Avoid mineral or 

energy related facilities 

within 2 miles of active 

leks (strutting 

grounds). Minimize 

human activity within 

view (or by at least 0.6 

mile) of leks especially 

between midnight and 

10:00AM.

April 15th-July 30th: 

Avoid nesting areas, 

the majority of which 

are within a two mile 

radius of lek sites in 

big sage.

June 1st- November 

1st: Avoid brood 

rearing areas 

(especially riparian 

areas where broods 

concentrate beginning 

usually in June) by 0.6 

mile.

Dates will vary:

Avoid GRSG wintering 

areas by 0.6 mile while 

occupied.

Minimize disturbance 

of vegetation in all 

known GRSG habitats.

Do not allow dogs to 

run loose on project 

sites. Disturbance of 

nesting or brood 

rearing GRSG by dogs 

may cause the GRSG

to abandon nest or 

young.

No Stipulation This lease contains 

lands which have been 

identified as GRSG

strutting grounds 

(leks) that are subject 

to seasonal protection 

from disturbance. No 

Surface Occupancy is 

permitted within 0 .5 

miles, or other, lesser, 

appropriate distance 

based on site-specific 

conditions, of GRSG

leks.

Stipulation: No surface 

occupancy. No surface 

use would be allowed 

within 0.25 mile of a 

GRSG lek.

Objective: To protect 

GRSG breeding 

activities and the 

integrity of the habitat 

associated with GRSG

leks to maintain GRSG

populations.

Exception: An 

exception to this 

stipulation may be 

granted by the 

authorized officer, in 

consultation with 

Nevada Department 

of Wildlife, if the 

operator submits a 

plan that 

demonstrates that 

impacts from the 

proposed action 

would not affect 

breeding activity nor 

degrade the integrity 

of the habitat 

associated with the 

GRSG lek.

Modification: The 

boundaries of the 

stipulated area may be 

modified if the 

authorized officer, in 

consultation with 

Nevada Department 

of Wildlife, determines 

that portions of the 

area can be occupied 

without adversely 

affecting the GRSG

lek.

No Stipulation No Stipulation No surface occupancy 

within 3.3 km (2 miles) 

of known leks at all 

times.
Appendix G. Leasable Minerals Stipulations, Waivers, Modifications, and Exceptions

G-6 Nevada and Northeastern California Greater Sage-Grouse Draft LUPA/EIS October 2013

District: Tonopah Battle Mountain Mount Lewis Carson City Elko Ely Las Vegas Tonopah Winnemucca

Habitat Associated 

with Leks for the 

purpose of:

a. Protection of 

GRSG nesting 

activities associated 

with leks to maintain 

GRSG populations, 

Tonopah RMP, p. 8 

and Plan Maintenance 

Sheet 3.

Any changes to this 

stipulation will be 

made in accordance 

with the land use plan 

and/or the regulatory 

provisions for such 

changes. For guidance 

on the use of the 

stipulation, see BLM 

Manual 1624 and 

3103.

Waiver: The 

stipulation may be 

waived if the 

authorized officer, in 

consultation with 

Nevada Department 

of Wildlife, determines 

that the lek has been 

inactive for at least 

five consecutive years 

or the habitat has 

changed such that 

there is no likelihood 

the lek would become

active.

Stipulations for Greater Sage-Grouse Brood Rearing

Stipulation: No Stipulation Greater Sage Grouse 

March 1st-May 15th

Avoid mineral or 

energy related facilities 

within 2 miles of active 

leks (strutting 

grounds). Minimize 

human activity within 

view (or by at least 0.6 

mile) of leks especially 

between midnight and 

10:00AM.

April 15th-July 30th

Avoid nesting areas, 

the majority of which 

are within a two mile 

radius of lek sites in 

big sage.

June 1st- November 

1st

Avoid brood rearing 

areas (especially 

riparian areas where 

broods concentrate 

No Stipulation This lease contains 

lands which have been 

identified as GRSG

brood rearing areas 

that are subject to 

seasonal protection 

from disturbance. 

Seasonal restrictions 

from disturbance n 

GRSG brood rearing 

areas apply within 0 .5 

miles or other 

appropriate distance 

based on site-specific 

conditions from 5/15 

to 8/15, inclusive. This 

restriction does not 

apply to operating 

facilities.

No Stipulation No Stipulation No Stipulation NV-WDO-WILD-02, 

TL (2002/2008)

Timing limitations on 

known or potential 

GRSG habitat. Prior 

to entry on any lease 

areas which include 

known or potential 

habitat, the lessee 

(operator) shall 

contact the 

appropriate BLM Field 

Office to discuss any 

proposed activities. 

During the times 

specified below, avoid 

all development or 

exploration activities 

within known or 

potential nesting, 

brood-rearing and 

winter habitat, and 

within 1 km (0.6 mile) 

of known or potential 

habitat (PMUs). The 

times specified are per 

No Stipulation
Appendix G. Leasable Minerals Stipulations, Waivers, Modifications, and Exceptions

October 2013 Nevada and Northeastern California Greater Sage-Grouse Draft LUPA/EIS G-7

District: Tonopah Battle Mountain Mount Lewis Carson City Elko Ely Las Vegas Tonopah Winnemucca

beginning usually in 

June) by 0.6 mile.

Dates will vary:

Avoid GRSG wintering 

areas by 0.6 mile while 

occupied.

Minimize disturbance 

of vegetation in all 

known GRSG habitats.

Do not allow dogs to 

run loose on project 

sites. Disturbance of 

nesting or brood 

rearing GRSG by dogs 

may cause the GRSG

to abandon nest or 

young.

interim NV Guidelines 

or as determined by 

Field Office and 

Wildlife personnel. 

Nesting habitat and 

brood-rearing habitats: 

April through August

Winter habitats: 

October through 

March

Stipulations for Greater Sage-Grouse Crucial Winter Range

Stipulation: Timing Limitation 

Stipulation NSO-065-

06

No surface use is 

allowed during the 

following time 

period(s). This 

stipulation does not 

apply to operations 

and maintenance of 

production facilities. 

Sage Grouse Winter 

Habitat:

Sage grouse winter 

habitat from February 

15 to May 15.

Purpose: Protection of 

GRSG winter habitat 

and during periods of 

stress for the birds, 

Tonopah RMP, p. 8 

and Plan Maintenance 

Sheet 3.

Greater Sage Grouse 

March 1st-May 15th

Avoid mineral or 

energy related facilities 

within 2 miles of active 

leks (strutting 

grounds). Minimize 

human activity within 

view (or by at least 0.6 

mile) of leks especially 

between midnight and 

10:00AM.

April 15th-July 30th

Avoid nesting areas, 

the majority of which 

are within a two mile 

radius of lek sites in 

big sage.

June 1st- November 

1st

Avoid brood rearing 

areas (especially 

riparian areas where 

broods concentrate 

beginning usually in 

June) by 0.6 mile.

Dates will vary:

No Stipulation This lease contains 

lands which have been 

identified as GRSG

crucial winter habitat 

that are subject to 

seasonal protection 

from disturbance. 

Seasonal restrictions 

from disturbance in 

GRSG crucial winter 

habitat apply during 

the period November 

1 to March 15. This 

stipulation does not 

apply to operating 

facilities.

Stipulation: Timing 

Limitation. No surface 

activity would be 

allowed within winter 

range for GRSG from 

November 1 through 

March 31.

Objective: To protect 

GRSG from 

disturbance during the 

crucial winter period 

to maintain GRSG

populations.

Exception: An 

exception to this 

stipulation may be 

granted by the 

authorized officer, in 

consultation with 

Nevada Department 

of Wildlife, if the 

operator submits a 

plan that 

demonstrates that 

impacts from the 

proposed action are 

minimal or can be 

adequately mitigated.

No Stipulation No Stipulation NV-WDO-WILD-02, 

TL (2002/2008)

Timing limitations on 

known or potential 

sage grouse habitat. 

Prior to entry on any 

lease areas which 

include known or 

potential habitat, the 

lessee (operator) shall 

contact the 

appropriate BLM Field 

Office to discuss any 

proposed activities. 

During the times 

specified below, avoid 

all development or 

exploration activities 

within known or 

potential nesting, 

brood-rearing and 

winter habitat, and 

within 1 km (0.6 mile) 

of known or potential 

habitat (PMUs). The 

times specified are per 

interim NV Guidelines 

or as determined by 

Field Office and 

Wildlife personnel. 
Appendix G. Leasable Minerals Stipulations, Waivers, Modifications, and Exceptions

G-8 Nevada and Northeastern California Greater Sage-Grouse Draft LUPA/EIS October 2013

District: Tonopah Battle Mountain Mount Lewis Carson City Elko Ely Las Vegas Tonopah Winnemucca

Avoid GRSG wintering 

areas by 0.6 mile while 

occupied.

Minimize disturbance 

of vegetation in all 

known GRSG habitats.

Do not allow dogs to 

run loose on project 

sites. Disturbance of 

nesting or brood 

rearing GRSG by dogs 

may cause the GRSG

to abandon nest or 

young.

Modification: The 

boundaries of the 

stipulated area may be 

modified if the 

authorized officer, in 

consultation with 

Nevada Department 

of Wildlife, determines 

that portions of the 

area no longer contain 

GRSG winter habitat. 

The dates for the 

timing restriction may 

be modified if new 

information indicates 

the dates are not valid 

for the leasehold.

Waiver: The 

stipulation may be 

waived if the 

authorized officer, in 

consultation with 

Nevada Department 

of Wildlife determines 

that the entire 

leasehold no longer 

contains winter range 

for GRSG.

Nesting habitat and 

brood-rearing habitats: 

April through August

Winter habitats: 

October through 

March

Stipulations for Greater Sage-Grouse Crucial Nesting

Stipulation: No Stipulation Greater Sage Grouse 

March 1st-May 15th

Avoid mineral or 

energy related facilities 

within 2 miles of active 

leks (strutting 

grounds). Minimize 

human activity within 

view (or by at least 0.6 

mile) of leks especially 

between midnight and 

10:00AM.

April 15th-July 30th

Avoid nesting areas, 

the majority of which 

are within a two mile 

radius of lek sites in 

No Stipulation No Stipulation Stipulation: Timing 

Limitation. No surface 

activity would be 

allowed within two 

miles of a GRSG lek 

from March 1 through 

May 15 (June 15).

Objective: To protect 

GRSG nesting 

activities associated 

with leks to maintain 

GRSG populations.

Exception: An 

exception to this 

stipulation may be 

granted by the 

No Stipulation No Stipulation NV-WDO-WILD-02, 

TL (2002/2008)

Timing limitations on 

known or potential 

GRSG habitat. Prior 

to entry on any lease 

areas which include 

known or potential 

habitat, the lessee 

(operator) shall 

contact the 

appropriate BLM Field 

Office to discuss any 

proposed activities. 

During the times 

specified below, avoid 

all development or 

exploration activities 

No Stipulation
Appendix G. Leasable Minerals Stipulations, Waivers, Modifications, and Exceptions

October 2013 Nevada and Northeastern California Greater Sage-Grouse Draft LUPA/EIS G-9

District: Tonopah Battle Mountain Mount Lewis Carson City Elko Ely Las Vegas Tonopah Winnemucca

big sage.

June 1st- November 

1st

Avoid brood rearing 

areas (especially 

riparian areas where 

broods concentrate 

beginning usually in 

June) by 0.6 mile.

Dates will vary:

Avoid GRSG wintering 

areas by 0.6 mile while 

occupied.

Minimize disturbance 

of vegetation in all 

known GRSG habitats.

Do not allow dogs to 

run loose on project 

sites. Disturbance of 

nesting or brood 

rearing GRSG by dogs 

may cause the GRSG

to abandon nest or 

young.

authorized officer, in 

consultation with 

Nevada Department 

of Wildlife, if the 

operator submits a 

plan that 

demonstrates that 

impacts from the 

proposed action are 

minimal or can be 

adequately mitigated.

Modification: The 

boundaries of the 

stipulated area may be 

modified if the 

authorized officer, in 

consultation with 

Nevada Department 

of Wildlife, determines 

that portions of the 

area can be occupied 

without adversely 

affecting GRSG nesting 

activity. The dates for 

the timing restriction 

may be modified if 

new information 

indicates the dates are 

not valid for the 

leasehold.

Waiver: The 

stipulation may be 

waived if the 

authorized officer, in 

consultation with 

Nevada Department 

of Wildlife determines 

that the entire 

leasehold no longer 

contains nesting 

habitat for GRSG.

within known or 

potential nesting, 

brood-rearing and 

winter habitat, and 

within 1 km (0.6 mile) 

of known or potential 

habitat (PMUs). The 

times specified are per 

interim NV Guidelines 

or as determined by 

Field Office and 

Wildlife personnel. 

Nesting habitat and 

brood-rearing habitats: 

April through August

Winter habitats: 

October through 

March
Appendix G. Leasable Minerals Stipulations, Waivers, Modifications, and Exceptions

G-10 Nevada and Northeastern California Greater Sage-Grouse Draft LUPA/EIS October 2013

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