[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Notices]
[Pages 77353-77356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24394]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[BLM_CO_FRN_MO4500174493]


Notice of Availability of the Draft Resource Management Plan 
Amendment and Environmental Impact Statement for the Gunnison Sage-
Grouse (Centrocercus minimus), Colorado and Utah

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of availability.

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SUMMARY: In compliance with the National Environmental Policy Act of 
1969, as amended (NEPA), and the Federal Land Policy and Management Act 
of 1976, as amended, the Bureau of Land Management (BLM) has prepared a 
draft Resource Management Plan (RMP) amendment and draft Environmental 
Impact Statement (EIS) for the Gunnison Sage-Grouse (Centrocercus 
minimus) and by this notice is providing information announcing the 
opening of the comment period on the draft RMP amendment/EIS and is 
announcing the comment period on the BLM's proposed areas of critical 
environmental concern (ACECs).

DATES: This notice announces the opening of a 90-day comment period for 
the draft RMP amendment/EIS beginning with the date following the 
Environmental Protection Agency's (EPA) publication of its Notice of 
Availability (NOA) in the Federal Register. The EPA usually publishes 
its NOAs on Fridays.
    To afford the BLM the opportunity to consider comments in the 
proposed RMP amendment/final EIS, please ensure your comments are 
received prior to the close of the 90-day comment period or 15 days 
after the last public meeting, whichever is later.
    In addition, this notice also announces the opening of a 60-day 
comment period for ACECs. The BLM must receive your ACEC-related 
comments by January 8, 2024.

ADDRESSES: The draft RMP amendment/EIS is available for review on the 
BLM ePlanning project website at https://eplanning.blm.gov/eplanning-ui/project/2019031/510.
    Written comments related to the Gunnison Sage-Grouse RMP amendment 
may be submitted by any of the following methods:
    <bullet> Website: electronically via the BLM ePlanning website at 
https://eplanning.blm.gov/eplanning-ui/project/2019031/510.
    <bullet> Mail: BLM Southwest District Office, ATTN: GUSG RMPA, 2465 
South Townsend Ave., Montrose, CO 81401.
    Documents pertinent to this proposal may be examined online at 
https://eplanning.blm.gov/eplanning-ui/project/2019031/510 and at the 
Grand Junction, Uncompahgre, Tres Rios, Gunnison, San Luis Valley, 
Moab, and Monticello Field Offices.

FOR FURTHER INFORMATION CONTACT: Gina Phillips, Project Manager, 
telephone 970-240-5381; BLM Southwest District Office, 2465 South 
Townsend Ave., Montrose, CO 81401; email <a href="/cdn-cgi/l/email-protection#c2808e8f9d818d9d859791859d908f928382a0aeafeca5adb4"><span class="__cf_email__" data-cfemail="23616f6e7c606c7c647670647c716e736263414f4e0d444c55">[email protected]</span></a>. 
Individuals in the United States who are deaf, deafblind, hard of 
hearing, or have a speech disability may dial 711 (TTY, TDD, or 
TeleBraille) to access telecommunications relay services for contacting 
Ms. Phillips. Individuals outside the United States should use the 
relay services offered within their country to make international calls 
to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION: This document provides notice that the BLM 
Colorado and Utah State Directors have prepared a draft RMP amendment/
EIS, provides information announcing the opening of the comment period 
on the draft RMP amendment/EIS, and is announcing the comment period on 
the BLM's proposed ACECs. The RMP amendment is being considered to 
allow the BLM to evaluate protections for Gunnison sage-grouse 
consistent with the latest measures in the recently completed U.S. Fish 
and Wildlife Service (USFWS) recovery plan, which would require 
amending the following existing plans:

Colorado

<bullet> Canyons of the Ancients National Monument RMP (2010)
<bullet> Dominguez-Escalante National Conservation Area RMP (2017)
<bullet> Grand Junction Field Office RMP (2015)
<bullet> Gunnison Gorge National Conservation Area RMP (2004)
<bullet> Gunnison Resource Area RMP (1993)
<bullet> McInnis Canyons National Conservation Area RMP (2004)
<bullet> San Luis Resource Area RMP (1991)
<bullet> Tres Rios Field Office RMP (2015)
<bullet> Uncompahgre Field Office RMP (2020)

Utah

<bullet> Moab Field Office RMP (2008)
<bullet> Monticello Field Office RMP (2008)

    The planning area is located in portions of 19 Colorado counties: 
Alamosa, Archuleta, Conejos, Costilla,

[[Page 77354]]

Delta, Dolores, Garfield, Gunnison, Hinsdale, La Plata, Mesa, Mineral, 
Montezuma, Montrose, Ouray, Rio Grande, Saguache, San Juan, and San 
Miguel; and two Utah counties: Grand and San Juan; and encompasses 
approximately 16 million acres of public land.
    Levels of protection for Gunnison sage-grouse habitat are highly 
variable across the BLM administrative units. Several of the existing 
RMPs, especially the recently completed (as recent as 2020) land use 
planning revisions, provide management direction that meet the existing 
purpose and need of this RMP amendment, while others that were 
completed in the early 1990s, for example, do not provide adequate 
protection for Gunnison sage-grouse consistent with the latest measures 
in the recently completed USFWS recovery plan. The planning area 
includes lands administered by the BLM; U.S. Department of Agriculture, 
Forest Service; U.S. Department of the Interior (DOI), National Park 
Service; U.S. DOI, Bureau of Reclamation; State of Colorado; State of 
Utah; and private lands.
    The BLM published a notice of intent in the Federal Register to 
initiate the public scoping period for this planning effort on July 6, 
2022 (87 FR 40262). The BLM hosted four public scoping meetings aimed 
at soliciting nominations for ACECs, identifying the scope of issues to 
be addressed in the RMP amendment, and gathering input to assist in 
formulating a reasonable range of alternatives. The resource concerns 
identified during the scoping process included Gunnison sage-grouse 
habitat, vegetation, livestock grazing management, mineral development, 
renewable energy development, wildland fire ecology and management, 
ACECs, recreation, lands and realty, air resources, soil resources, 
lands with wilderness characteristics, and social and economic 
conditions.

Purpose and Need

    The BLM's purpose consists of the following:
    <bullet> Promote the recovery of the threatened Gunnison sage-
grouse and maintain and enhance BLM-administered occupied/unoccupied 
habitat upon which the species depends, while continuing to manage the 
land wherever possible for multiple use and sustained yield.
    <bullet> Ensure management actions on BLM-administered lands 
support conservation goals for Gunnison sage-grouse and their habitat.
    <bullet> Ensure that BLM management aligns with current science and 
data; relevant Federal, State, and local decisions supporting recovery; 
the DOI Climate Action Plan; and the USFWS Final Recovery Plan for 
Gunnison Sage-Grouse and Recovery Implementation Strategy for Gunnison 
Sage-Grouse (Centrocercus minimus).
    <bullet> Provide consistent guidance for addressing threats to 
Gunnison sage-grouse populations and their habitat.
    This BLM action is necessary to accomplish the following:
    <bullet> Address the rangewide downward population trend of 
Gunnison sage-grouse since 2014 and address issues related to land 
management that may affect occupied/unoccupied habitat.
    <bullet> Respond to the Endangered Species Act (ESA) Section 
7(a)(1) requirement that the BLM use its authority to further the 
purposes of the ESA by implementing management actions for the 
conservation of federally listed species and the ecosystems upon which 
they depend.
    <bullet> Respond to changing ecological and climate conditions 
affecting BLM-administered lands, including drought, habitat loss and 
fragmentation, reduced riparian areas, and more frequent wildland 
fires.

Alternatives Including the Preferred Alternative

    The BLM has analyzed five alternatives in detail, including the no 
action alternative. This land use planning effort addresses management 
actions impacting, or with the potential to impact, Gunnison sage-
grouse and occupied and unoccupied habitat in the decision area. The 
decision area consists of approximately 2,156,150 acres of BLM-managed 
surface lands (1,926,100 acres in Colorado and 230,050 acres in Utah) 
and 2,852,390 acres of Federal subsurface mineral estate (2,563,220 
acres in Colorado and 289,170 acres in Utah). Alternative A (No Action 
Alternative--Current Management) would continue current BLM management 
direction in the 11 administrative units in the planning area.
    Alternative B would prioritize removing identified threats within 
occupied and unoccupied habitat and reduce impacts within the decision 
area, which includes the four-mile buffer around habitat, and potential 
linkage-connectivity areas, to the maximum extent allowable. 
Alternative B contains two sub-alternatives for livestock grazing 
management actions in response to recommendations made in public 
scoping comments. Alternative B would designate all nominated ACECs 
that meet relevance and importance criteria.
    Alternative C would minimize, mitigate, or compensate for impacts 
from resource uses and activities in occupied and unoccupied habitat. 
No new ACECs would be designated under Alternative C.
    Alternative D would allocate resource uses and conserve resource 
values while sustaining and enhancing ecological integrity across the 
decision area, and designate a specific subset of nominated ACECs. 
Conservation measures focus on occupied and unoccupied habitat that 
includes a 1-mile buffer around habitat and could extend to linkage-
connectivity areas.
    Alternative E considers adopting applicable management direction 
from the interagency Candidate Conservation Agreement for the Gunnison 
sage-grouse, Gunnison Basin Population. The BLM considered three 
additional alternatives but dismissed them from detailed analysis as 
explained in the draft RMP amendment/EIS.
    The State Directors have identified Alternative D as the preferred 
alternative. Alternative D was found to best meet the State Directors' 
planning guidance and was, therefore, selected as the preferred 
alternative because it: addresses conservation actions within occupied 
and unoccupied habitat areas and in linkage-connectivity areas; 
provides for allocating resource uses and conserving resources; and 
designates a specific subset of ACECs.

Mitigation

    The BLM analyzed compensatory mitigation under Alternatives B, C, 
and D. Under Alternative B the BLM would avoid, minimize, and 
compensate for impacts to Gunnison sage-grouse and their habitat in 
occupied and unoccupied habitat management areas and incorporate a 
minimum of a 5 to 1 ratio where 1 acre of disturbance results in 5 
acres of mitigation.

ACECs

    Consistent with land use planning regulations at 43 CFR 1610.7-
2(b), the BLM is announcing the opening of a 60-day comment period on 
the ACECs proposed for designation in the preferred alternative. 
Comments may be submitted using any of the methods listed in the 
ADDRESSES section earlier.
    The proposed ACECs included in the preferred alternative, all 
located in Colorado, are:
    <bullet> Dry Creek Basin ACEC (10,920 acres) for protection and 
enhancement of Gunnison sage-grouse habitat. Proposed management: 
manage as wind and solar energy exclusion area, right-of-way (ROW) 
exclusion; prohibit surface disturbing activities during

[[Page 77355]]

lekking, nesting, or early brood-rearing seasons (March 1 to July 15) 
unless needed for human health and safety; no new recreation facility 
construction allowed (March 1 to July 15), unless needed for human 
health and safety; close to non-energy solid mineral leasing; prohibit 
new trail development; and apply a no surface occupancy stipulation for 
fluid minerals leasing.
    <bullet> Chance Gulch ACEC (13,150 acres) for protection and 
enhancement of Gunnison sage-grouse habitat. Proposed management: 
manage as wind and solar energy exclusion area, manage one mile buffer 
around active and inactive leks as ROW exclusion areas; in areas 
outside of the exclusion area, ROWs for pipelines, transmission/utility 
lines, communication sites, or other comparable infrastructure may only 
be authorized under the following criteria: infrastructure upgrade and/
or reconstruction occurs or is co-located with the existing ROW, new 
utility lines are co-located on existing overhead lines to the maximum 
extent feasible, pipelines, communication sites, or other 
infrastructure are co-located within the disturbed footprint or ROW of 
existing structures, no new construction of roads/routes would be 
permitted, excluding pending applications which may be granted after 
appropriate evaluation at the authorized officer's discretion; maintain 
current, designated route system limiting both motorized and mechanized 
travel; limit over-snow vehicle travel to designated routes; close the 
area to all human use during lekking season (March 15 to May 15) with 
exceptions for administrative access and emergency maintenance; close 
to motorized (including e-bikes) travel during lekking and nesting 
season (March 15 to June 30) to prevent disturbance to breeding sage-
grouse with exceptions for administrative access and emergency 
maintenance; prohibit surface disturbing activities during lekking, 
nesting, or early brood-rearing seasons (March 1 to July 15) unless 
needed for human health and safety; no new recreation facility 
construction allowed during lekking, nesting, or early brood-rearing 
seasons (March 1 to July 15), unless needed for human health and 
safety; close to non-energy solid mineral leasing; prohibit new trail 
development and close to fluid minerals exploration, leasing and/or 
development.
    <bullet> Sapinero Mesa ACEC (17,240 acres) for protection and 
enhancement of Gunnison sage-grouse habitat. Proposed management: 
manage as wind and solar energy exclusion area; manage one mile buffer 
around active and inactive leks as ROW exclusion areas; in areas 
outside of the exclusion area, ROWs for pipelines, transmission/utility 
lines, communication sites, or other comparable infrastructure may only 
be authorized under the following criteria: infrastructure upgrade and/
or reconstruction occurs or is co-located with the existing ROW, new 
utility lines are co-located on existing overhead lines to the maximum 
extent feasible, pipelines, communication sites, or other 
infrastructure are co-located within the disturbed footprint or ROW of 
existing structures, construction of roads/routes would be permitted, 
excluding pending applications which may be granted after appropriate 
evaluation at the authorized officer's discretion; maintain current, 
designated route system limiting motorized and mechanized travel; limit 
over-snow vehicle travel to designated routes; close the area west of 
County Road 26 to motorized and mechanized travel during lekking, 
nesting, and brood-rearing season (March 15 to July 15) to prevent 
disturbance to breeding, nesting, and brood-rearing sage-grouse, with 
exceptions for administrative access and emergency maintenance; area 
closed to all human use during lekking season (March 15 to May 15) with 
exceptions for administrative access and emergency maintenance; close 
to motorized (including e-bikes) travel during lekking and nesting 
season (March 15 to June 30) to prevent disturbance to breeding sage-
grouse with exceptions for administrative access and emergency 
maintenance; prohibit surface disturbing activities during lekking, 
nesting, or early brood-rearing seasons (March 1 to July 15) unless 
needed for human health and safety; no new recreation facility 
construction allowed during lekking, nesting, or early brood-rearing 
seasons (March 1 to July 15), unless needed for human health and 
safety; close to non-energy solid mineral leasing; and close to fluid 
minerals leasing.
    <bullet> Sugar Creek ACEC (17,210 acres) for protection and 
enhancement of Gunnison sage-grouse habitat. Proposed management: 
manage as wind and solar energy exclusion area, manage one mile buffer 
around active and inactive leks as ROW exclusion areas; in areas 
outside of the exclusion area, ROWs for pipelines, transmission/utility 
lines, communication sites, or other comparable infrastructure may only 
be authorized under the following criteria: infrastructure upgrade and/
or reconstruction occurs or is co-located with the existing ROW, new 
utility lines are co-located on existing overhead lines to the maximum 
extent feasible, pipelines, communication sites, or other 
infrastructure are co-located within the disturbed footprint or ROW of 
existing structures, no new construction of roads/routes would be 
permitted, excluding pending applications which may be granted after 
appropriate evaluation at the authorized officer's discretion; maintain 
current, designated route system limiting motorized and mechanized 
travel; limit over-snow vehicle travel to designated routes; area 
closed to all human use during lekking season (March 15 to May 15) with 
exceptions for administrative access and emergency maintenance; close 
to dispersed camping during lekking and nesting season (March 15 to 
June 30); allow vegetation treatments and wildlife habitat improvements 
for the benefit of the relevant and important values; prohibit new 
trail development; close to non-energy solid mineral leasing; and close 
to fluid minerals leasing.
    Existing ACECs in Colorado and Utah would continue to be designated 
under all alternatives and current management would remain except where 
updated. Following are the existing, currently designated ACECs, all in 
Colorado, that would receive updated management. Updates in management 
are specified below to protect the relevant and important values:
    <bullet> Gunnison Sage-Grouse ACEC/Important Bird Area (existing, 
22,190 acres) for management and protection of the Gunnison sage-grouse 
and its habitat. Proposed management would remain the same as existing 
with the following updates: for special status species, surface-
disturbing activities will be restricted in special status species 
occupied locations and their potential habitat for their protection 
(March 1 to July 15); at minimum, prohibit surface-disturbing 
activities in occupied habitat management areas during lekking, 
nesting, or early brood-rearing (March 1 to July 15)--specific time and 
distance determinations will be based on site-specific conditions and 
may be modified, in coordination with the appropriate State wildlife 
agency and USFWS, due to documentation of local variations (e.g., 
higher/lower elevations), annual climatic fluctuations (e.g., early/
late spring and long and/or heavy winter), if located within an area of 
non-habitat (e.g., forest, sandflat), documented use or occurrence of 
Gunnison sage-grouse withing the past year (e.g., pellet transects, 
observations); livestock grazing management, road and trails 
management, recreation activity management, and vegetation management 
will be conducted to maintain and restore Gunnison sage-grouse habitat 
in this area subject to seasonal timing restriction for surface

[[Page 77356]]

disturbance activity (March 1 to July 15); manage as wind and solar 
energy exclusion area; no new recreation facility construction allowed 
(March 1 to July 15), unless needed for human health and safety; close 
to non-energy solid mineral leasing and no surface occupancy 
stipulation without waivers, exceptions, and modifications for fluid 
mineral leasing.
    <bullet> West Antelope Creek ACEC (existing, 28,280 acres) to 
improve the capabilities of the resources in the unit to support 
wintering elk, deer, and bighorn sheep. Proposed management would 
remain the same as existing with the following updates: manage as wind 
and solar energy exclusion area, manage one mile buffer around active 
and inactive leks as ROW exclusion areas; seasonal habitat restrictions 
apply to prohibit surface disturbance in Gunnison sage-grouse occupied 
habitat management areas (March 1 to July 15), at minimum; prohibit 
surface-disturbing activities during lekking, nesting, or early brood-
rearing (March 1 to July 15); no new recreation facility construction 
allowed (March 1 to July 15), unless needed for human health and 
safety, subject to valid existing rights; close to fluid mineral 
exploration, leasing, and/or development; close to non-energy solid 
mineral leasing; close designated routes to motorized travel from March 
15 to May 15 and limit over-snow vehicle travel to designated routes; 
maintain current, designated route system limiting motorized and 
mechanized travel.
    <bullet> South Beaver Creek ACEC (existing, 4,570 acres) for 
protection and enhancement of existing populations and habitat for 
skiff milkvetch. Proposed management would remain the same as existing 
with the following updates: remove the restriction for chemical 
spraying; manage as wind and solar energy exclusion area; manage one 
mile buffer around active and inactive leks as ROW exclusion areas; 
seasonal habitat restrictions apply to prohibit surface disturbance in 
Gunnison sage-grouse occupied habitat management areas from March 1 to 
July 15, at minimum; prohibit surface-disturbing activities during 
lekking, nesting, or early brood-rearing from March 1 to July 15; no 
new recreation facility construction allowed from March 1 to July 15, 
unless needed for human health and safety, subject to valid existing 
rights; close to fluid mineral exploration, leasing, and/or 
development; close to non-energy solid mineral leasing; close 
designated routes to motorized travel (March 15 to May 15) and limit 
over-snow vehicle travel to designated routes; maintain current, 
designated route system limiting motorized and mechanized travel.
    The preferred alternative would not propose the following potential 
ACECs for designation: All BLM-administered surface lands within 
Gunnison sage-grouse Occupied Habitat Management Area and Unoccupied 
Habitat Management Area ACEC (Colorado and Utah); Gunnison Satellite 
Populations Habitat ACEC (Colorado and Utah); Northdale ACEC 
(Colorado); Kezar Basin ACEC (Colorado); North Parlin ACEC (Colorado); 
South Parlin ACEC (Colorado); Ohio Creek ACEC (Colorado); and Waunita 
ACEC (Colorado).

Schedule for the Decision-Making Process

    The BLM will provide additional opportunities for public 
participation consistent with the NEPA and land use planning processes, 
including a 30-day public protest period and a 60-day Governor's 
consistency review on the proposed RMP. The proposed RMP amendment/
final EIS is anticipated to be available for public protest in the 
summer of 2024 with an approved RMP amendment and record of decision in 
the fall of 2024.
    The BLM will hold three public meetings in the following locations: 
one meeting virtually hosted and two in-person meetings at Gunnison, 
CO, and Dove Creek, CO. The specific date(s) and location(s) of these 
meetings will be announced at least 15 days in advance through the 
ePlanning page (see ADDRESSES) and applicable local newspapers.
    The BLM will continue to consult with Indian Tribal Nations on a 
government-to-government basis in accordance with Executive Order 
13175, BLM MS 1780, and other Departmental policies. Tribal concerns, 
including impacts on Indian trust assets and potential impacts to 
cultural resources, will be given due consideration.
    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

(Authority: 40 CFR 1506.6, 40 CFR 1506.10, 43 CFR 1610.2)

Douglas J. Vilsack,
State Director.
[FR Doc. 2023-24394 Filed 11-8-23; 8:45 am]
BILLING CODE 4331-16-P


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