18812 Federal Register / Vol. 87, No. 62 / Thursday, March 31, 2022 / Notices 

1The White House, Building Resilient Supply 

Chains, Revitalizing American Manufacturing, and 

Fostering Broad-Based Growth, June 2021, p. 14. 

https://www.whitehouse.gov/briefing-room/ 

statements-releases/2021/06/08/fact-sheet-bidenharris-administration-announces-supply-chaindisruptions-task-force-to-address-short-termsupply-chain-discontinuities/. 

benchmarks.’’ 1 On September 16, 2021, 

the Department of the Interior 

(Department) received a petition for 

rulemaking pursuant to the 

Department’s regulations at 43 CFR part 

14 from 9 Tribal and 31 conservation 

groups requesting ‘‘a rulemaking to 

strengthen and modernize [the Bureau 

of Land Management’s] regulations at 43 

CFR 3800 et seq.’’ On November 15, 

2021, President Biden signed the 

Infrastructure Investment and Jobs Act 

(IIJA); section 40206 of the IIJA, 

‘‘Critical Minerals Supply Chains and 

Reliability,’’ directs the Secretaries of 

the Interior and Agriculture to submit a 

report to Congress by November 15, 

2022, that ‘‘identifies additional 

measures, including regulatory and 

legislative proposals, if appropriate, that 

would increase the timeliness of 

permitting activities for the exploration 

and development of domestic critical 

minerals.’’ 

To respond to these directives and the 

rulemaking petition, the Department has 

created an interagency working group 

(IWG) on Federal hardrock mining laws, 

regulations, and permitting, chaired by 

the Department and including the 

Department of Agriculture through the 

U.S. Forest Service; the Environmental 

Protection Agency; the Army Corps of 

Engineers; the Departments of 

Commerce, Energy, and State; the 

Council on Environmental Quality; and 

the National Economic Council. For the 

purposes of the IWG, ‘‘hardrock’’ 

minerals are those mineral resources 

that are subject to disposal under the 

Mining Law of 1872. 

The IWG intends to convene agency 

experts and receive input from the 

public in order to assess the adequacy 

of existing laws, regulations, and 

permitting processes, determine 

whether changes to those are necessary 

to meet the goals laid out in the 

recommendation from the E.O. 14017 

100-Day reviews, and if it concludes 

that changes are necessary, make 

recommendations to the appropriate 

Federal agencies or Congress on how to 

implement those changes. The IWG will 

consider a broad range of issues related 

to mining, such as: 

• Would alternatives to the existing 

claim system, such as leasing, or 

adjustments to the current system, such 

as incorporating mining into 

comprehensive federal lands use 

assessments and planning, lead to better 

outcomes for communities, environment 

and a secure domestic supply of 

minerals? If so, how should such an 

alternative or adjusted system be 

structured? 

• Are there international mining best 

practices or standards that the United 

States should consider adopting, or 

encouraging the U.S. mining industry to 

adopt? If so, which practices or 

standards and what improvements or 

benefits would they provide? 

• If the U.S. were to place royalties on 

hardrock minerals produced from 

public domain lands, what factors 

should be considered and what 

structures would best protect the 

interests of the taxpayer while 

responsibly incentivizing production?, 

In addition, if royalties were collected, 

how should those revenues be 

allocated? 

• What changes to financial assurance 

requirements for mining should be 

considered? 

• How might the U.S. best support 

reclamation of existing AML sites 

including the development of 

meaningful good Samaritan proposals as 

well as remining and reprocessing of 

mine tailings and waste, where feasible? 

• What would a successful mine 

reclamation program include? Are there 

existing programs that the U.S. should 

adopt? 

• How can Tribes and local 

communities be effectively engaged 

early in the process to ensure that they 

have meaningful input into the 

development of mine proposals? 

• How could updates to the Mining 

Law of 1872, or other relevant statutes, 

help provide more certainty and 

timeliness in the permitting process? 

• What improvements can be made to 

the mine permitting process without 

reducing opportunities for public input 

or limiting the comprehensiveness of 

environmental reviews? 

• What types of incentives would be 

appropriate to encourage the 

development of critical minerals, and 

what is the proper definition of a 

‘‘critical mineral mine’’? 

• Are there areas that should be offlimits from mining, and if so, how 

should those be identified? 

• What science and data should be 

included in any decisions to permit and 

develop mines? 

This list is not meant to be 

comprehensive; it is simply a reflection 

of the breadth of the issues under the 

IWG’s purview. 

To inform the IWG’s deliberations, in 

addition to soliciting comment from any 

interested member of the public through 

the end of July 2022, the IWG will host 

a series of roundtables, either virtually 

or in-person, for different stakeholder 

groups, including but not limited to: 

• Native American Tribes; 

• state and local governments; 

• environmental justice groups; 

• labor organizations; 

• the hardrock mining industry; 

• Non-governmental organizations 

representing environmental, 

conservation, and recreation interests; 

• scientists; and 

• other experts in mining laws, 

regulations, and permitting. 

Additional information regarding 

these roundtables will be provided at a 

later date through publication in the 

Federal Register and on agency 

websites. The roundtables will be open 

to the public but speaking opportunities 

will be by invitation only. The 

Department welcomes nominations for 

speakers for each of the stakeholder 

groups listed above, and also 

suggestions for roundtables for 

additional stakeholder groups that are 

not listed. 

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. 

Dated: March 23, 2022. 

Tommy Beaudreau, 

Deputy Secretary, U.S. Department of the 

Interior. 

[FR Doc. 2022–06750 Filed 3–30–22; 8:45 am] 

BILLING CODE 4334–63–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLNVL0000–L51100000–GN0000– 

LVEMF190482A 19X MO: 4500154824] 

Notice of Intent To Prepare an 

Environmental Impact Statement for 

the Bald Mountain Mine Plan of 

Operations Amendment Juniper 

Project White Pine County, Nevada 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of intent. 

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 (FLPMA), the 


jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 62 / Thursday, March 31, 2022 / Notices 18813 

Bureau of Land Management (BLM) Ely 

District Bristlecone Field Office (BFO), 

Nevada, intends to prepare an 

Environmental Impact Statement (EIS) 

for the Bald Mountain Mine Plan of 

Operations Amendment (Juniper 

Project). This notice initiates the 

scoping process and opens a 30-day 

public comment period to solicit public 

comments and identify potential issues 

for analysis. 

DATES: The BLM requests comments 

concerning the scope of the analysis that 

will guide the NEPA process, including 

the range of alternatives and issues 

analyzed in the EIS. All comments must 

be received by May 2, 2022. The Draft 

EIS is scheduled to be published in July 

2022, and the Final EIS is scheduled to 

be published in November 2022, with a 

Record of Decision scheduled to be 

issued in January 2023. The BLM will 

announce dates of scoping meetings at 

least 15 days in advance of the meeting 

on the BLM National ePlanning 

website—https://go.usa.gov/xAm2g. 

Scoping meetings will be held online. 

ADDRESSES: Send written comments to 

BLM Bristlecone Field Office, ATTN: 

BMM EIS Project, 702 North Industrial 

Way, Ely, Nevada 89301. Comments 

may also be sent via email to blm_nv_

eydo_juniper_eis@blm.gov. Submit 

comments online at the website https:// 

go.usa.gov/xAm2g. 

FOR FURTHER INFORMATION CONTACT: 

Concetta Brown, Natural Resource 

Specialist, (775) 289–1885, or email 

ccbrown@blm.gov. 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. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: The Bald 

Mountain Mine (BMM) is a 10,782-acre 

open-pit gold mine located primarily on 

public lands administered by the BLM 

located approximately 60 miles 

southeast of the city of Elko, Nevada, 

and 60 miles northwest of Ely in White 

Pine County, Nevada. KG Mining (Bald 

Mountain) Inc. (KG–BM) is the owner 

and operator of the BMM. The proposed 

expansion and development of mining 

components and extension of the mine 

life would enable KG–BM to enhance 

operational efficiencies and increase 

extraction of ore for processing and gold 

recovery in a cost-effective and optimal 

manner. The BLM BFO is the lead 

agency for purposes of the NEPA 

analysis with other agencies serving as 

cooperating agencies. In particular, the 

United States Fish and Wildlife Service 

(Service) is a cooperating agency with 

the BLM on the development of this 

Draft EIS to analyze the potential 

impacts of approving KG–BM’s request 

for an incidental take permit for golden 

eagles pursuant to 50 CFR 22.2 and 

22.26 implementing the Bald and 

Golden Eagle Protection Act (Eagle Act; 

16 U.S.C. 668–668c). The Service will 

evaluate the KG–BM’s Eagle 

Conservation Plan (ECP), which 

describes their request for the removal 

of golden eagle nests and for incidental 

disturbance take to nesting golden 

eagles under the Eagle Act. 

Purpose and Need for the Proposed 

Action 

The purpose of the Juniper Project is 

to continue mining operations by 

creating and expanding mine areas 

located within the North Operations 

Area (NOA), including the ongoing 

exploration activities within the Bald 

Mountain Mine Plan of Operations 

boundary area. In order to meet these 

objectives, KG–BM would expand, 

modify, and eliminate select authorized 

mine components and develop new 

disturbance located within the NOA. 

The need for the action is established by 

the BLM’s responsibility under the 

Mining Law of 1872, Section 302 of the 

FLPMA, and the BLM Surface 

Management Regulations at 43 CFR 

3809. Under these statutes and 

regulations, the BLM is required to 

review the Juniper Project to ensure that 

the KG–BM activities include 

appropriate reclamation and do not 

cause unnecessary or undue degradation 

of the public lands. 

The Service’s purpose for its Federal 

action is to respond to KG–BM’s request 

for a take permit for golden eagles under 

the Eagle Act, associated with KG–BM’s 

mining operations at the Bald Mountain 

Mine. The Juniper Project would affect 

golden eagle nests and territories by 

mining activities near golden eagle 

nests; therefore, KG–BM has requested 

authorization from the Service to 

remove and disturb golden eagle nests 

under the Eagle Act. KG–BM’s ECP is 

the foundation of the permit application 

and contains commitments to avoid, 

minimize, and mitigate adverse effects 

on golden eagles resulting from the 

implementation of the Juniper Project. 

Issuance of an eagle take permit must 

comply with the Eagle Act and all 

related regulatory requirements (50 CFR 

22.26). 

In accordance with 50 CFR 22.25 and 

22.26 implementing the Eagle Act, the 

Service must make a permitting 

decision that may enable KG–BM to 

continue mining operations that are 

consistent with the Eagle Act 

regulations. In responding to the request 

for a permit, the Service must ensure 

compliance with the Eagle Act and the 

goal of maintaining stable or increasing 

breeding populations of Bald and 

Golden Eagles. The Service will 

consider issuance of an Eagle Act permit 

if: (1) The nest removal and incidental 

take is necessary to protect legitimate 

interests; (2) the take is compatible with 

the preservation standard of the Eagle 

Act; (3) the applicant has avoided and 

minimized impacts to eagles to the 

extent practicable; and (4) compensatory 

mitigation will be provided for any take. 

Preliminary Proposed Action and 

Alternatives 

The Bald Mountain Mine has been in 

continuous operation for more than 40 

years; thus, mine areas are in various 

stages of development, operation, and 

reclamation. The BMM is subdivided 

into two plan of operation areas which 

consist of the NOA (BLM case number 

NVN–082888/Reclamation Permit No. 

0025) and South Operations Area (BLM 

case number NVN–090443/Reclamation 

Permit No. 0033). 

The BLM received a proposal from 

KG–BM—which owns and operates the 

Bald Mountain Mine—to amend the 

authorized NOA Plan of Operations. 

The NOA Plan of Operations is 

comprised of non-contiguous mine areas 

connected by haul roads. The proposal, 

which constitutes the proposed action 

and is referred to as the Juniper Project, 

generally involves: 

• Extension of the NOA Plan 

boundary in five areas resulting in an 

increase of 3,425 acres; 

• Expansion, reclassification, 

realignment, elimination, and creation 

of mine areas and select mine 

components resulting in net disturbance 

increase totaling 3,969 acres (including 

expanding and/or deepening seven 

authorized open pits and developing 

two new pits; developing three and 

modifying thirteen authorized rock 

disposal areas (RDAs) and other related 

disturbance); 

• Increasing the height of a heap 

leach facility; 

• Increasing the height of Poker Flats 

heap; 

• New and realigned infrastructure 

(such as powerlines, fencing, wells, and 

piezometers); 

• Developing and modifying haul 

roads; 

• Maintaining existing footprints for 

select authorized mine components; 

• Elimination of portions of mine 

components that have not been 

constructed; 


jspears on DSK121TN23PROD with NOTICES1
18814 Federal Register / Vol. 87, No. 62 / Thursday, March 31, 2022 / Notices 

• Re-establishing the Top 

underground mine; 

• Sequencing and a backfill of the 

Poker Flats Pit; 

• Planned concurrent reclamation; 

and 

• Extension of NOA mine life by 11 

years. 

The proposed action would change 

total life-of-mine disturbance by adding 

4,114 acres of new disturbance, 

reclassifying 877 acres, and eliminating 

145 acres of authorized disturbance. 

This would result in an addition of 

3,969 acres of net new disturbance. The 

new total life-of-mine disturbance 

would be 14,752 acres within the 

extended NOA Plan boundary. The 

proposed increase would comprise 1.5 

acres of new disturbance on private land 

controlled by KG–BM and 

approximately 3,967 acres of net new 

disturbance located on public lands 

administered by the BLM. 

The Juniper Project may affect golden 

eagle territories; therefore, KG–BM in 

coordination with the Service has 

prepared and submitted an ECP as part 

of the application to the Service for two 

eagle take permits associated with KG– 

BM’s mining operations at the BMM. 

In addition to the No Action (not 

approving the proposal to amend the 

plan of operations) and the Proposed 

Action, a possible alternative may 

include modifications to proposed mine 

components to facilitate mule deer 

migration through the NOA. Additional 

alternatives to be analyzed in detail in 

the EIS may be identified after the 

scoping process is completed. 

Summary of Expected Impacts 

In addition to potential impacts to 

golden eagles, preliminarily identified 

potential resource concerns include 

properties of cultural and religious 

importance, Native American concerns, 

potential impacts to cultural resources 

eligible for the National Register of 

Historic Places, potential impacts to 

mule deer habitat, and potential impacts 

to BLM sensitive species including but 

not limited to greater sage-grouse, 

ferruginous hawk, western burrowing 

owl, and the pygmy rabbit. 

Anticipated Permits and Authorizations 

The BLM anticipates that the 

following major permits and approvals 

will be required for the Juniper Project: 

• Plan of Operations Amendment 

(BLM) 

• Cultural Resources Mitigation (BLM/ 

State Historic Preservation Office) 

• Eagle Take Permit for removal of 

golden eagle nests (Service) 

• Eagle Take Permit for incidental 

disturbance (Service) 

• Mining Reclamation Permit (Nevada 

Division of Environmental Protection, 

Bureau of Mining Regulation and 

Reclamation) 

• Class II Air Quality Operating Permit 

for Surface Area Disturbance 

Including a Dust Control Plan 

(Nevada Bureau of Environmental 

Protection, Bureau of Air Pollution 

Control) 

• Water Pollution Control Permit, Bald 

Mountain Mine (Nevada Division of 

Environmental Protection, Bureau of 

Mining Regulation and Reclamation) 

• Water Pollution Control Permit, 

Mooney Basin Mine Project (Nevada 

Division of Environmental Protection, 

Bureau of Mining Regulation and 

Reclamation) 

• Water Rights Transfers (Nevada 

Division of Water Resources) 

• Industrial Artificial Pond Bald 

Mountain Mine Primary Heap Leach 

Facility Permit (Nevada Department 

of Wildlife) 

• Class III Landfill Waivers for the 

Redbird and South Duke RDA 2 Rock 

Disposal Areas (Nevada Division of 

Environmental Protection, Bureau of 

Waste Management) 

• Permit to Operate a Public Water 

System, Royale Mine Area, if needed 

(Nevada Division of Environmental 

Protection, Bureau of Safe Drinking 

Water) 

Schedule for the Decision-Making 

Process 

The BLM anticipates a decision in 

November 2022. 

Public Scoping Process 

This notice of intent initiates the 

scoping process, which guides the 

development of the EIS. To maximize 

the opportunity for public input on this 

project while prioritizing the health and 

safety of BLM employees and the 

interested public, the BLM will host 

online virtual public scoping meetings 

to provide information and gather input 

on the project. The date(s) and 

information on how to login and 

participate in these virtual scoping 

meetings will be announced at least 15 

days in advance through local media 

and on the BLM website at: https://

go.usa.gov/xAm2g. 

The BLM will use the fulfillment of 

the NEPA public participation 

requirements to assist the agency in 

satisfying the public involvement 

requirements under Section 106 of the 

National Historic Preservation Act (16 

U.S.C. 470(f)) pursuant to 36 CFR 

800.2(d)(3). The information about 

historic and cultural resources within 

the area potentially affected by the 

proposed action will assist the BLM in 

identifying and evaluating impacts to 

such resources in the context of both 

NEPA and Section 106 of the NHPA. 

The BLM will consult with Indian 

tribes on a government-to-government 

basis in accordance with Executive 

Order 13175 and other policies. Tribal 

concerns, including impacts on Indian 

trust assets and potential impacts to 

cultural resources, will be given due 

consideration. The Service will consult 

with Indian tribes within 109 miles of 

the project area on the proposed 

issuance of an eagle take permit in 

compliance with the Eagle Act. Federal, 

State, and local agencies, along with 

Tribes and other stakeholders that may 

be interested in or affected by the 

proposed action that the BLM is 

evaluating are invited to participate in 

the scoping process and, if eligible, may 

request or be requested by the BLM and 

Service to participate in the 

development of the environmental 

analysis as a cooperating agency. 

Request for Identification of Potential 

Alternatives, Information, and 

Analyses Relevant to the Proposed 

Action 

The BLM requests assistance with 

identifying potential alternatives to the 

Proposed Action for consideration. As 

alternatives should resolve a problem 

with the Proposed Action, please 

indicate the purpose of the suggested 

alternative. The BLM also requests that 

potential impacts that should be 

analyzed be identified. Impacts should 

be a result of the action; therefore, 

please identify the activity and the 

potential impact that should be 

analyzed. Information that reviewers 

have that would assist in the 

development of alternatives or analysis 

of resources issues is also helpful. 

It is important that reviewers provide 

their comments at such times and in 

such manner that they are useful to the 

agency’s preparation of the EIS. 

Therefore, comments should be 

provided prior to the close of the 

comment period and should clearly 

articulate the reviewer’s concerns and 

contentions. 

Comments received in response to 

this solicitation, including names and 

addresses of those who comment, will 

be part of the public record for this 

proposed action. Comments submitted 

anonymously will be accepted and 

considered, however. 

Lead and Cooperating Agencies 

The BLM is the lead agency. The 

Service, U.S. Environmental Protection 

Agency, Nevada Department of Wildlife, 

Nevada Department of Conservation and 

Natural Resources Sagebrush Ecosystem 


jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 62 / Thursday, March 31, 2022 / Notices 18815 

Technical Team, White Pine County 

Commisioners, and Elko County are 

cooperating agencies on this EIS. 

Decision Maker 

Ely District Manager Robbie McAboy 

is the BLM Responsible Official. 

Nature of Decision To Be Made 

The BLM will decide whether to 

approve the proposal from KG–BM to 

amend the NOA Plan of Operations. 

The Service will decide whether to 

authorize eagle take, which must 

comply with the Eagle Act. 

Robbie J. McAboy, 

District Manager, Ely District Office. 

[FR Doc. 2022–06744 Filed 3–30–22; 8:45 am] 

BILLING CODE 4310–HC–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLNVL0000–L51100000–GN0000– 

LVEMF190482A 19X MO: 4500154824] 

Notice of Intent To Prepare an 

Environmental Impact Statement for 

the Bald Mountain Mine Plan of 

Operations Amendment Juniper 

Project White Pine County, Nevada 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of intent. 

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 (FLPMA), the 

Bureau of Land Management (BLM) Ely 

District Bristlecone Field Office (BFO), 

Nevada, intends to prepare an 

Environmental Impact Statement (EIS) 

for the Bald Mountain Mine Plan of 

Operations Amendment (Juniper 

Project). This Notice initiates the 

scoping process and opens a 30-day 

public comment period to solicit public 

comments and identify potential issues 

for analysis. 

DATES: The BLM requests comments 

concerning the scope of the analysis that 

will guide the NEPA process, including 

the range of alternatives and issues 

analyzed in the EIS. All comments must 

be received by May 2, 2022. The Draft 

EIS is scheduled to be published in July 

2022, and the Final EIS is scheduled to 

be published in November 2022, with a 

Record of Decision scheduled to be 

issued in January 2023. The BLM will 

announce dates of scoping meetings at 

least 15 days in advance of the meeting 

on the BLM National ePlanning 

website—https://go.usa.gov/xAm2g. 

Scoping meetings will be held online. 

ADDRESSES: Send written comments to 

BLM Bristlecone Field Office, ATTN: 

BMM EIS Project, 702 North Industrial 

Way, Ely, Nevada 89301. Comments 

may also be sent via email to blm_nv_

eydo_juniper_eis@blm.gov. Submit 

comments online at the website https:// 

go.usa.gov/xAm2g. 

FOR FURTHER INFORMATION CONTACT: 

Concetta Brown, Natural Resource 

Specialist, (775) 289–1885, or email 

ccbrown@blm.gov. 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. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: The Bald 

Mountain Mine (BMM) is a 10,782-acre 

open-pit gold mine located primarily on 

public lands administered by the BLM 

located approximately 60 miles 

southeast of the city of Elko, Nevada, 

and 60 miles northwest of Ely in White 

Pine County, Nevada. KG Mining (Bald 

Mountain) Inc. (KG–BM) is the owner 

and operator of the BMM. The proposed 

expansion and development of mining 

components and extension of the mine 

life would enable KG–BM to enhance 

operational efficiencies and increase 

extraction of ore for processing and gold 

recovery in a cost-effective and optimal 

manner. The BLM BFO is the lead 

agency for purposes of the NEPA 

analysis with other agencies serving as 

cooperating agencies. In particular, the 

United States Fish and Wildlife Service 

(Service) is a cooperating agency with 

the BLM on the development of this 

Draft EIS to analyze the potential 

impacts of approving KG–BM’s request 

for an incidental take permit for golden 

eagles pursuant to 50 CFR 22.2 and 

22.26 implementing the Bald and 

Golden Eagle Protection Act (Eagle Act; 

16 U.S.C. 668–668c). The Service will 

evaluate the KG–BM’s Eagle 

Conservation Plan (ECP), which 

describes their request for the removal 

of golden eagle nests and for incidental 

disturbance take to nesting golden 

eagles under the Eagle Act. 

Purpose and Need for the Proposed 

Action 

The purpose of the Juniper Project is 

to continue mining operations by 

creating and expanding mine areas 

located within the North Operations 

Area (NOA), including the ongoing 

exploration activities within the Bald 

Mountain Mine Plan of Operations 

boundary area. In order to meet these 

objectives, KG–BM would expand, 

modify, and eliminate select authorized 

mine components and develop new 

disturbance located within the NOA. 

The need for the action is established by 

the BLM’s responsibility under the 

Mining Law of 1872, section 302 of the 

FLPMA, and the BLM Surface 

Management Regulations at 43 CFR 

3809. Under these statutes and 

regulations, the BLM is required to 

review the Juniper Project to ensure that 

the KG–BM activities include 

appropriate reclamation and do not 

cause unnecessary or undue degradation 

of the public lands. 

The Service’s purpose for its Federal 

action is to respond to KG–BM’s request 

for a take permit for golden eagles under 

the Eagle Act, associated with KG–BM’s 

mining operations at the Bald Mountain 

Mine. The Juniper Project would affect 

golden eagle nests and territories by 

mining activities near golden eagle 

nests; therefore, KG–BM has requested 

authorization from the Service to 

remove and disturb golden eagle nests 

under the Eagle Act. KG–BM’s ECP is 

the foundation of the permit application 

and contains commitments to avoid, 

minimize, and mitigate adverse effects 

on golden eagles resulting from the 

implementation of the Juniper Project. 

Issuance of an eagle take permit must 

comply with the Eagle Act and all 

related regulatory requirements (50 CFR 

22.26). 

In accordance with 50 CFR 22.25 and 

22.26 implementing the Eagle Act, the 

Service must make a permitting 

decision that may enable KG–BM to 

continue mining operations that are 

consistent with the Eagle Act 

regulations. In responding to the request 

for a permit, the Service must ensure 

compliance with the Eagle Act and the 

goal of maintaining stable or increasing 

breeding populations of Bald and 

Golden Eagles. The Service will 

consider issuance of an Eagle Act permit 

if: (1) The nest removal and incidental 

take is necessary to protect legitimate 

interests; (2) the take is compatible with 

the preservation standard of the Eagle 

Act; (3) the applicant has avoided and 

minimized impacts to eagles to the 

extent practicable; and (4) compensatory 

mitigation will be provided for any take. 

Preliminary Proposed Action and 

Alternatives 

The Bald Mountain Mine has been in 

continuous operation for more than 40 

years; thus, mine areas are in various 

stages of development, operation, and 

reclamation. The BMM is subdivided 

into two plan of operation areas which 

consist of the NOA (BLM case number 


jspears on DSK121TN23PROD with NOTICES1