Document MJZR8m4vYx6XweYMKbD4pwpGj

Conversation Contents Draft Response to Sec Order 3349 Attachments: /50. Draft Response to Sec Order 3349/1.1 Briefing Memo to AS-LM on SO 3349 kk st edits.docx "Tryon, Steve" <stryon@blm.gov> From: Sent: To: CC: Subject: Attachments: "Tryon, Steve" <stryon@blm.gov> Fri Apr 07 2017 06:56:28 GMT-0600 (MDT) Kristin Bail <kbail@blm.gov> Karen Kelleher <kkelleh@blm.gov>, Leah Baker <lbaker@blm.gov>, Deborah Mead <dmead@blm.gov>, Kit Muller <kmuller@blm.gov>, Thomas Bartholomew <tbarthol@blm.gov> Draft Response to Sec Order 3349 Briefing Memo to AS-LM on SO 3349 kk st edits.docx Morning, Kristin, Here is a soft copy of our draft response to SO 3349, after edits by KK and myself. I'l bring a hard copy to you in a minute, prior to our 0900 DCs conf call. n.b., We have a meeting at 1300 with 300, 400, and SOL on this same subject. st Steve Tryon Deputy Assistant Director, Resources and Planning Bureau of Land Management 1849 C Street, NW Room 5654 Washington, DC 20240 202-208-4896 "Mead, Deborah" <dmead@blm.gov> From: Sent: To: CC: Subject: "Mead, Deborah" <dmead@blm.gov> Fri Apr 07 2017 08:45:30 GMT-0600 (MDT) "Tryon, Steve" <stryon@blm.gov> Kristin Bail <kbail@blm.gov>, Karen Kelleher <kkelleh@blm.gov>, Leah Baker <lbaker@blm.gov>, Kit Muller <kmuller@blm.gov>, Thomas Bartholomew <tbarthol@blm.gov> Re: Draft Response to Sec Order 3349 Karen, Steve, Looks good; but I found one typo -- page2, #2 under BLM MITIGATION ACTIONS, end of the paragraph. I think "... public land used..." should be "...public land users..." Also, here is some proposed text to address Robin's comment that could be added to the end of the last paragraph under MITIGATION, on page 2. Deblyn Deborah (Deblyn) Mead National Mitigation Coordinator Bureau of Land Management 20 M Street Washington, DC 20003 Phone: 202.912.7542 Mobile: 202.494.7865 Email: dmead@blm.gov On Fri, Apr 7, 2017 at 8:56 AM, Tryon, Steve <strvon@blm.gov> wrote: Morning, Kristin, Here is a soft copy of our draft response to SO 3349, after edits by KK and myself. I'l bring a hard copy to you in a minute, prior to our 0900 DCs conf call. n.b., We have a meeting at 1300 with 300, 400, and SOL on this same subject. st Steve Tryon Deputy Assistant Director, Resources and Planning Bureau of Land Management 1849 C Street, NW Room 5654 Washington, DC 20240 202-208-4896 "Kelleher, Karen" <kkelleh@blm.gov> From: Sent: To: Subject: "Kelleher, Karen" <kkelleh@blm.gov> Fri Apr 07 2017 09:18:29 GMT-0600 (MDT) "Bail, Kristin" <kbail@blm.gov> Fwd: Draft Response to Sec Order 3349 --------- Forwarded message----------From: Mead, Deborah <dmead@blm.gov> Date: Fri, Apr 7, 2017 at 10:45 AM Subject: Re: Draft Response to Sec Order 3349 To: "Tryon, Steve" <strvon@blm.gov> Cc: Kristin Bail <kbail@blm.gov>, Karen Kelleher <kkelleh@blm.gov>, Leah Baker <lbaker@blm.gov>, Kit Muller <kmuller@blm.gov>. Thomas Bartholomew <tbarthol@blm.gov> Karen, Steve, Looks good; but I found one typo -- page2, #2 under BLM MITIGATION ACTIONS, end of the paragraph. I think "... public land used..." should be "...public land users..." Also, here is some proposed text to address Robin's comment that could be added to the end of the last paragraph under MITIGATION, on page 2. Deblyn Deborah (Deblyn) Mead National Mitigation Coordinator Bureau of Land Management 20 M Street Washington, DC 20003 Phone: 202.912.7542 Mobile: 202.494.7865 Email: dmead@blm.gov On Fri, Apr 7, 2017 at 8:56 AM, Tryon, Steve <strvon@blm.gov> wrote: Morning, Kristin, Here is a soft copy of our draft response to SO 3349, after edits by KK and myself. I'l bring a hard copy to you in a minute, prior to our 0900 DCs conf call. n.b., We have a meeting at 1300 with 300, 400, and SOL on this same subject. st Steve Tryon Deputy Assistant Director, Resources and Planning Bureau of Land Management 1849 C Street, NW Room 5654 Washington, DC 20240 202-208-4896 Karen Kelleher Deputy Assistant Director - Resources and Planning Main Interior room 5644 kkelleh@blm.gov 202-208-4896 "Mead, Deborah" <dmead@blm.gov> From: Sent: To: CC: Subject: "Mead, Deborah" <dmead@blm.gov> Fri Apr 07 2017 11:51:13 GMT-0600 (MDT) "Tryon, Steve" <stryon@blm.gov>, Karen Kelleher <kkelleh@blm.gov> McKinley Ben Miller <mbmiller@blm.gov> Re: Draft Response to Sec Order 3349 I just heard back from Theresa Alexander on Clean Air Act requirements. We can add the following text to the footnote on page 2 of the SO 3349 memo (add before the FLPMA reference). Deborah (Deblyn) Mead National Mitigation Coordinator Bureau of Land Management 20 M Street Washington, DC 20003 Phone: 202.912.7542 Mobile: 202.494.7865 Email: dmead@blm.gov On Fri, Apr 7, 2017 at 8:56 AM, Tryon, Steve <strvon@blm.gov> wrote: Morning, Kristin, Here is a soft copy of our draft response to SO 3349, after edits by KK and myself. I'l bring a hard copy to you in a minute, prior to our 0900 DCs conf call. n.b., We have a meeting at 1300 with 300, 400, and SOL on this same subject. st Steve Tryon Deputy Assistant Director, Resources and Planning Bureau of Land Management 1849 C Street, NW Room 5654 Washington, DC 20240 202-208-4896 2014, "A Strategy for Improving the Mitigation Policies and Practices of the Department of the Interior;," and (2) the Presidential Memorandum dated November 3, 2015, "Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment." b) (5' 1. BLM Information Bulletin No. 2017-015, Availability ofModel Compensatory_________ ^-"^Formatted: Font: (Default) Times New Roman Mitigation MOU (December 2016). The IB announces the availability of a model memorandum of understanding (MOU) for use by the BLM State Offices when collaborating with state governments regarding Sstate-based compensatory mitigation programs for the greater sage-grouse or its habitat. This model provides language that makes the strongest commitment the BLM can make within our legal constraints to coordinate our project review processes with the states' compensatory mitigation programs. The model MOU can be adapted for other resources and circumstances where state compensatory mitigation programs may assist the BLM in achieving its mission. 2. BLM Mitigation Manual, MS-1794 (December 2016). This manual section and the Mitigation Formatted: Font: (Default) Times New Roman Handbook, H-1794-1 (listed below), were issued under BLM Instruction Memorandum No. 2017 021. This policy includes principles for mitigation that require, "effective mitigation is durable, defined by outcomes, implemented and monitored for effectiveness, considered within an adaptive management framework, reported upon, managed by a responsible party, guided by the best available science, and developed through effective, early, and frequent communication with the public land used, cooperating agencies, and other stakeholders, including the public." 3. BLM Mitigation Handbook, H-1794-1 (December 2016). Description included above under MS- 1794. 4. BLM New Mexico Instruction Memorandum No. NMF010-2016-004, Bureau of Land Management (BLM) Sensitive Species - Brack's Cactus Management (September 7, 2016). This State Office issued IM provides management guidance to conserve habitat and protect Brack's cactus, a BLM Sensitive Species and a species included on the State of New Mexico list of endangered plant species, from ground- disturbing projects by (1) requiring surveys to identify Brack's cactus locations; and (2) implementing management guidance to mitigate impacts to Brack's cactus by avoiding and minimizing impacts, and then compensating for impacts that cannot be avoided.-^Formatted: Font: (Default) Times New Roman 5. BLM California Instruction Memorandum No. CA-2015-009 - Renewal of IM Implementing Provisions within the Consolidated Appropriations Act, 2012 (Public Law 112-74) Related to Livestock Grazing Authorizations in the California Desert Conservation Area (December 17, 2014). This IM reiterates and provides direction on implementing the livestock grazing provisions in P.L. 112-74, which states that BLM shall accept the donation of valid existing grazing allotments and make the land available for mitigation by allocating the forage to wildlife use consistent with any applicable Habitat Conservation Plan, Endangered Species Act section 10 permit, or biological opinion.^_,---^Formatted: Font: (Default) Times New Roman 6. Multi-Scale Guidance for Identifying Shared Visual Resources and Mitigation Adverse Impacts through a Collective and Collaborative Process January 2017in progress). The National Park Service and the BLM are co-leading an interagency group to advance a coordinated effort to encourage thoughtful management of shared scenic resources, which encompass both natural and cultural settings. As part of its effort, the team 3 effects that remain after mitigation measures have been applied, requires that adopted mitigation measures be described in decision documentation, and requires monitoring to ensure implementation of adopted measures. 7. BLM Instruction Memorandum No. 2008-050 - Migratory Bird Treaty Act - Interim Management Guidance (December 2007). This Memorandum provides direction to avoid, reduce or mitigate adverse impacts to the habitats of migratory bird species of conservation concern to the extent feasible, and in a manner consistent with regional or statewide bird conservation priorities handbook. 8. BLM's land use planning regulations, 43 CFR 1600 and the BLM's Land Use Planning Handbook H-1601-1 (2005) Protecting Cultural Resources Manual (MS-8140) (December 2004). This Manual provides general guidance for protecting cultural resources from inadvertent adverse effects associated with BLM land use decisions, pursuant to the National Historic Preservation Act, the National Environmental Policy Act, Executive Order 11593, and the National Programmatic Agreement regarding the manner in which the BLM will meet its responsibilities under the National Historic Preservation Act. 10. BLM's hardrock mining regulations, 43 CFR 3809 - Among the general performance standards for surface management within a mining plan of operations is the requirement to "take mitigation measures specified by BLM to protect public lands" (43 CFR 3809.420(a)(4)). 11. BLM's FLPMA right of way regulations, 43 cFr 2800 (b) (5) CLIMATE CHANGE The BLM has 1(b) (5) -considered climate change, its effects on public lands resources and public land users, and how BLM decisions contribute to climate change for many years, primarily through the land use planning and NEPA analysis process. BLM began working on formal climate change policy in 2008 through issuance of an Instruction Memorandum (IM), transmitting draft guidance on incorporating climate change into land use planning and NEPA documents. -In 2010, the Council on released a document entitled "Draft NEPA Guidance on Consideration of the Effects of Climate Change and Greenhouse Gas Emission" for review by the public and agencies. issued revised draft guidance in December of 2014 for review and comment.-- 5 (b) (5) Final CEQ guidance was issued in August of 2016 (b) (5) BLM CLIMATE CHANGE ACTIONS To implement Secretarial Order 3349, Tthe Bureau of Land Management (BLM) provides the following list of all actions it has adopted or is in the process of developing the following list of actions relating to the guidance identified in Secretarial Order 3349, and in addition (1) 1 BLM Instructional Memorandum No. 2017-003, The Council on * Environmental Quality Guidance on Consideration of Greenhouse Gas Emissions and the Effects of Climate Change in National Environmental Policy Act Reviews (December 2016). The IM transmits CEQ guidance on considering climate change in NEPA analysis. It also provides specific step-down guidance for how to calculate the "downstream" or indirect greenhouse gas emissions associated with fossil fuel actions (coal, oil, and gas), when production estimates are reasonably foreseeable. 2--BLM Instructional Memorandum, Considering Climate Change in NEPA Documents (never issued). This draft policy was intended to provide BLM specific step down guidance from various draft iterations of CEQ guidance and Department of the Interior Office of Environmental Policy and Compliance (OEPC) guidance on considering climate change in NEPA analysis. Formatted: Normal, No bullets or numbering Formatted: Normal, Indent: Left: 0.5", No bullets or numbering Prior to issuance (b) (5) 6 climate change: the BLM took the following actions of note related to BLM New Mexico Instructional Memorandum No. IM-NM-2013-022, Availability of Updated Air Resources Technical Report (ARTR); Use ofEnvironmental Assessment (EA) Template Air Quality and Climate Change Language for Applications for Permit to Drill (APDs) and Lease Sales (June 2013). The IM instructed BLM New Mexico District Office and Field Offices to use the latest version of the BLM New Mexico Air Resources Technical Report, and provided template language for use in NEPA environmental analysis documents, to address air quality and climate change impacts. 2. BLM Oregon/Washington Instructional Memorandum No. IM-OR-2010-012, Analysis ofGreenhouse Gas Emissions and Consideration ofClimate Change in National Environmental Policy Act Documents (January 2010). The IM provided BLM Oregon/Washington State Office guidance on analyzing greenhouse gas emissions and addressing changing climate conditions in NEPA documents. The IM expired in October 2011. 3. BLM Instructional Memorandum No. 2008-171, Guidance on Incorporating Climate Change into Planning and NEPA Documents (August 2008). The IM transmitted draft guidance on BLM offices to follow to adequately incorporate climate change considerations into the Land Use Planning/NEPA analysis process. [ BLM has also developed tools to assist in assessing emissions, including the following:. 1 Tool: BLM Emissions Inventory Toolkit. The BLM Washington Office is developing an Emissions Inventory Toolkit, scheduled for completion in September 2017, which will be a consolidation and enhancement of existing emissions inventory tools. The Emissions Inventory Toolkit will be -a web-based application that will provide a consistent BLM methodology for calculating emissions from criteria pollutants, hazardous air pollutants and greenhouse gases. It also will have -the capability to store emissions inventories from various projects so that cumulative emissions can be assessed, and has a modeling component that can produce results for near-field impacts analysis. The toolkit will include a library where documents and reports can be stored. The toolkit will be useful in streamlining air analyses for planning activities including for NEPA and General 7