A request for an exception must be initiated in writing by the public land user near the time of conducting the work. As a general rule, a request for exception to seasonal restrictions should be made within 2 weeks of conducting the proposed work. The unpredictability of weather, animal movement and condition precludes analysis of requests related to wildlife concerns far in advance of the time periods in question. The request is considered as a unique action and is analyzed and documented individually for Resource Management Plan (RMP) and National Environmental Policy Act (NEPA) compliance. Processing includes coordination with the Wyoming Game and Fish Department (WGFD) for seasonal wildlife-based restrictions.
Activities within the Planning Area are managed with a seasonal restriction(s), no surface occupancy (NSO), or a distance restriction for sensitive and crucial habitats. Protective wildlife seasonal restrictions are developed consistent with statewide dates. For example, big game crucial winter ranges are protected from November 15 through April 30. This restriction is not intended to close an area to development, but is in place to protect big game if weather or other habitat needs dictate that it is necessary.
The Bureau of Land Management (BLM) can and does grant exceptions to seasonal restrictions if the BLM, in consultation with the WGFD, feels that granting an exception would not jeopardize the wildlife population being protected. The BLM uses a set of criteria when considering a request for an exception. Professional judgment plays a key part in the BLM’s decisions on whether to grant exceptions. No clear-cut formula exists.
The following section describes some of the factors considered by the BLM when determining whether a request for an exception to seasonal restrictions should be granted.
Factors Considered
Resource Concern
Animal presence or absence
Additional or new resource concerns
Potential for increased wildlife accidents or poaching
Animal Conditions
Physical condition of individual animals (e.g., fat reserves)
Local animal population condition (animal density)
Potential for additive mortality
Likelihood of introduction or increased incidence of disease
Likelihood of decreased recruitment/natality
Climate/Weather
Snow conditions (depth, crusting, longevity)
Current and historic local precipitation patterns
Current and historical seasonal weather patterns
Recent and current wind-chill factors (indication of animals’ energy use)
Duration of condition
Short- and long-range forecasts
Habitat Condition and Availability
Water and forage condition (availability, quality, and quantity)
Competition (interspecific, intraspecific)
Animal use of available forage
Suitable and ample forage immediately available and accessible
Spatial Considerations
Migration/travel corridors
Winter range, foraging, parturition or breeding
Topography (plains vs. mountains)
Topographic/geographic limitations (barriers)
Presence of thermal cover (e.g., protection from wind)
Proportion of range impacted
Juxtaposition and density of other activities/disturbances in the vicinity
Cumulative impacts
Timing
When proposed activity would occur in the stipulation period
Kind and duration of potentially disruptive activity
Likelihood of animals habituating to the proposed activity
The following tables list RMP leasing stipulations and possible exceptions, modifications, and waivers to those stipulations. Table G – 1 describes each stipulation, provides the management action record number and alternative(s) under which it would apply, and the criteria for considering exceptions, modifications, and waivers. To reduce redundancy and increase readability, each exception, modification, and waiver has been replaced with a unique code; Table G – 2 provides the full exceptions, modifications, or waivers associated with each code.
Table G.1. Oil and Gas Lease Stipulations – Bighorn Basin Planning Area
| Record # | Resource of Concern | Applicable Area | Stipulation | Alternative | Stipulation Description | ||||
|---|---|---|---|---|---|---|---|---|---|
| A | B | C | D | Proposed RMP | |||||
| 2007 | Fish and Wildlife | Important habitats | NSO | X | X | X | X | Protect important habitats, including in areas subsequently closed to leasing on existing leases (Map 7) to the extent this restriction does not violate the leaseholder/operator lease rights, by applying an NSO restriction and prohibiting surface-disturbing activities. Exception: EC-001 Modification: MC-001 Waiver: WV-001 | |
| 4037 | Water, Riparian/Wetland Resources, and Fish | Within 500 feet of surface water and riparian/wetland areas | NSO | X | X | Prohibit surface-disturbing activities within 500 feet of surface water and riparian/wetland areas (55,586 acres) except when such activities are necessary and when their impacts can be mitigated. Exception: EC-001 Modification: MC-001 Waiver: WV-002 | |||
| 4037 | Riparian/Wetland Resources | Within ¼ mile of riparian/wetland areas | NSO | X | Prohibit surface-disturbing activities within ¼ mile of or within riparian/wetland areas (140,464 acres). Exception: EC-001 Modification: MC-001 Waiver: WV-002 | ||||
| 4037 | Water, Riparian/Wetland Resources, and Fish | Within 500 feet of waters of the state, perennial surface water, and riparian/wetland areas | CSU | X | Avoid surface-disturbing activities at least within 500 feet and up to ¼ mile if needed to protect sensitive resources, of waters of the state, perennial surface water, and riparian/wetland areas. Exception: EC-001 Modification: MC-001 Waiver: WV-002 | ||||
| 4038 | Riparian/Wetland Resources | Wetland areas greater than 40 acres | NSO | X | Apply an NSO restriction on wetland areas greater than 40 acres. Exception: NONE Modification: NONE Waiver: NONE | ||||
| 4038 | Riparian/Wetland Resources | Wetland areas greater than 20 acres | NSO | X | Apply an NSO restriction on wetland areas greater than 20 acres. Exception: NONE Modification: NONE Waiver: NONE | ||||
| 4056 | Water, Riparian/Wetland Resources, and Fish and Wildlife | Within ¼ mile of waters rated by WGFD as Class 1 or Class 2 | CSU | X | Avoid surface-disturbing activities within ¼ mile of any waters rated by the WGFD as Class 1 or 2 fisheries. Exception: EC-001 Modification: MC-001 Waiver: WV-005 | ||||
| 4063 | Fish and Wildlife | Bighorn River HMP/RAMP tracts and the BLM-administered tracts in Yellowtail WHMA | NSO | X | X | X | X | Prohibit surface-disturbing and disruptive activities in the Bighorn River HMP/RAMP tracts and the BLM-administered tracts in Yellowtail WHMA and apply an NSO restriction as appropriate. Casual use and uses related to the development of recreation facilities or wildlife habitat, including vegetation treatments. Exception: NONE Modification: NONE Waiver: NONE | |
| 4079 | Fish and Wildlife | Big game crucial winter range and parturition habitat | TLS | X | Avoid surface-disturbing and disruptive activities within big game crucial winter range (1,313,731 acres) from November 15 through April 30. Avoid surface-disturbing activities from May 1 through June 30 within big game parturition habitat (81,770 acres). Exception: Crucial Winter Range – EC-004 Parturition Habitat – EC-001 Modification: Crucial Winter Range – MC-004 Parturition Habitat – MC-003 Waiver: WV-006 | ||||
| 4079 | Fish and Wildlife | Big game crucial winter range and parturition habitat | NSO | X | Prohibit surface-disturbing and disruptive activities and apply an NSO restriction within big game crucial winter range (1,313,731 acres) and parturition habitat (81,770 acres). Exception: NONE Additionally this restriction will not apply to maintenance and operation of existing facilities; Modification: NONE Waiver: NONE | ||||
| 4079 | Fish and Wildlife | Big game crucial winter range and parturition habitat outside of Oil and Gas Management Areas | TLS | X | Avoid surface-disturbing and disruptive activities within big game crucial winter range (1,313,731 acres) from November 15 through April 30. Avoid surface-disturbing activities from May 1 through June 30 within big game parturition habitat (81,770 acres). Exception: Crucial Winter Range – EC-004 Parturition Habitat – EC-001 Modification: Crucial Winter Range – MC-004 Parturition Habitat – MC-003 Waiver: Crucial Winter Range – WV-004 Parturition Habitat – WV-003 | ||||
| 4080 | Fish and Wildlife | Big game migration corridors, narrow ridges, overlapping big game crucial winter range and big game parturition habitat | CSU | X | Apply CSU stipulation for big game migration corridors (Map 31), narrow ridges, overlapping big game crucial winter range (319,522 acres of BLM-administered surface land; 167,064 acres of federal mineral estate), and big game parturition habitat (81,770 acres of BLM-administered surface land; 465,664 acres of federal mineral estate). Exception: EC-004 Modification: MC-002 Waiver: WV-007 | ||||
| 4080 | Fish and Wildlife | Federal mineral estate within the Absaroka Front Management Area | CSU/TLS/NSO | X | On federal mineral estate within the Absaroka Front Management Area, apply a mix of CSU (130,211 acres), TLS (23,096 acres), and NSO (14,217 acres) stipulations. Exception: EC-003 Modification: MC-004 Waiver: WV-007 | ||||
| 4116 | Special Status Species | Active prairie dog colonies within the Meeteetse complex | CSU | X | X | X | X | Control surface-disturbing activities to avoid or mitigate adverse effects on about 1,300 BLM-administered surface acres of active prairie dog colonies within the Meeteetse complex. This requirement will remain in effect until completion of a site-specific activity plan being prepared to manage ferrets in this area. The restriction will then be reassessed for its continued appropriateness. This restriction applies to such things as mineral leasing, geophysical exploration (except casual use), and construction activities. Exception: EC-001 Modification: NONE Waiver: NONE | |
| 4120 | Special Status Species | Within ¼ mile of occupied greater sage-grouse leks | CSU | X | Apply a CSU stipulation for discretionary actions to prohibit surface-disturbing and disruptive activities within ¼ mile of occupied greater sage-grouse leks (30,886 acres) (Map 31). Exception: EC-006 Modification: MC-006 Waiver: WV-009 | ||||
| 4120 | Special Status Species | Greater sage-grouse nesting and early brood-rearing habitats in the WFO. | TLS | X | Avoid surface-disturbing and disruptive activities in greater sage-grouse nesting and early brood-rearing habitats from March 15 to July 15. Exception: EC-008 Modification: MC-007 Waiver: WV-011 | ||||
| 4120 | Special Status Species | Greater sage-grouse nesting and early brood-rearing habitats in the CYFO. | TLS | X | Avoid surface-disturbing and disruptive activities in greater sage-grouse nesting and early brood-rearing habitats from February 1 to July 31. Exception: EC-008 Modification: MC-007 Waiver: WV-010 | ||||
| 4120 | Special Status Species | Greater sage-grouse winter concentration areas | TLS | X | Avoid surface-disturbing and disruptive activities within greater sage-grouse winter concentration areas (172,779 acres) from November 15 to March 14. Exception: EC-008 Modification: MC-005 Waiver: WV-008 | ||||
| 4120 | Special Status Species | Within 0.6 mile of occupied greater sage-grouse leks | CSU/NSO | X | Apply a CSU stipulation for discretionary actions to prohibit surface-disturbing and disruptive activities and apply an NSO restriction within 0.6 mile of occupied greater sage-grouse leks (157,008 acres) (Map 32). Exception: EC-006 Modification: MC-006 Waiver: WV-009 | ||||
| 4120 | Special Status Species | Greater sage-grouse nesting and early brood-rearing habitats | TLS | X | Avoid surface-disturbing and disruptive activities in greater sage-grouse nesting and early brood-rearing habitats from February 1 to July 31. Exception: EC-008 Modification: MC-007 Waiver: WV-010 | ||||
| 4120 | Special Status Species | Greater sage-grouse winter concentration areas | TLS | X | Avoid surface-disturbing and disruptive activities and apply an NSO restriction within greater sage-grouse winter concentration areas (172,779 acres) from November 15 to March 14. Exception: EC-008 Modification: MC-005 Waiver: WV-008 | ||||
| 4120 | Special Status Species | All identified greater sage-grouse seasonal habitats | CSU | X | Allow only 1 to 15 acres of well location, or 15 acres of habitat removal, per 640-acre section. The one location and cumulative disturbance value will not exceed 5% of sagebrush habitat within those same 640 acres. Exception: EC-002 Modification: NONE Waiver: NONE | ||||
| 4120 | Special Status Species | Greater sage-grouse nesting and early brood-rearing habitats | TLS | X | Avoid surface-disturbing and disruptive activities in greater sage-grouse nesting and early brood-rearing habitats from March 15 to July 15. Exception: EC-008 Modification: MC-007 Waiver: WV-010 | ||||
| 4120 | Special Status Species | Within 0.6 mile greater sage-grouse leks within Key Habitat Areas | CSU | X | Prohibit or restrict surface-disturbing activities or surface occupancy within 0.6 mile of occupied or undetermined sage-grouse leks (Map 34). Exception: EC-006 Modification: MC-006 Waiver: WV-009 | ||||
| 4120 | Special Status Species | Within 0.6 mile greater sage-grouse leks within Key Habitat Areas | TLS | X | Restrict disruptive activity within 0.6 mile of occupied or undetermined sage-grouse leks from 6 pm to 8 am from March 1 to May 15. Exception: EC-006 Modification: MC-006 Waiver: WV-009 | ||||
| 4120 | Special Status Species | Greater sage-grouse nesting and early brood-rearing habitats inside Key Habitat Areas | TLS | X | Prohibit or restrict surface-disturbing and/or disruptive activities in suitable sage-grouse nesting and early brood-rearing habitat within Key Habitat Areas from March 1 to June 30. Exception: EC-007 Modification: MC-007 Waiver: WV-010 | ||||
| 4120 | Special Status Species | Mapped or modeled greater sage-grouse winter habitats/concentration areas inside Key Habitat Areas | TLS | X | Prohibit or restrict surface-disturbing and disruptive activities in mapped or modeled sage-grouse winter habitats/concentration areas that support Key Habitat Area populations from November 15 to March 14. Exception: EC-005 Modification: MC-005 Waiver: WV-008 | ||||
| 4120 | Special Status Species | Within ¼ mile of greater sage-grouse leks outside of Key Habitat Areas | CSU | X | Prohibit or restrict surface-disturbing activities or surface occupancy within ¼ mile of occupied or undetermined sage-grouse leks (Map 34). Exception: EC-006 Modification: MC-006 Waiver: WV-009 | ||||
| 4120 | Special Status Species | Within ¼ mile of greater sage-grouse leks outside of Key Habitat Areas | TLS | X | Restrict disruptive activity within ¼ mile of occupied or undetermined sage-grouse leks from 6 pm to 8 am from March 1 to May 15. Exception: EC-006 Modification: MC-006 Waiver: WV-009 | ||||
| 4120 | Special Status Species | Greater sage-grouse nesting and early brood-rearing habitat outside Key Habitat Areas | TLS | X | Prohibit or restrict surface-disturbing and/or disruptive activities in suitable sage-grouse nesting and early brood-rearing habitat within mapped habitat important for connectivity or within 2 miles of any occupied or undetermined lek. Exception: EC-007 Modification: MC-007 Waiver: WV-010 | ||||
| 4120 | Special Status Species | Mapped or modeled greater sage-grouse winter habitats/concentration areas outside Key Habitat Areas | TLS | X | Prohibit or restrict surface-disturbing and/or disruptive activities in mapped or modeled sage-grouse winter habitats/concentration areas from November 15 to March 14. Exception: EC-007 Modification: MC-008 Waiver: WV-011 | ||||
| 4124 | Special Status Species | Within ¾ mile of any active raptor nest | TLS | X | Apply a TLS to prohibit any activity or surface-disturbing activity within a ¾‐mile radius of any active raptor nest sites (338,731 acres) from February 1 through July 31 (Map 31). Exception: EC-009 Modification: MC-009 Waiver: WV-012 | ||||
| 4124 | Special Status Species | Within 1 mile of active raptor nests and 2 miles ferruginous hawk nests | TLS | X | To protect nesting raptors, apply a TLS to prohibit surface-disturbing and disruptive activities within:
Exception: EC-009 Modification: MC-009 Waiver: WV-012 | ||||
| 4124 | Special Status Species | Within ¼ mile of raptor nests | CSU | X | X | To protect the actual nest site, apply a year-round CSU stipulation within ¼ mile of all raptor nests (47,731 acres) (Map 32). Exception: EC-009 Modification: MC-009 Waiver: WV-012 | |||
| 4124 | Special Status Species | Within ¼ mile of active raptor nests | TLS | X | Apply a TLS to avoid surface-disturbing and disruptive activities within ¼ mile of active raptor nests (47,731 acres) during specific species nesting period, or until young birds have fledged (Map 33). See Appendix K for species nesting periods. Exception: EC-009 Modification: MC-009 Waiver: WV-012 | ||||
| 4124 | Special Status Species | Within ½ mile of active golden eagle, northern goshawk, merlin, and prairie and peregrine falcon nests | TLS | X | To protect nesting raptors, apply a TLS on 53,336 acres to prohibit surface-disturbing and disruptive activities within ¼ mile of active raptor nests and ½ mile of active golden eagle, northern goshawk, merlin, and prairie and peregrine falcon nests during specific species nesting period or until young birds have fledged (Map 34). See Appendix K for species nesting periods. Exception: EC-009 Modification: MC-009 Waiver: WV-012 | ||||
| 4124 | Special Status Species | Within 1 mile of active ferruginous hawk nests | TLS | X | To protect nesting raptors, apply a TLS on 53,336 acres to prohibit surface-disturbing and disruptive activities within 1 mile of active ferruginous hawk nests from March 1 to July 31 or until young birds have fledged (Map 34). Exception: EC-009 Modification: MC-009 Waiver: WV-012 | ||||
| 4125 | Special Status Species | Mountain plover identified breeding and nesting habitat | TLS | X | Protect mountain plover identified breeding and nesting habitat from surface-disturbing activities from April 10 through July 10. Exception: EC-010 Modification: MC-010 Waiver: WV-013 | ||||
| 4125 | Special Status Species | A portion of the Chapman Bench Management Area (3,425 acres) | NSO | X | Apply a NSO restriction (Map 30). Exception: NONE Modification:NONE Waiver: NONE | ||||
| 4126 | Special Status Species | Large prairie dog colonies and/or complexes | NSO | X | X | If the USFWS and WGFD determine that large prairie dog colonies and/or complexes within the Planning Area are suitable for black-footed ferret reintroduction, apply an NSO restriction on these areas. Exception: EC-001 Modification: MC-011 Waiver: WV-014 | |||
| 4128 | Special Status Species | Sage Creek Prairie Dog Town | NSO | X | X | Apply an NSO restriction on the Sage Creek Prairie Dog Town (182 acres) (Map 32). Exception: EC-001 Modification: MC-011 Waiver: WV-014 | |||
| 4153 | Wild Horses | McCullough Peaks and Fifteenmile HMAs | TLS | X | X | Apply seasonal restrictions from February 1 to July 31 to prevent foal abandonment or jeopardy of wild horse health and welfare, as appropriate, to surface-disturbing and disruptive activities and land uses in the McCullough Peaks and Fifteenmile HMAs. Exception: EC-001 Modification: NONE Waiver: NONE | |||
| 5014 | Cultural Resources | Legend Rock Petroglyph Site | NSO | X | X | X | X | Apply a NSO restriction on the Legend Rock Petroglyph Site. Exception: NONE Modification:NONE Waiver: NONE | |
| 5021 | Cultural Resources | Within 3 miles of important cultural sites | NSO | X | Apply an NSO restriction for leasable minerals within 3 miles of important cultural sites. Exception: EC-001 Modification: MC-012 Waiver: WV-015 | ||||
| 5021 | Cultural Resources | Outside of 3 miles, in view within 5 miles of important cultural sites | CSU | X | Apply an NSO restriction for leasable minerals within 3 miles and a CSU stipulation in view within 5 miles of important cultural sites. Exception: EC-001 Modification: MC-012 Waiver: WV-015 | ||||
| 5021 | Cultural Resources | Within ¼ mile of important cultural sites | NSO | X | Apply an NSO restriction for leasable minerals within ¼ mile of important cultural sites. Exception: EC-001 Modification: MC-012 Waiver: WV-015 | ||||
| 5021 | Cultural Resources | Outside of ¼ mile, within 1 mile of important cultural sites | CSU | X | Apply an NSO restriction for leasable minerals within ¼ mile and a CSU stipulation within 1 mile of important cultural sites. Exception: EC-001 Modification: MC-012 Waiver: WV-015 | ||||
| 5021 | Cultural Resources | Up to 3 miles from important cultural sites | CSU | X | Avoid surface-disturbing activities and protect the foreground of important cultural sites (see Glossary ) up to 3 miles where setting is an important aspect of the integrity for the site. Use BMPs (Appendix L) to avoid or mitigate adverse effects. Exception: EC-001 Modification: MC-012 Waiver: WV-015 | ||||
| 5030 | Paleontological Resources | The immediate vicinity of scientifically significant paleontological resource sites | CSU | X | X | X | X | Avoid surface-disturbing activities in areas in the immediate vicinity of scientifically significant paleontological resource sites. Exception: EC-001 Modification: MC-013 Waiver: WV-016 | |
| 5042 | Paleontological Resources | Within 50 feet of the outer edge of the paleontological locality | NSO | X | X | Prohibit surface-disturbing activities within at least 50 feet of the outer edge of the paleontological locality. Exception: EC-001 Modification: MC-013 Waiver: WV-016 | |||
| 5042 | Paleontological Resources | Within 100 feet of the outer edge of the paleontological locality | NSO | X | Prohibit surface-disturbing activities within at least 100 feet of the outer edge of the paleontological locality. Exception: EC-001 Modification: MC-013 Waiver: WV-016 | ||||
| 5042 | Paleontological Resources | Within 100 feet of the outer edge of the paleontological locality | CSU | X | Allow surface-disturbing activities within at least 100 feet of the outer edge of the paleontological locality if the impacts can be adequately mitigated. Exception: EC-001 Modification: MC-013 Waiver: WV-016 | ||||
| 6067 | Recreational Resources |
| NSO | X | X | X | Apply a NSO restriction at the time of lease offering on the following:
Exception: EC-001 Modification: MC-014 Waiver: WV-017 | ||
| 6067 | Recreational Resources |
| NSO | X | Apply a NSO restriction at the time of lease offering on the following:
Exception: EC-001 Modification: MC-014 Waiver: WV-017 | ||||
| 6067 | Recreational Resources | Within ¼ mile of campgrounds, trailheads, day use areas, and similar recreational sites | NSO | X | X | Apply a NSO restriction on areas within ¼ mile of campgrounds, trailheads, day use areas, and similar recreational sites. Exception: EC-001 Modification: MC-014 Waiver: WV-017 | |||
| 6067 | Recreational Resources |
| CSU | X | X | At the time of APD submittal, apply a CSU stipulation (site-specific relocation) if the lease does not contain an NSO restriction under other resource management on:
Exception: EC-001 Modification: MC-014 Waiver: WV-017 | |||
| 6077 | Scenic and Recreational Resources | Portions of the Absaroka Foothills SRMA | NSO | X | Apply a NSO restriction on portions of the Absaroka Foothills SRMA. Exception: EC-011 Modification: MC-014 Waiver: NONE | ||||
| 6077 | Scenic and Recreational Resources | Absaroka Foothills SRMA | NSO | X | Apply a NSO restriction on the Absaroka Foothills SRMA. Exception: EC-011 Modification: MC-014 Waiver: NONE | ||||
| 6077 | Scenic and Recreational Resources | Absaroka Mountain Foothills SRMA and Absaroka ERMA | CSU | X | Apply a CSU stipulation on the Absaroka Mountain Foothills SRMA and Absaroka ERMA. Exception: EC-011 Modification: MC-014 Waiver: NONE | ||||
| 6087 | Scenic and Recreational Resources | Areas within the Bighorn River SRMA | NSO | X | X | Apply an NSO restriction on lands within the Bighorn River SRMA. Exception: EC-011 Modification: MC-014 Waiver: NONE | |||
| 6087 | Scenic and Recreational Resources | Areas within the Bighorn River SRMA and Bighorn River ERMA | NSO | X | Apply an NSO restriction on lands within the Bighorn River SRMA and the Bighorn River ERMA. Exception: EC-011 Modification: MC-014 Waiver: NONE | ||||
| 6097 | Scenic and Recreational Resources | Tour de Badlands RMZ | NSO | X | Apply an NSO restriction on the Tour de Badlands RMZ. Exception: EC-011 Modification: MC-014 Waiver: NONE | ||||
| 6109 | Scenic and Recreational Resources | Tatman Mountain RMZ | NSO | X | Apply an NSO restriction on the Tatman Mountain RMZ. Exception: EC-011 Modification:MC-014 Waiver: NONE | ||||
| 6109 | Scenic and Recreational Resources | Tatman Mountain RMZ | CSU | X | Apply a CSU stipulation on the Tatman Mountain RMZ. Exception: EC-011 Modification: MC-014 Waiver: NONE | ||||
| 6127 | Scenic and Recreational Resources | Trapper Creek RMZ | NSO | X | Apply a NSO restriction on the Trapper Creek RMZ. Exception: EC-011 Modification: MC-014 Waiver: NONE | ||||
| 6127 | Scenic and Recreational Resources | Trapper Creek area of the Canyons RMZ | CSU | X | Apply a CSU stipulation on the Trapper Creek area of the Canyons RMZ. Exception: EC-011 Modification: MC-014 Waiver: NONE | ||||
| 6137 | Scenic and Recreational Resources | Paint Rock RMZ | NSO | X | Apply a NSO restriction on the Paint Rock RMZ. Exception: EC-011 Modification: MC-014 Waiver: NONE | ||||
| 6137 | Scenic and Recreational Resources | Paint Rock area of the Canyons RMZ | CSU | X | Apply a CSU stipulation on the Paint Rock area of the Canyons RMZ. Exception: EC-011 Modification: MC-014 Waiver: NONE | ||||
| 6149 | Scenic and Recreational Resources | Brokenback/Logging Road RMZ | NSO | X | Apply a NSO restriction on the Brokenback/Logging Road RMZ. Exception: EC-011 Modification: MC-014 Waiver: NONE | ||||
| 6149 | Scenic and Recreational Resources | Brokenback/Logging Road RMZ | CSU | X | Apply a CSU stipulation on the Brokenback/Logging Road RMZ. Exception: EC-011 Modification: MC-014 Waiver: NONE | ||||
| 6160 | Scenic and Recreational Resources | South Bighorns RMZ | NSO | X | Apply a NSO restriction on the South Bighorns RMZ. Exception: EC-011 Modification: MC-014 Waiver: NONE | ||||
| 6160 | Scenic and Recreational Resources | Middle Fork of the Powder River SRMA | CSU | X | Apply a CSU stipulation on the Middle Fork of the Powder River SRMA. Exception: EC-011 Modification: MC-014 Waiver: NONE | ||||
| 6171 | Scenic and Recreational Resources | Canyon Creek area | NSO | X | Apply a NSO restriction on the Canyon Creek area. Exception: EC-011 Modification: MC-014 Waiver: NONE | ||||
| 6171 | Scenic and Recreational Resources | Canyon Creek SRMA | NSO | X | Apply a NSO restriction on the Canyon Creek SRMA. Exception: EC-011 Modification: MC-014 Waiver: NONE | ||||
| 6171 | Scenic and Recreational Resources | Canyon Creek SRMA | CSU | X | Apply a CSU stipulation on the Canyon Creek SRMA. Exception: EC-011 Modification: MC-014 Waiver: NONE | ||||
| 6180 | Scenic and Recreational Resources | Red Canyon Creek SRMA | NSO | X | Apply a NSO restriction on the Red Canyon Creek SRMA. Exception: EC-011 Modification: MC-014 Waiver: NONE | ||||
| 6190 | Scenic and Recreational Resources | WGFD/BLM access areas on the Clarks Fork of the Yellowstone and the North and South Forks of the Shoshone River within The Rivers SRMA | NSO | X | X | Apply an NSO restriction in The Rivers SRMA on some lands within The Rivers SRMA (WGFD/BLM access areas on the Clarks Fork of the Yellowstone and the North and South Forks of the Shoshone River). Exception: EC-011 Modification: MC-014 Waiver: NONE | |||
| 6190 | Scenic and Recreational Resources | Within ¼ mile of campgrounds, trailheads, day use areas, river access sites, and similar recreational sites in The Rivers SRMA | NSO | X | Apply an NSO restriction on areas within ¼ mile of campgrounds, trailheads, day use areas, river access sites, and similar recreational sites (Map 62) within The Rivers SRMA. Exception: EC-011 Modification: MC-014 Waiver: NONE | ||||
| 6201 | Scenic and Recreational Resources | McCullough Peaks SRMA | NSO | X | Apply a NSO restriction on the McCullough Peaks SRMA. Exception: EC-011 Modification: MC-014 Waiver: NONE | ||||
| 6209 | Recreational Resources | Basin Gardens Play Area RMZ | NSO | X | Apply a NSO restriction on the Basin Gardens Play Area RMZ. Exception: EC-011 Modification: MC-014 Waiver: NONE | ||||
| 6209 | Recreational Resources | Basin Gardens Play Area RMZ | CSU | X | Apply a CSU stipulation on the Basin Gardens Play Area SRMA. Exception: EC-011 Modification: MC-014 Waiver: NONE | ||||
| 6218 | Scenic and Recreational Resources | Basin Gardens RMZ | NSO | X | Apply a NSO restriction on the Basin Gardens RMZ. Exception: EC-011 Modification: MC-014 Waiver: NONE | ||||
| 6228 | Recreational Resources | Horse Pasture SRMA | NSO | Apply a NSO restriction on the Horse Pasture SRMA. Exception: EC-011 Modification: MC-014 Waiver: NONE | |||||
| 6228 | Recreational Resources | Horse Pasture SRMA | CSU | Apply a CSU stipulation on the Horse Pasture SRMA. Exception: EC-011 Modification: MC-014 Waiver: NONE | |||||
| 6238 | Scenic and Recreational Resources | Beck Lake SRMA | NSO | X | Apply an NSO restriction on the Beck Lake SRMA. Exception: EC-011 Modification: MC-014 Waiver: NONE | ||||
| 6238 | Scenic and Recreational Resources | Beck Lake SRMA | CSU | X | Apply a CSU stipulation on the Beck Lake SRMA. Exception: EC-011 Modification: MC-014 Waiver: NONE | ||||
| 6246 | Scenic and Recreational Resources | Newton Lake Ridge SRMA | NSO | X | Apply an NSO restriction on the Newton Lake Ridge SRMA. Exception: EC-011 Modification: MC-014 Waiver: NONE | ||||
| 6246 | Scenic and Recreational Resources | Newton Lake Ridge SRMA | CSU | X | The Newton Lake Ridge SRMA is open to oil and gas leasing with a CSU restriction. Exception: EC-011 Modification: MC-014 Waiver: NONE | ||||
| 7007 | Special Designations (Paleontological Resources) | Fossil concentration area in the Big Cedar Ridge ACEC | NSO | X | X | X | Apply an NSO restriction on the 264-acre fossil concentration area in the Big Cedar Ridge ACEC. Exception: EC-001 Modification: MC-014 Waiver: WV-018 | ||
| 7021 | Special Designations (Paleontological Resources) | Sundance Formation of the Red Gulch Dinosaur Tracksite ACEC | NSO | X | X | X | Apply an NSO restriction for mineral leasing, exploration, and development on BLM-administered lands in the Sundance Formation of the Red Gulch Dinosaur Tracksite ACEC. Exception: EC-001 Modification: MC-014 Waiver: WV-018 | ||
| 7029 | Special Designations (Geologic Resources) | Center of the Sheep Mountain Anticline ACEC | NSO | X | Apply an NSO restriction on the center of the Sheep Mountain Anticline and a CSU on the northern portion and the southern portion. Exception: EC-001 Modification: MC-014 Waiver: WV-018 | ||||
| 7029 | Special Designations (Geologic Resources) | Northern and southern portions of the Sheep Mountain Anticline ACEC | CSU | X | Apply an NSO restriction on the center of the Sheep Mountain Anticline and a CSU on the northern portion and the southern portion. Exception: EC-001 Modification: MC-014 Waiver: WV-018 | ||||
| 7054 | Special Designations (Vegetation; Wildlife) | Slopes of more than 7 percent in the Carter Mountain ACEC | NSO | X | X | Prohibit surface-disturbing activities such as exploration and development of leasable minerals, geophysical exploration, and ROW construction on slopes of more than 7 percent in the Carter Mountain ACEC for the protection of fragile soils and alpine tundra. Exception: EC-001 Modification: MC-014 Waiver: WV-018 | |||
| 7067 | Special Designations (Recreational; Scenic; Special Status Species) | Five Springs Falls ACEC | NSO | X | The Five Springs Falls ACEC is open to exploration and development of saleable and leasable minerals with an NSO restriction. Exception: EC-001 Modification: MC-014 Waiver: WV-018 | ||||
| 7083 | Special Designations (Cultural; Fish; Recreational; Scenic; Soils; Special Status Species; Vegetation; Wildlife) | Upper Owl Creek ACEC | NSO | X | The Upper Owl Creek ACEC is open to oil and gas leasing with an NSO restriction. Exception: EC-001 Modification: MC-014 Waiver: WV-018 | ||||
| 7087 | Special Status Species | Chapman Bench Management Area | NSO | X | The Chapman Bench Management Area is open to mineral leasing with an NSO restriction. Exception: NONE Modification: NONE Waiver: NONE | ||||
| 7154 | Special Designations (Geologic; Paleontological) | Paleocene, Eocene Thermal Maximum ACEC | NSO | X | Apply an NSO restriction on the PETM ACEC. Grant exceptions on a case-by-case basis. Exception: EC-001 Modification: MC-014 Waiver: WV-018 | ||||
| 7186 | Special Designations (Cultural Resources) | Outside of 3 miles and in view within 5 miles of the Heart Mountain Relocation Camp NHL | CSU | X | Manage areas within 3 miles (12,506 acres of federal mineral estate) as administratively unavailable for leasing and apply a CSU stipulation in view within 5 miles (7,367 acres of federal mineral estate) of the Heart Mountain National Historic Landmark (Map 72). Exception: NONE Modification: NONE Waiver: NONE | ||||
| 7186 | Special Designations (Cultural Resources) | Within the viewshed from the Heart Mountain Relocation Camp NHL toward Heart Mountain | CSU | X | Apply a CSU stipulation and BMPs (Appendix L) to avoid or mitigate adverse effects within the viewshed from the Heart Mountain Relocation Camp National Historic Landmark toward Heart Mountain. Exception: NONE Modification: NONE Waiver: NONE | ||||
| 7189 | Special Designations (Cultural Resources) | Within ¼ mile of the Nez Perce (Neeme-poo) NHT | NSO | X | X | Apply an NSO restriction within ¼ mile of the Nez Perce (Neeme-poo) NHT. Exception: EC-012 Modification: NONE Waiver: NONE | |||
| 7189 | Special Designations (Cultural Resources) | Within 3 miles of the Nez Perce (Neeme-poo) NHT | NSO | X | Apply an NSO restriction within 3 miles and a CSU stipulation in view within 5 miles of the Nez Perce (Neeme-poo) NHT. Exception: EC-012 Modification: NONE Waiver: NONE | ||||
| 7189 | Special Designations (Cultural Resources) | Outside of 3 miles and in view within 5 miles of the Nez Perce (Neeme-poo) NHT | CSU | X | Apply an NSO restriction within 3 miles and a CSU stipulation in view within 5 miles of the Nez Perce (Neeme-poo) NHT. Exception: EC-012 Modification: NONE Waiver: NONE | ||||
| 7189 | Special Designations (Cultural Resources) | Outside of ¼ mile and within 1 mile of the Nez Perce (Neeme-poo) NHT | CSU | X | Apply an NSO restriction within ¼ mile and a CSU stipulation within 1 mile of the Nez Perce (Neeme-poo) NHT. Exception: EC-012 Modification: NONE Waiver: NONE | ||||
| 7189 | Special Designations (Scenic and Cultural Resources) | Up to 3 miles from the Nez Perce (Neeme-poo) NHT | CSU | X | Protect the foreground of National Historic Trails (defined in Glossary ) up to 3 miles where setting is an important aspect of the integrity for the trail. Use BMPs (Appendix L) to avoid or mitigate adverse effects. Exception: EC-012 Modification: NONE Waiver: NONE | ||||
| 7193 | Special Designations (Scenic and Cultural Resources) | Within ¼ mile of Regionally Important Prehistoric and Historic Trails | NSO | X | X | Apply an NSO restriction within ¼ mile of Other Trails. Exception: EC-012 Modification: NONE Waiver: NONE | |||
| 7193 | Special Designations (Scenic and Cultural Resources) | Within 3 miles of Regionally Important Prehistoric and Historic Trails | NSO | X | Apply an NSO restriction within 3 miles and a CSU stipulation in view within 5 miles of Other Trails. Exception: EC-012 Modification: NONE Waiver: NONE | ||||
| 7193 | Special Designations (Scenic and Cultural Resources) | Outside of 3 miles and in view within 5 miles of Regionally Important Prehistoric and Historic Trails | CSU | X | Apply an NSO restriction within 3 miles and a CSU stipulation in view within 5 miles of Other Trails. Exception: EC-012 Modification: NONE Waiver: NONE | ||||
| 7193 | Special Designations (Scenic and Cultural Resources) | Within ¼ mile of Regionally Important Prehistoric and Historic Trails | NSO/CSU | X | Apply an NSO restriction within ¼ mile and a CSU stipulation within 1 mile of Other Trails, except where the trail is known to lack physical integrity or the trail setting has been previously compromised. Exception: EC-012 Modification: NONE Waiver: NONE | ||||
| 7193 | Special Designations (Scenic and Cultural Resources) | Outside of ¼ mile and within 1 mile of Other Trails | CSU | X | Apply an NSO restriction within ¼ mile and a CSU stipulation within 1 mile of Other Trails, except where the trail is known to lack physical integrity or the trail setting has been previously compromised. Exception: EC-012 Modification: NONE Waiver: NONE | ||||
| 7193 | Special Designations (Scenic and Cultural Resources) | Up to 2 miles from Other Trails | CSU | X | Protect the foreground of Historic Trails (defined in Glossary ) up to 2 miles where setting is an important aspect of the integrity for the trail, and use BMPs (Appendix L) to avoid or mitigate adverse effects. Exception: EC-012 Modification: NONE Waiver: NONE | ||||
| 7200 | Special Designations (Recreational and Scenic Values) |
| NSO | X | BLM-administered land within the following scenic and recreational waterway segments is open to mineral leasing with an NSO (seasonal NSO in the WFO):
Exception: EC-001 Modification: MC-014 Waiver: WV-019 | ||||
Table G.2. Codes for Exceptions, Modifications, and Waivers
| CODE | DESCRIPTION |
|---|---|
| Exceptions | |
| EC-001 | An exception to this restriction or stipulation may be granted by the Authorized Officer, if the operator submits a plan demonstrating that impacts from the proposed action are acceptable or can be adequately mitigated. |
| EC-002 | An exception may be granted by the Authorized Officer if the operator submits a plan that demonstrates that impacts from the proposed action can be fully mitigated or there are not practical alternatives. |
| EC-003 | An exception may be granted by the Authorized Officer if the operator submits a plan that demonstrates that impacts from the proposed action can be adequately mitigated or it is determined the habitat is not being used during the period of concern for any given year. |
| EC-004 | An exception may be granted by the Authorized Officer if the operator submits a plan that demonstrates that impacts from the proposed action can be adequately mitigated or it is determined the habitat is not being used during the winter period for any given year. Additionally this restriction will not apply to maintenance and operation of existing facilities. |
| EC-005 | An exception could be granted if studies determine that the winter habitats/concentration areas do not support Key Habitat Area populations. An exception may be granted by the Authorized Officer if the operator submits a plan that demonstrates that impacts from the proposed action can be adequately mitigated or it is determined the habitat is not being used during the TLS period of concern for any given year. Additionally this restriction will not apply to maintenance and operation of existing facilities. |
| EC-006 | The Authorized Officer may grant an exception if it is determined that the proposed action would not impair the function or utility of the site for current or of the site for current or subsequent reproductive display, including daytime loafing/staging activities. An exception may be granted by the Authorized Officer if the operator submits a plan that demonstrates that impacts from the proposed action can be adequately mitigated or it is determined the habitat is not being used during the TLS period of concern for any given year. Additionally this restriction will not apply to maintenance and operation of existing facilities. |
| EC-007 | An exception may be granted by the Authorized Officer if the operator submits a plan that demonstrates that impacts from the proposed action can be adequately mitigated or it is determined the habitat is not being used during the TLS period of concern for any given year. Additionally this restriction will not apply to maintenance and operation of existing facilities. Sage-grouse specific exception criteria for application of greater or lesser restrictions to short or long-term activities. Exception evaluation factors may include, but are not limited to, condition of the habitat, presence of sage-grouse or their sign, presence of other activities in the area, importance for migration or connectivity, duration and timing of proposed activity, local topography, severity and forecast of weather, beneficial aspects of the project for sage-grouse, including possible reclamation activities, and cover and forage availability. |
| EC-008 | An exception may be granted by the Authorized Officer if the operator submits a plan that demonstrates that impacts from the proposed action can be adequately mitigated or it is determined the habitat is not being used during the TLS period of concern for any given year. Additionally this restriction will not apply to maintenance and operation of existing facilities. |
| EC-009 | An exception may be granted by the Authorized Officer if the operator submits a plan which demonstrates that the proposed action will not affect the raptor nest site. If the Authorized Officer determines that the action may or will have an adverse effect on the species, the operator may submit a plan demonstrating that the impacts can be adequately mitigated. This plan must be approved by the BLM. |
| EC-010 | An exception could be considered in identified breeding and nesting habitat if survey protocols are met in accordance with approved protocols. |
| EC-011 | Consider exceptions if exploration and development would not impair identified scenic and primitive or semi-primitive recreational resources. |
| EC-012 | Where the trail is known to lack physical integrity or the trail setting has been previously compromised. |
| Modifications | |
| MC-001 | Consider modifications if (1) there are no practical alternatives, (2) impacts can be fully mitigated, and (3) the action is designed to enhance the protected resource(s). |
| MC-002 | The Authorized Officer may modify the boundaries of the stipulation area if (1) a portion of the area is not being used as protected range by the identified species, (2) habitat outside of stipulation boundaries is being used and needs to be protected, or (3) the migration patterns have changed causing a difference in the season of use. |
| MC-003 | The Authorized Officer may modify the boundaries of the stipulation area (1) if a portion of the area is not being used as crucial habitat during parturition season or (2) if habitat outside of stipulation boundaries is being used for crucial habitat and needs to be protected. |
| MC-004 | The Authorized Officer may modify the boundaries of the stipulation area if (1) a portion of the area is not being used as crucial winter range by the identified species, (2) habitat outside of stipulation boundaries is being used as crucial winter range and needs to be protected, or (3) the migration patterns have changed causing a difference in the season of use. |
| MC-005 | The Authorized Officer may modify the boundaries in the stipulation area if it is determined that the actual habitat suitability for wintering sage-grouse is greater or less than the identified boundary. Timeframes may be modified based on studies documenting local periods of actual use. |
| MC-006 | The Authorized Officer may modify the area subject to the stipulation if it is determined that a portion of the area is nonessential, or that the proposed action could be conditioned so as not impair the function or utility of the site for current or subsequent reproductive display, including daytime loafing/staging activities. |
| MC-007 | The Authorized Officer may modify the boundaries in the stipulation area if it is determined that the actual habitat suitability for nesting/early brood-rearing is greater or less than the identified boundary. Timeframes may be modified based on studies documenting local periods of actual use. |
| MC-008 | The Authorized Officer may modify the boundaries in the stipulation area if it is determined that the actual habitat suitability for winter concentration is greater or less than the identified boundary. Timeframes may be modified based on studies documenting local periods of actual use. |
| MC-009 | A modification may be granted if the Authorized Officer determines that portions of the leasehold can be occupied without adversely affecting the nest site, based on topography, species, season of use, if the nests expected to be disturbed are inactive, and other pertinent factors. |
| MC-010 | The boundaries of the stipulated area may be modified, if the Authorized Officer determines that portion of the area can be occupied without adversely affecting Mt. Plover. |
| MC-011 | A modification could be granted if studies determine that said complexes are unsuitable for black-footed ferret reintroduction. |
| MC-012 | The boundaries of the stipulated area may be modified, if the Authorized Officer determines that portion of the area can be occupied without adversely affecting cultural sites. |
| MC-013 | The boundaries of the stipulated area may be modified, if the Authorized Officer determines that portion of the area can be occupied without adversely affecting paleontological sites. |
| MC-014 | The stipulated area may be modified by the Authorized Officer if the boundaries are changed. |
| Waivers | |
| WV-001 | A waiver may be granted if the restriction violates the leaseholder/operator lease rights. |
| WV-002 | This stipulation may be waived, if the Authorized Officer determines that the entire leasehold can be occupied without adversely affecting riparian resources. |
| WV-003 | The Authorized Officer may modify the boundaries of the stipulation area (1) if a portion of the area is not being used as crucial habitat during parturition season. |
| WV-004 | A waiver may be granted if the habitat is unsuitable or unoccupied during winter months by the identified species. |
| WV-005 | This stipulation may be waived, if the Authorized Officer determines that the entire leasehold can be occupied without adversely affecting the resources. |
| WV-006 | A waiver may be granted if the habitat is unsuitable or unoccupied during winter months by the identified species and there is no reasonable likelihood of future winter range use. |
| WV-007 | A waiver may be granted if the habitat is unsuitable or unoccupied by the identified species. |
| WV-008 | This stipulation may be waived, if after consultation with the Wyoming Game and Fish Department,, it is determined that the described lands are incapable of serving the long-term requirements of sage-grouse wintering habitat and these ranges no longer warrant consideration as components of sage-grouse wintering concentration habitat. |
| WV-009 | This stipulation may be waived, if it is determined that the site has been permanently abandoned or unoccupied for a minimum of 10 years (a lek must be “inactive” in at least four non-consecutive stutting seasons spanning the ten years); site conditions have changed such that there is no reasonable likelihood of site occupation for a subsequent minimum period of once every 10 years, or sage-grouse are no longer a BLM sensitive or special status species and are not listed by the United States Fish and Wildlife Service.. |
| WV-010 | This stipulation may be waived, if after consultation with the Wyoming Game and Fish Department, it is determined that the described lands are incapable of serving the long-term requirements of sage-grouse nesting habitat and these ranges no longer warrant consideration as components of sage-grouse nesting habitat. |
| WV-011 | This stipulation may be waived, if after consultation with the Wyoming Game and Fish Department, it is determined that the described lands are incapable of serving the long-term requirements of sage-grouse winter habitat and these ranges no longer warrant consideration as components of sage-grouse nesting habitat. |
| WV-012 | A waiver may be granted if the Authorized Officer determines that (1) the leasehold can be occupied without adversely affecting the nest site (2) the nest is unoccupied for three consecutive years by the identified species and (3) there is no reasonable likelihood of future use. |
| WV-013 | The stipulation may be waived, if the Authorized Officer determines that the entire leasehold can be occupied without adversely affecting Mt. Plover. |
| WV-014 | A Waiver could be granted if studies determine that said complexes are unsuitable for black-footed ferret reintroduction. |
| WV-015 | The stipulation may be waived, if the Authorized Officer determines that the entire leasehold can be occupied without adversely affecting cultural sites. |
| WV-016 | The stipulation may be waived, if the Authorized Officer determines that the entire leasehold can be occupied without adversely affecting paleontological sites. |
| WV-017 | This stipulation may be waived, if the Authorized Officer determines that the entire leasehold no longer contains developed recreation areas. |
| WV-018 | This stipulation may be waived, if the Authorized Officer determines that the entire leasehold no longer contains designated ACECs. |
| WV-019 | This stipulation may be waived, if the Authorized Officer determines that the entire leasehold no longer contains scenic and recreational waterway segments. |