The BLM, by including National Historic Trails (NHTs) within its National Landscape Conservation System, has recognized these trails as national treasures. The BLM’s responsibility is to review the strategy for management, protection, and preservation of these trails. The NHTs in Wyoming, which include the Oregon, California, Mormon Pioneer, and Pony Express Trails, as well as the Nez Perce Trail, were designated by Congress through the National Trails System Act (Public Law (Pub. L.) 90-543; 16 United States Code (U.S.C.) 1241-1251) as amended through Pub. L. 106-509 dated November 13, 2000.
Protection of the NHTs is normally considered under the National Historic Preservation Act (Pub. L. 89- 665; 16 U.S.C. 470 et seq.) as amended through 1992 and the National Trails System Act. Additionally, Executive Order 13195, “Trails for America in the 21st Century,” signed January 18, 2001, states in Section 1: “Federal agencies will...protect, connect, promote, and assist trails of all types throughout the United States (U.S.). This will be accomplished by…(b) Protecting the trail corridors associated with national scenic trails and the high priority potential sites and segments of national historic trails to the degrees necessary to ensure that the values for which each trail was established remain intact.” Therefore, the BLM will be considering all impacts and intrusions to the NHTs, their associated historic landscapes, and all associated features, such as trail traces, grave sites, historic encampments, inscriptions, natural features frequently commented on by emigrants in journals, letters and diaries, or any other feature contributing to the historic significance of the trails. Additional NHTs will likely be designated amending the National Trails System Act. When these amendments occur, this notice will apply to those newly designated NHTs as well.
The BLM will proceed in this objective by conducting a viewshed analysis on either side of the designated centerline of the NHTs in Wyoming, except, at this time, for the Nez Perce Trail, for the purpose of identifying and evaluating potential impacts to the trails, their associated historic landscapes, and their associated historic features. Subject to the viewshed analysis and archeological inventory, reasonable mitigation measures may be applied. These may include, but are not limited to, modification of siting or design of facilities to camouflage or otherwise hide the proposed operations within the viewshed. Additionally, specification of interim and final reclamation measures may require relocating the proposed operations within the leasehold. Surface-disturbing activities will be analyzed in accordance with the National Environmental Policy Act (NEPA) of 1969 (Pub. L. 91-190; 42 U.S.C. 4321-4347) as amended through Pub. L. 94-52, July 3, 1975 and Pub. L. 94-83, August 9, 1975, and the National Historic Preservation Act, supra, to determine if any design, siting, timing, or reclamation requirements are necessary). This strategy is necessary until the BLM determines that, based on the results of the completed viewshed analysis and archeological inventory, the existing land use plans (Resource Management Plans [RMP]) have to be amended.
The use of this lease notice is a predecisional action, necessary until final decisions regarding surface-disturbing restrictions are made. Final decisions regarding surface-disturbing restrictions will take place with full public disclosure and public involvement over the next several years if BLM determines that it is necessary to amend existing land use plans.
The intent of this notice is to inform interested parties (potential lessees, permittees, operators) that when any oil and gas lease contains remnants of NHTs, or is located within the viewshed of a NHTs’ designated centerline, surface-disturbing activities will require the lessee, permittee, operator or their designated representative, and the surface management agency to arrive at an acceptable plan for mitigation of anticipated impacts. This negotiation will occur prior to development and become a condition for approval when authorizing the action.