1. Greater Sage-Grouse Plan Implementation and Mitigation
U.S. Department of the Interior
Bureau of Land Management
Greater Sage-Grouse Plan Implementation and Mitigation
BLM - Wyoming

2. Greater Sage-Grouse Resource Management Plan(s)
U.S. Department of the Interior
Bureau of Land Management
Greater Sage-Grouse Resource Management Plan(s)
Implementation: Guidance
National Level Instruction Memoranda
Habitat Assessments and Monitoring (WO IM and WO IM )
Grazing Related (WO IM and WO IM )
Adaptive Management (WO IM )
Surface Disturbance and Reclamation Tracking (WO IM )
Oil and Gas Prioritization (WO IM ) 2 2

3. Greater Sage-Grouse Resource Management Plan(s)
U.S. Department of the Interior
Bureau of Land Management
Greater Sage-Grouse Resource Management Plan(s)
Implementation: Guidance
MOUs
Data Sharing MOU (update to 1990 MOU)
Adaptive Management MOU
Mitigation MOU
DDCT coordination MOU 3 3

4. Greater Sage-Grouse Resource Management Plan(s)
U.S. Department of the Interior
Bureau of Land Management
Greater Sage-Grouse Resource Management Plan(s)
Implementation: Guidance
Core Area Versions IM (BLM WY IM )
BLM Plans did not incorporate Version 4 of the Wyoming Core Areas
Addresses management of Wyoming Core Areas (Version 3 and Version 4) that do not overlap 4 4

6. Greater Sage-Grouse Resource Management Plan(s)
U.S. Department of the Interior
Bureau of Land Management
Greater Sage-Grouse Resource Management Plan(s)
Implementation: Core Area Versions IM (BLM WY IM )
Projects located in Version 4 Areas; not in Version 3 Areas
NEPA analysis must analyze at least one alternative with PHMA restrictions applied
DDCTs required and results included in BLM NEPA analysis
Oil and Gas Leasing deferred until completion of Plan Amendment 6 6

7. Greater Sage-Grouse Resource Management Plan(s)
U.S. Department of the Interior
Bureau of Land Management
Greater Sage-Grouse Resource Management Plan(s)
Implementation: Core Area Versions IM (BLM WY IM )
Projects located in Version 3 Areas; not in Version 4 Areas
Continue to be managed as PHMA (Core Area)
Requests for exceptions, waivers or modifications will be evaluated on a case-by-case basis
DDCTs required and results included in BLM NEPA analysis
Oil and gas leasing will occur, consistent with the existing RMPs 7 7

8. Greater Sage-Grouse Resource Management Plan(s)
U.S. Department of the Interior
Bureau of Land Management
Greater Sage-Grouse Resource Management Plan(s)
Implementation: Workload
Workforce Assessment based on new workloads
Development of internal implementation teams
Encompass all affected resource specialists
Encompass all field offices
Promote and ensure consistency in implementation across the state. 8 8

9. Greater Sage-Grouse Resource Management Plan(s):
U.S. Department of the Interior
Bureau of Land Management
Greater Sage-Grouse Resource Management Plan(s):
BLM Oil and Gas Decisions and Policies
Revised/Amended RMP Decisions
Allocation decisions: open/closed to leasing
Lease stipulations
Permit-level objectives
BLM Policy Guidance
“Prioritization” of leasing and permit decisions
Collection and use of surface disturbance and reclamation data
Permit-level objectives include RDFs (Appendix C to the 9-Plan RMPA):
“…the applicability and overall effectiveness of each RDF cannot be fully assessed until the project level when the project location and design are known. Because of site-specific circumstances, some RDFs may not apply to some projects… and/or may require slight variations…” 9 9

10. BLM Implementation Guidance for Oil & Gas
U.S. Department of the Interior
Bureau of Land Management
BLM Implementation Guidance for Oil & Gas
Washington Office IM
“This IM does not prohibit leasing or development in GHMA or PHMA.” 10 10

11. BLM Implementation Guidance for Oil & Gas
U.S. Department of the Interior
Bureau of Land Management
BLM Implementation Guidance for Oil & Gas
Washington Office IM
“…the BLM will prioritize… leasing [and development]… in accordance with the following prioritization sequence…”
Lands outside of GHMAs and PHMAs
Lands within GHMAs
Lands within PHMAs
Factors to consider include:
Adjacent or proximate to existing oil and gas leases and development operations or other land uses/surface disturbance
Within existing oil and gas units
In areas with higher potential for development (leasing only)
In areas with lower-value GRSG habitat or further away from important life-history habitat features
In areas with completed EIS or MLP
Where required by law or regulation (e.g., drainage, trespass)
Where disturbance limits are not exceeded 11 11

12. BLM Implementation Guidance for Oil & Gas
U.S. Department of the Interior
Bureau of Land Management
BLM Implementation Guidance for Oil & Gas
The RMP’s prioritization objectives do not supersede the APD processing timeframes under:
regulation (43 CFR § 3162, Onshore Oil and Gas Order No. 1)
law (the Energy Policy Act of 2005 § 366) 12 12

13. 13

14. Mitigation: National Policy
U.S. Department of the Interior
Bureau of Land Management
Mitigation: National Policy
Primary Drivers for Policy Framework
40 CFR Mitigation (CEQ definition)
Federal Land Policy and Management Act (1976)
Secretarial Order No. 3330: Improving Mitigation Policies and Practices of the Department of the Interior (2013)
Presidential Memorandum (2015)
Department of the Interior Manual Mitigation Chapter (600 DM 6) (2015) 14 14

15. Mitigation: The Hierarchy - CEQ at 40 CFR 1508.20 Avoid Minimize
U.S. Department of the Interior
Bureau of Land Management
Mitigation: The Hierarchy - CEQ at 40 CFR
Avoid
Minimize
Rectify
Reduce or eliminate over time
Compensate 15 15

16. Mitigation: National Policy
U.S. Department of the Interior
Bureau of Land Management
Mitigation: National Policy
Presidential Memorandum
Employ the mitigation hierarchy, consistent with mission and legal authorities
Adopt clear and consistent guidance
Establish a net benefit goal, or at a minimum, no net loss
Promote avoidance of impacts to natural resources of irreplaceable character
Develop large-scale plans and analysis to proactively identify resource priorities and standards
Encourage advance compensation (including use of banks, etc.) 16 16

17. Mitigation: National Policy
U.S. Department of the Interior
Bureau of Land Management
Mitigation: National Policy
DOI Manual Mitigation Chapter
Key principles:
Employ the full mitigation hierarchy; compensatory mitigation measures generally should not be considered until after all appropriate and practicable avoidance and minimization measures have been applied
Seek to achieve a no net loss outcome for impacted resources and their values, services, and functions, or, as required or appropriate, a net benefit in outcomes
Use landscape-scale approaches; including landscape-scale strategies and policies 17 17

18. Mitigation: National Policy
U.S. Department of the Interior
Bureau of Land Management
Mitigation: National Policy
DOI Manual Mitigation Chapter
Key principles cont’d:
Employ:
Timely and transparent processes
Best Available Science
Best Management Practices
Monitoring and Evaluation
Address:
Climate Change impacts and resilience
Durability and Additionality
Budgetary and Financial Assurances
; compensatory mitigation measures generally should not be considered until after all appropriate and practicable avoidance and minimization measures have been applied
Seek to achieve, through application of the mitigation hierarchy, a no net loss outcome for impacted resources and their values, services, and functions, or, as required or appropriate, a net benefit in outcomes 18 18

19. Mitigation: National Policy BLM Interim Policy: BLM WO-IM-2013-042
U.S. Department of the Interior
Bureau of Land Management
Mitigation: National Policy
BLM Interim Policy: BLM WO-IM
Key elements
Regional Mitigation Strategies/Planning
Consistent application across landscape
Identify and implement mitigation measures for particular land-use authorizations
Applies to resources beyond wildlife and habitat 19 19

20. Mitigation: National Policy BLM Interim Policy: BLM WO-IM-2013-042
U.S. Department of the Interior
Bureau of Land Management
Mitigation: National Policy
BLM Interim Policy: BLM WO-IM
Guidance:
Employ the mitigation hierarchy
Develop large-scale plans and analysis
Enhance ability to support investment in large-scale efforts
Employ advanced compensation
Mitigation standards (acceptable and unacceptable levels of impacts) 20 20

21. Mitigation: Residual Impacts
U.S. Department of the Interior
Bureau of Land Management
Mitigation: Residual Impacts
What are Residual Impacts?
Impacts that cannot be sufficiently avoided or minimized
BLM’s NEPA Handbook (H ) page 62
Impacts are qualified within the context of
Temporal extent
Spatial extent
Intensity of impacts 21 21

22. Mitigation: Regional Strategies Advanced consideration
U.S. Department of the Interior
Bureau of Land Management
Mitigation: Regional Strategies
Advanced consideration
Geographic scale
Establish standards
Publicly inclusive
Identify most effective compensatory mitigation sites
Part of the LUP process OR stand-alone technical document 22 22

23. Mitigation: Example Regional Strategies
U.S. Department of the Interior
Bureau of Land Management
Mitigation: Example Regional Strategies
AK: National Petroleum Reserve – Amendment RMS (draft)
AZ: Dry Lake Solar Energy Zone RMS
CO: San Luis Valley Solar Energy Zone RMS (draft)
WY: Continental Divide – Creston ROD and Mitigation Strategy
Multi-state Transmission Lines mitigation strategies (i.e. Transwest Express, Boardman to Hemingway) 23 23

24. Mitigation: Wyoming Perspective
U.S. Department of the Interior
Bureau of Land Management
Mitigation: Wyoming Perspective
Continental Divide-Creston (CD-C) Record of Decision
Includes a Mitigation Strategy
The FEIS considers impacts in the context of the conditions and trends of the landscape
The Mitigation Strategy considers mitigation in the context of conditions and trends of the landscape
The Mitigation Hierarchy 24 24

25. Mitigation: Continental Divide - Creston Strategy
U.S. Department of the Interior
Bureau of Land Management
Mitigation: Continental Divide - Creston Strategy
Future, site-specific actions that tier to the CD-C FEIS will incorporate the strategy
First, identification of avoidance and minimization measures, including appropriate rectification & reduction
Then, residual impacts identified
Finally, are residual impacts acceptable/unacceptable? 25 25

26. Mitigation: Continental Divide - Creston Strategy
U.S. Department of the Interior
Bureau of Land Management
Mitigation: Continental Divide - Creston Strategy
Identifies the process by which the BLM will determine:
Appropriate avoidance and minimization measures
The acceptable residual impacts
The unacceptable residual impacts
The impacts that may warrant compensatory mitigation 26 26

27. Mitigation: Continental Divide - Creston Strategy
U.S. Department of the Interior
Bureau of Land Management
Mitigation: Continental Divide - Creston Strategy
Acceptable/unacceptable residual impacts (BLM’s Draft Mitigation Policy, 2013)
Determination is made in the relevant Resource Management Plan (RMP)
If BLM is unable to meet RMP objectives, unacceptable residual impacts may remain 27 27

28. Mitigation: Continental Divide - Creston Strategy
U.S. Department of the Interior
Bureau of Land Management
Mitigation: Continental Divide - Creston Strategy
Reasonably Foreseeable Residual Impacts in the CD-C Project Area:
Pronghorn Antelope and Mule Deer Crucial Winter Range
FEIS analysis identified:
that pronghorn and mule deer crucial winter range habitat could be adversely affected in the short and long term
Quality and function of the habitat could also be impacted, depending on location of wellpads and facilities
Impacts would result in substantial disruption or irreplaceable loss of vital and high-value habitats 28 28

29. Mitigation: Continental Divide - Creston Strategy
U.S. Department of the Interior
Bureau of Land Management
Mitigation: Continental Divide - Creston Strategy
Reasonably Foreseeable Residual Impacts in the CD-C Project Area:
Greater Sage-Grouse Habitat
FEIS identified that Priority Habitat Management Areas within the CD-C project area may be affected due to presence of Valid Existing Rights
Localized, adverse impacts to General Habitat Management Areas may also occur 29 29

30. Mitigation: Continental Divide - Creston Strategy
U.S. Department of the Interior
Bureau of Land Management
Mitigation: Continental Divide - Creston Strategy
The need for compensatory mitigation:
Would be determined at the site-specific level
If avoidance and minimization measures are identified and implemented at the site-specific level, would not need compensatory mitigation at all
Operators could avoid developing in crucial habitats, including winter range & PHMA
Could sufficiently minimize impacts in GHMA
Would be dependent on site-specific analysis 30 30

31. Mitigation: Continental Divide - Creston Strategy
U.S. Department of the Interior
Bureau of Land Management
Mitigation: Continental Divide - Creston Strategy
Framework for debit calculation:
Determine baseline and trend of the resource
Determine amount of change to baseline condition and trend as a result of the residual impact
Determine magnitude of the benefits needed to enable achievement of RMP objective
Consider risk associated with ineffectiveness, timeliness 31 31

32. Mitigation: Continental Divide - Creston Strategy
U.S. Department of the Interior
Bureau of Land Management
Mitigation: Continental Divide - Creston Strategy
Mitigation Mechanisms
BLM will consult with the Implementation Group* and work with industry to identify potential mitigation and compensatory mitigation sites and projects
In coordination with everyone, the BLM will create, maintain, and update a list of suitable mitigation mechanisms
*Section 3 of the CD-C ROD 32 32

33. Mitigation: Continental Divide - Creston Strategy
U.S. Department of the Interior
Bureau of Land Management
Mitigation: Continental Divide - Creston Strategy
Mitigation Mechanisms
Suitable compensatory mitigation mechanisms include:
Mitigation banks
Mitigation exchanges
Mitigation funds
Authorized land-user responsible compensatory mitigation measures 33 33

34. Questions? Greater Sage-Grouse Plan Implementation and Mitigation
U.S. Department of the Interior
Bureau of Land Management
Greater Sage-Grouse Plan Implementation and Mitigation
BLM - Wyoming
Questions?
BLM – Wyoming State Office:
Travis Bargsten
Jennifer Fleuret-McConchie
Jenny Morton
Pam Murdock