Appendix G

Proposed Restrictions on Mineral
and Energy Exploration
and Development Activity

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Introduction

This appendix discusses the leasing stipulations as they will be applied to BLM managed lands in the planning area. Operating standards pertinent to the locatable and salable minerals program are also described. Mineral exploration and development on federal lands must also comply with laws and regulations administered by several agencies of the State of Oregon; however, these specific requirements are not discussed in this document.

Stipulations and operating standards pertaining to the No Action Alternative, Alternatives A through E, and the Preferred Alternative can be found in the Draft Resource Management Plan and Environmental Impact Statement.

Leasable Mineral Resources

Oil and Gas Leasing

The Mineral Leasing Act of 1920 (as amended) provides that all publicly-owned oil and gas resources be open to leasing unless a specific land order has been issued to close the area. Through the land use planning process, the availability of these resources for leasing is analyzed, taking into consideration development potential and surface resources. Restrictions on oil and gas operations are identified and placed in the leases as notices and stipulations. Oil and gas leases are then issued from the BLM Oregon State Office in Portland. A leasing notice, and specific lease stipulations, for the Proposed Resource Management Plan are listed later in this appendix.

The issuance of a lease conveys to the lessee an authorization to actively explore and/or develop the lease, in accordance with the attached stipulations and the standard terms outlined in the Federal Onshore Oil and Gas Leasing Reform Act. Restrictions on oil and gas activities in the planning area will take the form of timing limitations, controlled surface use, or no surface occupancy stipulations used at the discretion of the Authorized Officer to protect identified surface resources of special concern.

Stipulations will be attached to each lease before it is offered for sale by the field office which reviews the lease tract. The review will be conducted by consulting the direction given in this proposed resource management plan. In addition, all lands administered by BLM within the planning area will be subject to the lease notice as shown on the following pages. Every attempt will be made to place stipulations in the lease and to minimize use of Standard Conditions of Approval attached to the site specific permit. All federal lessees or operators are required to follow procedures set forth by: Onshore Oil and Gas Orders, Notices to Lessees, The Federal Oil and Gas Royalty Management Act (as amended), The Federal Onshore Oil and Gas Leasing Reform Act and Title 43 Code of Federal Regulations, Part 3100.

Oil and Gas Operations

Geophysical Exploration

Geophysical operations may be conducted regardless of whether the land is leased or not. Notices to conduct geophysical operations on BLM surface are received by the resource area. Administration and surface protection are accomplished through close cooperation of the operator and the BLM. Seasonal restrictions may be imposed to reduce fire hazards, conflicts with wildlife, watershed damage, etc. An operator is required to file a "Notice of Intent to Conduct Oil and Gas Exploration Operations" for all geophysical activities on public land administered by BLM. The notice should adequately show the location and access routes, anticipated surface damages, and time frame. The operator is required to comply with written instructions and orders given by the Authorized Officer, and must be bonded. Signing of the Notice of Intent by the operator signifies agreement to comply with the terms and conditions of the notice, regulations, and other requirements prescribed by the Authorized Officer. A pre-work conference and/or site inspection may be required. Periodic checks during and upon completion of the operations will be conducted to ensure compliance with the terms of Notice of Intent, including reclamation.

Drilling Permit Process

The federal lessee or operating company selects a drill site based on spacing requirements, subsurface and surface geology, geophysics, topography, and economic considerations. Well spacing is determined by the authorized officer after considering topography, reservoir characteristics, protection of correlative rights, potential for well interference, interference with multiple use of lands, and protection of the surface and subsurface environments. Close coordination with the State will take place. Written field spacing orders are issued for each field. Exceptions to spacing requirements involving federal lands may be granted after joint State and BLM review.

Notice of Staking

Once the company makes the decision to drill, they must decide whether to submit a Notice of Staking or apply directly for a permit to drill. The Notice of Staking is an outline of what the company intends to do, including a location map and sketched site plan. The Notice of Staking is used to review any conflicts with known critical resource values and to identify the need for associated rights-of-way and special use permits. The BLM utilizes information contained in the Notice of Staking and obtained from the on-site inspection to develop conditions of approval to be incorporated into the application for permit to drill. Upon receipt of the Notice of Staking, the BLM posts the document and pertinent information about the proposed well in the District Office for a minimum of 30 days prior to approval, for review and comment by the public.

Application for Permit to Drill

The operator may or may not choose to submit a Notice of Staking; in either case, an Application for Permit to Drill must be submitted prior to drilling. An application for permit to drill consists of two main parts; a 12 point surface plan which describes any surface disturbances and is reviewed by resource specialists for adequacy with regard to lease stipulations designed to mitigate impacts to identified resource conflicts with the specific proposal, and an 8 point subsurface plan which details the drilling program and is reviewed by the staff petroleum engineer and/or geologist. This plan includes provisions for casing, cementing, well control, and other safety requirements. For the application for permit to drill option, the on-site inspection is used to assess possible impacts, and develop stipulations to minimize these impacts. If the Notice of Staking option is not utilized, the 30 day posting period begins with the filing of the application for permit to drill. Private surface owner input is actively solicited during the application for permit to drill stage.

Geothermal Leasing

The Geothermal Steam Act of 1970 (as amended) provides for the issuance of leases for the development and utilization of geothermal steam and associated geothermal resources. Geothermal leasing and operational regulations are contained in Title 43 Code of Federal Regulations, Part 3200. Through the land use planning process the availability of the geothermal resources for leasing is analyzed, taking into consideration development potential and surface and subsurface resources. Restrictions on geothermal operations are identified and placed in the leases as stipulations. Geothermal leases are then issued by the BLM Oregon State Office in Portland.

Geothermal resources within a known geothermal resource area are offered by competitive sale. Outside of known geothermal resource areas, leases can be issued non-competitively (over-the-counter). Prior to a competitive lease sale, or the issuance of a non-competitive lease, each tract will be reviewed, and appropriate lease stipulations will be included. The review will be conducted by consulting the direction given in this resource management plan. The issuance of a lease conveys to the lessee authorization to actively explore and/or develop the lease in accordance with regulations and lease terms and attached stipulations. Subsequent lease operations must be conducted in accordance with the regulations, Geothermal Resources Operational Orders, and any Conditions of Approval developed as a result of site-specific National Environmental Policy Act analysis. In the planning area, restrictions in some areas will include timing limitations, controlled surface use, or no surface occupancy stipulations used at the discretion of the Authorized Officer to protect identified surface resources of special concern.

In addition to restrictions related to the protection of surface resources, the various stipulations and conditions could contain requirements related to protection of subsurface resources. These may involve drainage protection of geothermal zones, protection of aquifers from contamination, or assumption of responsibility for any unplugged wells on the lease.

Development of geothermal resources can be done only on approved leases. Orderly development of a geothermal resource from exploration to production involves several major phases that must be approved separately. Each phase must undergo the appropriate level of National Environmental Policy Act compliance before it is approved and subsequent authorization(s) are issued.

Leasing Notice and Stipulation Summary

On the following pages, the mineral leasing notice and stipulations for the Proposed Resource Management Plan are shown. In addition to the notice and stipulations, the standard leasing terms (Form 3100-11) will be used. The powersite stipulation (Form 3730-1) will be used on lands within powersite reservations.

Stipulations also can include waivers, exceptions, and modifications. Stipulations that involve an issue of major concern can be waived, excepted, or modified only with at least a 30-day public review (43 CFR 3101.1-4). Waiver, exception, and modification are defined as follows:

Waiver - The lifting of a stipulation from a lease which constitutes a permanent revocation of the stipulation from that time forward.
Exception - This is a one time lifting of the stipulation to allow a permitting activity for a specific proposal. This is a case-by-case exemption. The stipulation continues to apply to all other sites within the leasehold to which the restrictive criteria apply.
Modification - This is a either a temporary or permanent change to the provisions of a lease stipulation. A modification may, therefore, include an exemption from or alteration to a stipulated requirement. Depending on the specific modification, the stipulation may or may not apply to all other sites within the leasehold to which the restrictive criteria apply.

Throughout the alternatives, the no surface occupancy stipulation is used rather than not leasing, because leasable minerals, if present, can be produced from most, if not all of each of the parcels that are subject to this stipulation without impacting the value(s) needing protection.

Whenever a special stipulation, such as no surface occupancy, timing, controlled surface use, or special status species is used, the need for the special stipulation is described in the objective that follows the stipulation. By imposing these special stipulations, it has been concluded that less restrictive stipulations would not be adequate to meet the stated objective.

Lease notices are attached to leases in the same manner as stipulations; however, there is an important distinction between lease notices and stipulations. Lease notices do not involve new restrictions or requirements. Any requirements contained in a lease notice must be fully supported by laws, regulations, policies, onshore oil and gas orders, or geothermal resources operational orders.

Leasing Notice and Stipulations for the Proposed Resource Management Plan

Leasing Notice (for all leases)

Cultural Resources: An inventory of the leased lands may be required prior to surface disturbance to determine if cultural resources are present and to identify needed mitigation measures. Prior to undertaking any surface-disturbing activities on the lands covered by this lease, the lessee or operator shall:

Contact the Bureau of Land Management (BLM) to determine if a cultural resource inventory is required. If an inventory is required, then;
The BLM will complete the required inventory; or the lessee or operator, at their option, may engage the services of a cultural resource consultant acceptable to the BLM to conduct a cultural resource inventory of the area of proposed surface disturbance. The operator may elect to inventory an area larger than the standard ten-acre minimum to cover possible site relocation which may result from environmental or other considerations. An acceptable inventory report is to be submitted to the BLM for review and approval no later than that time when an otherwise complete application for approval of drilling or subsequent surface-disturbing operation is submitted.
Implement mitigation measures required by the BLM. Mitigation may include the relocation of proposed lease-related activities or other protective measures such as data recovery and extensive recordation. Where impacts to cultural resources cannot be mitigated to the satisfaction of the BLM, surface occupancy on that area must be prohibited. The lessee or operator shall immediately bring to the attention of the BLM, any cultural resources discovered as a result of approved operations under this lease, and shall not disturb such discoveries until directed to proceed by the BLM.

Authorities: Compliance with Section 106 of the National Historic Preservation Act is required for all actions which may affect cultural properties eligible to the National Register of Historic Places. Also, compliance with the Archaeological Resources Protection Act and the Native American Graves Protection Act is required. Section 6 of the Oil and Gas Lease Terms (Form 3100-11) requires that operations be conducted in a manner that minimizes adverse impacts to cultural and other resources.

Leasing Stipulations

Standard Leasing Terms

Standard leasing terms for oil and gas are listed in Section 6 of Offer to Lease and Lease for Oil and Gas, Form 310011. They are:

Lessee shall conduct operations in a manner that minimizes adverse impacts to the land, air and water, to cultural, biological, visual and other resources, and to other land uses or users. Lessee shall take reasonable measures deemed necessary by lessor to accomplish the intent of this section. To the extent consistent with lease rights granted, such measures may include, but are not limited to, modification to siting or design of facilities, timing of operations, and specification of interim and final reclamation measures. Lessor reserves the right to continue existing uses and to authorize future uses upon or in the leased lands, including the approval of easements or rightsofway. Such uses shall be conditioned so as to prevent unnecessary or unreasonable interference with rights of lessee.

Prior to disturbing the surface of the leased lands, lessee shall contact BLM to be apprised of procedures to be followed and modifications or reclamation measures that may be necessary. Areas to be disturbed may require inventories or special studies to determine the extent of impacts to other resources. Lessee may be required to complete minor inventories or shortterm special studies under guidelines provided by lessor. If in the conduct of operations, threatened or endangered species, objects of historic or scientific interest, or substantial unanticipated environmental effects are observed, lessee shall immediately contact lessor. Lessee shall cease any operations that would result in the destruction of such species or objects until appropriate steps have been taken to protect the site or recover the resources as determined by BLM in consultation with other appropriate agencies.

Standard terms for geothermal leasing can be found on Offer to Lease and Lease for Geothermal Resources (Form 3200-24), Section 6, and are very similar to those described above for oil and gas leasing.

Powersite Stipulation (Form No. 3730-1) (to be used on all lands
within powersite reservations.)

Special Leasing Stipulations

The following special stipulations are to be utilized on specifically designated tracts of land as described below:

Special Status Species (to be attached to all leases)

Resources: Botany and Wildlife

Stipulation: Lands within this lease may be within the suitable habitat of the Federal Threatened, Endangered or Proposed Threatened and Proposed Endangered species, either officially listed or proposed for listing as Threatened or Endangered species. These species are listed on Tables 3-22 and 3-23. If it is determined through an environmental review process that these species or their habitat exist within this lease, all future operations will be analyzed and subjected to a U.S. Fish and Wildlife Service or National Marine Fisheries Service Section 7 consultation or conference to ensure the action is not likely to jeopardize the continued existence of the species or result in the destruction or adverse modification of critical habitat.

Lands within this lease may bear some or all of the species listed on Tables 3-22 and 3-23 which have protected status as State Threatened; State Endangered; Federal Candidate; Bureau Sensitive or are within the suitable habitat of these species. These species are protected by BLM policy as described in Manual 6840. All future post-lease operations must be analyzed, utilizing recent field data collected at the proper time of year, to identify the presence of such species. If the field examination indicates that the proposed activity may adversely impact Federal candidate species, technical assistance will be obtained from the Fish and Wildlife Service to insure that the actions will not contribute to the need to list a Federal Candidate as a Federal Threatened or Endangered species. Technical assistance may be obtained from the Fish and Wildlife Service or the National Marine Fisheries Service to ensure that actions will not contribute to the need to list a State threatened, State endangered, or Bureau Sensitive species as a Federal Threatened or Endangered species.

Therefore, prior to any surface disturbing activities or even the use of vehicles off existing roads on this lease, BLM approval is required. This restriction also applies to geophysical activities for which a permit is required. The approval is contingent upon the results of site-specific inventories for any of the above mentioned species. The timing of these inventories is critical. They must be conducted at a time of year appropriate to determine the presence of the species or its habitat. The lessee is hereby notified that the process may take longer than the normal 30 days and that surface activity approvals may be delayed.

If no Federal threatened, Federal endangered, Proposed threatened, or Proposed endangered species, or suitable habitat for such species, are found during the inventories, then no formal Section 7 consultation with the Fish and Wildlife Service or the National Marine Fisheries Service will be necessary, and the action will be processed using the procedures found in the applicable Oil and Gas Onshore Orders or Geothermal Resources Operational Orders. However, the lessee is hereby notified that, if any Federal threatened, Federal endangered, Proposed threatened, Proposed endangered, State threatened, State endangered, Federal candidate, or Bureau sensitive species are found during the inventories, or if the actions are proposed in designated or proposed critical habitat, then surface disturbing activities may be prohibited on portions of, or even all of the lease, unless an alternative is available that meets all of the following criteria: (a) The proposed action is not likely to jeopardize the continued existence of a threatened or endangered species; (b) The proposed action is not likely to destroy or adversely modify critical habitat for a threatened or endangered species; (c) The proposed action is consistent with the recovery needs in approved Fish and Wildlife Service or National Marine Fisheries Service recovery plans or BLM Habitat Management Plans for the threatened or endangered species; and (d) The proposed action will not contribute to the need to list species as Federal Threatened or Endangered.

Objective: To protect officially listed or proposed threatened or endangered plant or wildlife species; and to ensure that post leasing oil and gas or geothermal operations will not likely contribute to the need to list other special status species as threatened or endangered.

Exception: An exception may be granted by the Authorized Officer if it is determined that portions of the area do not have any officially listed or proposed threatened or endangered species, Federal Candidate, State Threatened or Endangered species, or Bureau Sensitive species, or their habitat.

Waiver: This stipulation may be waived if the species is declared recovered and is no longer protected under the Endangered Species Act, or if other species found within the lease are no longer considered to be in the Federal Candidate, State Threatened or Endangered, or Bureau Sensitive categories.

No Surface Occupancy

A 30-day public notice period will be required prior to modification or waiver of this stipulation.

Resource: Riparian Reserves

Stipulation: Surface occupancy and use are prohibited within Riparian Reserves.

Objective: To meet the objectives of the Aquatic Conservation Strategy in order to protect the health of aquatic systems and their dependent species, including upland species that benefit from these areas.

Exception: An exception to this stipulation may be granted by the authorized officer if the operator submits a plan that demonstrates impacts from the proposed action are acceptable or can be mitigated so that the objectives of the Aquatic Conservation Strategy can be met.

Modification: The boundaries of the stipulated area may be modified if the Riparian Reserve boundaries are modified.

Waiver: This stipulation may be waived if it is determined that the leasehold no longer contains land that meets Riparian Reserve criteria.

No Surface Occupancy

Resource: Bly Sanitary Landfill

Stipulation: Surface occupancy and use is prohibited on the Bly Sanitary Landfill Recreation and Public Purposes Act lease.

Objective: To protect uses on the existing Recreation and Public Purposes Act lease.

Exception: An exception to this 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 mitigated adequately.

Modification: The area affected by this stipulation may be modified by the Authorized Officer if the land use authorization boundaries are modified.

Waiver: This stipulation may be waived by the Authorized Officer if all land use authorizations within the leasehold have been terminated, canceled, or relinquished.

No Surface Occupancy

A 30-day public notice period may be required prior to exception, modification, or waiver of this stipulation.

Resource: Recreation Sites (Gerber, Topsy, Surveyor Mountain, Klamath River rafting put-in)

Stipulation: Surface occupancy and use is prohibited within developed recreation sites.

Objective: To protect developed recreation sites.

Modification: The boundaries of the stipulated area may be modified by the Authorized Officer if the recreation site boundaries are changed.

Waiver: This stipulation may be waived if the Authorized Officer determines that the entire leasehold no longer contains developed recreation areas.

No Surface Occupancy

Resource: Progeny test sites (Cold-Johnson, Long Point, Buck Swamp, Gerber Road, and North Willow Spring)

Stipulation: Surface occupancy and use is prohibited within progeny test sites.

Objective: To protect progeny test sites.

Exception: An exception to this stipulation may be granted by the Authorized Officer if the operator submits a plan demonstrating that the impacts from the proposed action are acceptable or can be mitigated adequately.

Modification: The boundaries of the stipulated area may be modified by the Authorized Officer if the progeny test site boundaries are changed.

Waiver: This stipulation may be waived if the Authorized Officer determines that the entire leasehold no longer contains progeny test sites.

No Surface Occupancy

Resource: Native American Religious Sites

Stipulation: Surface occupancy and use is prohibited within the Yainax Butte and Olene Native American religious sites.

Objective: To protect important Native American religious sites.

Exception: An exception to this stipulation may be granted by the authorized officer if, after consultation with the appropriate tribe(s), it has been determined that the proposed action is compatible with the religious use of the site.

Modification: The boundaries of the stipulated area may be modified by the authorized officer if the religious site boundaries are changed by the appropriate tribe(s).

Waiver: This stipulation may be waived if the religious sites are abandoned and if, after consultation with the appropriate tribe(s), it is determined that impacts from subsequent surface occupancy are acceptable or can be mitigated adequately.

No Surface Occupancy

A 30-day public notice period will be required prior to exception, modification, or waiver of this stipulation.

Resource: Pacific Crest National Scenic Trail Special Recreation Management Area

Stipulation: Surface occupancy and use is prohibited within 50 feet of the Pacific Crest National Scenic Trail.

Objective: To protect recreational qualities, including scenery, and enhance recreational opportunities.

Exception: An exception to this stipulation may be granted by the authorized officer if the operator submits a plan which demonstrates that impacts from the proposed action are acceptable or can be mitigated adequately.

Modification: The area affected by this stipulation may be modified by the authorized officer if it is determined that portions of the area no longer are suitable for inclusion in the special recreational management area.

Waiver: This stipulation may be waived by the authorized officer if it is determined that the leased lands no longer qualify for special recreation management area designation.

No Surface Occupancy

A 30-day public notice period will be required prior to exception, modification, or waiver of this stipulation.

Resource: Upper Klamath River Area of Critical Environmental Concern

Stipulation: Surface occupancy and use is prohibited within the Upper Klamath River Area of Critical Environmental Concern.

Objective: To protect historic, cultural, scenic, fisheries, and wildlife resources.

Exception: An exception to this 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 mitigated adequately.

Modification: The boundaries of the stipulated area may be modified if the area of critical environmental concern boundaries are modified.

Waiver: This stipulation may be waived if the area of critical environmental concern designation is lifted.

No Surface Occupancy

A 30-day public notice period will be required prior to exception, modification, or waiver of this stipulation.

Resource: Miller Creek Area of Critical Environmental Concern

Stipulation: Surface occupancy and use is prohibited within the Miller Creek Area of Critical Environmental Concern.

Objective: To protect scenic and wildlife resources and natural processes.

Modification: The boundaries of the stipulated area may be modified if the area of critical environmental concern boundaries are modified.

Waiver: This stipulation may be waived if the area of critical environmental concern designation is lifted.

No Surface Occupancy

A 30-day public notice period will be required prior to exception, modification, or waiver of this stipulation.

Resource: Yainax Butte Area of Critical Environmental Concern

Stipulation: Surface occupancy and use is prohibited within the Yainax Butte Area of Critical Environmental Concern.

Objective: To protect natural systems.

Modification: The boundaries of the stipulated area may be modified if the area of critical environmental concern boundaries are modified.

Waiver: This stipulation may be waived if the area of critical environmental concern designation is lifted.

No Surface Occupancy

Resource: Spencer Creek Off-Highway Vehicle Closure (This area is within a Riparian Reserve)

Stipulation: Access, travel, and drill site construction will be limited to established roads.

Objective: To protect important scenic, fisheries, and riparian resources.

Modification: The boundaries of the stipulated area may be modified if the authorized officer determines that portions of the area can be occupied without adversely affecting the resource values.

Waiver: None

No Surface Occupancy

A 30-day public notice period will be required prior to exception, modification, or waiver of this stipulation.

Resource: Clover Creek Forest Educational Special Management Area

Stipulation: Surface occupancy and use is prohibited within the Clover Creek Forest Educational Special Management Area.

Objective: To protect an educationally-important natural forest stand.

Modification: This stipulation may be modified if the boundaries of the educational area change, or portions of the educational area can be used without adverse, unmitigable impacts.

Waiver: This stipulation may be waived if it is determined that the leasehold no longer contains important forest-related educational opportunities.

No Surface Occupancy

Resource: Surveyor Forest Special Management Area (This area is within a Late-Successional/District Designated Reserve)

Stipulation: Surface occupancy and use is prohibited within the Surveyor Forest Special Management Area.

Objective: To protect natural processes, scenic and wildlife resources, and educational opportunities.

Modification: This stipulation may be modified if the boundaries of the special management area change, or portions of the area can be used without adverse, unmitigable impacts.

Waiver: This stipulation may be waived if it is determined that the leasehold no longer contains land that meets special management area criteria.

No Surface Occupancy

Resource: Bumpheads Special Management Area

Stipulation: Surface occupancy and use is prohibited within the Bumpheads Special Management Area.

Objective: To protect geologic and scenic values, and natural systems.

Modification: This stipulation may be modified if the boundaries of the special management area change, or portions of the area can be used without adverse, unmitigable impacts.

Waiver: This stipulation may be waived if it is determined that the leasehold no longer contains land that meets special management area criteria.

No Surface Occupancy

A 30-day public notice period will be required prior to exception, modification, or waiver of this stipulation.

Resource: Old Baldy Research Natural Area

Stipulation: Surface occupancy and use is prohibited within the Old Baldy Research Natural Area.

Objective: To protect scenic resources and natural processes.

Modification: This stipulation may be modified if the boundaries of the research natural area change, or portions of the area can be used without adverse, unmitigable impacts.

Waiver: This stipulation may be waived if it is determined that the leasehold no longer contains land that meets research natural area criteria.

No Surface Occupancy

Resource: Alkali Lake Special Management Area (This area is within a Riparian Reserve)

Stipulation: Surface occupancy and use is prohibited within the Alkali Lake Special Management Area.

Objective: To protect wetlands and wildlife habitat.

Modification: This stipulation may be modified if the authorized officers determines that climatic, soil, and moisture conditions are such that seasonal occupancy may be permitted.

Waiver: This stipulation may be waived if it is determined that the leasehold no longer contains wetland values.

No Surface Occupancy

A 30-day public notice period will be required prior to exception, modification, or waiver of this stipulation.

Resource: Tunnel Creek Wetlands Special Management Area (This area is within a Riparian Reserve and/or Late-Successional/District Designated Reserve)

Stipulation: Surface occupancy and use is prohibited within the Tunnel Creek Wetlands Special Management Area.

Objective: To protect natural processes and riparian and wildlife resources.

Modification: This stipulation may be modified if the authorized officers determines that climatic, soil, and moisture conditions are such that seasonal occupancy may be permitted.

Waiver: This stipulation may be waived if it is determined that the leasehold no longer contains wetland values.

No Surface Occupancy

A 30-day public notice period will be required prior to exception, modification, or waiver of this stipulation.

Resource: Late-Successional/District Designated Reserves

Stipulation: No surface occupancy will be allowed within Late-Successional/District Designated Reserves.

Objective: To retain and/or restore old growth forest and habitat diversity.

Modification: The area affected by this stipulation may be modified by the authorized officer if it is determined that portions of the area do not include Late-Successional/District Designated Reserves.

Waiver: This stipulation may be waived by the authorized officer if it is determined that the entire leasehold no longer includes Late-Successional/District Designated Reserves.

Timing Limitation

Resource: Wildlife - Bald and Golden Eagle Nest Sites and Nesting Habitat

Stipulation: Surface occupancy and use is prohibited from January 1 to August 15, within mile of known bald and golden eagle nest sites and nesting habitat.

Objective: To protect bald and golden eagle nesting sites and/or nesting habitat.

Exception: 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 bald/golden eagle or its habitat. 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 mitigated adequately. This plan must be approved by BLM in consultation with the US Fish and Wildlife Service.

Modification: The boundaries of the stipulated area may be modified if the Authorized Officer, in consultation with US Fish & Wildlife Service, determines that portion of the area can be occupied without adversely affecting bald/golden eagle nest sites or nesting habitat.

Waiver: This stipulation may be waived if the Authorized Officer, in consultation with US Fish & Wildlife Service, determines that the entire leasehold can be occupied without adversely affecting bald/golden eagle nest sites or nesting habitat, or if the bald eagle is declared recovered and is no longer protected.

Timing Limitation

Consultation with the Oregon Department of Fish and Wildlife will be required prior to exception, modification, or waiver of this stipulation.

Resource: Wildlife, Critical Deer/Elk Winter Range

Stipulation: Surface use is prohibited from November 20 to April 1 within critical deer/elk winter range. This stipulation does not apply to the operation or maintenance of production facilities.

Objective: To protect critical deer/elk winter range from disturbance during the winter use season, and to facilitate long-term maintenance of deer/elk populations.

Modification: The boundaries of the stipulated area may be modified if the authorized officer determines that portions of the area no longer contain critical winter range. This stipulation can be expanded to cover additional portions of the lease if additional critical habitat areas are identified, or if habitat use areas change. The dates for the timing restriction may be modified if new wildlife use information indicates that the November 20 to April 15 dates are not valid for the leasehold.

Waiver: This stipulation may be waived if the authorized officer determines that the entire leasehold no longer contains critical winter range for deer/elk.

Timing Limitation

Consultation with the Oregon Department of Fish and Wildlife will be required prior to exception, modification or waiver of this stipulation.

Resource: Wildlife - Osprey Nest Sites

Stipulation: Surface occupancy and use is prohibited from May 1 to August 1, within mile of known osprey nest sites.

Objective: To protect osprey nest sites.

Exception: 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 osprey or its nest site.

Modification: The boundaries of the stipulated area may be modified if the Authorized Officer determines that a portion of the area can be occupied without adversely affecting the osprey or its nest site.

Waiver: This stipulation may be waived if the Authorized Officer determines that there is no longer osprey nesting habitat on the leasehold.

Timing Limitation

Resource: Wetlands (See table 3-19 in Chapter 3 for legal descriptions)

Stipulation: Surface occupancy and use is prohibited from November 1 to July 15, on wetlands.

Objective: To protect wetland vegetation and wildlife habitat

Modification: This stipulation may be modified if the authorized officers determines, on a wetland by wetland basis, that a shorter time limitation will adequately protect the wetland values.

Waiver: This stipulation may be waived if it is determined that the leasehold no longer contains wetland values.

Timing Limitation

Consultation with the Oregon Department of Fish and Wildlife will be required prior to exception, modification, or waiver of this stipulation.

Resource: Wildlife - Western Sage Grouse lek sites

Stipulation: Surface occupancy and use is prohibited from March 1 to May 1 within mile of known western sage grouse lek sites.

Objective: To protect lek sites.

Exception: 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 sage grouse or its lek site.

Modification: The boundaries of the stipulated area may be modified if the authorized officer determines that a portion of the area can be occupied without adversely affecting the sage grouse or its lek site.

Waiver: This stipulation may be waived if the authorized officer determines that there is no longer a lek site on the leasehold.

Controlled Surface Use

Resource: Soils, Water

Stipulation: Prior to disturbance of slopes over 60 percent, an engineering/reclamation plan must be approved by the authorized officer. Such plan must demonstrate how the following will be accomplished:

Site productivity will be restored.
Surface runoff will be adequately controlled.
Off-site areas will be protected from accelerated erosion, such as rilling, gullying, piping, and mass wasting.
Water quality and quantity will be in conformance with state and federal water quality laws.
Surface-disturbing activities will not be conducted during extended wet periods.
Construction will not be allowed when soils are frozen.

Objective: To maintain soil productivity, provide necessary protection to prevent excessive soil erosion on steep slopes, and to avoid areas having excessive reclamation problems.

Exception: An exception to this stipulation may be granted by the Authorized Officer if the operator submits a plan which demonstrates that the impacts from the proposed action are acceptable or can be mitigated adequately.

Modification: The area affected by this stipulation may be modified by the authorized officer if it is determined that slopes over 60 percent in the area are not subject to excessive erosion and do not have excessive reclamation problems.

Waiver: This stipulation may be waived by the Authorized Officer if it is determined that the entire leasehold does not include slopes over 60 percent.

Controlled Surface Use

Resource: Visual Resource Management Class II.

Stipulation: All surface-disturbing activities, semipermanent and permanent facilities in Visual Resource Management Class II areas may require special design including location, painting and camouflage to blend with the natural surroundings and meet the visual quality objectives for the area.

Objective: To control the visual impacts of activities and facilities within acceptable levels.

Exception: None.

Modification: None.

Waiver: This stipulation may be waived if the Authorized Officer determines that there are no longer Visual Resource Management Class II areas in the leasehold.

Controlled Surface Use

A 30-day public notice period will be required prior to exception, modification, or waiver of this stipulation.

Resource: Klamath River Complex Special Recreation Management Area

Stipulation: Drill site construction and access within the Klamath River Complex Special Recreation Management Area will be limited to established roadways.

Objective: To protect recreational qualities and enhance recreational opportunities.

Waiver: This stipulation may be waived by the authorized officer if it is determined that the leased lands no longer qualify for special recreation management area designation.

Controlled Surface Use

Resource: Lower Klamath Hills Wildlife Area

Stipulation: Access, travel, and drill site construction will be limited to established roads.

Objective: To protect important wildlife habitat.

Modification: The boundaries of the stipulated area may be modified if the authorized officer determines that portions of the area can be occupied without adversely affecting the wildlife habitat.

Waiver: This stipulation may be waived if the area no longer considered to contain important wildlife habitat.

Controlled Surface Use

A 30-day public notice period will be required prior to exception, modification, or waiver of this stipulation.

Resource: Upper Klamath River - Segment 2 - Suitable Scenic River

Stipulation: Exploration activities, including drilling and access, within mile of the normal high water mark on each side of the river, or from rim to rim, whichever is greater, will be limited to established roadways.

Objective: To minimize surface disturbance, water sedimentation and pollution, and visual impairment.

Modification: The area affected by this stipulation may be modified by the authorized officer if it is determined that portions of the area no longer are suitable for designation as scenic.

Waiver: This stipulation may be waived by the authorized officer if it is determined that the leased lands no longer contain a river designated as scenic.

Controlled Surface Use

Consultation with the Oregon Department of Fish and Wildlife will be required prior to exception, modification, or waiver of this stipulation.

Resource: Critical deer/elk winter range

Stipulation: New connecting or through roads in critical deer/elk winter range will not be allowed.

Objective: To protect critical deer/elk winter habitat

Modification: A portion or portions of the leased lands can be opened to connecting or through roads if the authorized officer determines the area is no longer effective as habitat and is not used as winter range. This stipulation can be expanded to cover additional portions of the lease if additional critical habitat areas are identified, or if habitat use areas change.

Waiver: This stipulation can be waived if the habitat is no longer effective and is not used as winter habitat anywhere within the leasehold.

Controlled Surface Use

Resource: Stukel Mountain Special Recreation Management Area

Stipulation: Drill site construction and access within the Stukel Mountain Special Recreation Management Area will be limited to established roadways.

Objective: To protect recreational qualities and enhance recreational opportunities.

Waiver: This stipulation may be waived by the authorized officer if it is determined that the leased lands no longer qualify for special recreation management area designation.

Controlled Surface Use

Resource: Swan Lake Rim Area-Roads

Stipulation: Access, travel, and drill site construction will be limited to established roads in the Swan Lake Rim Area.

Objective: To protect important scenic and wildlife resources, and to enhance recreational opportunities.

Modification: The boundaries of the stipulated area may be modified if the authorized officer determines that portions of the area can be occupied without adversely affecting the resource values.

Waiver: This stipulation may be waived if the off-road vehicle restriction is no longer needed.

Controlled Surface Use

A 30-day public notice period will be required prior to exception, modification, or waiver of this stipulation.

Resource: Late-Successional/District Designated Reserve Buffers

Stipulation: Drill site construction and access in Late-Successional/District Designated Reserve Buffers within this leasehold will be limited to established roadways.

Objective: To maintain old growth habitat features in areas subject to planned timber harvest.

Waiver: This stipulation may be waived by the authorized officer if it is determined that the entire leasehold no longer includes Late-Successional/District Designated Reserve Buffers.

Locatable Minerals Surface Management in the Lakeview District

The following operational guidelines for mining activities have been compiled to assist the miner in complying with the 43 Code of Federal Regulations 3809, which apply to all mining operations on BLM administered lands. The manner in which the necessary work is to be done will be site specific and all of the following standards may not apply to each mining operation. It is the mining claimant's and operator's responsibility to avoid "unnecessary or undue degradation" and they must perform all necessary reclamation work. Refer to 43 Code of Federal Regulations 3809 for general requirements. The BLM will provide site specific guidelines for some mining proposals.

Construction and Mining

Vegetation Removal

Remove only that vegetation which is in the way of mining activities. On Oregon and California land merchantable timber must be marked by BLM prior to cutting, and may not be used for firewood. The same requirement is recommended for public land. It is recommended that small trees (less than 6 inches diameter at breast height) and shrubs are to be lopped and scattered, or shredded for use as mulch. Trees over 12 inches diameter at breast height should be bucked and stacked in an accessible location unless they are needed for the mining operation.

Firewood

Firewood may not be cut and sold, or used off of the mining claims.

Topsoil

All excavations should have all productive topsoil (usually the top 12 to 18 inches) first stripped, stockpiled and protected from erosion for use in future reclamation. This also includes removal of topsoil before the establishment of mining waste dumps and tailings ponds if the waste material will be left in place during reclamation.

Roads

Existing roads and trails should be used as much as possible. Temporary roads are to be constructed to a minimum width and with minimum cuts and fills. All roads shall be constructed so as not to negatively impact slope stability.

Water Quality

When mining will be in or near bodies of water, or sediment will be discharged, contact the Department of Environmental Quality. It is the operator's responsibility to obtain any needed suction dredging, stream bed alteration, or water discharge permits required by the Department of Environmental Quality or other state agencies. Copies of such permits shall be provided to the Area Manager if a Notice or Plan of Operations is filed.

Claim Monuments

Due to the history of small wildlife deaths, plastic pipe is no longer allowed for lode claim staking pursuant to state law. It is recommended that existing plastic pipe monuments have all openings permanently closed. Upon loss or abandonment of the claim, all plastic pipe must be removed from the public lands, and when old markers are replaced during normal claim maintenance, they are to be either wood posts or stone or earth mounds, consistent with state law.

Drill Sites

Exploratory drill sites should be located next to or on existing roads when possible without blocking public access. When drill sites must be constructed, the size of the disturbance shall be as small as possible in order to conduct drilling operations.

Dust and Erosion Control

While in operation, and during periods of temporary shut-down, exposed ground surfaces susceptible to erosion will need to be protected. This can be accomplished with seeding, mulching, installation of water diversions, and routine watering of dust producing surfaces.

Fire Safety

All State fire regulations must be followed, including obtaining a campfire permit or blasting permit if needed. All internal combustion engines must be equipped with approved spark arresters.

Safety and Public Exclusion

The general public may not be excluded from the mining claim. In the interest of safety, the general public can be restricted only from specific dangerous areas (underground mines, open pits or heavy equipment) by erecting fences, gates and warning signs. It is the operator's responsibility to protect the public from mining hazards. Gates or road blocks may be installed on existing or proposed roads only with the approval of the Area Manager.

Occupancy

All structures/trailers on mining claims must be used for mining purposes (must be reasonably incident to mining) and should be covered by a notice or plan of operation. Use of such a structure for residential purposes not related to mining or for recreation is not authorized.

Suction Dredging

Filing either Notice or Plan of Operations is required for any suction dredge operation where the dredge is equipped with a suction intake hose diameter of greater than four inches, and for all suction dredge operations involving more than one dredge regardless of size. The operator must have the applicable Department of Environmental Quality suction dredge permit prior to starting work, and a copy should be submitted to the Area Manager.

Tailings Ponds

Settling ponds must be used to contain fines and any discharge into creeks must meet the Department of Environmental Quality standards.

Trash & Garbage

Trash, garbage, used oil, etc. must be removed from public land and disposed of properly. Do not bury any trash, garbage or hazardous wastes on public lands. Accumulations of trash, debris, or inoperable equipment on public lands is viewed as unnecessary degradation and will not be tolerated.

Cultural and Paleontological Resources

Operators shall not knowingly alter, injure, or destroy any scientifically important paleontological (fossil) remains or any historical or archaeological site, structure, or object on federal lands. The operator shall immediately bring to the attention of the Area Manager, any paleontological (fossil) remains or any historical or archaeological site, structure, or object that might be altered or destroyed by exploration or mining operations, and shall leave such discovery intact until told to proceed by the Area Manager. The Area Manager shall evaluate the discovery, take action to protect or remove the resource, and allow operations to proceed within 10 working days.

Threatened and Endangered Species of Plants/Animals

Operators shall take such action as may be needed to prevent adverse impacts to threatened or endangered species of plants and animals and their habitat which may be affected by operations. Special status species (federal candidate/Bureau sensitive) of plants and animals, and their habitat, will be identified by the Area Manager, and shall be avoided wherever possible.

Reclamation

Reclamation of all disturbed areas must be performed concurrently with mining , or as soon as possible after mining permanently ceases. Reclamation shall include, but shall not be limited to: 1) saving of topsoil for final application after reshaping of disturbed areas has been completed; 2) measures to control erosion, landslides, and water runoff; 3) measures to isolate, remove, or control toxic materials; 4) reshaping the area disturbed, application of topsoil, and revegetation of disturbed areas, where reasonably practicable; and 5) rehabilitation of fisheries and wildlife habitat. When reclamation of the disturbed area has been completed, except to the extent necessary to preserve evidence of mineralization, the Area Manager must be notified so that inspection of the area can be made.

Equipment and Debris

All mining equipment, vehicles, structures, debris and trash must be removed from the public lands during periods of non-operation and/or at the conclusion of mining, unless authorization from the Area Manager is given to the operator or claimant in writing.

Backfilling & Recontouring

The first steps in reclaiming a disturbed site are backfilling excavations and reducing high walls. Coarse rock material should be replaced first, followed by medium sized material, with fine materials to be placed on top. Recontouring means shaping the disturbed area so that it will blend in with the surrounding lands and minimize the possibility of erosion.

Seedbed Preparation

Recontouring should include preparation of an adequate seedbed. This is accomplished by ripping or disking compacted soils to a depth of at least six inches in rocky areas and at least twelve inches in less rocky areas. This should be done following the contour of the land to limit erosion. All stockpiled settling pond fines, and then topsoil, are spread evenly over the disturbed areas.

Fertilizer

The Area Manager must be contacted to determine if fertilization will be necessary, and if so, the type and rate of application.

Revegetation

An Area Manager-approved revegetation prescription must be used to provide adequate revegetation for erosion control, wildlife habitat, and productive secondary uses of public lands.

Mulch

As directed by the Area Manager, during review of the Notice or Plan of Operations, the disturbed area may require mulching during interim or final reclamation procedures. Depending on site conditions, the mulch may need to be punched, netted, or blown on with a tackifier to hold it in place. In some cases, erosion control blankets may be cost effective for use.

Roads

After mining is completed, all new roads shall be reclaimed, unless otherwise specified by the Area Manager. High wall and cutbanks are to be knocked down or backfilled to blend with the surrounding landscape. Remove all culverts from drainage crossings and cut back the fill to the original channel. The roadbed should be ripped to a minimum depth of twelve inches to reduce compaction and provide a good seedbed. The road must then be fertilized and seeded if necessary. When necessary, waterbars are to be used to block access and provide drainage.

Tailings Ponds

The ponds should be allowed to dry out and the fines removed and spread with the topsoil, unless the fines contain toxic materials. If the ponds contain toxic materials, a plan will be developed to identify, dispose, and mitigate effects of the toxic materials. If necessary, a monitoring plan will also be implemented. The ponds should then be backfilled and reclaimed.

Guidelines for Development of Salable Mineral Resources in the Lakeview District

Proposed Operations

All proposed pits and quarries, and any exploration that involves surface disturbance, are required to have operating and reclamation plans that must be approved by the Area Manager. All proposals will undergo the appropriate level of review and compliance with the National Environmental Policy Act.

Operating Procedures

Where practicable, the following requirements should be made a part of every contract or permit providing for the use of mineral material sites on the district:

Oversized boulders shall not be wasted but shall be broken and utilized concurrently with the excavated material.
The operator shall comply with local and state safety codes covering quarry operations, warning signs and traffic control. All necessary permits must be obtained from state and county agencies.
Use of the site for equipment storage and stockpiling rock material is allowed for the duration of the contract or permit. Use of the site beyond that time would be authorized under a special use permit.
All topsoil shall be stockpiled or windrowed, as appropriate, for use in reclamation.
Prior to abandonment, all material sites will be graded to conform with the surrounding topography. Oversize material that is not usable, and reject, will be placed in the bottom of the pit, graded, and the pit floor and cutslopes covered with topsoil. Reseeding, if necessary, will be done as prescribed by the Area Manager. Access roads no longer needed by the BLM will be abandoned and reclaimed as directed by the Area Manager.

Quarry Design

Where in steep terrain in the operating area, quarry developments will require a series of benches to effectively maximize the amount of mineral materials to be removed in a safe manner. In most cases, bench height should not exceed forty feet, and if the bench will be used by bulldozers to access other parts of the quarry, the width of the bench should be at least twenty-five feet. If the bench is not used by equipment, then this width can be reduced to approximately ten feet.

Clearing of timber and brush should be planned at least ten feet beyond the edge of the excavation limit. Most often the brush will be piled and burned at the site, or scattered nearby.

If at all possible, all topsoil and overburden should be stockpiled and saved for eventual quarry site reclamation. These piles may need to be stabilized by seeding in order to minimize erosion during the winter months.

As a standard procedure, the excavation of the quarry floor should be designed with an outslope of approximately three percent in order to provide for adequate drainage of the floor. Compliance with this design should be made a requirement of all operators at the site.

Appendix G

Proposed Restrictions on Mineral and Energy Exploration and Development Activity

Introduction

Leasable Mineral Resources

Oil and Gas Leasing

Oil and Gas Operations

Geophysical Exploration

Drilling Permit Process

Notice of Staking

Application for Permit to Drill

Geothermal Leasing

Leasing Notice and Stipulation Summary

Leasing Notice and Stipulations for the Proposed Resource Management Plan

Leasing Notice (for all leases)

Leasing Stipulations

Standard Leasing Terms

Powersite Stipulation (Form No. 3730-1) (to be used on all lands within powersite reservations.)

Locatable Minerals Surface Management in the Lakeview District

Construction and Mining

Reclamation

Guidelines for Development of Salable Mineral Resources in the Lakeview District

Proposed Operations

Operating Procedures

Proposed Restrictions on Mineral
and Energy Exploration
and Development Activity

Powersite Stipulation (Form No. 3730-1) (to be used on all lands
within powersite reservations.)