Instructions for Implementing the Final Programmatic Environmental Impact Statement Using Aminopyralid, Fluroxypyr, and Rimsulfuron on the BLMs Land in 17 Western States
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
WASHINGTON, D.C. 20240
May 5, 2017
In Reply Refer To:
1793 (220) P
EMS TRANSMISSION 05/31/2017
Instruction Memorandum No. 2017-078
Expires: 09/30/2019
To: All State Directors (except ESO) and Center Directors
From: Assistant Director, Resources and Planning
Subject: Instructions for Implementing the Final Programmatic Environmental Impact Statement Using Aminopyralid, Fluroxypyr, and Rimsulfuron on the Bureau of Land Management Lands in 17 Western States
Program Areas: Vegetation Treatments, Fire and Fuels Reduction, Emergency Stabilization and Restoration, Threatened and Endangered Species, Wildlife Habitat and Noxious Weeds/Invasive Species.
Purpose: The purpose of this Instruction Memorandum (IM) is to provide guidance to the Bureau of Land Management field, district, and state offices on implementing the Record of Decision (2016 ROD) for the Final Programmatic Environmental Impact Statement (2016 PEIS) National Vegetation Treatments Using Aminopyralid, Fluroxypyr, and Rimsulfuron on BLM Lands administered by 11 BLM state offices: Alaska, Arizona, California, Colorado (Nebraska), Idaho, Montana (North Dakota/South Dakota), New Mexico (Oklahoma/Texas), Nevada, Oregon/Washington, Utah and Wyoming.
Policy/Action: The 2016 ROD outlines the approval for the use of three additional EPA registered herbicide active ingredients on all 17 States assessed in the 2016 PEIS: aminopyralid, fluroxypyr, and rimsulfuron. This increases the number of active ingredients approved for use on BLM public lands from 18 to 21. The complete listing of herbicide formulations and adjuvants approved for use on BLM administered lands is attached (Attachment 1 - Listing of Approved Herbicide Formulations and Attachment 2 - Listing of Approved Adjuvants).
The BLM completed the Human Health and Environmental Risk Assessments following the protocol found in Appendix A of the 2007 Vegetation Treatments Using Herbicides on BLM Lands in 17 Western States ROD (2007 ROD). The protocol ensures that the risk analyses represented the best possible “state of the science” within the regulatory agencies of the Environmental Protection Agency (EPA), U.S. Fish &Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS). The evaluation criteria are outlined in more detail in Appendix A of the 2007 ROD. https://eplanning.blm.gov/epl-front-office/projects/nepa/70300/95865/115876/AppendixA-HerbicideUseProtocol.pdf
Two of the existing 18 active ingredients, approved in the 2007 ROD, received updated ecological and human health risk assessments (March 2014). There are no new findings to indicate a need to change any decisions made in the 2007 ROD. Therefore, they are not included in the 2016 ROD.
The new risk assessment documents, for 2,4-D and clopyralid, provide updated information to be used in conjunction with step-down or site-specific National Environmental Policy Act (NEPA) analysis when including these two active ingredients in vegetation management plans. The Human Health Risk Assessment for 2,4-D and clopyralid is incorporated into the 2016 PEIS Human Health Risk Assessment. https://eplanning.blm.gov/epl-front-office/projects/nepa/70301/92814/111819/Human_Health_Risk_Assessment.pdf
The Ecological Risk Assessment documents can be found on the BLM Web Site under the Weeds and Invasives Heading at https://www.blm.gov/programs/natural-resources/weeds-and-invasives/risk-assessments.
The 2016 ROD identifies standard operating procedures (SOPs) that must be used with all applications of herbicides used on the public lands. The SOPs are the management controls and performance standards intended to protect and enhance natural resources that could be affected by vegetation treatments and to ensure that the risks to human health and the environment from herbicide treatment actions are kept to a minimum. The BLM will follow the SOPs found in Table A-2 of the 2016 ROD.
In addition to using the SOPs, the BLM must implement any additional measures from site-specific assessments to mitigate potential adverse environmental effects of using herbicides. The adoption of SOPs and mitigation measures (Table A-3, 2016 ROD) ensures that the BLM is taking all practicable means to avoid or minimize environmental harm. To prevent the spread of noxious weeds and invasive plants, the BLM will also follow prevention measures to minimize the amount of existing, non-target vegetation that is disturbed during project planning. Table 2-7, on page 2-24, of the 2007 Vegetation Treatments Using Herbicides on Bureau of Land Management Lands in 17 Western States Programmatic Environmental Impact Statement (2007 PEIS) discusses the steps that the BLM takes to prevent the establishment and spread of invasive plants and is incorporated by reference in the 2016 PEIS. Appendix A of the 2016 ROD provides general examples of prevention efforts which include vehicle washing, animal grooming and quarantine, use of weed-free hay, mulch, and public and user education programs to be used during the planning and development of projects with the potential to spread invasive plants. Table 2-7 identifies steps to minimize these risks (Appendix A 2016 ROD).
The 2016 PEIS tiers to the 2007 PEIS and the Vegetation Treatments on Bureau of Land Management Lands in 17 Western States Programmatic Environmental Report (PER). The PER includes an updated analysis per the National Environmental Policy Act (NEPA). The PER is a compliance document on the effects of using herbicides for treating vegetation on public lands in the western U.S., including Alaska. The PER is an environmental report not a NEPA analysis document, but it supports the NEPA analysis presented in the 2007 PEIS, especially in terms of assessing cumulative impacts. The information contained in the PER can be incorporated by reference into subsequent or step-down NEPA analyses.
Land Use Planning Consistency Reviews
The 2016 PEIS provides a comprehensive analysis of the BLM’s use of chemical herbicides in its vegetation treatment programs in the western states related to noxious weed and invasive terrestrial plant species management; fuels reduction; and emergency stabilization and rehabilitation efforts. BLM policy requires the application of Integrated Pest Management (IPM) methods, as outlined in the 2016 PEIS. Therefore, implementation of the 2016 ROD should already be consistent with current land use plans. In the rare exception that a land use plan contains explicit direction or decisions precluding the use of herbicides or any specific vegetation treatment method under integrated pest management, a plan amendment would be required prior to using those methods. The 2016 ROD is not a local land use-planning document, nor does it amend land use planning decisions, and it does not set the number of acres that the BLM will treat with herbicides. The 2016 ROD does not authorize an on-the-ground action; it is a tiering document for step-down, site-specific analyses as described below.
The Biological Assessment developed for the 2016 PEIS outlines conservation measures for species, or groups of species, that react similarly to the proposed vegetation treatments. It provides a protocol to ensure that consultations are done at the local level, when needed. Since the 2016 PEIS is programmatic in nature, it does not authorize site-specific actions. Therefore, any proposed site-specific activity will require a site-specific NEPA analysis and if necessary, coordination between the local BLM, USFWS, and NMFS. Because conservation measures are planning level decisions, the BLM must review the conservation measures in the 2016 PEIS and include them in local land use plans as appropriate.
Step Down NEPA Analysis
Prior to project implementation, step down environmental analyses must evaluate treatment project impacts. The 2016 PEIS presents a national-level programmatic analysis, which contains broad regional descriptions of resources, broad environmental impact analysis, cumulative impacts, and provides the BLM the flexibility to make decisions on specific herbicide use. It also provides programmatic Section 7 consultation under the Endangered Species Act (ESA) for the broad range of activities described in the 2016 PEIS. Step down environmental analysis may occur at a regional, statewide, field office, or site scale depending on the most efficient means for documenting compliance with NEPA, ESA, and other laws and regulations. Step down analyses should tier to the 2016 PEIS, 2007 PEIS or any other relevant, higher level NEPA documents. They should also incorporate by reference the PER as appropriate. Site-specific consultation under Section 7 of the ESA may be needed if listed species could be affected by the project. Tiering and incorporation by reference of these documents will facilitate and streamline step-down analysis by providing treatment design features and impact assessment data for herbicides, providing an overall uniformity of analysis. If analysis reveals the potential for significant impacts not already described in the 2007 or 2016 PEIS or another relevant EIS, another EIS may be required.
Consultation under the ESA on the Use of Herbicides with Regard to Endangered and Threatened Species
The BLM completed informal consultation with the USFWS and received concurrence dated October 6, 2015, that the proposed action is not likely to adversely affect any threatened or endangered species under their jurisdiction. The BLM also completed formal consultation with the National Marine Fisheries Service (NMFS), and received a biological opinion dated October 14, 2015, that the proposed action is not likely to jeopardize the continued existence of endangered and threatened salmon and trout, threatened green sturgeon, and threatened southern resident killer whales (2016 ROD Appendix D). ESA Section 7 Consultation with USFWS and NMFS contains SOPs (Appendix B-1 and Appendix B-2 - Conservation Measures). The BLM also submitted an Essential Fish Habitat Report (Appendix B – 2015 Biological Assessment) to NMFS to comply with the consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. All consultation was done at the programmatic level; field, district and state offices are responsible for ensuring compliance with the ESA at the project level.
Native American Consultation
The BLM initiated consultation under the National Historic Preservation Act (NHPA), Section 106, with federally recognized tribes and completed a Section 810 subsistence analysis as required under the Alaska National Interest Lands Conservation Act (ANILCA) (2016 PEIS and ROD). In addition, the toxicological analysis presented in the 2016 PEIS includes specific analyses assessing human health risks for Native American populations. NHPA consultation was done at the programmatic level; field, district and state offices are responsible for ensuring NHPA compliance at the project level. Appendix C-1 of the 2016 ROD identifies monitoring requirements for vegetation management and herbicide use.
Timeframe: This IM is effective upon receipt.
Budget Impact: The effect of this IM on the budget is minimal. This IM does not have budget implications.
Background: The BLM signed the 2016 ROD for the 2016 PEIS on August 15, 2016. The 2016 PEIS considered vegetation treatment activities, including noxious weed and invasive terrestrial plant species management, fuels reduction treatments, emergency stabilization and rehabilitation efforts. The 2016 PEIS also provides a cumulative impact analysis addressing the use of chemical herbicides in conjunction with other treatment methods, addressing human health and ecological risks for the use of these three active ingredients (herbicides) on public lands.
Manual/Handbook Sections Affected 9011, 9015.
Coordination: Preparation of this IM was coordinated with WO-210, WO-220, WO-230, and FA-100.
Contact: If you have any questions regarding this IM, please contact Gina Ramos, (202) 912-7226 or gramos@blm.gov.
Signed by: Authenticated by:
Kristin Bail Robert M. Williams
Assistant Director Division of IRM Governance
Resources and Planning
2 Attachments
1 –Listing of Approved Herbicide Formulations (12 pp)
2 – Listing of Approved Adjuvants (9 pp)