Executive Summary
The following key points summarize the proposals made in our comment document. They are provided for ease of reference, and to provide a high-level encapsulation of plan elements that we favor and those areas where improvement is necessary to best meet the intent of the Proclamations while honoring the Inter-governmental Cooperative Agreement and the Bears Ears Commission (BEC or Commission) Tribes.
Soils and Biological Crusts
Components of Alternative E that Protect Monument Objects and Values
● Improve quality and productivity using culturally led standards determined by the BEC.
● The requirement of an erosion control plan if discretionary actions cannot be avoided on slopes between 21 percent and 30 percent.
● The use of Western science and Indigenous knowledge for the restoration of BSCs.
Improvements to Alternative E Needed to Properly Protect Monument Objects and Values
● Restrict discretionary actions on soils rated as “highly susceptible” to erosion and
degradation.
● Inventory and classify BSC within BENM within 10 years of signing the ROD. For any surface disturbing discretionary actions planned prior to the 10-year deadline, inventory all BSC prior to implementation.
● Include a general plan (in collaboration with the BEC) to monitor soil with a commitment to identify triggers for mandatory actions and develop consequences for the failure to meet objectives as part of the management action to inventory, classify, and protect BSCs, especially in relation to livestock grazing.
● Prior to treatment, salvage biological soil crust for restoration post-treatment.
Water Resources
Components of Alternative E that Protect Monument Objects and Values
● Surface disturbance by mechanized equipment should be restricted in the final plan to instances where the priority methods (Traditional Indigenous Knowledge and techniques, light-on-the land methods, and natural processes) are shown through tangible data and documentation to be impractical and ineffective for the protection of BENM objects and values.
● Use minimally invasive vegetation treatment to remove non-native woody riparian species in conjunction with native reseedings.
Improvements to Alternative E Needed to Properly Protect Monument Objects and Values
● Allow for wood product harvest in riparian areas for Tribal Nations’ traditional purposes
as determined on a site-specific basis.
● New water withdrawals or diversions would not be authorized unless absolutely necessary to ensure the protection of BENM objects and values, and it can be shown through documented research that there are no alternatives for BENM object protection.
● Prohibit new water developments for livestock grazing purposes.
● Remove existing water developments for livestock grazing purposes that are not consistent with the protection of BENM objects and values.
● Exclude livestock from perennial surface water and associated riparian areas and springs.
● Do not allow discretionary actions within 100-year floodplains, within 0.5 mile of riparian areas, or along perennial and intermittent springs and streams unless absolutely necessary to protect BENM objects and values, it can be shown through data that there are no practical alternatives, and the action is designed for long-term benefit to the ecosystem.
Vegetation
Components of Alternative E that Protect Monument Objects and Values
● Explicitly define “light-on-the-land methods” as non-mechanical methods of treatment.
● The use of Ecological Site Descriptions for vegetation management in collaboration with the BEC.
● The prohibition of chaining within the Monument.
● The prohibition of vegetation treatments for livestock forage and range
“improvements.”
Improvements to Alternative E Needed to Properly Protect Monument Objects and Values
● Mechanical methods for vegetation management should be used rarely and only if the priority methods (Traditional Indigenous Knowledge and techniques, light-on-the land methods, and natural processes) are shown through tangible data and documentation to be impractical and ineffective for the protection of BENM objects and values.
● All vegetation treatment plans are approved by the BEC.
● Non-native seeds will only be used in emergency situations with a plan for restoring native species. All seed mixes should be approved by the BEC.
● Keep livestock off of restoration projects until all functional groups expected in the Ecological Site Descriptions have attained at least 80% of potential.
● Invest in monitoring that will inform future vegetation projects to increase achievement of goals and objectives. Include large (at least 50m2) grazing exclosures in every project.
Noxious Weeds and Nonnative Invasive Plants
Components of Alternative E that Protect Monument Object
● Collaborate with the BEC on herbicide use or other control methods (i.e., introduced species) as part of the vegetation management project.
Improvements to Alternative E Needed to Properly Protect Monument Objects and Values
● The BLM should commit to conducting ongoing noxious weed and invasive plant inventories and using this data in collaboration with the BEC to inform management decisions and priorities.
● Herbicide treatments should only be used as part of an integrated management strategy that includes identifying the causal factors of noxious weed and invasive plant spread, appropriate management responses and minimization, and avoidance of conventional (synthetic) herbicides.
Forestry and Woodlands
Components of Alternative E that Protect Monument Objects and Values
● Soil and vegetation monitoring in collaboration with the BEC to alter designated wood harvest areas or harvest season to allow for resource rest or reclamation.
● Identification and monitoring of culturally important trees in collaboration with the BEC.
Improvements to Alternative E Needed to Properly Protect Monument Objects and Values
● Allow for public comment on the BENM old-growth inventory and management plan.
● Develop immediate interim protections for old-growth trees.
● Include default standards for maximum size openings, downed logs, snags, and areas open to wood product harvest.
● Require BEC approval for all silvicultural projects and vegetation treatments.
● Prohibit commercial timber harvest within the Monument.
Lands With Wilderness Characteristics
Components of Alternative E that Protect Monument Objects and Values
● Manage all 419,128 acres that have been inventoried as having wilderness characteristics to conserve their wilderness characteristics, while allowing for compatible uses.
● The Agencies, in collaboration with the BEC, will develop additional standards for wilderness characteristics and lands that meet these characteristics “to ensure that standards are guided by Traditional Ecological Knowledge and Tribal expertise.”
● All lands managed as LWC coincide with remote recreation zones.
● VRM Class I.
● ROW exclusion areas.
● Limitations on management actions and recreation use would be designed with consideration of seasonality in collaboration with the BEC.
● Available for authorized private wood product harvest if beneficial or non-impairing to wilderness characteristics and if it would meet VRM Class I objectives.
● All existing facilities could be maintained at their current level but may be removed at the discretion of the agencies and in collaboration with the BEC.
● Fire suppression would be through light-on-the-land tactics or Minimum Impact Suppression Tactics.
Improvements to Alternative E Needed to Properly Protect Monument Objects and Values
● Manage LWC as OHV closed, with the limited exception of routes necessary for wood gathering and access for ceremonial and cultural purposes, as identified in collaboration with the BEC.
● Revise the first Goal/Objective as follows: “Protect wilderness characteristics
(appearance of naturalness and outstanding opportunities for primitive and unconfined recreation or solitude) of non-wilderness study area (WSA) LWC, in collaboration with the BEC, to facilitate landscape-level protections for Monument objects and values as identified in Proclamations 10285 and 9558.”
● Add the following Goal/Objective: “Manage LWC as remote recreation zones to protect naturalness, quiet, solitude, and remote backcountry recreation opportunities within the Monument, and ensure harmonious management with Monument-adjacent lands managed by other federal agencies.”
● Prohibit mechanical and commercial vegetation treatments by revising the relevant management prescription as follows: “Available for non-mechanical and non- commercial vegetation, watershed, soil, or habitat improvements if beneficial or non- impairing to wilderness characteristics, and if it would meet VRM Class I objectives. Improvements will be planned in collaboration with the BEC with consideration of seasonality and Traditional Indigenous Knowledge.”
● Respect Tribal cultural practices and values by removing “limitations,” and revising the second management prescription as follows: “The agencies, in collaboration with the BEC, will design management actions and recreation use with consideration of seasonality and Traditional Indigenous Knowledge.”
Forest Service Recommended Wilderness and Inventoried Roadless Areas
The Forest Service must begin to cooperate with the BEC, bringing the issue of recommended wilderness areas before the Commission in a timely manner. In the interim, all Forest Service lands with wilderness characteristics should be managed to preserve those characteristics. Consistent with the 2001 Roadless Rule (36 C.F.R. Part 294), the USDA Forest Service will manage Inventoried Roadless Areas (IRA) to not impair the roadless characteristics associated with each specific IRA.
Special Designations
Components of Alternative E that Protect Monument Objects and Values
● Addition of the John’s Canyon Paleontological ACEC (with management prescriptions appropriate for land that is within the Grand Gulch ISA Complex).
● Retention of all preexisting ACECS.
Improvements to Alternative E Needed to Properly Protect Monument Objects and Values
● Adopt Aquifer Protection ACEC boundaries as outlined in Alternative D.
Wilderness Study Areas
Improvements to Alternative E Needed to Properly Protect Monument Objects and Values
● BLM must correct the discrepancies between Chapter 2, the executive summary, and Chapter 3. The management actions in Chapter 2 must apply, with our proposed changes, to best protect Monument objects and values and wilderness characteristics.
● Prioritize the use of administrative designations when granting the State of Utah reasonable access to state lands and ensure collaboration with the BEC in such decisions.
Wildlife and Fisheries
Components of Alternative E that Protect Monument Objects and Values
● The commitment to restore aquatic habitat and riparian corridors.
● Monitoring of groundwater conditions, water quality, and cumulative effects on watershed health.
● Conducting nesting surveys for native birds, migratory birds, and raptors prior to project implementations.
● Maintaining a 10-mile buffer between areas with domestic sheep and bighorn habitat and connectivity corridors.
Improvements to Alternative E Needed to Properly Protect Monument Objects and Values
● Include pinyon jay nesting surveys consistent with the Conservation Strategy for the Pinyon Jay.
● Identify whether water pumping for recreational use needs to be limited or restricted in specific areas in order to protect BENM objects and values.
● Focus efforts to introduce, transplant, and re-establish species within BENM on native species only.
Visual Resource Management/Viewsheds
Components of Alternative E that Protect Monument Objects and Values
Alternative E provides the highest level of protection for visual resources, dark night skies and natural soundscapes by:
● Managing the remote and outback zones as VRM Class I and SIO Very High and the frontcountry and passage zones as VRM Class II and SIO High.
● Prohibiting permanent lighting throughout the Monument.
● Designating the entire BENM as ROW exclusion or avoidance.
● Collaborating with the BEC to survey existing impacts to night skies, soundscapes, and visual resources to identify those that damage or degrade culturally affiliated tribes’ cultural practices requiring quiet, darkness and natural viewscapes.
● Inventorying and monitoring night skies and soundscapes and developing night skies and soundscape management plans and education programming in collaboration with BEC.
Cultural Resources
Adopt Alternative E for cultural resources, including by preparing a CRMP in close collaboration with the BEC within two years for the final plan decision. To best honor the proclamations and the tribes, it’s also important to include maximally protective components from other issue areas in the final plan drawing from Alternative D (in Vegetation, Lands with Wilderness Characteristics, Special Designations, Recreation, Travel and Transportation, and Livestock Grazing) because as the 2022 BEITC LMP elucidates and the agencies reinforce, there is no distinction between natural and cultural resources and their use.
Air Quality
To ensure protection of clean air in mandatory Class I and II areas under the Clean Air Act, we encourage the Agencies to carry forward the applicable language, “Manage all BLM and BLM- authorized activities to maintain air quality to meet Prevention of Significant Deterioration Cass II standards, and protect the Class I airshed of the national parks (e.g., Arches and Canyonlands National Parks)” from Alternative A (2.4.16.3, Table 2-15, Row 16) to Alternative E.
Lands and Realty
Containing the highest percentage of right of way (ROW) exclusion areas, Alternative E best protects the objects and values for which the Monument was designated. Alternative E’s prohibition of public UAS use and commercial filming are also important aspects that should be included in the final plan. Provisions for Lands and Realty under Alternative E should be adopted in the final plan.
Recreation and Visitor Services
Components of Alternative E that Protect Monument Objects and Values
● Zoned recreation management approach.
● Ban on recreational target shooting.
Improvements to Alternative E Needed to Properly Protect Monument Objects and Values
● See Attachment 2 – Proposed Improvements to Alternative E’s Recreation and Visitor Service’s Goals, Objectives, and Management Actions
Travel and Transportation Management
Components of Alternative E that Protect Monument Objects and Values
● Alternative E’s OHV closed designations: Arch Canyon, designated wilderness, FS recommended wilderness, WSAs, Lavender Mesa ACEC, Indian Creek ACEC, ROS classes of Primitive and Semi-Primitive Non- Motorized, a portion of the San Juan River SRMA (a portion of the San Juan Hill RMZ) (673 acres), a portion of Outlaw Canyon (1,877 acres), a portion of South Cottonwood Wash near Bluff (844 acres), and two WSR segments totaling (2,315) (but see recommended improvements).
● Aircraft takeoffs and landings limited to Bluff Airport and Fry Canyon Airstrip.
● Public UAS use prohibited throughout BENM.
● Prohibit cross-country OHV travel, with no exceptions for game retrieval or antler gathering.
● Future mechanized travel limited to routes where OHV use is allowed.
● “In addition to 43 CFR 8341.2, in OHV limited areas, where the agencies, in collaboration with the BEC and Tribal Nations, determine that OHVs are causing considerable adverse impacts to BENM objects and values, including traditional uses and resources and areas important for traditional ceremonies, the agencies would close or otherwise restrict OHV use in such areas.” DEIS, p. 3-121, Table 2-20.
● “In OHV limited areas, OHV limitations, including seasonal closures, would be identified during travel management planning, in collaboration with the BEC, to allow for resource rest and/or traditional uses or ceremonies and to comply with 43 CFR 8342.1.” Id.
● Restrict OHV access to the rims of canyons on Cedar Mesa and encourage access by foot.
● In general, recognition of the need to protect sensitive soils, wildlife and wildlife habitat, wetlands, riparian areas, springs and seeps, 100-year floodplains, and other water resources (but see recommended improvements).
Improvements to Alternative E Needed to Properly Protect Monument Objects and Values
● Manage LWC as OHV closed, with the limited exception of routes necessary for wood gathering and access for ceremonial and cultural purposes, as identified in collaboration with the BEC.
● Improvements to Appendix H: Travel Management Plan Criteria. See Attachment 3.
● Ensure plan implementation is done in collaboration with the BEC, incorporates TIK and TEK, and prioritizes the protection of Monument objects and values.
● Strengthen, clarify, and consolidate goals and objectives, and management prescriptions for the designation, development, maintenance, and improvement of motorized, mechanized, and non-motorized routes and trails.
● Add management prescriptions concerning the management of existing and new travel routes and trails relative to other Monument objects and values such as cultural sites and resources, paleontological resources, and native vegetation.
Livestock Grazing
Components of Alternative E that Protect Monument Objects and Values
● Grazing permit relinquishment direction.
● Riparian area grazing and trailing management.
Improvements to Alternative E Needed to Properly Protect Monument Objects and Values
● Additional unavailable/not suitable for grazing allocations in the following areas:
○ Butler Wash – Perkins North Allotment, Butler Wash Pasture; Tank Bench Brushy Basin Allotment, Butler Wash Pasture
○ Moqui Canyon – Lower
○ Slickhorn Canyon Pasture
○ John’s Canyon
○ Dark Canyon upstream of Rig/Peavine Canyon
○ Tuerto Canyon
○ [Trailing] North Cottonwood Pasture and North Cottonwood Upper Pasture
○ Indian Creek – Lower
○ Chicken Corners
● Adopting a default utilization level of 30%.
● Improved language regarding water developments for grazing and protection of perennial surface water sources.
● Requiring a current (within 10 years) land health assessment for new or modified range improvements.
● Completing land health assessments (BLM) and fully processing all permit renewals (BLM & FS) across BENM within ten years of signing the ROD.
Environmental Justice and Social and Economic Values
Because Proclamation 9558 specifically calls out Traditional Indigenous Knowledge “…itself, [as] a resource to be protected and used in understanding and managing this landscape sustainably for generations to come,” restorative justice for BENM demands the adoption of Alternative E, which requires that lands be “…managed to protect and restore BENM cultural resources, which could increase the nonmarket value associated with traditional, cultural, and spiritual uses and resources, especially for the Tribes.” DEIS, Vol. 1, p. 3-370
Consultation and Coordination
Components of Alternative E that Protect Monument Objects and Values
● Recognizes the importance of ongoing BEC involvement.
Improvements to Alternative E Needed to Properly Protect Monument Objects and Values
● Provide funding for ongoing Tribal engagement.
● Establish deadlines for collaboration that are appropriate to ensure Tribal input.
● Clearly establish how BEC input will be obtained on site-specific projects.
Manti La-Sal National Forest
The Forest Service must bring all management prescriptions within BENM’s boundaries that are contemplated in the Manti-La Sal National Forest’s Land and Resources Management Plan (LRMP) revision process before the Bears Ears Commission as soon as reasonably practicable. To avoid improper speculation about a potential future proclamation for BENM, “or most current proclamation” must be stricken from the proposed LRMP amendment under Desired Condition 01. The Standard found in the plan amendment as well as the statement finding timber production unsuitable within BENM are correct and should be included in the final documents for this plan.
Connectivity and Consistency with Contiguous NPS Management
Components of Alternative E that Protect Monument Objects and Values
Key components of Alternative E will ensure management of Monument lands adjacent to the national parks complement and are compatible with park management, particularly adherence to the Natural Bridges National Monument Groundwater Protection Zone (GPZ) plan, establishing recreation zones compatible with cross-boundary management and management actions for protecting visual resources, dark night skies and natural soundscapes.
Improvements to Alternative E Needed to Properly Protect Monument Objects and Values
● Adoption of the Aquifer Protection ACEC Boundaries specified in Alternative D, extending protections to surrounding national park boundaries.
● Add collaboration with NPS, where appropriate, in the management of visual resources, soundscapes, and dark night skies and when developing a night skies management plan and soundscapes management plan, as well as education programing.
● Carry forward the applicable language, “Manage all BLM and BLM-authorized activities to maintain air quality to meet Prevention of Significant Deterioration Cass II standards, and protect the Class I airshed of the national parks (e.g., Arches and Canyonlands National Parks)” from Alternative A (DEIS, Vol. 1, Table 2-15, Row 16) to Alternative E.
● Close the shared boundaries with Canyonlands NP, Natural Bridges NM, and Glen Canyon NRA to existing and future OHV use as proposed in Alternative D.
Click here to read the “Technical Comments on the Bears Ears National Monument Resource Management Plan Draft Environmental Impact Statement.”