Marton Ranch Purchase EIS.

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U.S. Department of the Interior Bureau of Land Management

Marton Ranch LWCF Land Acquisition

DOI-BLM-WY-P060-2022-0057-EA

Environmental Assessment

April 2023

Casper Field Office

2987 Prospector Drive

Casper, Wyoming 82604-2968

Chapter 1         

Introduction

1.1                        Background or Project summary

The Bureau of Land Management (BLM) is proposing to acquire a parcel of land from a private landowner in Natrona and Carbon County, Wyoming with the help of The Conservation Fund (TCF). BLM management of the lands would facilitate an opportunity to enhance public recreation opportunities within the North Platte River corridor and beyond.

The parcel contains approximately 8 miles of North Platte River frontage that will provide opportunities for recreational development, wildlife, and fisheries. The parcel also contains approximately 35,669.52 acres (33,470.93 acres in Natrona County in the Casper Field Office and 2,198.59 acres in Carbon County in the Rawlins Field Office) upland from the river that will increase public access. No infrastructure development is planned for the acquisition area with this project, this environmental assessment (EA) only covers the acquisition of the property. Any further planning or developments on the acquisition area will use the most recent Department of the Interior (DOI) and BLM regulations, policy and guidance including compliance with the National Environmental Policy Act (NEPA).

On May 18, 2022, a decision record and finding of no significant impact were signed by the BLM authorized officers (for the Casper and Rawlins field offices) for the Marton Ranch LWCF Land Acquisition EA, (ePlanning project number DOI-BLM-WY-P060-2022-0057-EA). On June 17, 2022, the State of Wyoming appealed the decision to the United States Department of the Interior, Office of Hearings and Appeals, Board of Land Appeals (IBLA). On October 21, 2022, the IBLA issued an order to set aside and remand the BLM’s decision,^[1] so that the BLM can “reevaluate its May 18, 2022, decision, provide additional opportunities for public notice and comment, and supplement its environmental analysis to better address issues raised by the Appellant in the Statement of Reasons.”

Figure 1, Project Boundary

1.2                        Purpose and Need for the Proposed Action

The need for the action is to acquire the described parcel placing it into public ownership and respond to the Order from the IBLA, including to supplement the BLM’s NEPA analysis and enhance opportunities for public participation.

The purpose for the action is to enhance and facilitate public recreation opportunities as set forth in the Proposed Resource Management Plan and Final Environmental Impact Statement for the Casper Field Office, the Record of Decision and Approved Casper Resource Management Plan (Casper RMP) decisions detailed in section 2.3 below and supplement the BLM’s analysis and disclosure of potential effects related to the BLM’s acquisition of the Marton Ranch parcel, and to provide for additional public participation.

Decision to be Made: Based upon the results of the additional analysis and disclosure in this EA, and the feedback from the public in its review, the BLM will decide whether or not to acquire the parcel of land and, if so, under what terms and conditions.

1.3                        Relationship to Statutes, Regulations, Plans or Other Environmental Analysis

The preparation of this EA follows guidelines and regulations adopted by the Council of Environmental Quality (CEQ) found in 40 CFR Part 1500-1508, DOI regulations in 43 CFR Part 46, the BLM NEPA Handbook H-1790-1 and BLM policies regarding the implementation of NEPA and compliance with the above regulations.

The BLM’s policy is derived from various laws, including Federal Land Policy and Management Act of 1976 (FLPMA), as amended [43 U.S.C. 1701 et seq.].

1.4                        Scoping, Public Involvement and Issues

Internal scoping was initiated when the project was presented to the BLM Casper and Rawlins Field Offices interdisciplinary team. The original project was posted on the ePlanning website on February 16, 2022. A field visit to the project area was conducted in September 2021.

Based upon the concerns raised by the State of Wyoming in its Statement of Reasons (WY SOR),^[2] the BLM has determined that additional analysis and disclosure for several resources is necessary.

 Resources identified for analysis in the original document included Aquatic Invasive Species, Fisheries, Recreation and Recreational Setting, Threatened, Endangered or Candidate Animal or Plant Species, Local Property Taxes, Wildlife and Special Status Animal or Plant Species other than Fish and Wildlife Service (FWS) candidate or listed species.

Resources identified for further analysis in this document include recreational setting, fisheries, and aquatic invasive species.

Public review of the project began on April 21, 2023 and ended on May 12, 2023. Public review resulted in…

Chapter 2         

PROPOSED ACTION AND ALTERNATIVES

2.1                        Alternative A, No Action Alternative

Under the No Action Alternative, the BLM would not acquire the parcel.

2.2                        Alternative B, Proposed Action

Under the Proposed Action, the BLM in partnership with The Conservation Fund (TCF) would acquire the approximate 36,000 acre Marton Ranch parcel in Natrona and Carbon Counties, Wyoming which includes approximately 8 miles of North Platte River frontage, in Natrona County. The BLM would otherwise manage the property in the same way as the surrounding BLM administered public lands as detailed in the Casper RMP and the Rawlins RMP.

2.3                        Conformance with BLM Land-Use Plan and Incorporation by Reference

Casper Field Office

Pursuant to 40 CFR 1501.11 and 1501.12, this EA tiers to and incorporates by reference the information and analysis contained in the Casper RMP signed in December 2007 as amended. Furthermore, the proposed action is in conformance with the Casper RMP goals and objectives and decisions specifically the following:

Decision 6006. “Acquisition of lands and interest in lands will be pursued in areas of high recreational or paleontological value, with sensitive cultural resources, area with important fish and wildlife habitat, and along historic trail segments.” Objective LR:1, “Manage the acquisition, disposal, withdrawal, and use of public lands to meet the needs of internal and external customers and to preserve important resource values.”

Decision 6008. “Lands that are reconveyed or acquired will be managed in the same manner as the adjoining public lands.” Objective LR:1.1, “Develop and maintain a land-ownership pattern that will provide better access for managing and protecting public lands.”

Decision 6034, “North Platte Special Recreation Management Area Prescriptions: Development, livestock grazing, and ROW will be limited. Emphasis will be placed on enhancing recreational benefits and wildlife/fisheries habitats within the selected boundary. Acquisitions and easements will be pursued as opportunities arise to improve public access and recreation opportunities…” Objective LR:8.1, “Manage and maintain recreation sites and facilities to acceptable operations standards.”

Decision 7023 “The BLM will pursue acquisition of lands and interest in lands in the Bolton Creek Drainage and Bates Creek areas.” GOAL SD:4, “Manage the Bates Hole MA to protect highly erosive soils, fragile watersheds, and important and crucial wildlife habitat; conserve and (or) improve special status species habitat and maintain unfragmented vegetative communities.”

Decision 7035 “The BLM will pursue acquisition of lands and interest in lands in the North Platte River area...” Objective SD: 7.1, “Manage the public lands and mineral estate in a manner than enhances the natural character and preserves wildlife and fisheries habitats.”

Rawlins Field Office

Pursuant to 40 CFR 1501.11 and 1501.12, this EA tiers to and incorporates by reference the information and analysis contained in the PROPOSED Resource Management Plan and FINAL Environmental Impact Statement for Public Lands Administered by the Bureau of Land Management, Rawlins Field Office, the Record of Decision and Approved Rawlins Resource Management Plan (Rawlins RMP) signed in December 2008 as amended. Furthermore, the proposed action is in conformance with the Rawlins RMP decisions, goals and objectives even though it is not specifically provided for because it is consistent with those decisions, goals and objectives within the Rawlins RMP.

Management Goal:

1.      Manage the acquisition, disposal, withdrawal, and use of public lands to meet the needs of internal and external customers (i.e., to respond to community needs for expansion and economic development and to preserve important resource values) (Appendices 6, 7, and 34).

Management Objectives:

1.   Identify BLM-administered lands within the RMPPA (resource management plan planning area) available for acquisition, disposal, or withdrawal.

4.   Utilize appropriate actions (e.g., land tenure adjustments or easement acquisitions) to help solve problems related to intermixed landownership patterns.

Management Actions:

4.   When practicable, develop and maintain a landownership pattern that will provide better access for management and protection of the public lands (Appendix 6).

Chapter 3         

Affected Environment

3.1                        Introduction

This chapter presents the affected and/or existing environment (i.e. the physical, biological, social, and economic values and resources) of the area. This chapter provides the baseline for comparison of impacts and consequences described in Chapter 4.

3.2                        Resources Not Considered in this Analysis

The following resources are not present or impacted by the project and will not be analyzed as detailed in Appendix A:

Air Quality and Visibility

Energy

Environmental Justice

Farmlands (Prime or Unique)

Floodplains

Forestry

Fuels/Fire Management

Geology

Greenhouse Gasses and Climate Change

Ground Water

Heritage Resources

Historic Trails

Invasive, Non-native Species other than Aquatic

Lands and Realty

Leasable Minerals

Livestock Grazing

Locatable Minerals

Native American Religious Concerns and Traditional Cultural Properties

Paleontology

Public Health and Safety

Rangeland Health Standards and Guidelines

Rangeland Management

Saleable Minerals

Soils

Special Management Areas including ACECs, WSAs, ERMAs, SRMAs

Surface Water

Transportation

Travel Management

Vegetation

Visual Resources

Wastes (hazardous or solid)

Water

Water Quality (Prime or Sole Source Drinking Water)

Wetlands and Riparian Zones

Wild and Scenic Rivers

Wilderness Characteristics

3.3                        Recreation and Recreational Setting

The lands within the described parcel include the North Platte River, which is the only floatable waterway in central Wyoming and has become valued as a Class 1 cold-water recreational fishery within a multi-state area and rated Blue Ribbon by the Wyoming Game and Fish Department. The river is a high-interest area for anglers and wildlife enthusiasts, representing the top 3-5 percent of rivers and streams within the state for trout production and attracts approximately 100,000 seasonal anglers a year. The most popular game fish species include rainbow, brown, and cutthroat trout. Below Gray Reef dam (which is located immediately upstream of the Marton Ranch’s river frontage), the river has been recently touted as the number one destination for trout fishing in North America by multiple angling publications. As a result, this world-class fishery is a primary focus of the BLM’s recreation management program.

The BLM has issued and manages 18 special recreation permits (SRPs) for commercial fly-fishing companies. Permitted guides utilize public lands along the North Platte River for launching and retrieving drift boats and rafts, and anchoring and wade fishing on BLM administered public lands. With the permission of other landowners, guides and the public could also use private lands in similar ways.

Adjacent recreation areas such as Gray Reef, including the Blue Gulch and The Redd’s day use sites; Pete’s Draw Campground and Trappers Route—which is divided into the Bolton Creek Access, Miles Landing and Whitetail day use sites; and the Golden Current, Chalk Bluffs, and Buffalo Berry Campgrounds are heavily used throughout the year with 212,000 visits recorded in 2021.

Other common recreation activities include floating, wildlife observation, hunting, shed antler collecting, OHV use, camping and picnicking on BLM public lands. Due to the Trapper’s Route Recreation Area’s close proximity to local communities and public access, mountain biking and equestrian use have been increasing over time.

This acquisition will be managed for the recreational setting as referenced in the Casper RMP, Appendix O specific to the setting character.

The recreational setting consists of low-lying view from the water surface creates the perception of a relatively undisturbed landscape. Different combinations of line, form, color, and texture enhance the visual quality which is combined with the constantly changing shorelines and vegetative communities. The landscape changes from open areas, densely vegetated banks, panoramic views, and landform features, such as cliff walls formed by erosion, and provide nesting habitat for a variety of bird species.

The land is currently under private ownership and permission for recreational access to these lands would first need to be obtained from the private landowner.

3.4                        Socioeconomic Considerations

The BLM does not pay property taxes to local governments. FLPMA and subsequent laws accounted for this discrepancy by creating the Payment in Lieu of Taxes (PILT) program. Natrona and Carbon Counties both receive annual PILT from the Department of the Interior for public lands within the boundaries of their counties, calculated annually (citation). Natrona County received a PILT of $3,952,693 in 2022, which is the most that they can receive in a given fiscal year (FY) due to a population ceiling limit. Carbon County received a PILT payment of $1,566,471 in 2022, which is also capped under the population ceiling limit. Because of population constraints factored into annual PILT calculations, additional land acquisitions do not merit increased PILTs beyond a certain per capita amount for areas like Carbon and Natrona Counties that have reached their respective population ceiling limit (DOI 2022). The Marton Ranch’s annual property tax payment was estimated to be $14,500 between both counties in 2022. The acquired acres are estimated to have contributed approximately $10,000 in 2022 property taxes, while the remaining acreage kept by the landowner in the acquisition is estimated to have contributed approximately $4,500 in 2022 property taxes (Natrona County Assessor 2023).

The Marton Ranch provides additional limited public access to the North Platte River via State Highway 487 and Natrona County Roads 403, 404, and 405. This area is comprised of open areas, densely vegetated banks, panoramic views, and landform features. The North Platte River is a high-interest area for anglers and wildlife enthusiasts, representing the top 3-5 percent of rivers and streams within the state for trout production and attracts approximately 100,000 seasonal anglers a year. The BLM has issued and manages 18 special recreation permits (SRPs) for commercial fly-fishing companies in this area. Permitted guides utilize public lands along the North Platte River for launching and retrieving drift boats and rafts, and anchoring and wade fishing on BLM administered public lands. Other common recreation activities include floating, wildlife observation, hunting, shed antler collecting, OHV use, camping and picnicking on BLM public lands. A 2022 Community Needs Assessment for Natrona County indicated recreational activities as number three of the top ten service needs identified by surveyed community members (Natrona County 2022), despite being a regularly recreated area for the activities described above.

3.5                        Special Status Animal or Plant Species other than FWS candidate or listed Species

The Special Status Species concerns considered in relation to the proposed action were greater sage grouse; raptor; mountain plover; swift fox; sagebrush obligate species; grassland obligate species; and riparian/wetland obligate species as indicated on the Special Status Species Issues Map. There are a variety of wildlife present throughout the project area, including big-game, non-game, small-game, furbearing, and predatory animals. The area is known to support populations of small game and non-game species, but no comprehensive inventories exist for the area.

As depicted on the Special Status Species Issues Map, the Marton Ranch is located southwest of Casper and just east of Alcova Reservoir. Pronghorn antelope and mule deer utilize the area year-round. The parcel includes crucial big game winter range habitat for both pronghorn antelope and mule deer.

The area provides suitable habitat for a variety of migratory birds, including raptors. The area contains a diversity of habitat types supporting most avian species associated with sage steppe, , riparian/wetland, or grassland habitats. Migratory bird nest site occupancy is unknown, as no nest surveys have occurred in the area.

Raptor species likely to occur within the area include the following: Golden eagle (Aquila chrysaetos), Bald eagle (Haliaeetus leucocephalus), Red-tailed hawk (Buteo jamaicensis), Rough-legged hawk (Buteo lagopus), Ferruginous hawk (Buteo regalis), Swainson’s hawk (Buteo swainsoni), Northern harrier (Circus cyaneus), Peregrine falcon (Falco peregrinus), Prairie falcon (Falco mexicanus), American kestrel (Falco sparverius), Cooper’s hawk (Accipiter cooperii), Sharp shinned hawk (Accipiter striatus), Great horned owl (Bubo virginianus) and Burrowing owl (Athene cunicularia). Historic raptor nest sites and one artificial nesting structure (ANS) have been documented in the vicinity of the parcel. It is likely that raptor nests occur that have not been identified. No intensive raptor surveys have been completed in this area and the parcel provides suitable habitat for a variety of raptors.

The Bald eagle is listed as a Wyoming BLM Sensitive Species. Areas associated with the North Platte River have been designated as bald eagle foraging habitat and eagles may be seen regularly along the river corridor. The Sticking Creek Roost is approximately 2 miles east of the parcel. The Jackson Canyon ACEC is located approximately 8 miles northeast of the parcel and contains two winter communal eagle roosts: Jackson Canyon and Little Red Creek Roost.

White-tailed prairie dog (Cynomys leucurus) colonies are present within the parcel. Prairie dogs are listed as a Wyoming BLM Sensitive Species. The colonies are believed to be active, but the size and extent is unknown. These colonies can provide suitable habitat for other Wyoming BLM Sensitive Species such as Swift Fox (Vulpes velox) and Mountain Plover (Charadrius montanus).

The parcel contains habitat that supports the Greater Sage-grouse (Centrocercus urophasianus). The parcel occurs within Priority Habitat Management Area (PHMA) and portions of the parcel contain Sage-grouse Winter Habitat (See Special Status Species Issues Map in Chapter 8 below). The following leks fall within the parcel: Marton, Ledge Creek, Bolton Creek 1, Bear Mountain, and Canyon Creek N Fork. The Bear Springs East, Rattlesnake Spring, Meers Camp, Canyon Creek South, and Bolton Creek 2 leks fall within 1.0 mile of the parcel and are considered occupied. The parcel contains suitable habitat for Greater Sage-grouse breeding, nesting, and early brood-rearing, as well as winter habitats.

3.6                        Threatened, Endangered or Candidate Animal or Plant Species

The Threatened, Endangered or Candidate Animal or Plant Species concerns considered in relation to the proposed action were: Black-footed ferret (Mustela nigripes) and species associated with the Platte River Species Area of Influence (AOI) as indicated on the T&E Species Issues Map in Chapter 8 below. No comprehensive inventories of these species exist for the area.

Black-footed ferret (Mustela nigripes) habitat is present within the parcel. The Black-footed ferret is listed as endangered under the Endangered Species Act (ESA). The parcel occurs within the boundaries of the Bates Hole/Shirley Basin (10J) Black-footed Ferret experimental/ non-essential population area. White-tailed prairie dog colonies exist throughout the parcel which provide food and habitat for Black-footed ferrets. The prairie dog colonies are believed to be active but are spread out causing less successful dispersal between ferrets. There have been multiple reintroductions, however, the active reintroduction area is located north of the town of Medicine Bow.

The Platte River Species Area of Influence (AOI) falls within the northwest portion of the parcel, along the North Platte River. This AOI was designed by U.S. Fish and Wildlife Service to identify areas where potential effects need to be considered for Threatened, Endangered, Proposed, and Candidate species and designated and proposed Critical Habitat, in reference to Section 7 of the Endangered Species Act. This area contains critical habitat for the endangered Whooping Crane (Grus americana) and the threatened Piping Plover (Grus americana) listed under the Endangered Species Act (ESA). Other species associated with the Platte River Species AOI are endangered Interior Least Tern (Sterna antillarum athalassos), endangered Pallid Sturgeon (Scaphirhynchus albus) and the threatened Western Prairie Fringed Orchid (Platanthera praeclara) listed under the Endangered Species Act (ESA).

3.7                        Wildlife

The Wildlife species considered in relation to the proposed action are: Elk (Cervus canadensis), Mule deer (Odocoileus hemionus) and Pronghorn antelope (Antilocapra americana).(in Wyoming this species is defined by statute 23-1-101 as “antelope”). White-tailed deer (Odocoileus virginianus) are also present within the area in relatively low densities compared to other areas throughout the state. Big Game Winter Range for Mule deer and Pronghorn antelope is found within the parcel. There are a variety of wildlife species present throughout the project area, including big-game, non-game, small-game, furbearing, and predatory animals. The area is known to support populations of small game and non-game species, but no comprehensive inventories exist for the area.

Elk within the area are managed as part of the Shirley Mountain Herd Unit. Elk use in the area is isolated, as a small population is found in the area year-round. This population is geographically separated from the other more typical elk habitats that occur within the central portion of the herd unit. However, elk use in the area is expanding as there is likely some migration from the expanding populations to the south and east (Laramie Peak/Muddy Mountain herd).

Mule Deer within the area are managed as part of The Bates Hole-Hat Six Mule Deer Herd Unit. Due to a persistent downward trend in the population, the Wyoming Game and Fish Department made the Bates Hole-Hat Six Mule Deer herd a focus of the Area 66 Mule Deer Initiative. The southeast section of the parcel contains crucial winter habitat for mule deer, but the parcel is used year-round.

3.8                        Pronghorn antelope within the area are managed as part of the Medicine Bow Herd Unit. Major seasonal pronghorn movement takes place within this area as pronghorn move from their summer range to crucial winter-yearlong range. The northern half of the parcel is designated as crucial winter range, but the parcel is utilized year-round. Wildlife – Aquatic Invasive Species

Aquatic Invasive Species (AIS) are an ever-present concern throughout the State the Wyoming. They pose an especially grave threat to the economically and ecologically important North Platte River fishery.

New Zealand Mudsnail were detected in 2018 at the Gray Reef boat ramp facility and are now present in the North Platte River on the Marton Ranch. The snail is spread by fish, birds, natural downstream dispersal, and by humans on fishing gear. They can outcompete native species and alter water chemistry (Wyoming Game and Fish Department-Aquatic Invasive Species Prevention, Dec. 2014).

Brook Stickleback were discovered in the North Platte River in 2012 at Bessemer Bend Bridge which is approximately 25-miles downstream of the property. They have also been found upstream of the property in both Pathfinder and Seminoe reservoirs. Brook Stickleback can compete with and negatively affect other fish species. They are known to forage for other fish species’ eggs and are primarily spread through live bait introductions and water currents. Juvenile fish and fish eggs may be difficult to see and can be accidentally moved with standing water (Wyoming Game and Fish Department-Aquatic Invasive Species Prevention, Dec. 2014).

The most significant known threat to Wyoming is from zebra and quagga mussels based on their proximity and demonstrated impacts in neighboring states. They have been found in Colorado, South Dakota, Nebraska, and Utah and are transported in water on boats as microscopic larvae or attached to the hull, motor, or other hard surface of a boat as juveniles or adults. Zebra and quagga mussels remove nutrients from water and out-compete native mussels (Wyoming Game and Fish Department-Aquatic Invasive Species Prevention, Dec. 2014).

This reach of the North Platte River sees high numbers of out-of-state recreational fishermen. The Wyoming Game and Fish Department conducted a creel survey on this stretch of the river in 2020 and found that 78.6% of those interviewed were non-residents. Most non-resident anglers were from Colorado, 59.1% (WGFD, Annual Fisheries Progress Report on the 2020 Work Schedule, pp. 17-32).

Public boating access to the North Platte River in the area consists of two boat ramps which are on lands other than Marton Ranch. The Gray Reef boat ramp is the upper boating access point. The Lusby Public Access Area boat ramp is the lower boating access point. There are no other developed boat ramps in the reach of river located within the property.

3.9                        Wildlife – Fisheries

The approximately 8 miles of North Platte River frontage within the property has been recognized as a trophy Blue Ribbon tail water by the Wyoming Game and Fish Department(WGFD). This reach of the river is comparable to the Miracle Mile reach of the North Platte River, the Bighorn River near Thermopolis, and several sections of the Shoshone River near Cody. The purchase area is highlighted in the WGFD’s 2022 Statewide Habitat Plan. Aquatic priority areas from this document which are applicable to this reach of the North Platte River include “Aquatic Crucial” protecting riparian habitat and the Blue Ribbon Fishery, and “Aquatic Restoration” targeting degraded areas for stream restoration and improving Blue Ribbon Fishery status. Popular sport fish in this reach include rainbow trout, brown trout, Bear River cutthroat, and Snake River cutthroat. As one of the nation’s premier trout fisheries, this reach of river sees high numbers of recreational anglers each year. There were an estimated 8,439 boat anglers that fished the Gray Reef section (which includes the Marton Ranch) of the North Platte River in 2020 alone (WGFD, Annual Fisheries Progress Report on the 2020 Work Schedule, pp. 17-32). The total number of anglers fishing the Gray Reef section of the North Platte River would be greater due to an unknown number of wade anglers utilizing publicly accessible areas.

The Wyoming Game and Fish Department samples this reach of the North Platte biennially. Their sampling results show a decline in fish abundance from 2014 to 2018 and then a stagnation in abundance from 2018 to 2020. The report states that the 2020 estimates for this section of the North Platte River remain significantly below the management objective for both abundance and biomass per mile. Their results also provide evidence of an aging fish population due in part to poor recruitment (WGFD, Annual Fisheries Progress Report on the 2020 Work Schedule, pp. 17-32).

Their report suggests that poor recruitment rates may be due in part to a high prevalence of hooking injury imposed on sexually mature fish. As angling pressure is expected to remain the same in the foreseeable future, they suggest a two-pronged approach to help remedy the problem. Educating the public on best catch-and-release methods and mitigate sources of angling-related injury on fish by implementing special fishing regulations. (WGFD, Annual Fisheries Progress Report on the 2020 Work Schedule, pp. 17-32).

Ledge Creek, Wash-out Creek, Bear Creek, and approximately 6-miles of Bolton Creek are on the property. The Ledge Creek and Bolton Creek tributaries have contributed significant amounts of sediment into the North Platte River in the past and have therefore been a cause for concern pertaining to water quality and fish health. Projects have been implemented in the past (specifically on Bolton Creek) to reduce sediment deposition and erosion in the area.

Fishing access to this reach of the North Platte River is almost all on the north side of the river. Both private and public access is extremely limited on the south side of the river as there are very few established roads

Chapter 4         

Environmental Effects

4.1                        Introduction

An environmental impact is a change in the quality or quantity of a given resource because of a modification in the existing environment consequential of a project-related activity. Impacts can vary in degree from a slightly discernible change to a total change in the environment. Potential impacts are quantified when possible; however, when impacts are not quantifiable, suitable explanations are used to best describe the level of impact.

Impacts are considered as being direct or indirect, cumulative, and residual. The impacts are also examined for short term/long term and/or beneficial/adverse. Where appropriate the analysis identifies these types of impacts and compares the alternatives accordingly.

Direct impacts are those impacts which are caused by the action and occur at the time and place. Indirect impacts are those impacts which are caused by the action and are later in time or further removed in distance but are still reasonably probable.

Short-term impacts can be defined by resource and are usually up to a few years in span. Long-term impacts would be lasting beyond the short term to the end of the project and beyond.

Cumulative impacts are defined as the environmental impact resulting from the incremental direct/indirect and short/long term impacts of the alternative when added to other past, present, and reasonably foreseeable future actions regardless of who undertakes such other actions.

Mitigations that the BLM would implement as part of the approval are then described and analyzed with any impacts left over being summarized as residual impacts.

4.1.1        Cumulative Impact Analysis Area

The cumulative impacts analysis (CIA) area is the project boundary for all resources except Recreation and Socioeconomics analyzed in this EA. For Recreation the CIA is the project boundary plus the North Platte River Special Recreation Management Area (North Platte SRMA). For Socioeconomics the CIA would be the counties.

4.1.2        Past, Present and Reasonably Foreseeable Future Actions

The area has been historically used for grazing of both cattle and sheep, ranching, hunting, oil and gas development and recreation. Though the project area has no planned infrastructure developments the property is across the river from an area that has seen substantial developments for recreation and tourism including housing due to the popularity of the North Platte River. No infrastructure development is planned for the acquisition area with this project.

4.2                        Recreation and Recreational Setting

Please note, some impacts specific to fishing is further addressed in the Fisheries section below.

Alternative A, No Action

Under this alternative, the lands would not be acquired, and operations and management would continue as they are currently. No impacts to the recreational setting would occur.

Alternative B, Proposed Action

Under this alternative, the lands would be acquired and recreation would be managed in accordance with the Casper and Rawlins RMPs including the North Platte SRMA. The acquisition of approximately 36,000 acres would also allow for expanded recreation and use across the landscape including once landlocked parcels of BLM and Wyoming State lands.

The addition of 8 miles of one side of North Platte River could allow more public pedestrian access and use along those 8 miles whereas previously the private lands were controlled by the landowner but the area acquired within the SRMA is remote; has no developments; and access to the river is limited by the topography and lengthy, difficult to use trails. While the direct impacts would normally be an increase in public use of the area for recreation along the river the remoteness of the area will ameliorate these impacts.

Prior to the acquisition of this property, the 8 mile section was open to floating and fishing by the public. The acquisition of this property would allow for anchoring and use of the river bank. It is not anticipated that these changes will substantially increase overall river use.

These recreational impacts due to the acquisition will not impact the recreational setting as the area will be managed consistent with Appendix O of the Casper RMP (the Recreation Management Matrices). Consistent with the approved RMP, in the Casper planning area the BLM will maintain the prescribed setting character of the North Platte River SRMA, including managing social contacts to “middle country” encounters and “front country” encounters. The managed use of this property will further provide for targeted outcomes including but not limited to bank fishing, boat fishing activities; experiences such as relaxing, enjoying scenery and natural setting, improving outdoor-related skills and enjoying leisure activities; and the benefits of nature and aesthetic appreciation, improved perceived quality of life, family bonding/better family life and improved image of land management agencies.

Cumulative Impacts

The addition of roughly 36,000 acres for recreational uses could add to the impacts already seen from present uses such as oil and gas, hunting and fishing in the uplands areas.

North Platte SRMA could see a slight decrease in concentrated impacts with the additional linear miles of river and associated uplands accessible to the public as those impacts could be spread across this larger acquired area. The remoteness of the river may make accessing the river difficult and time consuming for the user though. The dispersal of recreational uses across the additional area could relieve all forms of recreation pressures especially in the uplands area but also in and around the SRMA as well as the adjoining public lands.

Mitigation

No proposed mitigations concerning recreational setting at this time. However, any future planning and development of the recreational setting would involve the requisite stakeholders such as the Office of State Lands and Investments and the Wyoming Game and Fish Department.

Residual Impacts

Under the proposed action, the residual impacts would include continued interest in recreation opportunities from these expanded areas along the river and associated uplands. However, the recreational setting will see reduced residual impacts as the area will remain remote and difficult to access, and potential future mitigation would limit the potential adverse impacts.

4.3                        Socioeconomics

Alternative A, No Action

Under the no action alternative, the BLM would not acquire the private land parcels. Local governments would not realize a decrease in annual property taxes received from Marton Ranch parcels. Selection of the no action alternative would prevent the parcel from being managed as public land and access opportunities for the public would remain unchanged.

Alternative B, Proposed Action

Under this alternative, Natrona and Carbon Counties would lose approximately $10,000 ($7,000 in Natrona County and $3,000 in Carbon County) of the estimated $14,500 total in property tax contributions. The remaining acreage kept by the landowner in the acquisition is expected to continue to accrue property tax revenue, having contributed approximately $4,500 in 2022 property taxes (Natrona County Assessor 2023).

The acquisition of this property will further provide for recreation impacts as described above consisting of targeted outcomes including but not limited to bank fishing, boat fishing activities; experiences such as relaxing, enjoying scenery and natural setting, improving outdoor-related skills and enjoying leisure activities; and the benefits of nature and aesthetic appreciation, improved perceived quality of life, family bonding/better family life and improved image of land management agencies.

In addition to their ecological importance, fish are a valuable resource for humans. Management actions that impact access to this resource for recreational use by the public would be a direct impact on fisheries management (Proposed Casper RMP and Final EIS, Chapter 4—Environmental Consequences, 4-94). The acquired land would now be legally accessible to bank fishing and anchoring. This could result in increased and/or prolonged fishing pressure in reaches of the North Platte River that had previously been legally inaccessible to anchoring and wade fishing by the public. However, the BLM will be able to monitor the uplands areas consisting of the tributaries in this area. The information gained through monitoring will be used to inform management decisions and identify habitat projects in a way that best improves overall habitat quality (see section 4.8 for a complete discussion on potential fishery impacts).

Cumulative Impacts

The area has been historically used for grazing of both cattle and sheep, ranching, hunting, oil and gas development and recreation. Though the project area has no planned infrastructure developments the property is across the river from an area that has seen substantial developments for recreation and tourism including housing due to the popularity of the North Platte River. No infrastructure development is planned for the acquisition area with this project. The addition of roughly 36,000 acres for recreational uses could add to the impacts, both positive and negative, already seen from present uses such as oil and gas, hunting and fishing in the uplands areas.

With respect to the North Platte SRMA, the acquisition of 8 miles of the North Platte River with roughly 36,000 acres of upland will further add to the BLM’s ability to manage and improve fisheries habitats by improving and stabilizing the tributaries to the river. This increase is expected to offset the current recreational uses and developments in the area and allow for improved habitat management.

The nominal reduction of approximately $10,000 in property taxes for the area—0.001 percent of total property taxes levied in Natrona County in 2022 (WY DOR 2022)—is not a significant impact to local revenues. To the degree that property taxes are incrementally reduced on an annual basis without a corresponding increase in associated PILTs, counties and municipalities in the study area also receive annual local government distributions from the State of Wyoming. These distributions are determined biennially, as a function of per capita sales and use taxes and per capita assessed values; a significant change in assessed value, and ensuing property taxes, would therefore be realized and reflected within the updated biannual local government distribution for a given county (2022 WY Session Laws).

Mitigation

No proposed mitigation but the area will be managed consistent with Appendix O of the Casper RMP (the Recreation Management Matrices). Consistent with the approved RMP, in the Casper planning area the BLM will maintain the prescribed setting character of the North Platte River SRMA, including managing social contacts to “middle country” encounters and “front country” encounters, which should also result in net gains in riparian condition and bank stability (Proposed Casper RMP and Final EIS, Chapter 3—Affected Environment, 3-52).

Residual Impacts

There would be nominal residual impacts (approximately $10,000 per year) to the surrounding tax base. The residual impacts due to the land acquisition could include more targeted management of the lands and the fisheries habitat therein.

4.4                        Special Status Animal or Plant Species other than FWS candidate or listed species

Impacts to Special Status Species from the acquisition process are expected to be negligible. As stated in Chapter 2, future management of the area would conform to the Casper and Rawlins RMP decisions including applicable laws, regulations and policy. This process is primarily administrative and would result in no direct impacts, aside from extending the Casper and Rawlins RMPs decisions for Special Status Species on the approximate 36,000 acre parcel and associated wildlife habitats as depicted on Special Status Species Issues Map in Chapter 8 below.

Alternative A, No Action

Under the no action alternative, the BLM would not acquire the private land parcels. Selection of the no action alternative would prevent the parcel from being managed as public lands. The current parcel is private land which controls access to the land, impacting Special Status Species minimally.

Alternative B, Proposed Action

Under this alternative, Special Status Species values on the parcels would be managed in accordance with the approved RMPs. RMP. The parcel would be managed as public lands. Acquiring the parcel will benefit Special Status Species. Acquisition of these lands could provide for the continued maintenance of BLM special Status Species habitat that may inhabit the area.

Cumulative Impacts

The addition of 8 miles of river with approximately 36,000 acres of up lands would add to the habitats under public ownership in the area, expanding the Special Status Species habitats that could be placed under the pertinent RMP. Blocking up of publics lands could lead to more efficient management of these habitats adding cumulatively to the areas habitat availability for these species.

Mitigation

No proposed mitigation.

Residual Impacts

The residual impacts anticipated due to the change in ownership would include continued management of Special Status Species habitats under the BLM’s multiple use and sustained yield mandate.

4.5                        Threatened, Endangered or Candidate Animal or Plant Species

Impacts to Threatened, Endangered or Candidate Animal or Plant Species from the acquisition process are expected to be negligible. As stated in Chapter 2, future management of the area would conform to the Casper and Rawlins RMP decisions including applicable laws, regulations and policy. This process is primarily administrative and would result in no direct impacts, aside from extending the Casper and Rawlins RMPs decisions for Threatened, Endangered or Candidate Animal or Plant Species onto the approximate 36,000 acre parcel and associated wildlife habitats as depicted on T&E Species Issues Map in Chapter 8 below.

Alternative A, No Action

Under the no action alternative, the BLM would not acquire the private land parcels.. Selection of the no action alternative would prevent the parcel from being managed as public lands. The current parcel is private land which controls access to the land, impacting Threatened, Endangered or Candidate Animal or Plant Species minimally.

Alternative B, Proposed Action

Under this alternative, Threatened, Endangered or Candidate Animal or Plant Species values on the parcels would be managed in accordance with the approved RMPs. RMP. The parcel would be managed as public lands and acquiring the parcel will benefit Threatened, Endangered or Candidate Animal or Plant Species. Acquisition of these lands could provide for the continued maintenance of Threatened, Endangered or Candidate Animal or Plant Species habitat that may inhabit the area.

Cumulative Impacts

The addition of 8 miles of river with approximately 36,000 acres of up lands would add to the habitats under public ownership in the area, expanding the Threatened, Endangered or Candidate Animal or Plant Species habitats that could be placed under the pertinent RMP. Blocking up of public lands could lead to more efficient management of these habitats adding cumulatively to the habitats available for these species.

Mitigation

No proposed mitigation.

Residual Impacts

The residual impacts anticipated due to the change in ownership would include continued management of Threatened, Endangered or Candidate Animal or Plant Species habitats under the BLM’s multiple use and sustained yield mandate.

4.6                        Wildlife

Impacts to wildlife from the acquisition process are expected to be negligible. As stated in Chapter 2, future management of the area would conform to the Casper and Rawlins RMP decisions including applicable laws, regulations and policy. This process is primarily administrative and would result in no direct impacts, aside from extending the Casper and Rawlins RMPs decisions for wildlife onto the approximate 36,000 acre parcel and associated wildlife habitats.

Alternative A, No Action

Under the no action alternative, the BLM would not acquire the private land parcels. Selection of the no action alternative would prevent the parcel from being managed as public lands. The current parcel is private land which controls access to the land, impacting wildlife minimally.

Alternative B, Proposed Action

Under this alternative, wildlife values on the parcels would be managed in accordance with the approved RMPs. The parcel would be managed as public lands and acquiring the parcel will benefit wildlife. Acquisition of these lands could provide for the continued maintenance of BLM wildlife habitat that may inhabit the area.

Cumulative Impacts

The addition of 8 miles of river with approximately 36,000 acres of up lands would add to the habitats under public ownership in the area, expanding the special status species habitats that could be placed under the pertinent RMP. Connecting public lands into larger blocks could lead to more efficient management of these habitats adding cumulatively to the habitats available for these species.

Mitigation

No proposed mitigation.

Residual Impacts

The residual impacts anticipated due to the change in ownership would include continued management of wildlife habitats under the BLM’s multiple use and sustained yield mandate.

4.7                        Wildlife – Aquatic Invasive Species

Alternative A, No Action

Under this alternative, the lands would not be acquired, and operations and management would continue as is. Current and future management and monitoring pertaining to AIS on private land under private ownership is unclear.

Alternative B, Proposed Action

Under this alternative, the lands would be acquired, and the fisheries and streams would be managed in accordance with Casper and Rawlins approved RMPs.

The North Platte River draws users from out of state which could increase the chance of AIS introduction. The primary means of AIS introduction is via watercraft. This proposed action does not include installation of additional boat ramps or boating access points. All existing access points and ramps are properly signed and monitored by the Wyoming Game and Fish Department. Individuals who recreate in Wyoming waterways are subject to the AIS requirements set forth by the Wyoming Game and Fish Department. Therefore, increased risk of AIS introduction via watercraft due to this land acquisition is minimal to non-existent.

Cumulative Impacts

Cumulative impacts from the land acquisition to AIS is minimal as the acquisition does not increase access points for watercraft that do not already exist.

Mitigation

None

Residual Impacts

There will be no residual impacts as the acquisition does not increase risks of AIS spread through the primary means of watercraft introductions.

4.8                        Wildlife – Fisheries

Alternative A, No Action

Under this alternative, the lands would not be acquired, and operations and management would continue as is. Future management of the fisheries habitat under private ownership is unclear.

Currently, there are privately owned reaches of the North Platte River in this area where boats are not legally allowed to anchor, and the public is not legally allowed access to bank fish. These areas could serve as a type of fish “safe haven” where fish see less angling pressure. This is a direct beneficial impact to sport fish on the property.

Habitat monitoring and improvement are managed by the private landowner. Any monitoring or reclamation efforts that occur will be conducted by the private landowner. It is unknown if anything pertaining to this will occur under current or future private landownership.

Alternative B, Proposed Action

Under this alternative, the lands would be acquired and the fisheries and streams would be managed in accordance with Casper and Rawlins RMPs.

In addition to their ecological importance, fish are a valuable resource for humans. Management actions that impact access to this resource for recreational use by the public would be a direct impact on fisheries management (Proposed Casper RMP and Final EIS, Chapter 4—Environmental Consequences, 4-94).

There are possible direct adverse impacts to fish due to increased and/or prolonged fishing pressure throughout the North Platte River reach on the property. The newly acquired land would now be legally accessible to bank fishing. Anchoring in these reaches would also now be legal. This could result in increased and/or prolonged fishing pressure in reaches of the North Platte River that had previously been legally inaccessible to anchoring and wade fishing by the public.

Direct beneficial impacts to fisheries habitat could be seen due to BLM Casper and Rawlins RMP requirements for riparian and rangeland health standards. These standards require all perennial and intermittent lotic riparian systems on BLM administered land to meet Proper Functioning Condition (PFC). If PFC is not met, management actions must be taken to improve the habitat so that it is trending upward or meeting the PFC standards. This would further create direct beneficial impacts to fisheries habitat due to the BLMs ability to implement stream and riparian habitat improvement projects on BLM administered land including the newly acquired lands.

Furthermore, the direct beneficial impacts to fisheries could be seen due to BLM habitat monitoring. The BLM will be able to monitor the tributaries in this area using PFC and/or Aquatic Assessment, Inventory, and Monitoring (AIM) protocols. The information gained through monitoring will be used to inform management decisions and identify habitat projects in a way that best improves overall habitat quality.

There is the possibility of indirect adverse impacts to water quality due to increases in soil disturbance because of increases in off-highway vehicle (OHV) use on the property. Increased rates at which sediment is transported to and through streams increases deposition in the streams and could adversely impact fish abundance by decreasing the potential for them to naturally reproduce. Increased sediment can also lead to channel degradation and increased stream temperature.

Cumulative Impacts

The acquisition of 8 miles of the North Platte River and 36,000 acres of upland will further add to the BLM’s ability to manage and improve fisheries habitats by improving and stabilizing the tributaries to the river. This increase will offset the current recreational uses and developments in the area and allow for better management of this important habitat.

Mitigation

The BLM will be required to manage the rangeland in accordance with the Casper and Rawlins approved RMPs, which should result in net gains in riparian condition and bank stability (Proposed Casper RMP and Final EIS, Chapter 3—Affected Environment, 3-52).

Residual Impacts

The residual impacts due to the land acquisition could include better management of the lands and the fisheries habitat.

Chapter 5         

Agencies, Individuals, Organizations, or Tribes Consulted

State of Wyoming Agencies including:

Department of Agriculture,

Department of Environmental Quality,

Office of State Lands and Investments,

State Historic Preservation Office,

State Parks & Cultural Resources,

Wyoming Game & Fish Department,

Wyoming State Geological Survey,

Carbon County Board of Commissioners

Natrona County Board of Commissioners

Chapter 6         

List of Preparers

Jennifer Weber	Senior Realty Specialist	Project Lead - past
Mike Robinson	Planning and Environmental Coordinator	Project Lead - present
Cullen Hardy	Recreation Planner	Preparer
Sara Bassett	Wildlife Biologist	Preparer
Matthew Chappell	Recreation Planner	Preparer
Mike Mischke	Fisheries Biologist	Preparer

 

Chapter 7         

Literature Cited

CITATIONS

“Conserving Wildlife - Serving People.” Wyoming Game and Fish Department - Aquatic Invasive Species Prevention, Wyoming Game and Fish Department, Dec. 2014, https://wgfd.wyo.gov/Fishing-and-Boating/Aquatic-Invasive-Species-Prevention.

Wyoming Game and Fish Department Fish Division, Cheyenne, WY, 2020, pp. 17–32, Annual Fisheries Progress Report on the 2020 Work Schedule Regional and Statewide Aquatic Wildlife and Habitat Management.

United States, Congress, Casper Field Office. Proposed Resource Management Plan and Final Environmental Impact Statement for the Casper Field Office Planning Area, 1 of 2, U.S. DOI BLM Casper Field Office, Dec. 2007, pp. 3–51-4–93.

Chapter 8                     

Appendices

 

Appendix A

INTERDISCIPLINARY TEAM ANALYSIS RECORD CHECKLIST
Project Title:	Marton Ranch LWCF Acquistion
ePlanning Number:
File/Serial Number:	WYW191415
Project Lead:	Jennifer Weber
Project Description	Proposed LWCF Land Acquisition
Determination of STAFF: (Choose one of the following abbreviated options for the left column based on your assessment of the project on your resource from the EA Preliminary Issues Worksheet.)
NP = [Not Present] not present in the area impacted by the proposed or alternative actions.
NI = [Not Impacted] present, but not affected to a degree that detailed analysis is required.
PI = [Present and Impacted] present with potential for impact that needs to be analyzed in detail in the EA.
Specialist will sign when either determination is NP/NI or after EA is reviewed/written for PI.
RESOURCES / CONCERNS and CRITICAL ELEMENTS
Resource	Determination	Rationale for Determination	Signature	Date
Air Quality and Visibility	NI	The proposed action does not entail any construction, disturbance or development. It is just the acquisition of property. Therefore no impacts to either of these resources.	/s/ Mike Robinson	12/16/2021
Energy	NP	No renewable resources are existing or proposed within the area of analysis.	/s/ Brian Halbert	1/25/2022
Environmental Justice	NP	According to the PROPOSED Resource Management Plan and FINAL Environmental Impact Statement for the Casper Field Office Planning Area, sections 3.8.4 and 4.8.4 "While minority and low-income populations exist in the planning area, no particular BLM actions proposed in any of the alternatives are identified as causing disproportionate adverse impacts on these populations." Further, while the land acquisition contributes to the enhancement of public access to public land, waters, and resources, the area within the SRMA is remote; has no recreation infrastructure developments; and access to the river is limited by the topography and lengthy, difficult to use trails.	/s/ Karsyn Lamb	3/13/2023
Farmlands (Prime or Unique)	NP	No farmlands exist within the project area	/s/ Matt Roberts	12/10/2021
Floodplains	NI	The process is just land acquisition and no surface disturbance is anticipated with the project.	/s/ Shane Evans	12/10/2021
Forestry	NP	Forestry resources are very limited on the land that is proposed to be acquired. The small pockets of timber that do exist are largely inaccessible and on ground that would be inoperable for logging equipment. Furthermore, simply acquiring the land would cause no impact to the forestry resource. There is a slight change that future decisions could have an impact, but it would likely be small in scale.	/s/ Casey Cheesbrough	1/28/2022
Fuels / Fire Management	NI	Although potential exists down the road for environmental impacts related to fire management and fuels due to possible increased fire occurrence, potential vegetation treatments etc… Most are not directly tied to the actual acquisition of the lands. Effects would be analyzed for specific decisions regarding increased public presence (potential for more fire occurrence), vegetation treatments etc. A positive impact would be an increased availability of strategic options due to more contiguous acres and increased distance between fire starts and private lands. However, the actual strategic and tactical decisions regarding management of a future wildfire will be evaluated and documented in the Wildland Fire Decision Support System (WFDSS) and will involve the appropriate specialists at the time of the fire. Again, acquisition of the land doesn't necessarily cause the environmental effect, a future decision regarding management of a wildfire does. For these reasons the proposed activity does not cause significant impacts to fire/fuels management.	/s/ Casey Cheesbrough	1/28/2022
Geology	NI	The conversion of the surface estate to federally owned land will not have an impact on the geology of the area.	/s/ Matthew Clark	2/4/2022
Greenhouse Gasses and Climate Change	NI	The proposed action does not entail any construction, disturbance or development. It is just the acquisition of property. Therefore no impacts to either of these resources.	/s/ Mike Robinson	12/16/2021
Ground Water	NI	The process is just land acquisition and no surface disturbance is anticipated with the project.	/s/ Shane Evans	12/10/2021
Heritage Resources	NI	Cultural resources are present in the project area, but will not be impacted by the land acquisition. There will be no ground disturbance on this project.	/s/ Kelly Jo Jackson	12/13/2021
Historic Trails	NP	There are no known historic trails located in or within 3miles of the project area.	/s/ Kelly Jo Jackson	12/13/2021
Invasive, Non-native Species	NI	According to the proposed action, once the property is acquired, the BLM would manage the property in the same way as the surrounding BLM administered public lands as detailed in the Casper RMP.	/s/ Matt Roberts	12/10/2021
Lands and Realty	NI	The following are existing authorizations found in the CFO jurisdiction within the analyzed area of the proposed action: Pipelines WYC0039592 and WYW0266530; Powerlines WYW034562, WYW047611, WYW101869 Road WYW191502 The proposed action will not impact the resource.	/s/ Brian Halbert	1/25/2022
Leasable Minerals	NI	The conversion of the surface estate to federally owned land will not have an impact on the leasable mineral estate.	/s/ Matthew Clark	2/4/2022
Livestock Grazing	NI	According to the proposed action, once the property is acquired, the BLM would manage the property in the same way as the surrounding BLM administered public lands as detailed in the current RMPs.	/s/ Matt Roberts	12/10/2021
Locatable Minerals	NI	The conversion of the surface estate to federally owned land will not have an impact on the locatable mineral estate.	/s/ Matthew Clark	2/4/2022
Native American Religious Concerns and Traditional Cultural Properties	NI	No known TCP's are located in the project area at this time.	/s/ Kelly Jo Jackson	12/13/2021
Paleontology	NI	No ground disturbance means the PFYC 3-5 formations will not be affected by this action, however the possibility for collection of scientifically significant fossils on BLM PFYC 3-5 formations by the public would require a paleontology inventory.	/s/ Deandra De Los Santos	1/24/2022
Public Health and Safety	NI	The proposed action will not impact this resource.	/s/ Art Terry	12/15/2021
Rangeland Health Standards and Guidelines	NI	Proposed action will not affect rangeland health conditions	/s/ Matt Roberts	12/10/2021
Rangeland Management	NI	According to the proposed action, once the property is acquired, the BLM would manage the property in the same way as the surrounding BLM administered public lands as detailed in the current RMPs.	/s/ Matt Roberts	12/10/2021
Recreation	PI	The proposed action will impact recreation. Analysis in the EA.	/s/ Cullen Hardy	12/9/2021
Saleable Minerals	NI	The conversion of the surface estate to federally owned land will not have an impact on the salable mineral estate.	/s/ Matthew Clark	2/4/2022
Socio-Economic	PI	The proposed action does not entail any construction, disturbance or development. However, the related tax base of the county has been altered in the transfer of land ownership, constituting a new socioeconomic affected environment that should be analyzed to reflect any potential trends associated with differing management alternatives as proposed in the EA. Also, because there is increased access and ensuing impacts on recreation and wildlife/fish, which contribute to the socioeconomics of the area, sufficient SE narrative framed around PILT and property taxes would still incorporate findings from other resource impacts to accurately paint the picture of how the land's value would evolve with the acquisition.	/s/ Karsyn Lamb	3/2/2023
Soils	NI	According to the proposed action, once the property is acquired, the BLM would manage the property in the same way as the surrounding BLM administered public lands as detailed in the current RMPs.	/s/ Matt Roberts	12/10/2021
Special Management Areas including ACECs, WSAs, ERMAs, SRMAs.	NI	Impacts to the North Platte SRMA will be minimal with this proposed action. If parcel is acquired all applicable lands will be managed accordingly to the current SRMA.	/s/ Cullen Hardy	12/13/2021
Special Status Animal or Plant Species other than FWS candidate or listed species	PI	The Marton Land Acquisitions is within Bald Eagle Feeding Concentration, Priority Habitat Management Area, 4 occupied Sage-grouse leks, Sage-grouse winter habitat, White-tailed prairie dog colonies, numerous raptor species, Mountain Plover, and Swift Fox which have been documented in the area. Various sagebrush, grassland, and riparian/wetland obligate species could also be impacted. Impacts to these wildlife species would be caused by overall increase in activities due to public access. These impacts include species avoidance to high traffic areas for recreational use, flushing of wildlife from mating and nesting areas, increase in invasive and non-native weeds.	/s/ Sara Bassett	12/15/2021
Surface Water	NI	The process is just land acquisition and no surface disturbance is anticipated with the project.	/s/ Shane Evans	12/10/2021
Threatened, Endangered or Candidate Animal or Plant Species	PI	The Marton Land Acquisitions falls within the Black-footed ferret (Endangered) reintroduction area. This area is considered to be an experimental/ non-essential population. The Platte River Species Area of Influence (AOI) contains critical habitat for T&E species. Impacts to these species could be increase in activities which would cause avoidance, increase in stress to a T&E species which could decrease reproduction, and flushing of T&E species from critical habitats.	/s/ Sara Bassett	12/15/2021
Transportation	NI	County Road 404 and County Road 405 traverse the lands within the analyzed area of the proposed action. The proposed action will not significantly impact the resource.	/s/ Brian Halbert	1/25/2022
Travel Management	NI	Existing routes acquired with this proposed action will fall under current RMPs management objectives until travel management planning is completed.	/s/ Cullen Hardy	12/13/2021
Vegetation	NI	According to the proposed action, once the property is acquired, the BLM would manage the property in the same way as the surrounding BLM administered public lands as detailed in the current RMPs.	/s/ Matt Roberts	12/10/2021
Visual Resources	NI	There will be no impact to visual resources from the proposed action.	/s/ Cullen Hardy	12/13/2021
Wastes (hazardous or solid)	NI	The proposed action will not impact this resource.	/s/ Art Terry	12/15.2021
Water	NI	The process is just land acquisition and no surface disturbance is anticipated with the project.	/s/ Shane Evans	12/10/2021
Water Quality (Prime or Sole Source Drinking Water)	NP	No prime or sole source drinking water within the project area.	/s/ Shane Evans	12/10/2021
Wetlands and Riparian Zones	NI	The process is just land acquisition and no surface disturbance is anticipated with the project.	/s/ Shane Evans	12/10/2021
Wild and Scenic Rivers	NP	According to Decision #7079 in the Casper FO RMP, none of the six eligible waterways located in the field office are recommended as suitable for inclusion in the National Wild and Scenic River System.	/s/ Cullen Hardy	12/9/2021
Wilderness Characteristics	NI	The Casper FO RMP states: Survey for, identify, and protect lands of wilderness quality as an alternative that was considered but eliminated from detailed analysis. Per CFO management, staff will still continue completing inventories for lands that are identified as having potential for LWC.	/s/ Cullen Hardy	12/14/2021
Wildlife	PI	Mule deer, elk, and pronghorn antelope are known to use the parcel throughout the year. Crucial Big Game Wintering Habitat for pronghorn antelope and mule deer exist in portion of the parcel. Big-game, non-game, small-game, furbearing, and predatory animals are known to exist in the area. Overall increase in public access can impact wildlife presence. Increase in vehicles and recreational activity could cause increase spreading of non-native and noxious weeds.	/s/ Sara Bassett	12/15/2021

 

 

Appendix B, Maps

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^[1] See Order at page 1. This appeal was docketed as number IBLA-2022-0218.

^[2] See the State of Wyoming’s Statement of Reasons (SOR) dated July 15, 2022. In their SOR, the State of Wyoming raised several issues related to NEPA compliance and public participation, including: (1) impacts of the Marton Ranch acquisition on the recreational setting of the North Platte River Special Recreation Management Area, (2) indirect impacts of the acquisition on fisheries and aquatic invasive species, (3) cumulative effects, and (4) involvement of State, local governments, and the public in the BLM’s NEPA compliance process. The BLM will seek to redress those issues in this EA.

Listening to too much Prince? Parlor Pink Insurrectionist? Trump red with reservations? A surprising look for a January 6 Insurrectionist.

 #FBIWFO released photos of this woman who allegedly participated in the U.S. Capitol riots on January 6, 2021. If you recognize her, call 1-800-225-5324 or visit http://tips.fbi.gov to submit a tip. Refer to photo 537 in your tip.

10:02 AM · Apr 27, 2023

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1.4M

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Wednesday, April 28, 1943. Lost ships.

The Chichibu Maru (秩父丸) renamed Kamakura Maru was sunk by the submarine USS Gudgeon resulting in 2,035 of the 2,500 passengers, soldiers and civilians, loosing their lives.

No. 14 (Arctic) Commando began a raid on Haugesund Norway's shipping.  The seven man team would sink one ship before being captured. They all ultimately perished, six being executed under the Commando Order and a seventh dying of typhus while a prisoner.

From Sarah Sundin's blog:

Today in World War II History—April 28, 1943: Atlantic convoy ONS-5 begins battle with U-boats: by May 6, six U-boats and thirteen Allied ships will be sunk; a turning point in the Battle of the Atlantic.

Saturday, April 28, 1923. Measuring

The Saturday magazines were out.

The SS Deutschland was launched. The passenger ship of the Hamburg American line would go into Kreigsmarine service in 1940 as an accommodation ship.  In 1945 she was converted to a hospital ship but insufficient paint existed in order to paint her entirely white.  She was sunk in May 1945.

Wembley Stadium hosted its first event.

McGreen & Harris, 4/28/23

Williams ran a wordless classic.

"Grandstanding for the public does not sway judges or win court cases — strong legal arguments do."

Lex Anteinternet: Lex Anteinternet: Chuk Gray again attempts to int...: the Attorney General and Governor tell him to go back to his office and do his job. Our last entry on the far fight wing populist who clearl...

And today an open debate has spilled on to the pages of the Tribune, as Secretary of State Gray, who normally likes to accuse the media of having a radical leftist agenda, texted the Trib with his supposed rationale as to why he should be admitted to the suit, which include distrusting Attorney General Hill to fully represent the wishes of the residents of the State against "the radical left".  He also uses the thin excuse that he has taken an oath to the Constitution and its laws, which of course every state official has.  That oath provides, pursuant to Wyoming's constitution:

Senators and representatives and all judicial, state and county officers shall, before entering on the duties of their respective offices, take and subscribe the following oath or affirmation:  “I do solemnly swear (or affirm) that I will support, obey and defend the constitution of the United States, and the constitution of the state of Wyoming;  that I have not knowingly violated any law related to my election or appointment, or caused it to be done by others;  and that I will discharge the duties of my office with fidelity."

Governor Gordon's point is that intervening as the Secretary of State in an action in which the Governor is a named defendant is not part of Gray's duty to "discharge the duties of [his] office.", which of course it absolutely is not.

Gray maintained his distrust against Hill stems from the failed suit against Washington over coal ports, something we noted was a doomed effort at the time.

Governor Gordon accused Gray of grandstanding and stated what was quoted above; "Grandstanding for the public does not sway judges or win court cases — strong legal arguments do". Gordon also defended Hill and said the blame, for the coal port suit, was if anything the fault of a "Trump appointed" solicitor.  I'd place the blame on the effort clearly not being supported by the law, which is also the case for Gray's attempted intervention in this suit failing.

Gray's effort here is, at best, misguided, and at worst, an effort at political grandstanding as Gordon suggests.  That Gray, who probably has no interest in the real work of the Secretary of State's office and every interest in remaining in the spotlight to advance himself, would clash with Gordon was inevitable, as Gray clearly intends to be the far right, populist Governor of a state that he moved into just slightly before starting to seek office.  If a Democrat used this office this way, people in Gray's camp would scream that he should be impeached.

Blog Mirror: 870: On Reading Sigmund Fraud

This is linked in from the Dumbest Blog Ever, which we have linked in in our General Interest blog categories but, while most of the enteries there are a certain species of satire, this one is not:

870: On Reading Sigmund Fraud

Well worth reading, and spot on.

Adoption in the past

This is, I admit, inspired by some Twitter outrage about an outrageous comment by a Congressman who is not a serious person.  I'm not going to engage in that topic, as people who are not serious people, do not deserve to be taken seriously.

Rather, I started to wonder how many people, say before 1950, and then again before 1900, grew up in a household where at least one of their parents was not their "natural born parent".

I know of nobody in my family, but I'll bet it's incredibly common.  And for that matter, as my mother came from Quebec, chances are really high that part of our ancestry stems from orphans on the Coffin Ships.  No formal adoption of such orphans was ever done.  It wasn't even really possible.  The Parish Priest just told the Québécois Parishioners that ships were coming in from Ireland, and there would be orphans on them, as their parents would have died crossing the Atlantic. They just went down to the docks and took them home, raising them as their own.  They were French, the children were Irish, but more than anything, they were all Catholic.  Their parentage would not have been kept secret from them, probably, but over time, with French surnames, Irish ones forgotten, nobody would have remembered.

Indeed, while I have some French ancestry, my DNA tracks back nearly 100% to Ireland, even though I know that I have German and French ancestors.  

Chances are high . . . 

Lex Anteinternet: Chuck Gray again attempts to intervene in abortion lawsuit, and . . .

the Attorney General and Governor tell him to go back to his office and do his job.

Our last entry on the far fight wing populist who clearly wants to use his clerical office as a springboard to something else:

Lex Anteinternet: Chuck Gray again attempts to intervene in abortion...: along with some legislators. The legislators make sense, as they were backers of the bill under consideration. Chuck does not, as he left th...

The AG and the Governor have filed a brief opposing his attempt to be an intervenor in the abortion suit, which states, amongst other things:

In his official capacity, Secretary of State Gray cannot intervene in this case unless a Wyoming statute authorizes him to do so.

Gray actually hired a nephew of Congressman Hageman, also a lawyer, to work in his office, after dissing his primary opponent for being a lawyer. Some lawyerly review might be well received now, including what the duties of his elective office actually are.

It might be considered here by those supporting the law that Gray's intervention, while probably helping to keep Gray in the spotlight, likely don't do much to help  the cause of the bill.

Friday, April 27, 1973. The removal of the Chagossians. Fall of Patrick Gray.

The United Kingdom concluded the forced expulsion of the Chagossians from the Chagos Archipelago.

The extremely remote mid-ocean Indian Ocean islands were originally uninhabited, but came to have a population when under French administration. The original population was enslaved, and brought by the French from Madagascar and other African locations.  They were emancipated in 1840, the islands having belonged to the United Kingdom since 1814.  They were employed as workers on coconut plantations, that being the primary economy of the islands.

The British depopulation campaign was undertaken for the United States, which sought to use the islands for military purposes.  The best known of the islands is Diego Garcia, which remains a U.S. Naval installation.

L. Patrick Gray resigned as Interim Director of the FBI after it was revealed he destroyed materials removed from E. Howard Hunt's safe.  He spent the next seven years providing testimony regarding Watergate.

Gray was a 1940 Naval Academy graduate who attended law school while still in the Navy.  His naval career was distinguished, and he was discouraged from leaving the service when he did in 1960, meaning that at that time he'd had a twenty-year Naval career.

He was a recent appointee to the FBI when the Watergate scandal broke out.  Initially he was heavily involved in the investigation and pursued it vigorously. When it became clear the administration was involved, he turned the matter over to his deputy, Mark Felt, who later turned out to be the famous leaker to the press, "Deep Throat".

According to Gray, who does seem to have had no involvement with the Watergate conspiracy or its cover up, the papers he removed were told to him to be of national security significant.  Prior to destroying them, he examined them, and later stated that one set of papers were "false" secret cables indicating that the Kennedy Administration was involved with the Diem assassination and the second set papers written by Kennedy about his "peccadilloes". 

Tuesday, April 27, 1943. Hill 609.

The Battle of Hill 609 commenced, in which the U.S. II Corps took on and defeated the Afrika Korps in the first clear-cut US victory against the European Axis of World War Two. The II Corps in Tunisia by that time was commanded by Omar Bradley.

Bradley entered the military only due to the education opportunity West Point afforded, having originally intending to go to the University of Missouri to study law.  Born into poverty, with his father dying when he was 15, he was employed as a boilermaker prior to entering West Point. Taking the admittance examination was suggested by a Sunday School teacher.  An excellent athlete, he was offered positions in professional baseball while in West Point.

Heinrich Himmler directed concentration camps to cease murdering inmates capable of working in order to use them for labor.  The mentally ill incapable of working were moved to priority execution status.

Chindits, 3d Indian Infantry Division, unit patch.

Sarah Sundin notes on her blog:

Today in World War II History—April 27, 1943: Radar-jamming devices become operational in eastern England. British & Indian Chindits cross the Chindwin River in return to India from raids in Burma.

The Chindits were a special long range penetration unit made up of British, Gurkha and Burmese soldiers.  They were officially the 3d Indian Infantry Division.  They were named after lions, using a corruption of the Burmese name for lions, Chinthe (Burmese: ခြင်္သေ့).  Lions are a popular symbol in Burma.  Asiatic Lions do still exist, although we do not tend to think of lions in Africa, but in fact they once had a much wider range.

A tornado hit Akron, Ohio. 

Friday, April 27, 1923. The IRA calls it quits, The Pro Treaty Sinn Finn depart, New Country Club, Harding and Work.

Having already effectively ceased combat operations, as they'd already lost the war, Éamon de Valera announced that the Irish Republican Army was prepared to agree to a ceasefire.

On the same day, Cumann na nGaedheal ("Society of the Gaels) a political party of pro treaty former members of Sinn Féin was formed.  It would merge into Finn Gael in 1933.

For residents of Casper, familiar with the Country Club, the origins of it were in evidence in this day in 1923.

Quite an assortment of other news as well.

And not just in Casper, but all around, it would seem.

The horse jumping over car photograph, probably last popular as horse jumping over Jeep during World War Two, was in vogue.

Jack Prestage on Tipperary in this case.

President Harding, whom we now know should probably have been in a clinic, visited the Tri State Clinic.

Warren G. Harding, who was in the last year of his life, was 57 years old at the time of his death. . . a good 20 years older than Donald Trump is now.  People don't really "live longer", contrary to the common claim, but they don't die as young due to various factors and heart attacks and strokes kill fewer.

Still, It's insane to be electing a President over 70 years of age.  It's questionable, really, to be electing somebody to their first term over 60 which means, if my restrictions mean anything, that I wouldn't be qualified.  I'd do a better job than either of the main candidates, I'm quite certain, which disqualifies me to start with, but age ought to.

In this photo, Harding didn't really look well.

And the guy third second from his left, as viewed, looks annoyed.

Huber Work accepted a resolution from his postal clerks.

Blog Mirror: President Biden's Push to Make Things In America Again

This is really a major political and economic development, but it hasn't received much press:

President Biden's Push to Make Things In America Again

Monday, April 26, 1943. Intrepid launched.

 

USS Intrepid in 1944.

The USS Intrepid was launched in Newport News.  The aircraft carrier would serve throughout World War Two and two following wars, and be decommissioned in 1974. She is a museum ship today, docked in the Hudson in New York, and served as the FBI operations center following the September 11 attacks on New York.

Riots broke out at Uppsala, Sweden between Swedish Nazis and anti-Nazi demonstrators.

Thursday, April 26, 1923. First balls, royal weddings.

President Harding threw the first ball in the Yankees v. Senators game of April 26, 1923.

Note how well dress the crowd is.

The future King and Queen Consort of England, Prince Albert and Lady Elizabeth Bowes-Lyon were married.

Northeastern University in China was founded by warlord and provincial ruler Zhang Zuolin.

Old Northeaster University logo.

Blog Mirror: The real reason Social Security is going broke And how to save it forever!

 

The real reason Social Security is going broke

And how to save it forever!

Blog Mirror. Robert Reich; My upcoming “retirement.”

 

My upcoming “retirement.”

April 25, 1943. Easter

Easter occurred on the latest possible calendar date of the year in 1943, the last time it had done so being April 25, 1886.  This will next occur on April 25, 2038, which I probably won't be around to see in my temporal form.

President Roosevelt attended Easter services at Ft. Riley, Kansas.  His wife Edith was in Los Angeles.

My parents would have attended Easter Mass, assuming they had not the night prior, and likely have enjoyed a celebratory midday Easter meal.

Polish American children in Buffalo, New York, waiting to have Easter baskets of food blessed at their local parish on Easter Saturday. The food was for Easter Sunday.

Wednesday, April 25, 1923. Main Street

It was Warner Brothers first film, and it was released on this date.

Due to nitrate decomposition, all copies of it were tossed out by the company in 1948.

Turkey demanded that the Soviet Union be able to participate in the Conference of Lausanne.

Governor Gordon Calls on Public to Participate in Marton Ranch BLM Comment Period

 

Governor Gordon Calls on Public to Participate in Marton Ranch BLM Comment Period

CHEYENNE, Wyo. - Today, Governor Mark Gordon called for Wyoming citizens to provide comments on the Bureau of Land Management’s (BLM) preliminary environmental assessment (EA) that provides supplemental analysis to the Marton Ranch Acquisition EA. On Friday, April 21, the BLM Casper Field Office released their supplemental analysis of the Marton Ranch purchase and announced a 21-day public comment period, closing Friday, May 12, 2023.

This announcement by the BLM is a result of a settlement agreement between Wyoming and the BLM following the BLM’s purchase of the 35,670-acre Marton Ranch. The State of Wyoming appealed the BLM’s decision with the Department of Interior’s Interior Board of Land Appeals (IBLA) in June 2022 and reached a settlement with the BLM and IBLA in October 2022. The BLM agreed to provide additional opportunities for state agencies and public comments and supplement its environmental analysis. 

“Embracing multiple use principles, which in this case includes increased public access, on public lands has many benefits to the public and Wyoming. That is why I did not oppose this project but opposed the process used. Meaningful public input and environmental analysis are critical steps in any federal land acquisition process, and this public comment period is necessary to fulfill the agreement between the BLM and the State of Wyoming,” Governor Gordon stated. “I encourage interested members of the public to take advantage of this time to be involved. I also appreciate the cooperation and communication with the Wyoming and Casper BLM offices, who have ensured our state agencies were consulted during the supplemental analysis. I look forward to the future land-use planning process and seeing what opportunities the future of this land may hold.” 

From the BLM’s announcement: Comments will be accepted in writing or through the BLM’s ePlanning website linked below. To review the preliminary EA or to submit comments, visit https://eplanning.blm.gov/eplanning-ui/project/2018049/510. Hard copy comments can be mailed or hand-delivered to the BLM Casper Field Office, Attn: Mike Robinson, 2987 Prospector Dr., Casper, WY 82604. For more information, please call the Casper Field Office at (307) 261-7600.

Tuesday, April 24, 1973. Inyan Kara added to the National Registry of Historic Places.

Today In Wyoming's History: April 24: 1973  Inyan Kara added to the National Registry of Historic Places.

Saturday, April 24, 1943. Departures.

Today In Wyoming's History: April 24: 1943  John Osborne, Wyoming's governor from 1893 to 1895, died.

Osborne, a physician by trade, had been Governor from 1893 to 1895, in the wake of the Johnson County War.  He became Wyoming's Congressman in 1897, and occupied that position until 1899.  He later was an Assistant Secretary of State under Woodrow Wilson.

While Governor, he eccentrically chose a state seal for the state which did not comport with the one that the legislature thought it had, and in fact it caused consternation for featuring a topless allegorical female figure, something not uncommon on seals at the time.

The New York Fire Department saved the port from blowing up after the munitions ship El Estero caught fire, by towing the vessel out some distance and pouring so much water on it that it sank.  Had it exploded, the chain reaction explosions would have been devastating.

Gen. Kurt von Hammerstein-Equord died of cancer.  The former commander of the Reichswehr and briefly a commander during World War Two was an outright undisguised opponent of Hitler's who had resigned early during Hitler's administration, but who was recalled to service upon the invasion of Poland.  He invited Hitler to his base on the Polish border with the intent of assisting him, but Hitler never took up the invitation.  He was retired a second time on September 21, 1939, and was active in the German resistance.

Admiral Kenneth Whiting, former submariner and the American "father of the aircraft carrier", died of a heart attack while suffering from pneumonia.  He was 61.

Franklin Roosevelt issued the following Executive Order:

Executive Order 9337—AUTHORIZING THE SECRETARY OF THE INTERIOR TO WITHDRAW AND RESERVE LANDS OF THE PUBLIC DOMAIN AND OTHER LANDS OWNED OR CONTROLLED BY THE UNITED STATES

April 24, 1943

EXECUTIVE ORDER 9337

AUTHORIZING THE SECRETARY OF THE INTERIOR TO WITHDRAW AND RESERVE LANDS OF THE PUBLIC DOMAIN AND OTHER LANDS OWNED OR CONTROLLED BY THE UNITED STATES

April 24, 1943

By virtue of the authority vested in me by the act of June 25, 1910, ch. 421, 36 Stat. 847, and as President of the United States, it is ordered as follows:

Section 1. The Secretary of the Interior is hereby authorized to withdraw or reserve lands of the public domain and other lands owned or controlled by the United States to the same extent that such lands might be withdrawn or reserved by the President, and also, to the same extent, to modify or revoke withdrawals or reservations of such lands: Provided, That all orders of the Secretary of the Interior issued under the authority of this order shall have the prior approval of the Director of the Bureau of the Budget and the Attorney General, as now required with respect to proposed Executive orders by Executive Order No. 7298 of February 18, 1936, and shall be submitted to the Division of the Federal Register for filing and publication: Provided, further, That no such order which affects lands under the administrative jurisdiction of any executive department or agency of the Government, other than the Department of the Interior, shall be issued by the Secretary of the Interior without the prior concurrence of the head of the department or agency concerned.

Section 2. This order supersedes Executive Order No. 9146 of April 24, 1942, entitled 'Authorizing the Secretary of the Interior to Withdraw and Reserve Public Lands'.

FRANKLIN D. ROOSEVELT

THE WHITE HOUSE,

April 24, 1943.

Exec. Order No. 9337, 8 FR 5516, 1943 WL 4090 (Pres.)

This mortar crew was photographed at Camp Carson, Colorado.

These troops are equipped with M1 Carbines, the first carbine issued to American troops since the M1903 Springfield, a short rifle, was first introduced.  Even the appearance of these carbines show that they are brand new.

I don't know the first combat use date for the carbine.  They were already common by the invasion of Sicily, so logic would presume that they saw action in North Africa as well.  Having said that, many artillerymen and mortar men in North Africa carried the M1917 Enfield rifle, so the carbine had not yet taken over its wide role that it later would.

Designed to equip troops other than infantrymen who might still require a firearm, the carbine would end up having enormous production, with more of them being produced than any other American small arm in World War Two.  For many years it was the most mass-produced American arm of all time, but with the long service life of the AR's, that's likely no longer true.  It saw service into the 1970s, in the M2 variant, in reserve units.