United States Department of the Interior

BUREAU OF LAND MANAGEMENT

Carson City Field Office

5665 Morgan Mill Road

Carson City, Nevada 89701

775-885-6000

http://www.nv.blm.gov

In Reply Refer To:

4700

(NV-032)

FINDING OF NO SIGNIFICANT IMPACT

AND

DECISION RECORD

Pilot Mountain Herd Management Area

Capture Plan and Environmental Assessment

NV-030-04-20

Finding of No Significant Impact

Based on the analysis of Environmental Assessment NV-030-04-20, I have determined that the action will not have a significant effect on the human environment, and therefore, an environmental impact statement will not be required.

Decision

After careful consideration of all comments received it is my decision to authorize the Pilot Mountain Herd Management Area Plan and Environmental Assessment as described in the Proposed Action of EA-NV-030-04-20. This document as well as the associated AML will remain in effect until an analysis of monitoring information indicates they are no longer valid.

Rationale

The Proposed Action meets the criteria described in the Federal Management and Policy Act of 1976 to prevent undue and unnecessary degradation of public land and the 43 CFR 4700 Wild Horse and Burro Regulations. The Proposed Action is in conformance with the Carson City Field Office Consolidated Resource Management Plan (2001) which states that we shall remove excess wild horses and burros to preserve and maintain a thriving natural ecological balance and multiple use relationship. The Proposed Action is also in compliance with all federal, state and local laws regulations and associated planning documents.

After careful consideration of all comments received from the public and a review of potential impacts of the alternatives analyzed in the EA, the selection and implementation of the Proposed Action would result in achieving a thriving natural ecological balance and multiple use relationship within the Pilot Mountain HMA.

Authority

The authority for this decision is contained in Sec. 3(a) and (b) of the Wild-Free Roaming Horse and Burro Act (P.L. 92-195) as amended and Title 43 Code of Federal Regulations (CFR), which states in pertinent parts:

4700.0-6(a): “Wild horses and burros shall be managed as self-sustaining populations of healthy animals in balance with other uses and the productivity of their habitat.”

4710.3-1: States in part that “Herd management areas shall be established for a the maintenance of wild horses and burros herds. In delineating each herd management area, the authorized officer shall consider the appropriate management level of the herd, the habitat requirements of the animals, the relationships with other uses of the public lands and adjacent private lands and the constraints contained in 4710.4.”

4710.4. “Management of wild horses and burros shall be undertaken with the objective of limiting the animals’ distribution to herd areas. Management shall be at the minimum level necessary to attain the objectives identified in approved land us plans and herd management area plans.”

4720.1 States in part that, “Upon examination of current information and a determination by the authorized officer that an excess of wild horses or burros exist the authorized shall remove the excess animals immediately…”

4720.2-1. States in part that, “Upon written request from the private landowner to any representative of the Bureau of Land Management, the authorized officer shall remove stray wild horses and burros from private lands as soon as possible.”

Appeal Procedures

The Record of Decision for the Pilot Mountain Capture Plan and Environmental assessment is placed in Full Force and Effect in accordance with Title 43 of the Code of Federal Regulation at 4770.3(c).

Within 30 days of receipt of this decision you have the right of appeal to the Board of Land Appeals, Office of the Secretary, in accordance with the regulations at 43 CFR 4.400. If an appeal is taken you must follow the procedures outlined in the enclosed Form 1842-1, Information on Taking Appeals to the Board of Lands Appeals. Within 30 days after you appeal, you are required to provide a Statement of Reasons to the Board of Land Appeals and a copy to the Regional Solicitor’s Office listed in item 3 on the form. Please provide this office with a copy of your Statement of Reasons. Copies of you appeal and the Statement of Reasons must be also served upon any parties adversely affected by this decision. The appellant has the burden of proof of showing that the decision is in error.

In addition, within 30 days of receipt of this decision you have the right to file a petition for a stay (suspension) of the decision together with your appeal in accordance with the regulations at 43 CFR 4.21. The petition must be served upon the same parties specified above. The appellant has the burden of proof to demonstrate that a stay should be granted.

_______________________	_____________________________

Date	Daniel L. Jacquet

Assistant Manager

Renewable Resources