43 C.F.R. § 6103.1.2

Current through November 30, 2024
Section 6103.1.2 - Land Health Evaluations and Determinations
(a) Authorized officers shall rely on watershed condition assessments when possible to complete land health evaluations for BLM-managed lands on a periodic basis, at least every 10 years (§ 6103.2).
(b) Authorized officers must determine the priority landscape and appropriate scale for completing land health evaluations based on resource concerns and, as necessary, to support decision-making processes.
(c) Authorized officers must consider available watershed condition assessments and existing land health assessments, evaluations, and determinations in the course of decision-making processes for all program areas.
(d) Land health evaluations interpret watershed condition assessments, including locally relevant high-quality information to draw conclusions about whether land health standards are achieved on public lands. In the course of conducting land health evaluations, authorized officers should:
(1) Consider multiple lines of evidence to evaluate achievement of each standard;
(2) Identify trends toward or away from desired conditions through analysis of high-quality information available over relevant time periods and spatial scales;
(3) Document the rationale and findings as to whether each land health standard is achieved or significant progress is being made towards its achievement; and
(4) Develop an interdisciplinary monitoring plan with quantitative objectives that can be measured to demonstrate significant progress when a land health evaluation report identifies that any standard is not achieved but significant progress is being made towards achievement.
(e) When conducting a land health evaluation, if the authorized officer finds that resource conditions are achieving or making significant progress toward achieving land health standards, no additional land health analysis is needed to authorize a use or permit activities.
(f) When conducting a land health evaluation, if the authorized officer finds that resource conditions are not achieving or making significant progress toward achieving land health standards, a documented causal factor determination must be prepared as soon as practicable but no later than 1 year after completion of the land health evaluation identifying the nonachievement. Causal factor determinations use available data to identify significant causal factors and describe contributing causal factors or conditions leading to non-achievement of standards.
(1) If the authorized officer determines sufficient information exists to identify and address the significant causal factors preventing resources from achieving or making significant progress towards achieving land health standards, no further land health analysis is required to address such factors.
(2) If the authorized officer determines insufficient information exists to identify and address the significant causal factors preventing resources from achieving or making significant progress to achieving land health standards, additional information, assessment and evaluation may be needed at finer scale.
(3) The authorized officer must take appropriate actions to facilitate achievement or significant progress toward achievement of land health standards as soon as practicable, unless otherwise specified in the land use plan, or when significant causal factors are outside of BLM control (e.g., lack of streamflow due to dewatering on connected lands not administered by the BLM).
(4) To the extent existing grazing management practices or levels of grazing use on public lands are identified as significant causal factors preventing resources from achieving or making significant progress towards achieving land health standards, authorized officers must proceed under § 4180.2(c) of this chapter. by taking appropriate action as soon as practicable but no later than the start of the next grazing year.
(5) Taking appropriate action means implementing actions that will result in significant progress toward achieving land health standards. Appropriate action must be consistent with applicable law, regulation, and the governing land use plan and its management objectives, such as where an area is managed for recreation or is degraded land prioritized for development. Appropriate actions may include, but are not limited to:
(i) Establishment or modification of terms and conditions for permits, leases, and other use authorizations;
(ii) Development and implementation of activity plans;
(iii) Implementation of adaptive management actions; and
(iv) Control of unauthorized use.
(g) Upon determining that significant causal factors other than current management practices are preventing achievement of land health standards, but are not outside of BLM control (e.g., presence of invasive species), the authorized officer shall identify and prioritize appropriate actions that may result in significant progress toward achievement of land health standards (see§ 6102.5).
(h) Subject to other applicable law, authorized officers may implement restoration plans, modify authorized uses, or implement other management actions to increase expediency and effectiveness of progress towards achieving land health standards, to protect areas achieving land health standards, or to meet other objectives.
(i) If current authorized uses are determined to be significant causal factors and the authorized officer determines appropriate action is needed, then appropriate action must be consistent with the governing land use plan. Changes to some types of authorized uses may first warrant an amendment to the land use plan to allow the authorized officer to adjust those uses sufficient to make progress toward meeting land health standards. However, whether to undertake a planning process is at the discretion of the authorized officer.
(j) Authorized officers will report annually on land health evaluation, and determination accomplishments; results; and actions taken to address areas not achieving or making progress toward achieving standards.
(k) The BLM will maintain and annually update a publicly available record of land health evaluation and determination results and management actions taken to facilitate progress toward achieving land health standards.

43 C.F.R. §6103.1.2

89 FR 40339 , 6/10/2024