1 FORT PECK TRIBES – OLD AIRPORT DEVELOPMENT PROJECT PROGRAMMATIC ENVIRONMENTAL ASSESSMENT (PEA) Old Airport Development Prepared for Fort Peck Tribe P.O. Box 365 Poplar, MT 59255 Prepared by Fort Peck Tribes Tribal Departments And Bureau of Indian Affairs Rock Mountain Regional Office 2021 4th Avenue North Billings, MT 59101 September 2013 Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 2 Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 3 ACRONYMS AND ABBREVIATIONS BIA CATEX CDC CFR EA EDO EIS EO FONSI FPT HUD IAM ISDA NEPA NOA NPDES NRHP PCDD PEA RBOG SWPPP THPO USC USFWS Bureau of Indian Affairs Categorical exclusion community development corporation Code of Federal Regulations environmental assessment economic development office environmental impact statement Executive Order Finding of No Significant Impact Fort Peck Tribe U.S. Department of Housing and Urban Development Indian Affairs Manual Indian Self Determination Act National Environmental Policy Act notice of availability National Pollutant Discharge Elimination System National Register of Historic Places Planned Community Development District programmatic environmental assessment Rural Business Opportunity Grant Stormwater Pollution Prevention Plan Tribal Historic Preservation Office United States Code U.S. Fish and Wildlife Service Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 4 Table of Contents CHAPTER 1. INTRODUCTION ......................................................................................................................9 PROJECT LOCATION ..................................................................................................................................9 PROJECT BACKGROUND ........................................................................................................................10 Fort Peck: The Fort Peck Strategic Land Use and Development Plan....................................................10 Fort Peck Tribal - Old Airport Master Plan ..............................................................................................11 PURPOSE AND NEED ................................................................................................................................11 OVERVIEW OF THE ENVIRONMENTAL REVIEW PROCESS .......................................................................12 REGULATORY CONTEXT ...........................................................................................................................13 CHAPTER 2. PROPOSED ACTION AND ALTERNATIVES ......................................................................17 ALTERNATIVES DEVELOPMENT..........................................................................................................17 NO-ACTION ALTERNATIVE .......................................................................................................................17 PROPOSED ACTION ALTERNATIVE ..........................................................................................................17 CHAPTER 3. AFFECTED ENVIRONMENT ................................................................................................21 INTRODUCTION ........................................................................................................................................21 LAND RESOURCES ...................................................................................................................................22 Climate .....................................................................................................................................................22 Topography ..............................................................................................................................................23 Soils ..........................................................................................................................................................24 WATER RESOURCES..............................................................................................................................24 Surface Water ..........................................................................................................................................24 Water Supply............................................................................................................................................24 Waste Water ............................................................................................................................................24 Groundwater ............................................................................................................................................24 LIVING RESOURCES ..................................................................................................................................25 Wetlands and Riparian Areas ..................................................................................................................26 Special Status Plant Species ....................................................................................................................26 Noxious Weeds ........................................................................................................................................26 WILDLIFE, FISHERIES, AND THREATENED AND ENDANGERED SPECIES .................................................27 COMMON MAMMALS .............................................................................................................................27 BIG GAME AND UPLAND GAME SPECIES ................................................................................................28 CULTURAL RESOURCES .........................................................................................................................37 Cultural Setting ........................................................................................................................................37 Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 5 RELIGIOUS LAWS ......................................................................................................................................40 RESERVATION BACKGROUND..................................................................................................................40 ENVIRONMENTAL CONTEXT ....................................................................................................................41 SOCIOECONOMICS...................................................................................................................................43 Demographic Trends ....................................................................................................................................44 Housing.....................................................................................................................................................44 RESOURCE USE PATTERNS .................................................................................................................44 OTHER VALUES ......................................................................................................................................46 Public Health and Safety ..........................................................................................................................46 Noise and Light .........................................................................................................................................46 Visual ........................................................................................................................................................46 Climate Change.........................................................................................................................................47 CHAPTER 4. ENVIRONMENTAL CONSEQUENCES ...........................................................................49 INTRODUCTION ........................................................................................................................................49 LAND RESOURCES .................................................................................................................................49 No-Action Alternative ..............................................................................................................................49 Proposed Action Alternative ...................................................................................................................50 WATER RESOURCES..............................................................................................................................50 No-Action Alternative ...............................................................................................................................50 Proposed Action Alternative ....................................................................................................................50 LIVING RESOURCES ..............................................................................................................................51 No-Action Alternative ...............................................................................................................................51 Proposed Action Alternative ....................................................................................................................51 CULTURAL RESOURCES ......................................................................................................................51 No-Action Alternative ...............................................................................................................................51 Proposed Action Alternative ....................................................................................................................51 SOCIOECONOMICS ................................................................................................................................52 No-Action Alternative ...............................................................................................................................52 Proposed Action Alternative .....................................................................................................................52 RESOURCE USE PATTERNS .................................................................................................................53 No-Action Alternative ...............................................................................................................................53 Proposed Action Alternative ....................................................................................................................53 OTHER VALUES ......................................................................................................................................53 Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 6 Proposed Action Alternative ....................................................................................................................53 CUMULATIVE IMPACTS .......................................................................................................................54 Water Resources ......................................................................................................................................54 Vegetation and Wildlife ...........................................................................................................................54 Socioeconomics and Environmental Justice ...........................................................................................54 Resource Use Patterns .............................................................................................................................55 IMPACT SUMMARY ..................................................................................................................................55 CUMULATIVE IMPACTS .............................................................................................................................55 Projects Considered ..................................................................................................................................56 CHAPTER 5. CONSULTATION AND COORDINATION .......................................................................57 CHAPTER 6. LIST OF PREPARERS .........................................................................................................59 CHAPTER 7. LITERATURE CITED ..........................................................................................................61 Appendices Appendix A. USFWS Species List - Fort Peck Reservation Appendix B. THPO Letter and Response Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 7 Figures 1. 2. 3. General location of project area. ....................................................................................................... 10 Precipitation Master Plan for the Fort Peck Tribal - Old Airport. ..................................................... 21 Existing Land Use............................................................................................................................. 22 Tables 1-1. Internal Scoping Meetings ................................................................................................................ 16 3-1. 3.2 4-1. Species of Concern Habitat Outside Survey Area ..................................................................... 30 Federally Listed & Candidate Species of FPIR & Roosevelt Co ..................…………….……….32 Impact Summary ............................................................................................................................... 54 Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 8 This page intentionally blank Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 9 CHAPTER 1. INTRODUCTION The Fort Peck Tribes propose to develop 280 acres located within the city limits of Poplar, Montana for business commercial, residential and associated infrastructure eg. access roads, water, power and sewer lines. Fort Peck Tribes priority is economic self-determination and self -sufficiency providing for future generations security and to develop a pride of community and culture. The Fort Peck Tribes strive to create a sustainable, livable community for families and youths on the Fort Peck Indian Reservation. This Programmatic Environmental Assessment (PEA) objective is to analyze the potential environmental impacts to natural and cultural resources potentially susceptible to cumulative impacts from construction, operation, and maintenance of Proposed Action. National Environmental Policy Act (NEPA) requires an analysis of natural and cultural resources which may have the potential to be significantly impacted by the implantation of a federal undertaking. In compliance with NEPA tiering from this PEA would occur as individual environmental assessments (EA) are prepared for proposed economic development projects. Subsequent business projects EAs can tier from this PEA which would provide guidance for future proposed site specific project decision-making and causes no redundancy in analysis of environmental impacts to natural and cultural resources for future EAs. This saves the business proponent time and resources. This PEA describes the Proposed Action and No-Action alternatives, the affected environment, environmental consequences, and mitigation measures. The resource areas analyzed in the PEA includes land resources, water resources, air resources, biological resources (including special status species, wildlife, and vegetation), cultural resources, socioeconomic and environmental justice conditions. An added value is this PEA does provide for the analysis of cumulative impacts associated with the multiple business projects. The Proposed Action requires Bureau of Indian Affairs (BIA) approval of a long-term land development potentially involving sub developments for commercial, institutional, and residential property, to allow both Fort Peck Tribal (FPT) and non-tribal tenants to develop space in the new facilities. This federal action requires the preparation of a PEA in accordance with NEPA, the Council on Environmental Quality Regulations for Implementing NEPA (40 Code of Federal Regulations [CFR] 1500–1508), and the BIA NEPA Guidebook (59 Indian Affairs Manual [IAM] 3-H; BIA 2012). PROJECT LOCATION The area of potential effect for the proposed economic development t is 280 acres owned by the Fort Peck Tribes. The area of potential effect is the old airport area located in Poplar, Montana, legal description, SESW, SWSE, SSESE, NWSE, SSENE, plus SSWNE and NESW South of Medicine Bear Road, Section 6, Township 27 North, Range 51 East. The Fort Peck Tribes own 280 acres adjacent to Highway 2. Potential projects include commercial development, community housing, green space, and a business district that would serve both the existing community and the businesses interrelated with the probable development of mineral resources associated with Bakken oilfield. Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 10 Figure 1. General location of project area PROJECT BACKGROUND Fort Peck: The Fort Peck Strategic Land Use and Development Plan This PEA identifies and analyzes potential environmental impacts associated with the implementation of the Fort Peck Tribes economic development park. This economic development park would enable the city government and tribal government to revitalize the city of Poplar and its immediate surrounding area. Housing shortages for low-income families and a deteriorating downtown, as well as the knowledge that Bakken oilfield related opportunities abound have provided the impetus for economic development action. The original plan was created to allow development of potential parcels in accordance with the Fort Peck Tribe, City of Poplar Master Plan for Development of the Former Poplar Airport Site. If there are any questions regarding the document please see “Planned Community Developments and Development Districts” and “Fort Peck Tribal - Old Airport Master Plan” sections that follow for a full discussion of the FPAP Plan. In 2007, the Tribes established a new Economic Development Office (EDO). The new EDO undertook two significant planning efforts: the development of a new 10 Year Plan and the Comprehensive Economic Development Strategies (CEDS). The Tribes’ previous 10 year plan had expired in 2008 and a new one was needed. The plan formed the foundation for the CEDS. The city of Poplar and the Fort Peck Tribes have collaborated on projects, most notably the Poplar Airport housing addition and the water logs that allow the Tribes to use the city water and sewer system for the “Airport Addition” housing units and the current tribal headquarters. In late 2009, the Fort Peck Tribes were awarded the Rural Business Opportunity Grant (RBOG) #31-0438002926323 from the United States Department of Agriculture. The purpose of this grant is to “promote sustainable economic development in rural communities with exceptional needs through provision of Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 11 training and technical assistance for business development, entrepreneurs, and economic development officials and to assist with economic development planning.” The original intent of the Fort Peck Tribes and City of Poplar was to develop a Master Plan for the city of Poplar, utilizing tribal and city lands. The desired goal was to create a working plan that would lead to increased collaboration and opportunity for both Tribal and City governments and an increased quality of life for residents. As originally developed the RBOG had eight proposed activities. These were the following: 1: Site Research including those properties lying within the Poplar City Limits and a 2 mile circumference surrounding the City which addresses Tribal and private land ownerships and their future development. 2: Client/Agency/City Council Meetings. 3: Concept Plan Alternatives Development to include Airport Re-Use, annexation and revenue alternatives or revenue stream study affording the City of Poplar an adequate tax base for operation and maintenance of infrastructure furnished to the Ft. Peck Tribes and local residents; Plan development of an Affordable Housing Study that addresses the critical shortfall in the residential units for both Tribal (outside the City Limits) and low income residents within the City of Poplar and its environs. 4: Draft Concept of Tribal-City of Poplar Master Plan 5: Final Concept of Tribal-City Master Plan 6: Final Airport Plat Preparation 7: City of Poplar and Ft. Peck Tribes Adaptation and Registration of Final Airport Plan 8: Completion of a Master Plan and Zoning Regulation that addressing the land-use, housing, and tax base-budget issues confronting Tribal and City governments at Poplar, Montana. When the application was written for federal funding the economic landscape was very different. Though rumors of oil activity in western North Dakota surfaced, the future scale and reality of today was not imagined. The housing market had crashed and Poplar, long an economically depressed city, found itself further mired in the economic challenges of the time. It was determined that focusing solely on the “Old Airport” area of Poplar and creating housing, green space, and a business district that would serve both the existing community and the incoming oil industry would be the best way to accomplish the overall mission of revitalizing the community of Poplar and bringing opportunity to residents of the Fort Peck Reservation. This Master Plan reflects this decision. When responsibility for RBOG was transferred to the Economic Development Office, a review of the proposed activities, combined with knowledge of the new opportunities presented by the Bakken oil formation created a dilemma. In order to capitalize on these new opportunities, items 3, 6, and 8 would need to be completed in a condensed timeline and were financially unfeasible given the current resources. Fort Peck Tribal - Old Airport Master Plan The Fort Peck Tribal - Old Airport Master Plan is the result of recent planning efforts, initiatives, and Tribal Council resolutions. This strategic plan began the series of planning initiatives on the Reservation that would address the broad needs, standards, and values of the Fort Peck Tribe. PURPOSE AND NEED The purpose of the new Master Development and associated Fort Peck Tribal - Old Airport Development project is to provide adequate housing and associated commercial services and infrastructure on the Fort Peck Reservation. Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 12 This Programmatic Environmental Assessment (PEA) has been prepared to analyze the Economic Master Plan proposed by the Assiniboine & Sioux Tribes of the Fort Peck Indian Reservation. The Fort Peck Tribes propose to development 280 acres located within the Poplar city limits for a business commercial, residential and associated infrastructure. Most important is the desire to create a sustainable, livable community for families and youths. Fort Peck Tribes priority is economic self-determination and self – sufficiency providing for future generational security, and to develop a pride of community and culture. This PEA serves as an umbrella NEPA document providing supporting documentation for environmental assessment associated with future economic development projects. This PEA would enable the city government and tribal government to revitalize the city of Poplar and its immediate surrounding area. Housing shortages for low-income families and a deteriorating downtown, as well as the knowledge that Bakken oilfield related opportunities abound have provided the impetus for action. The Fort Peck Tribe has long-range goals of self-determination and self-sufficiency set forth in the Fort Peck governance. Economic development is supported by the masters economic plan which states the economic develop goals are implemented through investment in facilities that provide goods and services to meet local and regional needs, and a growing national and international tourism market. OVERVIEW OF THE ENVIRONMENTAL REVIEW PROCESS Environmental assessments (EAs) are prepared by federal agencies to aid in determining if a proposed action has the potential to significantly affect the quality of the human environment. According to Section 1508.0(a) of the Council on Environmental Quality Guidelines a PEA serves to: 1. briefly provide sufficient evidence and analysis for determining whether to prepare a Finding of No Significant Impact (FONSI) or an environmental impact statement (EIS); 2. aid an agency’s compliance with NEPA when an EIS is not necessary; and After considering this PEA, the BIA determines whether to issue a FONSI or to require an EIS. If a FONSI is prepared, the BIA issues a public notice of availability (NOA) of the FONSI for at least 15 days prior to any decision on the Master Development. Programmatic Environmental Assessment The PEA is intended to analyze the environmental effects of the proposed economic development of 280 acres. This analysis of potential environmental affects provides an opportunity to collectively identify natural and cultural resources in the project area in one contiguous area that may be affected by the proposed economic development. Future projects are not “shovel ready” when the PEA is complete. Compliance with NEPA is required for each proposed project. Tiering from this PEA provides for analysis of natural and cultural resource which may be present within the area of potential effect for individual economic development projects. Tiering Subsequent Environmental Assessment s or categorical exclusions are required for future proposed projects. The appropriate NEPA documents can tier from, or incorporate sections of, this PEA. Tiering from the PEA allows any further NEPA documentation to narrow the range of alternatives and concentrate solely on the issues not already addressed. Tiering is appropriate when the analysis for the Proposed Action is site-specific or project-specific and is a refinement or an extension of the existing PEA. Tiering to the PEA allows for the preparation of an EA or CATEX for the individual action as long as the remaining effects of the individual action do not contribute to unidentified environmental effects. Tiering to this PEA would allow the Fort Peck Tribes to develop an environmental assessment with project-specific analyses concentrating on the issues specific to the proposed project (Therivel 2004). Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 13 REGULATORY CONTEXT Indian Trust Assets Indian Trust Assets are legal interests in assets held in trust by the United States for Native American tribes or individual Native Americans. Assets are anything owned that have monetary value. The asset need not be owned outright but could be some other type of property interest, such as a Development or right of use. Assets can be real property, physical assets, or intangible property rights such as intellectual property. The United States has an Indian Trust responsibility to protect and maintain rights reserved by or granted to Native American tribes or individuals by treaties, statutes, and executive orders, which rights are sometimes further interpreted though court decisions and regulations. Accordingly, the BIA is mandated by federal law to manage Indian lands held in trust for the benefit of the Indian owners. The BIA is committed to the policy of sustained-yield management and to providing management plans based on guidelines set forth in 25 CFR 162 and CFR 166 the Indian Leases and Permits Regulations and Indian Grazing Permits respectively. The BIA is also committed to a policy of Indian self-determination as required under law, and has a duty to consult and coordinate land and resource activities on tribal and allotted lands with the Tribes. The BIA is responsible for trust lands, however the purpose of the Indian Self Determination Act (ISDA) is “to end Federal Government domination of Indian programs and services whereby Indian tribes may assume control over federal programs and services by contract.” Additionally, per the ISDA, “The essence of the self-determination policy is that Indian actions and Indian decisions shall determine the Indian future.” Finally, “It is the policy of the Bureau of Indian Affairs to provide for maximum delegation of authority to the service delivery level while insuring full compliance with all applicable laws, regulations, and policies to ensure sound management control and business decisions” (BIA 2006:1). Compliance with Applicable Laws, Executive Orders, Regulations, Policies, and Community Ordinances The following is a summary of selected statutes, regulations, and EOs applicable to this project. National Environmental Policy Act of 1969. Public Law 91-190, 42 United States Code (USC) 4321– 4370(e), as amended. NEPA requires federal agencies to take into consideration the environmental consequences of proposed actions as well as input from state and local governments, Indian tribes, the public, and other federal agencies during their decision-making process. The Council on Environmental Quality was established under NEPA to ensure that all environmental, economic, and technical considerations are given appropriate consideration in this process. This PEA complies with NEPA statutes and regulations and the BIA NEPA Guidebook (BIA 2012). Clean Water Act of 1977, as amended. Section 404 of this Act identifies conditions under which a permit is required for construction projects that result in the discharge of dredged or fill material into waters of the U.S. There are no jurisdictional waters of the U.S. within the project area. Safe Drinking Water Act of 1974, as amended. Section 1424 of this Act regulates underground injection into an aquifer, which is the sole or principal drinking water source for an area. The aquifer beneath the project area is not a designated sole source aquifer; therefore, this Act does not apply. Executive Order 11988, Floodplain Management, May 24, 1977. EO 11988 requires avoiding or minimizing harm associated with the occupancy or modification of a floodplain. The project area is not located within any designated floodplain; therefore, no modification would take place. Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 14 EO 11990, Protection of Wetlands, May 24, 1977. EO 11990 requires federal agencies or federally funded projects to restrict uses of federal lands for the protection of wetlands through avoidance or minimization of adverse impacts. The order was issued to “avoid to the extent possible the long- and short-term adverse impacts associated with the destruction or modification of wetlands and to avoid direct or indirect support of new construction in wetlands whenever there is a practicable alternative.” No wetlands are affected by this project. EO 13112, Invasive Species, February 3, 1999. Federal Noxious Weed Act of 1974, as amended (7 U.S.C. 2801 et seq.), Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), and other pertinent statutes, to prevent the introduction of invasive species and provide for their control and to minimize the economic, ecological, and human health impacts that invasive species cause. Noxious Weed Act of 1974. The Federal Noxious Weed Act of 1974 established a federal program to control the spread of noxious weeds. The United States Secretary of Agriculture was given the authority to declare plants "Noxious Weeds", and limit the interstate spread of such plants without a permit. The Secretary has the authority to inspect, seize, and destroy products, and quarantine areas, if necessary to contain, or limit the spread of such weeds. Farmland Protection Policy Act of 1994. This Act is intended to minimize the impact federal programs have on the unnecessary and irreversible conversion of farmland to nonagricultural uses. For the purpose of the Act, farmland includes prime farmland, unique farmland, and land of statewide or local importance. Farmland does not have to be currently used for cropland to be subject to the Act’s requirements. It can be forest land, pastureland, cropland, or other land, but not water or urban built-up land. There is no prime farmland, unique farmland, or land of statewide or local importance within the parcel proposed for development. Endangered Species Act of 1973, as amended. Section 7 of the Act requires federal agencies to consult with the USFWS to ensure that undertaking, funding, permitting, or authorizing an action is not likely to jeopardize the continued existence of listed species, or destroy or adversely modify designated critical habitat. Critical habitat, as defined under the Act, exists only after USFWS officially designates it. Critical habitat are 1) areas within the geographic area, including features essential to the conservation of the species and that may require special management consideration or protection; and 2) those specific areas outside the geographic area, occupied by a species at the time it is listed, essential to the conservation of the species. Clean Air Act of 1963, as amended. This Act requires any federal entity engaged in an activity that may result in the discharge of air pollutants to comply with all applicable air pollution control laws and regulations (federal, state, or local). This act directs the attainment and maintenance of the National Ambient Air Quality Standards for six different criteria pollutants, including carbon dioxide, ozone, particulate matter, sulfur oxides, nitrogen oxides, and lead. EO 12898, Federal Actions to Address Environmental Justice in Minority Populations and LowIncome Populations, February 11, 1994. This order directs federal agencies to identify and address, as appropriate, disproportionately high and adverse human health and environmental effects of their programs, policies, and activities on minority populations and low-income populations. The project would not introduce disproportionately high and adverse human health and environmental effects on the surrounding population; there would be no adverse effect as defined by this EO. EO 13007, Indian Sacred Sites, 1996. EO 13007 requires that all Executive Branch agencies having responsibility for the management of federal lands will, where practicable, permitted by law, and not clearly inconsistent with essential agency functions, provide access to and ceremonial use of Indian sacred sites by Indian religious practitioners and will avoid adversely affecting the integrity of such sacred sites. The order also requires that federal agencies, when possible, maintain the confidentiality of sacred sites. Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 15 National Historic Preservation Act of 1966, as amended. Federal undertakings must comply with Section 106 of National Historic Preservation Act, which mandates that potential effects on historic properties be considered prior to approval of such undertakings. Historic properties are defined as sites, districts, buildings, structures, and objects listed on or eligible for listing on the National Register of Historic Places (NRHP). Consideration of these resources is to be made in consultation with the State/Tribal Historic Preservation Office and other interested agencies and parties. Native American Graves Protection and Repatriation Act of 1990 (25 USC 3001-3013). This Act requires protection and repatriation of Native American cultural items found on, or taken from, federal or tribal lands, and requires repatriation of cultural items controlled by federal agencies or museums receiving federal funds. Should previously unidentified cultural resources, especially human remains, be encountered during construction, work will stop immediately at that location and the BIA’s Cultural Resources staff will be notified to ensure proper treatment of these resources. American Indian Religious Freedom Act of 1978 (Public Law 95-341, 42 USC 1996 and 1996a). This Act ensures the protection and preservation of traditional religions of Native Americans. It includes access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites. Fort Peck Tribal Council Resolutions, Ordinances and Plans: In addition, the Proposed Action would comply with the following Fort Peck Tribal Council resolutions, ordinances, and other plans. Poplar Airport Masterplan. This document provides information about the future development and economic needs of the Fort Peck Tribe. FPT- Wellness Center Business Plan 2012. This is the development plan for a potential building within the project area. It spells out the Wellness Center layout and potential location for development within the South West section of the development area. Public Input, Agency Scoping, and Tribal Consultation Public and agency input are an essential component of the NEPA process and were obtained for the project through stakeholder outreach, scoping, and tribal consultation. The purpose of scoping was to determine the issues related to the proposed development and to identify the significant issues to be addressed in this PEA. NEPA Scoping For this PEA, a scoping notice was mailed to federal, state, local, and Tribal agencies on October 9, 2012. The public scoping notice was also posted at the local U.S. post offices, Fort Peck Village Community Service Centers, and the BIA Fort Peck Agency headquarters. In addition, the scoping notice was published in the October 2, 2012 edition of the tribal newspaper, Fort Peck Journal. Mailing, publication, and posting of the scoping notice initiated a 30-day public and agency scoping period, during which the public had the opportunity to provide input on potential issues to be addressed in the PEA. The BIA and Fort Peck Tribes hosted 3 internal scoping meetings (Table 1-1). These meetings served to provide information on project planning activities to date and to give members of the public the opportunity to ask questions or make comments. Discussions were held describing the diverse economic opportunity existing for the Old Fort Peck Airport. Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 16 Table 1-1. Internal Scoping Meetings Date City, State December 2012 Billings Montana August 2013 Billings Montana November 2013 Billings Montana ENVIRONMENTAL ISSUES ADDRESSED In accordance with NEPA, based on internal scoping, public scoping, and consultation with local, state, and federal agencies summarized above, Chapters 3 and of this PEA evaluates the environmental consequences of the Proposed Action on the following resources: Land Resources Water Resources Living Resources Cultural Resources Socioeconomic Conditions Resource Use Patterns Other Values A more detailed list of resources and their subcategories is presented in Chapter 3. Several resources or resources subcategories were eliminated from analysis due to negligible impact in and around the project area (i.e., Wilderness Areas, Lumber, Hunting/Fishing, Recreation) or low probability of occurrence Mineral extraction. Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 17 CHAPTER 2. PROPOSED ACTION AND ALTERNATIVES ALTERNATIVES DEVELOPMENT This federal action requires the preparation of a PEA in accordance with NEPA and the Council on Environmental Quality Regulations for Implementing NEPA (40 CFR 1500–1508) and the BIA NEPA Guidebook 59 IAM 3-H (August 2012). The following chapter describes the two alternatives evaluated in this document: the Proposed Action Alternative and the No-Action Alternative. Included in the Proposed Action Alternative is a description of the intended uses of the parcel following approval of the Development. Also included in this chapter is a discussion of the alternatives considered but eliminated from further consideration. Previous planning efforts that led to the development of the Proposed Action are summarized in Chapter 1 (see Section 1.3, Project Background). NO-ACTION ALTERNATIVE The Fort Peck Tribe could move forward with elements of the Fort Peck Tribal - Old Airport project or other tribal projects using tribal money as long as no other Development, right-of-way, or approval is required that might trigger a federal action. Alternatively, existing land use at the site could continue and the site could remain undeveloped. PROPOSED ACTION ALTERNATIVE Under the Proposed Action Alternative, the BIA would approve the Development of the Fort Peck Tribal Old Airport and all needed leases would be pursued for each of the development activities associated with the property. The Fort Peck Tribes propose to develop 280 acres located within the Poplar city limits for a business commercial, residential and associated infrastructure. Most important is the desire to create a sustainable, livable community for families and youths. Fort Peck Tribes priority is economic selfdetermination and self –sufficiency providing for future generational security, and to develop a pride of community and culture. Housing A range of housing types would be developed, including single-family dwellings, medium-density housing including apartments, and condominium-type units. The architecture would employ traditional architectural and construction design, as well as village massing styles common to the Fort Peck people. The architecture and design of the community would be based on sustainable principles with a focus on passive solar design, energy efficient design, and rainwater collection. Environmental sustainability for the community would incorporate water catchment and a wastewater treatment plant to treat effluent that could be used to irrigate non-edible crops, plants, and trees. Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 18 Infrastructure The Fort Peck Tribal - Old Airport would utilize the existing water system as a potential domestic water source. As tested for design of the Community, the well would have a discharge rate of 250–270 gallons per minute (gpm) with improvements, with a 190,000-gallon first phase water storage tank and backup generator for the pump. All needed permits would be acquired as each project defines the need. The initial gravity-flow sewer system is planned as a facultative lagoon system that would make use of the existing two lagoons (rehabilitated and upgraded as required), with lines sized for trunk lines that would allow for future expansion to meet expected build-out levels of the community. Future improvements to the sewer system may include development of additional lagoons to improve capacity and effluent treatment for the creation of reclaimed water that can be utilized for culturally approved uses. The potential for future batch reactor plant is also possible based on available land area. These potential improvements would occur off site at the city of Poplar’s Montana-Dakota Utilities, Co. (MDU), the regional utility provider in the area, supplies three-phase power and natural gas services to the City of Poplar. An interview with Chad Heidt, an MDU Electrical Engineer, confirms that the 10-acre project site is within the company’s service area. According to Mr. Heidt, MDU has power and gas lines running along the north side of U.S. Highway 2. These lines are capable of providing three-phase power and gas to the Poplar Wellness Center. The Development is located in the community of Poplar on the Fort Peck Reservation in far northeastern Montana. As mentioned previously, U.S. Highway 2 runs east to west along the southern border of the Reservation. This highway is the main route for vehicles traveling on the Reservation and in the region. U.S. Interstate 94 is approximately 115 miles south of Poplar and the closest major interstate. The nearest commercial airport is located approximately 90 miles away in the small town of Williston, North Dakota. However, the nearest commercial airport served by more than one national/international carrier is located in Billings, Montana approximately 325 miles southwest of Poplar. No new transportation patterns are suspected to arise from construction or ongoing operation of the Poplar Old Airport Development Project. It is anticipated the existing transportation access would be utilized almost exclusively by local community members who live or work in Poplar and the surrounding region. The majority of these individuals already use U.S. Highway 2 on a daily basis. Therefore, the development is not expected to create new transportation patterns that would affect hospitals, schools, or residential and recreational land uses within the community or the region. Best Management Practices The following best management practices are included in the Proposed Action in an effort to minimize the impacts of the Proposed Action to social and environmental resources. More specific mitigation would need to be developed for project-specific analyses in the future: Construction activities should be conducted in a manner that would minimize disturbance to existing vegetation by limiting vegetation thinning and restricting construction activities to the extent possible. Drainage structures should be installed and maintained in roads to reduce concentration of water runoff. Road drainages should direct flow into stable areas of vegetation and cover. New culvert outfalls should be installed with either riprap or another form of energy dissipater, if applicable. Roads should be maintained in a manner that provides for water quality protection. An on-site staging area for heavy equipment should be identified to protect existing vegetation Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 19 surrounding the project area from damage during construction. Fort Peck Tribes should develop and implement a noxious weed management plan. The plan should include elements such as plan implementation, enforcement, responsibility, monitoring, treatment and inventory, as needed, etc. Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 20 This page intentionally blank Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 21 CHAPTER 3. AFFECTED ENVIRONMENT INTRODUCTION The purpose of this chapter is to describe the existing environment that may potentially be affected by implementation of either of the project alternatives. The resources that are analyzed in detail, based on internal, agency, and public scoping as described in Chapter 1, include: Land Resources o Topography o Soils Water Resources o Surface Water o Groundwater Living Resources o Vegetation o Wildlife Cultural Resources o Cultural Setting Socioeconomics o Lifestyle and Cultural Values o Housing o Environmental Justice Resource Use Patterns o Current Land Uses/Land Use Plans Other Values o Public Health and Safety o Visual o Noise and Light o Climate Change Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 22 Several resources or resources subcategories were eliminated from analysis due to negligible impact or the resource is not found in and around the project area (Wilderness Areas, Lumber, Hunting/Fishing, Recreation), or low probability of occurrence (Mineral Extraction). Chapter 4, Environmental Consequences, examines environmental conditions and the description of the alternatives (see Chapter 2). The types and magnitudes of impacts anticipated to occur from each alternative were identified and quantified to the extent practicable, given the stage of the project. LAND RESOURCES Climate The climate for the proposed location is classified as a semi-arid continental climate (BSk, semi-arid grassland steppe) typical of the northern Great Plains region. The area climate is characterized by long cold sub-arctic winters and warm summers with periods of extreme heat. Generally the climate is deficient in precipitation most of the year. Figure 2. Temperature vs Precipitation for Poplar MT Average precipitation within the watershed is between 13 and 14 inches annually, 40 percent of which falls during the months of June and July. Snowfall averages from moderate to heavy during winter months with a total snowfall of approximately 28.3 inches annually, with an average depth of 1 inch. Winter temperature ranges from 30 degrees below zero to 25 degrees above zero. The average temperature during the summer months is between 70 and 80 degrees, the warmest temperatures typically occurring during the month of July. Winds average 14 mph per day annually (Western Regional Climate Center, 1893-1991). Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 23 Topography The site is located near the City of Poplar, the central location for all the government headquarters including the Tribes, Bureau of Indian Affairs, and the Indian Health Services. The city is located approximately 27.12 miles from the eastern boundary and 54.59 miles from the western boundary along US Highway 2. Nearly 95% of the on Reservation population lives within 5 miles north and south of Highway 2. Approximately 28% of the population lives in or near Poplar with the balance split between the communities of Wolf Point (22%), Fort Kipp (10%), Brockton (15%), Oswego (10%) and Frazer (15%). Land uses immediately adjacent to the sites are mostly residential and administrative in nature. The map is included below. Figure 3. Overview of existing land use Access to critical services is available at this location, which includes emergency health services, emergency fire services, and law enforcement (tribal and city). Traffic, trains, bridges or floods do not block the access. Access to the site can come from the west on BIA route 150 and from the east on County Road 1053. The topography is generally flat and the land is currently farmed in small grains. The site is approximately 605 feet from the nearest housing development, Airport Addition, in Poplar. The underlying site soils are associated with Williams and Zahill loams which are both comprised of welldrained, loamy glacial till. The adjacent land use is small grain farming. The dominant vegetation in the area consists of Western wheatgrass, bluegrass, and cheatgrass. Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 24 This site has been identified by the Tribes’ Brownfields program as the site of an old landfill site used by the City of Poplar and the Fort Peck Tribes. A Phase I assessment has been completed on this site and has been selected for a Phase II assessment. The Phase II assessment is currently underway and will be completed by the end of July 2014. Soils According to the NRCS field staff this area is not considered prime farmland. The underlying site soils are associated with Williams and Zahill loams that are both comprised of well-drained, loamy glacial till. The project area receives an average of 13-14 inches of precipitation per year. WATER RESOURCES Surface Water The Poplar River is located approximately 0.71 miles northeast of the area, at an elevation of approximately 2005 feet above sea level; the Old Poplar Airport site is approximately 55 feet above the active floodplain on an ancestral bench. The target area has adequate room for the construction with a minimal impact to surface waters through the implementation of best management practices during any construction phases. While the site is approximately a mile from the Poplar River, landscaping should include a slightly elevated vegetative buffer strip to the west of the site to catch/redirect storm water runoff to protect the western edge of the bench from erosion. For any construction over 1 acre, storm water permits are required, and project specific conditions are applied to the permits. Water Supply Potable water for the surrounding area is provided by the City of Poplar. Currently, the City obtains its water from the Assiniboine and Sioux Rural Water Supply System (ASRWSS) that delivers water from the Missouri River treated at a plant located at the intersection of US Highway 2 and US Highway 13. The water is delivered via pipeline. Project sponsors must apply to the City of Poplar for services. Plan and specifications must be provided to the City prior to any construction and all facilities must comply with the City’s ordinances, specifically Title VIII, Chapter 8-8 Section 11. Currently, there are no service lines in the Master Plan area. Waste Water The City’s Wastewater Treatment Facility includes a sanitary sewer collection system and a mechanical plant consisting of an oxidation ditch, clarifier, aerated sludge digester, sludge drying beds and ultraviolet lights for effluent disinfection. The City’s plant discharge is permitted by EPA under the National Pollutant Discharge Elimination System program. Project sponsors must apply to the City of Poplar for services. Plan and specifications must be provided to the City prior to any construction and all facilities must comply with the City’s ordinances, specifically Title VIII, Chapter 8-8 Section 11. Currently, there are no waste water service lines in the Master Plan area. Groundwater Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 25 Potable water for the surrounding area is provided by the City of Poplar. Currently, the City obtains its water from the Assiniboine and Sioux Rural Water Supply System (ASRWSS) that delivers water from the Missouri River treated at a plant located at the intersection of US Highway 2 and US Highway 13. The water is delivered via pipeline. Project sponsors must apply to the City of Poplar for services. Plan and specifications must be provided to the City prior to any construction and all facilities must comply with the City’s ordinances, specifically Title VIII, Chapter 8-8 Section 11. Currently, there are no service lines in the Master Plan area. LIVING RESOURCES VEGETATION, WETLANDS, SPECIAL STATUS PLANTS AND NOXIOUS WEEDS The proposed project area is located south of the Poplar River in an area covered by mixed prairie grasslands, cultivated land and intermittent streams. The Poplar River runs in a north to south direction along the eastern portion of the project area, and a drainage runs in a northwesterly direction through the project area and connects to the Poplar River. Grasslands The project area grasslands consist primarily of the “Western Great Plains Mixed-grass Prairie” vegetation type. This ecosystem is prevalent within the eastern two thirds of Montana and occurs continuously for hundreds of square miles from the Rocky Mountains to the North Dakota border. Mixed-grass prairie associations grow in glaciated shallow loams. This vegetation type is prominent in the mid-continental United States where summers are hot and winters are long and severe. Grasses are the most pronounced canopy cover, consisting of short to mid-length grasses with western wheatgrass (Pascopyrum smithii) being the most dominant grass species. Other grassland species present are blue grama (Bouteloua gracilis), green needlegrass (Nassella viridula), thickspike wheatgrass (Elymus lanceolatus), and needle and thread (Hesperostipa comata). In north-central Montana, this vegetation system grades into rough fescue (Festuca campestris), Idaho fescue (F. idahoensis) and shortbristle needle and thread (Hesperostipa curtiseta) grasslands. Forb diversity is typically high and where mixed 21grass prairies border a sagebrush steppe, common plant associations may include yarrow (Achillea millefolium), scarlet globemallow (Sphaeralcea coccinea), western sagewort (Artemisia campestris), boreal sagewort (Artemisia norvegica), silver lupine (Lupinus albifrons), fuzzy tongue penstemon (Penstemon eriantherus), shining penstemon (Penstemon nitidus), slender cinquefoil , prairie cinquefoilis (Paarguta) (Potentilla arguta), Missouri goldenrod (Solidago missouriensis) and Dalea (Dalea species). Fire and grazing are primary components in the succession of this system. Drought may impact the system by favoring the short grass component over taller grasses. Intensive grazing has allowed cool season exotic species such as Kentucky bluegrass (Poa pratensis) and smooth brome (Bromus inermis) to increase in density and reduce species diversity within the Mixedgrass prairie system. Shrub species that may be found in in western Great Plains Mixed grass prairies include western snowberry (Symphoricarpos occidentalis), serviceberry (Amelanchier alnifolia), shrubby cinquefoil (Dasiphora fruticosa), creeping juniper (Juniperus horizontalis), silver sage (Saliva aregntea) and Wyoming big sagebrush (Artemisia tridentata var. wyomingensis) (Montana Field Guide, 2013). A large proportion of grassland habitat within and surrounding the project area has been converted into cultivated land. Important crops grown on these lands include cereals and feed grains, hay silage and grasses. Non-irrigated farming, mostly with spring wheat, accounts for 75 percent of the Reservation’s harvested lands (USDOT-FHWA, 2003). The lands west of the Poplar River that may be affected by the proposed development have been converted for the cultivation of grains, as identified by the onsite visit. Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 26 Wetlands and Riparian Areas There are no identified wetlands or riparian area within the project area. Special Status Plant Species Based on the Montana Natural Heritage Program (MTNHP) online “Tracker” database, there are no documented occurrences of any State or Federally listed special status plant species within the Township and Range that the project area resides in. Noxious Weeds Noxious and invasive weeds can outcompete and drown out native plant species following introduction and establishment into their communities. Noxious weeds have been identified by the Montana Department of Agriculture as Montana Listed Noxious Weeds and assigned to one of five priority ranks (MDA, 2012). Priority 1A species are weeds that are not currently present in Montana, and require eradication of detected populations. Priority 1B species are weeds that have limited presence in Montana, and require eradication or containment of detected populations. Priority 2A species are those that are common in isolated areas of Montana, and require eradication or containment of populations where they are considered less abundant. Priority 2B species are weeds that are abundant in Montana and widespread in many counties. Management criteria of Priority 2B species require eradication or containment of populations where they are considered less abundant. Priority 3 species are regulated plants not listed as Montana Listed Noxious Weeds, but have the potential to have significant negative impacts. Priority 3 species may not be intentionally spread or sold other than as a contaminant in agricultural products. Research, education, and prevention are recommended to minimize the spread of Priority 3 species. A complete list of noxious weeds known to occur within Roosevelt County and their state management status follows. Noxious Weed Species Known to Occur in Roosevelt County Common Name Scientific Name Baby’s breath Blueweed Canada Thistle Cheat Grass Common Tansy Curlyleaf Pondweed Dalmation Toadflax Diffuse Knapweed Dyers Woad Eurasian Watermilfoil Field Bindweed Flowering Rush Hoary Alyssum Houndstongue Hydrilla Japanese Knotweed Complex Leafy Spurge Meadow Hawkweed Complex Orange Hawkweed Oxeye Daisy Perennial Pepperweed Purple Loosestrife Rush Skeletonweed State Status Gypsophila paniculata Echium vulgare Cirsium arvense Bromus tectorum Tanacetum vulgare Potamogeton crispus Linaria genistifolia Centaurea diffusa Isatis tinctoria Myriophyllum spicatum Convolvulus arvensis Butomus umbellatus Berteroa incana Cynoglossum officinale Hydrilla verticillata Polygonum cuspidatum Euphorbia esula Hieracium pratense etc. Hieracium aurantiacum L. Chrysanthemum leucanthemum Lepidium latifolium Lythrum salicaria Chondrilla juncea Fort Peck Tribal – Old Airport Development Project Programmatic Environmental Priority 2B Priority 2A Priority 2B Regulated Weed Priority 2B Priority 1B Priority 2B Priority 2B Priority 1B Priority 1B Priority 2B Priority 1B Priority 2A Priority 2B Regulated Weed Priority 1B Priority 2B Priority 2A Priority 2A Priority 2B Priority 2A Priority 1B Priority 1B September 2013 27 Russian Knapweed Russian Olive Saltcedar (Tamarix) Scotch Brome Spotted Knapweed St. John’s Wort Sulfur Cinquefoil Tall Buttercup Tansy Ragwort Whitetop Yellow Starthistle Yellow Toadflax Yellowflag Iris Acroptilon repens Elaeagnus angustifolia Tamarix ramosissima Cytisus scoparius Centaurea maculosa Hypericum perforatum Potentilla recta Ranunculus acris L. Senecio jacobaea L. Cardaria draba Centaurea solstitialis Linaria vulgaris Iris pseudacorus Priority 2B Regulated Weed Priority 2B Priority 1B Priority 2B Priority 2B Priority 2B Priority 2A Priority 2A Priority 2B Priority 1A Priority 2B Priority 2A Roosevelt County Weed District, 2012 Canada thistle (Cirsium arvense), leafy spurge (Euphorbia esula), and saltcedar (tamarix spp.) are primary species of concern and targeted weeds within Roosevelt County. Current weed management actions include chemical treatment, mechanical removal and bio-control. Biocontrol methods utilize various flea beetle species (Aphthona spp.) to regulate and minimize the spread of leafy spurge (MDA, 2012). These methods have proven successful, but not immediate, as bio-control is a long-term management technique (BIA, 2011). Noxious weed species are likely to occur in disturbed sites such as overgrazed, ROWs, and cultivated land. The Montana Weed Plan identifies the Reservation as being composed of 913,000 acres of land of which 3,280 acres (0.4 percent) are infected with noxious weeds (Montana Noxious Weed Summit Advisory Council, 2008). WILDLIFE, FISHERIES, AND THREATENED AND ENDANGERED SPECIES The discussions in this section regarding common wildlife and fisheries resources that may occur in the vicinity of Survey area are drawn largely from the Final Programmatic Environmental Assessment (FPEA) for the Fort Peck Reservation Rural Water Supply System (BIA 2002) and the Baseline Nongame Wildlife Surveys on The FPIR (Hendricks et al. 2013). Additionally, recent occurrence information from species of concern, federally listed threatened and endangered species, and candidate species was obtained by means of a data request to the MTNHP and the MTNMP database. COMMON MAMMALS Large carnivores and omnivores known to occur frequently in the native grasslands, riparian forest, and wetlands of the Fort Peck Reservation include coyote (Canis latrans), red fox (Vulpes vulpes), bobcat (Lynx rufus), raccoon (Procyon lotor), American badger (Taxidea taxus), striped skunk (Mephitis mephitis), and weasels (Mustela spp.). Medium-size omnivores and herbivores that occur in the region include mountain cottontail (Sylvilagus nutalli), white-tailed jackrabbit (Lepus townsedii), and northern pocket gopher (Thomomys talpoides) (MTNHP 2013c). In a recent field study on the FPIR (Hendricks et al. 2013), the most abundant and widespread small mammal observed was the deer mouse (Peromyscus maniculatus). Other species included Hayden’s shrew (Sorex haydeni), pygmy shrew (Sorex hoyi), meadow vole (Microtus pennsylvanicus), white-footed mouse (Peromyscus leucopus), Western Harvest Mouse (Reithrodontomys megalotis), and Western Jumping Mouse (Zapus princeps). Other native Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 28 species known or likely to occur within FPIR include the following: Arctic Shrew (Sorex arcticus), Masked Shrew (S. cinereus), Merriam’s Shrew (S. merriami), Montane Shrew (S. monticolus), Preble’s Shrew (S. preblei), Northern Pocket Gopher (Thomomys talpoides), Olivebacked Pocket Mouse (Perognathus fasciatus), Ord’s Kangaroo Rat (Dipodomys ordii), Sagebrush Vole (Lemmiscus curtatus), Prairie Vole (Microtus ochrogaster), Bushy-tailed Woodrat (Neotoma cinerea), and Northern Grasshopper Mouse (Onychomys leucogaster) (Hendricks et al. 2013). From the same field study on FPIR, the most common bat species observed include Silver-haired Bat (Lasionycteris noctivagans) and the Hoary Bat (Lasiurus cinereus). Other bat species identified include the following: Townsend’s Big-eared Bat (Corynorhinus townsendii), Big Brown Bat (Eptesicus fuscus), Eastern Red Bat (Lasiurus borealis), Western Small-footed Myotis (Myotis ciliolabrum), and the Western Long-eared Myotis (Myotis evotis) (Hendricks et al. 2013). BIG GAME AND UPLAND GAME SPECIES The primary big game species on the FPIR include elk (Cervus canadensis), mule deer (Odocoileus hemionus), white-tailed deer (O. virginianus), pronghorn antelope (Antilocapra americana), and mountain lion (Puma concolor) (MTNHP 2013b). American bison (Bison bison) are also hunted, but from a re-introduced/managed herd established in 1999 that is present only on the Turtle Mound Buffalo Ranch. The Turtle Mound Buffalo Ranch is located twenty five miles northeast of Poplar, Montana. Currently, there are 200 head in the buffalo herd (Fort Peck Tribes 2013). Upland game species present and hunted on the FPIR include ring-necked pheasant (Phasianus colchicus), gray partridge (Perdix perdix), and sharp-tailed grouse (Tympannuchus phasianellus); sage-grouse (Centrocerus urophesionos) season is currently closed due to very low population numbers. Season dates and bag limits for waterfowl and upland game species are set and enforced by the Fort Peck Tribes’ Fish and Game Department but generally follow those posted each year by Montana Fish, Wildlife, and Parks (MTFWP) (Fort Peck Tribes 2013). BIRDS The combination of grasslands, shrublands, and badlands, together with the ponds and riparian wetlands prevalent throughout the region, results in a relatively high diversity of bird species in the vicinity of Survey area. During various site surveys in 2012, 110 bird species were detected within the FPIR (Hendricks et al. 2013). The following species were detected with the highest frequency of occurrence at 249 count point sites during the FPIR surveys: Horned Lark (79 percent); Western Meadowlark (57 percent); Brown-headed Cowbird (51 percent); Chestnutcollared Longspur (48 percent); and the Grasshopper and Vesper Sparrows (33 percent) (Hendricks et al. 2013). Large numbers of waterfowl and shorebirds are drawn to this eastern Montana region, particularly during the breeding season, given the proximity of the Missouri and Poplar River and its associated emergent marsh and riparian wetland habitats near or within the Survey area. Opportunistic counts for waterbirds and wetland associated bird species were conducted at 15 Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 29 wetland sites on FPIR during late May (Hendricks et al, 2013). Fifty-two species were detected at wetland sites, most, but not all, being wetland-associated species. For example, some common waterfowl and shorebirds that were identified include Canada goose (Branta canadensis), mallard (Anas platyrhynchos), Ruddy Duck (Oxyura jamaicensis), American wigeon (A. americana), blue-winged teal (A. discors), green-winged teal (A. crecca), gadwall (A. strepera), California gull (Larus californicus), marbled godwit (Limosa fedoa), Northern Pintail semi-palmated sandpiper (Calidris pusilla), redhead (Aythya americana), willet (Tringa semipalmata), and Wilson’s phalarope (Phalaropus tricolor) (Hendricks et al. 2013). Birds of prey are also common in the survey area, given the diversity of cover types and the abundance of small mammal prey. Twelve individuals of Northern harriers (Circus cyaneus) and a common raptor in the survey area, was detected during the count point surveys (four percent). Three Swainson’s hawk (Buteo swainsoni) individuals were detected on the FPIR count point surveys (one percent). Red-tailed hawks (B. jamaicensis), and great horned owls (Bubo virginianus) are also frequent breeding raptors in the Survey area, preferring to nest in wooded draws containing tall cottonwoods along creeks, and then foraging in the open prairie. Ferruginous hawks (B. regalis) and burrowing owls (Athene cunicularia) are commonly seen in open grasslands and prairie habitats on the FPIR (Hendricks et al. 2013). Bald eagles (Haliaeetus leucocephalus) may also occur in the Survey area (Alsop 2001). The MLWC has been designated as an important bird area by Montana Audubon and the Tribes are managing 4,000 acres as a Tribal Wildlife Refuge with plans to include additional acres in the future (Spaur n.d.). Migratory birds are also present on the FPIR and are protected by the Migratory Bird Treaty Act of 1918 (MBTA) (USFWS 2013g). The MBTA was developed in the early 20th century in response to the precipitous decline in populations of many bird species from over harvest for commercial operations. Under the MBTA, taking, killing, or possessing migratory birds is unlawful. Unless permitted by regulations, the MBTA provides that is it unlawful to pursue, hunt, take, capture, or kill; attempt to take, capture or kill; possess, offer to or sell, barter, purchase, deliver or cause to be shipped, exported, imported, transported, carried or received any migratory bird, part, nest, egg or product, manufactured or not. Under the Bald and Golden Eagle Protection Act (BGEPA) of 1940 (16 U.S.C. 668-668d) the taking, killing, possession or commerce of bald and golden eagles (including their eggs, nests, or parts) is prohibited unless allowed by permit. Many of the bird species that occur in the Survey area are neotropical Atlantic and Gulf Coastal migrants that spend the summer nesting season in Montana. Most migratory birds nest in Montana between April 15 and July 15 (BLM 2012a and BLM 2012b); however, some migratory species do not leave to travel to their wintering grounds until the fall (MTNHP 2013c). REPTILES AND AMPHIBIANS Reptile and amphibian species could occur in the wetland habitats within the Survey area. Amphibian and two reptile species were detected at wetland sites during a standardized survey Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 30 within the FPIR. The most common species included the Boreal Chorus Frog (Pseudacris maculata), Northern Leopard Frog (Lithobates pipiens), and the Woodhouse’s Toad (Anaxyrus woodhousii) at 51, 23, and 10 percent of sites, respectively. Other species detected included the Barred Tiger Salamander (Ambystoma mavortium), Plains Spadefoot (Spea bombifrons), Painted Turtle (Chrysemys picta), and the Plains Gartersnake (Thamnophis radix). Incidental observations of amphibians and reptiles during the course of other surveys also resulted in observations of amphibian and reptile species, including the Smooth Green Snake (Opheodrys vernalis), and Common Gartersnake (Thamnophis sirtalis) (Hendricks et al. 2013). The presence of aquatic larval stages, hence, breeding, was documented at sites where Barred Tiger Salamander, Woodhouse’s Toad, Boreal Chorus Frog, Northern Leopard Frog, and Spadefoot were found. The nearby Manning Lake (directly east of the Survey area) is about 3 feet deep and is known to support frogs, salamanders, minnows, and invertebrates (Spaur n.d.). FISHERIES There is no ponded or running water within the project area. The discussion of fish species in the region and does not specifically impact the project area. Surface water features within and adjacent to the Survey area that may support a fishery include freshwater ponds and lakes and perennial streams (USFWS 2012). Natural lakes within the Survey area do not support fisheries; however several man-made stock ponds within the Survey area are managed fisheries for private and sport fishing (Montana Department of Fish, Wildlife and Parks [MTFWP] 2013). Portions of the southern boundary of the Survey area Survey area border the Missouri River, which is managed as a wild fishery. Refer to Sections 3.5.6 and 3.5.7 for a discussion of species of concern and threatened and endangered species that may be found in water bodies in and near the Survey area. WILDLIFE SPECIES OF CONCERN Figure 3-2 provides locations of habitat for species of concern and Table 3-1 lists the species of concern found within the region. The area surveyed for this assessment did not include any of the species but for the purpose of the analysis the list is included because these species occur within the area. The development of this property does not affect their habitat in any significant way. A total of 43 species of concern are identified for Roosevelt County (MTNHP 2013c). In addition, Hendricks et al. (2013) documented seven additional species of concern during field surveys on the FPIR. Of the 50 total species of concern, ten fish and three aquatic invertebrate species are documented as occurring in riverine habitats. Because streams, riparian areas, prairie potholes, wetlands, and springs would have a setback of 150 feet and the Missouri River would have a setback of 300 feet during Survey activities, aquatic species of concern are not further addressed in this EA. The following table lists the habitats and potential for occurrence of species of concern within the Survey area. Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 31 Table 3.1 SPECIES OF CONCERN HABITAT OUTSIDE SURVEY AREA Common Name Scientific Name Habitat Likely to Occur Spea bombifrons Wetlands floodplain pools Y Botaurus lentiginosus Pelecanus erythrorhynchos Ammodramus bairdii Chlidonias niger Coccyzus erythropthalmus Nycticorax nycticorax Wetlands Lakes, ponds, reservoirs Grasslands Wetlands Riparian forest Y Y Wetlands Y Dolichonyx oryzivorus Spizella breweri Athene cunicularia Calcarius ornatus Moist grasslands Y Sagebrush Grasslands Grasslands Y N Y Sterna hiruade Buteo regalis Sterna forsteri Leucophaeus pipixcan Aquilachrysaetos Ardea Herodias Centrocercus urophasianus Podiceps auritus Ammodramus leconteii Sternula antillarum Large rivers lakes Sagebrush grassland Wetlands Wetlands Grasslands Riparian forest Sagebrush N Y Y Y Y Y N Wetlands Prairie wetland Y N Large prairie rivers Y AMPHIBIANS Plains spadefoot BIRDS American Bittern American White Pelican Baird's Sparrow Black Tern Black-billed Cuckoo Black-crowned NightHeron Bobolink Brewer’s sparrow Burrowing Owl Chestnut- collared Longspur Common Tern Ferruginous Hawk Forster's Tern Franklin's Gull Golden Eagle Great Blue Heron Greater Sage-Grouseb Horned grebeb Le Conte's Sparrow Least Tern Fort Peck Tribal – Old Airport Development Project Programmatic Environmental Y Y N September 2013 32 Table 3.1 continue SPECIES OF CONCERN HABITAT IN SURVEY AREA Common Name Scientific Name Habitat Likely to Occur Loggerhead Shrike Long-billed Curlew McCown’s longspur Nelson's Sparrow Piping Plover Red-headed Woodpecker Sedge Wren Sprague's Pipit Veery White-faced Ibis Whooping Crane Yellow Rail Lanius ludovicianus Numenius americanus Rhynchophanes mccownii Ammodramus nelson Charadrius melodus Melanerpes erythrocephalus Cistothorus platensis Anthus spragueii Catharus fuscescens Plegadis chihi Grus Americana Coturnicops noveboracensis Shrubland Grasslands Grasslands Y Y Y Prairie wetland Prairie lakes and river shorelines Riparian forest Y Y Prairie wetland Grasslands Riparian forest Wetlands Wetlands Wetlands N Y N Y Y N Y MAMMALS Hoary bat Townsend's Big-eared Bat REPTILES Lasiurus cinereus Corynorhinus townsendii Riparian and forest Caves in forested habitats Y Y Smooth Green snake Western Hog-nosed Snake Opheodrys vernalis Heterodon nasicus Wetlands Friable soils Y N Montana and BLM Species of Concern in Roosevelt County Source: MTNHP 2013a, Hendricks et al. 2013. THREATENED AND ENDANGERED SPECIES The Endangered Species Act (ESA) establishes measures for the protection of federally listed threatened and endangered plant and animal species. The US Fish and Wildlife Service (USFWS) is responsible for enforcing the ESA. Endangered species are in danger of extinction throughout all or a significant portion of their range. Threatened species are likely to become endangered within the foreseeable future. While candidate species receive no protection under the ESA, it is within the spirit of the ESA to consider these species as having significant value and worth protecting, as they may become listed in the future. Table 3.2 provides the candidate and federally listed species that may be present on the FPIR (USFWS 2013i). Critical habitat for the piping plover (Charadrius melodus) is located within the channel of the Missouri River Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 33 approximately a one mile south of the project area. Table 3.2 Federally Listed and Candidate Species on FPIR and Roosevelt County COMMON NAME SCIENTIFIC NAME STATUS HABITAT RANGE IN MONTANA Black-footed ferret Mustela nigripes Endangered Large prairie Least tern Sternula antillarum Endangered Sandbars and beaches along large rivers and lakes Eastern Montana dog complex in grassland prairies Yellowstone, Missouri River sandbars, beaches; Eastern Montana Piping plover Charadrius melodus Threatened Critical Habitat Riverine and reservoir shorelines with sandy beaches or sandbars. Whooping crane Grus americana Endangered Freshwater marshes, Incidental wet prairies and fields occurrences during migration Greater sagegrouse Centrocercus urophasianus Candidate Mosaic of sagebrushsteppe, open grassland patches, Fort Peck Tribal – Old Airport Development Project Programmatic Environmental Missouri River sandbars, alkali beaches; Northeastern Montana. Alkali lakes in Sheridan County; Riverine and reservoir shoreline in Garfield, McCone, Phillips, Richland, Roosevelt and Valley counties Eastern, central, and southwestern September 2013 34 Sprague’s pipit Anthus spragueii Pallid sturgeon Scaphirhynchus Endangered Candidate and agricultural lands Montana in sagebrush, sagebrushgrasslands, and associated agricultural lands Large tracts of unbroken prairie grassland with little to no shrub cover. Grassland habitats with little or no shrub cover of the Continental Divide Missouri and Yellowstone Rivers;bottom dwelling Bottom-dweller in large rivers Source: USFWS 2013i and USFWS 2013d. Black-footed Ferret The black-footed ferret is federally listed as endangered under the ESA. The black-footed ferret is a slender, medium-sized member of the weasel family with black feet, a black-tipped tail and a distinctive black face mask. Historically, the range of this species extended throughout western North America’s prairie grasslands and coincided with the range of the black-tailed prairie dog (C. ludovicianus), Gunnison’s prairie dog (C. gunnisoni), and the white-tailed prairie dog (C. leucurus) (USFWS 2010a). The current range of the black-footed ferret is limited to populations at 16 reintroduction sites, and does not include Roosevelt County (USFWS 2010a; USFWS 2013b; USFWS 2013a). The nearest reintroduction site to the Survey area is at UL Bend National Wildlife Refuge, more than 100 miles southwest of the Survey area (USFWS 2013b). No occurrences of the black-footed ferret are documented within the Survey area (MTNHP 2013b). The primary prey of the black-footed ferret is prairie dogs; additionally, prairie dogs provide habitat for this species. Habitat is limited to grasslands containing large prairie dog complexes, and the black-footed ferret uses prairie dog burrows as shelter and dens. The reproductive season occurs in the spring and summer; black-footed ferrets mate in March and April, and kits are born in May and June. Within 90 days of birth, kits are able to hunt (USFWS 2010a).Threats to the black-footed ferret include habitat loss and loss of its primary prey due to prairie dog eradication programs, disease, and conversion of native grasslands to agricultural lands (USFWS 2010a). Interior Least Tern The interior population of the least tern is listed as endangered under the ESA. The least tern is the smallest species of North American tern (20 to 23 centimeters [cm] long); this species is distinguished by a black cap and nape, white forehead, orange-yellow bill and deeply forked tail Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 35 (Alsop 2001). The interior least tern feeds in shallow waters on fish and aquatic invertebrates, which they capture by diving into the water (USFWS 1990). Interior least terns are migratory, and their wintering habitat likely occurs in Central and South America (USFWS 1994). The breeding range of this species includes isolated areas along the Rio Grande, Red, Ohio, Mississippi and Missouri River systems (USFWS 1990, USFWS 1994). In Montana, the interior least tern is known to nest along the shorelines of Fort Peck Reservoir, along the Yellowstone River, and along the Missouri River below Fort Peck Dam (MTNHP 2013c). No occurrences of the interior least tern are documented within the Survey area (MTNHP 2013b). However, this species is believed to nest within the channel of the Missouri River bordering the Survey area (Figure 3.2). Riverine nesting habitat includes sparsely vegetated, dry, exposed sand bars, beaches and gravel beds along rivers and lakes (USFWS 1990). This species nests in small colonies, and is present in Montana from May through midAugust; observations of this species occur in June and July (MTNHP 2013c). Threats to the interior least tern include nest disturbance on rivers and sand bars, as well as habitat loss and degradation (USFWS 1994). Piping Plover The piping plover is listed as threatened in Montana. This small (18 cm long) shorebird has pale plumage which matches the beaches it inhabits; during the breeding season, prominent markings include a narrow black breast band, a black band across the forehead, and an orange bill with a black tip (Alsop 2001). This species feeds on invertebrates and is assumed to locate prey by sight (Atkinson and Dood 2006). This migratory species winters along the Atlantic and Gulf of Mexico coasts from North Carolina to Mexico and spends the breeding season in the northern US and southern Canada (Alsop 2001). The piping plover breeds on sandy shorelines of reservoirs, along rivers and on alkalai flats in the prairies of the Northern Great Plains (Atkinson and Dood 2006). Critical habitat is designated for the piping plover in its breeding range in Montana; the nearest critical habitat to the Survey area is located along the southern border of the Survey area along the channel of the Missouri River (USFWS 2013c, Figure 3-3). Migrating piping plover arrive on breeding grounds in Montana beginning in late April, and leave by late August (Atkinson and Dood 2006). The occurrence of breeding piping plover has been documented within the channel of the Missouri River (Figure 3-3) (MTNHP 2013b). Threats to the piping plover in the Northern Great Plains breeding range include habitat loss and degradation, predation, and disturbance (USFWS 2009). Whooping Crane The whooping crane is federally listed as endangered. The whooping crane is the tallest bird found in North America, with males nearly five feet in height (Campbell 2003). The species is distinguished by a long neck, long black legs, white plumage and red markings above the bill (Alsop 2001). Three populations of whooping cranes exist: an introduced non-migratory population of whooping cranes in central Florida, an introduced eastern migratory population that migrates between Wisconsin and Florida, and the self-sustaining Aransas Wood Buffalo population that winters in Texas and may transit the Survey area during migration (USFWS 2007). The Aransas Wood Buffalo Population winters on the Texas coast at Aransas National Wildlife Refuge near Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 36 Rockport, where the area is covered with swales and ponds. They summer and nest in poorly drained wetlands of Wood Buffalo National Park in northern Canada (Alsop 2001). The known whooping crane migration corridor is approximately 200 miles wide, and the Survey area is on the western edge of this range (USFWS 2007, MTNHP 2013b). The primary stopover on the migration route is located in Saskatchewan (USFWS 2013j). The whooping crane may transit the Survey area during migration, though it is not listed on the FPIR list for threatened and endangered species. Threats to the whooping crane include habitat loss, severe weather and loss of genetic diversity (USFWS 2013j). Greater Sage-Grouse The greater sage-grouse is a candidate for federal listing under the ESA. The greater sage-grouse is the largest North American grouse and is distinguished by its long, pointed tail feathers and mottled buff, black and gray-brown plumage. Males have a black throat patch and yellow eye comb (Alsop 2001). The greater sage-grouse uses different food sources during different life stages; chicks primarily consume insects while juveniles and adults primarily eat (MTNHP 2013c). The current range of this species is limited to semiarid sagebrush (Artemisia spp.) and shrubgrassland habitats extending from southern Canada to Utah (MTNHP 2013c). This species requires large areas of contiguous sagebrush for feeding, mating displays and nesting. Males gather on leks, relatively bare areas near areas of dense sagebrush cover, to perform courtship displays prior to nesting (USFWS 2013f). Lekking and breeding occur in the spring from March to May; greater sage-grouse nest in sagebrush habitat in May (MTNHP 2013b). Leks have been identified on the western portion of the Reservation, but no occurrences of the greater sagegrouse are documented within the Survey area (MTNHP 2013b, Hendricks et al. 2013). A recent report (USFWS 2013f) delineates reasonable objectives for the conservation and survival of greater sage-grouse. It identifies several populations and risk assessments for the population. The Survey area is in the Great Plains Management Zone and in the Northern Montana Population. The Northern Montana Population is predominantly in northeast Montana but extends north into southern Saskatchewan and Alberta, making up these provinces’ entire sage-grouse populations. There are several designated Priority Areas of Conservation (PAC) in this population, though they are not included in the Survey area. The primary threat to the greater sage-grouse is habitat loss and fragmentation; other threats include disease, predation and drought (USFWS 2013f). Sprague’s Pipit Sprague’s pipit is a candidate for federal listing under the ESA. The Sprague’s pipit is a small (16.5 cm in length) songbird with a buff colored face, distinctive thin eye ring, and thin pale bill (Alsop 2011). The range of this migratory, ground nesting species extends from breeding grounds in the northern shortgrass prairies of southern Canada and the northern US to wintering grounds in the southern US and northern Mexico. During breeding season, migration, and on wintering grounds, the diet of the Sprague’s pipit consists primarily of arthropods. During late winter, seeds are incorporated into their diet (Jones 2010). This species rarely occurs in cultivated lands and is uncommon on non-native planted pasturelands (USFWS 2013h). This species occurs on large tracts of unbroken prairie grassland with little to no shrub cover. Sprague’s pipit is known to occur on the FPIR during the nesting season and was last observed in the vicinity of the Survey area in 2012 (Hendricks et al. 2013). Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 37 Results of point counts indicate the bird is not abundant but is widely distributed on FPIR (Hendricks et al. 2013). Breeding begins as early as late April and continues until mid to late August. Habitat loss, degradation, and fragmentation are primary threats to this species. Encroachment of woody vegetation resulting from fire suppression is also a threat to habitat on both breeding and wintering grounds (Jones 2010). Pallid Sturgeon The pallid sturgeon is federally listed as endangered under the ESA. The pallid sturgeon is a large (up to 180 cm long) fish with a distinctive flattened snout and is covered with bony plates (scutes) rather than scales (USFWS 2013e). This species feeds on aquatic insects and fish (MTNHP 2013c). The current range of pallid sturgeon includes the Missouri, Yellowstone, Mississippi and Atchafalya Rivers (USFWS 2013e). Pallid sturgeon occurs in large, turbid rivers where they remain close to the bottom (MTNHP 2013d). This species is believed to occur within the channel of the Missouri River above Ft. Peck Reservoir. The primary threat to the pallid sturgeon is habitat loss due to the impoundment, channelization, and other modifications to natural rivers (USFWS 2013e). TRIBAL SPECIES OF CONCERN Tribal species of concern are consistent with those addressed in the FPEA for the Fort Peck Reservation Rural Water Supply System (BIA 2002). Tribal species of concern include greater sage-grouse (Centrocercus urophasianus) and swift fox (Vulpes velo). Greater Sage-Grouse The greater sage-grouse is a candidate for federal listing under the ESA and is described in the preceding section. Swift Fox The swift fox is a small canine with a coat that is reddish in the summer and dark grey and tawny in the winter (MTNHP 2013c). This species primarily feeds on mammals and small insects. The range of this species extends from southern Canada to the Texas panhandle. The swift fox is not migratory and is present in Montana year-round (MTNHP 2013c). Preferred habitat for the swift fox is large areas of mostly undisturbed open prairie grasslands. This species either creates or uses existing burrows as dens (MTNHP 2013c). Swift foxes breed in late winter, and pups first emerge from the den by June (MTNHP 2013c).No occurrences of the swift fox are documented within the Survey area in the MTNHP database (MTNHP 2013b). However, a reintroduction program for the swift fox on the FPIR was approved in 2005 and individuals were introduced in 2006 and 2009 on the western portion of the FPIR (American Prairie Reserve 2013). The FPIR is currently monitoring the success of the reintroduction program, is monitoring 13 swift foxes, and has found 8 potential dens (American Prairie Reserve 2013). CULTURAL RESOURCES Cultural Setting Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 38 The name of the Assiniboine among themselves is Na-co-tah, same as the Sioux, which means "our people". By the Sioux they are called Ho' hai or Fish eaters," perhaps from the fact that they lived principally on fish while on the British grounds, as most of those Indians do. By the Cree and Chippewa they are called As-see-nee-poi-tuc or Stone Indians; hence the English name of Assiniboine arises. As has been stated, at the earliest date known they roved about the head of St. Peters, Des Moines, Lac du Diable, and Lac qui Parle; and they were then joined with the Sioux Indians, who inhabited and claimed all the lands between the Mississippi and the Missouri as low down as Big Sioux River and as high up as the head of River 'a Jacques, thence northward toward Lac du Diable, other bands of Sioux (Teton) residing west of the Missouri. The number of Assiniboine when they separated must have been at least 1500 lodges, averaging six souls to a lodge [or about 9,000 persons]. Their migration has been referred to and the extent of land they occupied in the British territory on the Saskatchewan, etc., was very large, but at present their habitat is entirely different, and it may be as well to state it here. The northern Assiniboine, 250 or 300 lodges, rove the country from the west banks of the Saskatchewan, Assiniboine, and Red Rivers in a westward direction to the Woody Mountains north and west among small spurs of the Rocky Mountains east of the Missouri, and among chains of small lakes through this immense region. Occasionally making peace with some of the northern bands of Blackfeet enables them to come a little farther west and deal with those Indians, but, these "peaces" being of short duration, they are for the most part limited to the prairies east and north of the Blackfeet range. The rest of the Assiniboine, say 500 to 520 lodges [who may be called the Southern Assiniboine],occupy the following district, commencing at the mouth of the White Earth River on the east, extending up that river to its head, thence northwest along the Couteau de Prairie, or Divide, as far as the Cyprus Mountains on the North Fork of the Milk River, thence down Milk River to its junction with the Missouri River, thence down the Missouri River to the mouth of the White Earth River, or the starting point. Formerly they inhabited a portion of country on the south side of the Missouri River along the Yellowstone River, but of late years, having met with great losses by Blackfeet, Sioux, and Crow war parties, they have been obliged to abandon this region and now they never go there. As before remarked, the Assiniboine still numbered 1,000 to 1,200 lodges, trading on the Missouri until the year 1838, when the small-pox reduced their numbers to less than 400 lodges. Also, being surrounded by large and hostile tribes, war has had its share in their destruction, though now they are increasing slowly. Traditionally the Dakota or Sioux are divided into seven bands or "council fires". These are 1)Bdewakanton; (2) Wahpekute; (3) Sisseton; (4) Wahpeton; (5) Yankton; (6) Yanktonai; and (7) Teton. The first four of these are known as the Eastern or Santee bands, and they speak what is known as the "D" dialect of the Dakota language. The fifth and sixth bands, the Yankton and Yanktonai are known as the Middle or Wici'yena bands, speaking the "N" dialect. The seventh band, the Teton, is also known as the Western Dakota and speaks Lako'ta, the "L" dialect of the language. When first met by Europeans, all seven bands of the Dakota were living in what is now the southern twothirds of the state of Minnesota, with adjacent slivers of Wisconsin, Iowa, and eastern North and South Dakota. Thus, on the Hennepin map of 1683 the Minnesota River is represented and, at its source, are the "Tinthonhaon" (Teton), further identified as "gens des Prairies". The "Nadouessous" (Dakota, band not specified) are located west of Lake Buade (Mille Lacs) about the sources of the Mississippi, and the "Issati" (probably the Bdewakanton and Wahpekute bands) are further south and east but on the western bank of the Mississippi. The "Oua de Battons ou gens de Riviere" (Wahpeton) are near Mille Lacs but northeast of that lake, while "Les Hanctons" (Yankton and perhaps Yanktonai) are due north of the Wahpeton, northeast of Mille Lacs. Still further north are the "Chongaskabe ou Nation des Forts" a group usually identified as the Sisseton band, while due west from this group is the "lac des Assenipoils" (lake of the Assiniboine) (Winchell 1911: 26, 28). Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 39 Shortly after the period of first European contact, or in other words the late 17th and early 18th centuries, the Teton, Yankton, and Yanktonai bands began a westward movement. The Teton band, already known to the French as the "gens des Prairies" or Prairie people, apparently led the way. In the process of migration west, or shortly prior thereto, the "Yankton" group divided into two parts, the Yankton proper or Iha'-kto-wa', and the "Little Yankton" or Yanktonai, Iha'-kto-wa'-na . the first means "End village dwellers", the second "Little end village dwellers", both deriving from the Dakkota iha'-ke "end", and towa'- "to dwell at a place", plus, in the case of the Yanktonai, the diminutive suffix na. Though it might appear that the Yanktonai were the subordinate group, by virtue of their designation as "Little Yankton", this was actually not the case. S.H. Long obtained a tradition to the effect that the Yanktonai were regarded as the "elder" band (Thomas 1959b: 990). Population figures for the two bands given by Thomas (1959a: 989; 1959b: 990-991) also indicate that throughout their recorded history the Yanktonai have usually outnumbered the Yankton, often by a factor of two or three to one. Traveling west, the Yankton moved into what is now southeastern South Dakota and nearby parts of Iowa and Minnesota. The Yanktonai moved further north, to the headwaters of the Big Sioux, James, and Red rivers. Lewis and Clark, who call the Yanktonai the "Yankton of the north" note that this group of the Dakota live on Hds. [headwaters] of R.[River] Jacques [James], on E. side (from the heads of the river St. Peters [Minnesota] and red river to the Missouri, about the great bend) (Thwaites ed. 1959 VI: 95) S.H. Long speaks of the Yanktonai as one of the most important of the Dakota bands, and notes that their hunting grounds extended from the Red River to the Missouri, extending as far north as Devil's Lake (Thomas 1959b: 990). Yanktonai wintering sites mentioned in the John K. Bear winter count indicate a much wider range, extending as far south as present Pipestone, Minnesota, and Huron, Mitchell, Platte, and Pickstown, South Dakota, though it is apparent that they shared much of this east-central South Dakota territory with their kinsmen the Yankton. Upper Yanktonai informants have told me that their people hunted and wintered on both sides of the Missouri as far north as Painted Woods, near present Washburn, North Dakota, which they considered the border of their domain in this area, and on the Red River of the North as far as the mouth of the Goose River, near present Caledonia, North Dakota. In the late 18th century they were strong enough to attack and almost exterminate a strongly stockade Mandan village near present Bismarck, North Dakota (Curtis 1908: 121). This locale, known as Taspa'- oju or "Apple orchard", near the mouth of present Apple Creek, is first mentioned in the John K. Bear winter count in 1773. It remained a favorite base of operations for the Yanktonai until the beginning of the reservation period (Curtis 1908: 121). To the west, the count mention the Heart River and the Killdeer Mountains in western North Dakota as wintering sites, and to the east the mouths of the Redwood River (near present Redwood Falls, Minnesota) and Yellow Medicine River (near present Granite Falls, Minnesota). Tribes with which the Yanktonai have engaged in armed conflict at one time or another are the Mandan, Hidatsa, Arikara, Plains-Cree, PlainsOjibwa, and Assiniboin, all to the north of the Yanktonai; to the west and northwest the Blackfoot, Atsina, Crow, Cheyenne, Nez Perce and Teton Dakota; to the South the Omaha and Pawnee. The John K. Bear winter count also mentions battles with the Winnebago, far to the east in Wisconsin. The heart of the 18th and 19th century Yanktonai domain, that part of northeastern South Dakota and southeastern North Dakota east of the Missouri, is a part of the tall grass region or true prairie, as distinguished from the "short grass" or High Plains country west of the river. Today it is used chiefly for cultivation, while the more arid trans-Missouri region to the west is used for the grazing of cattle. The subsistence pattern of the Yanktonai was virtually identical with that of their Yankton kinsmen to the south, which I gave, described in detail elsewhere (Howard 1972b: 290-292). Like the Yankton, the Yanktonai depended largely on the bison for meat and skins, with large, policed, "tribal" hunts twice a year, in midsummer and late fall. Individuals and small groups hunted bison, elk, deer, pronghorn antelope, and small game throughout the year. One Yanktonai specialty apparently not known to other Dakota groups was the use of rabbit sticks, similar to those of the Hopi and other Southwestern tribes Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 40 (Hurt 1950: 1-2). RELIGIOUS LAWS The traditional tribal cultural members of this Reservation believe that certain areas of the land are holy. These lands may be sacred, for example, because of religious events which occurred there, because they contain specific natural products, because they are the dwelling place or embodiment of spiritual beings, because they surround or contain burial grounds or because they are sites conducive to communicating with spiritual beings. There are specific religious beliefs regarding each sacred site which form the basis for religious laws governing the site. These laws may prescribe, for example, when and for what purpose the site may or must be visited, what ceremonies or rituals may or must take place at the site, what manner of conduct must or must not be observed at the site, who may or may not go to the site and the consequences to the individual, group, band or tribe if the laws are not observed. The ceremonies may also require preparatory rituals, purification rites or stages of preparation. Both active participants and observers may need to be readied. Natural substances may need to be gathered. Those who are unprepared or whose behavior or condition may alter the ceremony are often not permitted to attend. The proper spiritual atmosphere must be observed. Structures may need to be built for the ceremony or its preparation. The ceremony itself may be brief or it may last for days. The number of participants may range from one individual to a large group. RESERVATION BACKGROUND The Bureau of Indian Affairs authorized the establishment of the new Fort Peck Agency in December. Simmons was directed to remove the Milk river Agency as soon as possible, consolidating it with Fort Peck. He reported that before he left Fort Peck for Helena in order to make arrangements for removal of the old agency, 844 lodges of Tetons and Yanktonais had established their winter quarters around the new agency site,. Chiefs who had not previously made peace-Iron Star, Long Dog, Black Moon, Red Shield, Bearded Chin, Crow, Little Knife, and others- had come in, accepted terms, and joined the camp at Fort Peck. These were all drawing rations, and everything was quiet. By mid-January, Sitting Bull himself, with twenty to thirty lodges, was reported to be camped on Dry Creek, only about 40 miles from Fort Peck. The rest of his followers had joined the camp at the agency. The Lower Assiniboines, with the Santees and Yanktons, remained at Milk River Agency for the winter. New buildings to house Fort Peck Agency were constructed in 1873. Recognizing the impracticality of combining the two agencies, Simmons recommended that Milk River be continued; in July the creation of Milk River as a separate agency for the Upper Assiniboines and Gros Ventres was accomplished by executive order. The Lower Assiniboines, Santees, and Yanktons were officially transferred to Fort Peck. By June 15, 1873, Simmons could report that 1,260 lodges were already present at Fort Peck, representing all the Sioux bands as well as the Lower Assiniboines. He informed the Commissioner of Indian Affairs that in July the entire encampment would move up the Milk River to Beaver Creek, where they would have their summer buffalo hunt and cut new lodge poles in the Little Rocky Mountains. He expected them to return to the agency about the middle of September to form an encampment for the winter. During the summer of 1873 the Northern Pacific Railroad surveys continued. General Stanley headed an expedition of nearly two thousand men, including a corps of scientists, and spent three months marching westward from Fort Rice to the Yellowstone valley, down the Musselshell, and back way of Glendive Creek. They were to survey the route for the railroad, collect scientific data, and intimidate the Indians. The flamboyant Lieutenant Colonel Custer, whose destruction of Black Kettle's village of Cheyenne's on the Washita in 1868 had won him a reputation as an Indian fighter, was assigned to the Stanley Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 41 expedition. On August 4, riding far ahead of the main column with two troops of the Seventh Calvary, Custer was attacked by the Sioux near the mouth of the Tongue River. Fighting them off, Custer charged the Indians, who scattered before his troops. On august 11, the Seventh Calvary again skirmished with the Sioux on the north bank of the Yellowstone, below the mouth of the Big Horn, and pursued them 10 miles. It was not until January of 1874 that legal measures were taken to clarify the status of lands occupied by Indians in eastern Montana Territory. A congressional bill set aside the area from the boundary of Dakota Territory west to the Rocky Mountains and north of the Missouri River to the British line for the "use and occupation of the Gros Ventres, Piegan, Blood, Blackfoot, river Crow, and such other Indians as the President may, from time to time, see fit to locate thereon." Although both Fort Peck and Fort Belknap fell within the boundaries of this reservation, neither was explicitly mentioned in the legislation. In September, Agent Simmons was replaced by William Alderson. The agency Indians learned a lesson in government bureaucracy; thereafter, frequent changes of agency personnel would be commonplace, always destroying continuity and setting back progress. In his first annual report, Alderson estimated as "the lowest and most reliable list" the following Indians who were receiving supplies at Fort Peck Agency: [Lower]Assiniboine 1998 Santee and Sisseton Sioux 1065 [Upper] Yanctonai 2260 Uncpapa [Hu'kpap'a] Sioux 1420 Uncpatina [Hu'kpat'ina (Lower Yanktonai)] 460 Mixed-bloods 98 ______ Total 7307 Alderson classified the Indians under his charges into three categories. First, the Assiniboines and Santee Sioux (including the Sissetons); "They appear to comprehend their situation and inevitable destiny to a much greater degree than any other uncivilized Indians on or near the upper Missouri." The agent suggested that, were it not for the availability of game, they would be ready at once to adopt civilization. Second, the Upper and Lower Yanktonais: Alderson noted a marked change in their attitude during the preceding ten months; at first disdainful of the power and authority of the government, they were coming to acknowledge their dependence on it: "Many express a desire to engage in agriculture, prominent among them those chiefs who visited Washington in September 1872." Third, the Hunkpapas: "Wild and ungrateful," they refused to stay on the reservation and still claimed interest in the lands through which the Northern Pacific Railroad would pass. Alderson believed that many of the Hunkpapas from his agency went to the Yellowstone country only to hunt, "but once there, they are restrained and overawed by Sitting Bull, his associate chiefs, and his formidable soldier lodge, so that they cannot return to the agency when they wish." Some 250 lodges of Hunkpapas had received annuities at Fort Peck during the autumn of 1873, and were fed there until January of 1874, when they set out on their winter hunt. Half of them had not returned as of September, although the agent anticipated that most of them would return before the end of the month. ENVIRONMENTAL CONTEXT The physical environment is one of many factors that influenced the cultural development of an area. An awareness of the natural setting and available resources of an area allows informed interpretations of cultural issues such as settlement patterns and sedentism as well as resource utilization and exploitation. The environmental context provides data on regional ecological patterns such as floral distributions and Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 42 communities, regional geomorphology, soils, and hydrology. This process is identifying those aspects of the natural environment that may have influenced the cultural development of the past land use of the property. There are many floral, faunal, and mineral resources on the Fort Peck Reservation that constitute traditional cultural properties. On lands under the jurisdiction of the Bureau of Indian Affairs, these resources are already guaranteed a high measure of protection. The concerns that tribes have expressed include the protection of these resources from the potentially destructive forces of development, such as new pipelines and roads, or the casual, and often illegal, takings of cultural artifacts by visitors and local residents. Tribes also have a legitimate, traditional cultural interest in gaining limited access to some of these resources for use in healing and the conduct of any of a variety of religious observances. In discussing the types of traditional cultural properties, it must be emphasized that the information presented here represents only a portion of the knowledge that the Assiniboine and Sioux retain on animals, plants, minerals, and soils. Much of this knowledge remains unrecorded and unpublished and is transmitted orally in traditional contexts. Some of it particularly that which pertains to healing and ceremonial use, is privileged information, held by traditional religious practitioners and not widely known. Fauna: Fort Peck's cultural identity and spiritual significance in the eyes of Assiniboine and Sioux people is closely tied to its animals, especially the bison. Historically, the tribes had a twofold relationship to the area; first, it was a highly regarded hunting ground, and second, it was a spiritual place, a location spirits frequented and one where important transformative processes took place that gave animals and humans the breath of life. Since hunting can no longer bring subsistence provisions, this activity is no longer shared as a family pursuit or interest. Bison and other game animals that inhabit Reservation properties are seen as particularly significant because they live in proximity to their spiritual feedlots and because they roam on the grounds where the Great Migrations took place, where the Tribes first experienced the earth's smorgasbord, or where Iktomi traveled in his various quests to trick the people. Most traditionalists believe that the meat of bison has greater health-giving properties. Besides meat, there are many other animal parts, including hides, bones, skulls, shells, cartilage, bones, blood, and organs that have traditional cultural values and purposes. Tribal Elders might legitimately request any of these animal parts when young hunters bring home their reward. The following list summarizes the animals whose body parts have been customarily used as food, in craft tools, in healing and in various religious observances: Antelope, Ants, Badger, Bear, Beaver, Bighorn, Bison, Blue Jays, Bobcats, Butterflies, Coyote, Crane, Crow, Curlew, Dragonflies, Ducks, Eagles, Elk, Falcons, Ferret, Flicker, Fox, Geese, Gopher, Grasshoppers, Grouse, Hawks, Kingfisher, Lion, Magpie, Meadowlark, Mink, Moths, Mouse, Mountain Mule Deer, Nighthawk, Otter, Owls, Pelican, Porcupine, Prairie Chicken, Prairie Dog, Rabbit, Skunk, Squirrels, Sparrow, Spiders, Swallow, Turkey, Vultures, Warbler, Weasel, Whitetail Deer, Woodchucks, Woodpeckers, Wolf. Folia: The Fort Peck Reservation has long been associated with traditional plant collecting. Undeniably, the plants that grow in this area are believed to have more potency because of their association with strong and wet winters that govern the hardiness, growth and types of pollinators. The Fort Peck Reservation contains a host of plants important as food and medicine, in veterinary practice and in manufacturing, and with spiritual and symbolic significance: American Licorice, Beardtongue, Blazingstar, Blue Vervain, Breadroot Scurfpea, Cattail, Cleavers, Common Yarrow, Cowparsnip, Curlycup Gumweed, Evening Primrose, False Boneset, False Gromwell, Ground Cedar, Fetid Marigold, Field mint, Fleabane, Goldenrod, Goosefoot, Gromwell, Groundcherry, Hairy golden aster, Horseweed, Lanceleaf, bluebells, Locoweed, Mariposa Lily, Milkvetch, Milkweeds, lily, Wild Potatoes, American Elm, Ash, Bearberry, Box Elder, Buckthorn, Bur Oak, Buffaloberry, Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 43 Chokecherry, Cottonwood, Currant, Dogwood, Elderberry, False Indigo, Hackberry, Hawthorn, Hazelnut, Juniper, Leadplant, Nannyberry, Poison Ivy, Ponderosa, Raspberry, Sagewort, Sandcherry, Serviceberry, Skunkbush. Snakeweed, Snowberry, Sumac, Virgin's Bower, Wild Plum, Willow, Woodbine, Grasses, Rushes, Bulrush, Big bluestem, Grama, Junegrass, Little bluestem, Porcupine grass, Prairie cordgrass, Prairie sandreed, Wild rye, Lichens, Fungi, Puffballs. Dogwood and sage are important traditional cultural properties, and they occupy a central place in the healing and ceremonial traditions of the Assiniboine and Sioux. Properties from both plants can be taken without destroying the resource. Tribal healers are reluctant to talk about and identify the sources of their medicine. This is considered privileged information, which is not even shared with fellow tribal members. People are hesitant to talk about the locations where they gather plants for fear that divulging such information leads to restrictions on future access, especially in areas close to home. SOCIOECONOMICS The severe and unrelenting poverty on the Fort Peck Reservation permeates every aspect of reservation life and impact’s business, the law enforcement system, schools, the health care system and the environment. It is often compared to the Great Depression suffered in the United States during the 1930’s and rivals economic and social conditions in third world countries. U.S. Census data and Montana Department of Labor and Industry statistics verify the extreme poverty rates, unemployment rates, housing shortages and other socioeconomic factors that have become daily living conditions on the Fort Peck Reservation. Of the approximately 13,046 residents of the Fort Peck Reservation, over one-third lives below the poverty level. Forty percent are children under the age of 18. The unemployment rate exceeds 63 percent, compared to the national average of 4 percent. Of the 13,046 residents, 6,678 are without employment. Roosevelt county, which is home to 60 percent of the acreage and 88 percent the Native American population in the four counties that the Fort Peck Reservation overlaps ranks second, out of 56 counties, for the highest percent of children between the ages 5-17 living in poverty according to the State of Montana Bureau of Labor Statistics. Because of American Indian low-income levels, 52 percent of American Indians living on the Fort Peck Reservation are living in rental units compared to 26 percent of non-Indians. One third of families pay more than 35 percent of their income for gross rent. Gross family income for most of the American Indians is $650.00/mo., 35% for rent equals $227.50, leaving the family with $422.50 to pay for all other monthly expenses. Health care programs, including wellness and prevention services, are not meeting the needs of the residents of the Fort Peck Reservation. 50% of students on the Reservation test positive for the preconditions associated with Type 2 Diabetes, over 800 residents have Indian Health Services funding to address diabetes among Native Americans was “so severely under-funded that it served less than 20% of those who could benefit from it.” The Association also said that the rate of diagnosed diabetes in Native America is 259% higher than the U.S. average, and end stage renal disease was 579% higher. The Fort Peck Reservation suffers from a 5-year backlog of dental needs for residents, especially children and elders, a chronic shortage of health care professionals willing to work in this remote, rural area contributes to lengthy waits for health care services, causing residents to take the expensive route and head to the area emergency room for ailments that could be treated during routine office visits. American Indian student dropout of school at rates that are six times higher than their non-Indian Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 44 counterparts according to the US Department of Education (2010). They account for 25 percent of the student dropouts in the state. The relationship between lack of education and unemployment is clear. Those who drop out of school are also those who cannot or do not obtain and hold employment. Approximately 30% of Indian youth between the ages of 16 and 19 are not enrolled in school. Of those, approximately 70% are unemployed. Crime and violence rank above the national and regional averages on the Fort Peck Reservation. In 1993, one out of seven children had been abused, according to the Fort Peck Tribes Comprehensive Social Services Plan, which also noted that the Reservation had 1,700 referrals in one year. American Indian residents on the Fort Peck Reservation are more than twice as likely to die an accidental or violent death (homicide or suicide) than their non-Indian counterparts according to the Montana State Office of Public Information. Accidents are the third leading cause of death in Roosevelt County, compared to fifth statewide, according to the Montana Department of Public Health and Human Services. Demographic Trends Housing Community Infrastructure Lifestyle and Cultural Values The core strength of the Fort Peck Tribe lies with the commitment of the Fort Peck people to the preservation of their culture, language, and religion, and their continuing commitment to education. Despite centuries of western civilization encroachment and development in the West, the general philosophy of the Tribe has fostered a long tradition of low-impact resource use that focused on subsistence agriculture. However, as goals and interests have become more diverse over recent years, the Tribe has considered expanding the economic base of activities to encourage economic growth, while maintaining the cultural custom of self-sufficiency. Environmental Justice Presidential EO 12898, entitled Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (59 CFR 7629 [1994]), instructs federal agencies to incorporate environmental justice as part of their mission. As such, federal agencies are directed to identify and address as appropriate disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority and low-income populations. The project area is located within a community with a significant low-income population and a minority population. The Fort Peck are the only people involved in this development project. RESOURCE USE PATTERNS Current Land Uses/Land Use Plans The topography is generally flat and the land is currently farmed in small grains. The site is Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 45 approximately 605 feet from the nearest housing development, Airport Addition, in Poplar. The underlying site soils are associated with Williams and Zahill loams which are both comprised of welldrained, loamy glacial till. The adjacent land use is small grain farming. The dominant vegetation in the area consists of Western wheatgrass, bluegrass, and cheatgrass. This site has been identified by the Tribes’ Brownfields program as the site of an old landfill site used by the City of Poplar and the Fort Peck Tribes. A Phase I assessment has been completed on this site and has been selected for a Phase II assessment. The Phase II assessment has been initiated and will be completed by July 2014. It is unknown when an unofficial landfill started in the original Oxbow location of the Poplar River. Interviews indicate that when the landfill was moved from the Oxbow because of occasional flooding to a location further east of the River in about 1971, there was an agreement between the County and Tribe for the County to collect the trash from Tribal and non-Tribal households, business, and industrial entities in the area and deposited the wastes in the landfill, which was located on Tribal Trust Land. The landfill was known then as the Poplar Landfill and today as the Old Poplar Landfill. It operated from approximately 1971- 1986. In August 1978, the Montana Department of Health and Environmental Science, Solid Waste Management Bureau issued a conditional license for operations of the landfill. An Operations and Maintenance Plan was developed in October 1978 but needed changes to the operational procedures to be in compliance with regulations. In 1984, the Montana Department of Health and Environmental Science, Solid Waste Management Bureau conducted an inspection and issued a report stating that the operation should be immediately improved, a compliance plan should be developed and a solid waste management system license be obtained. No evidence was found to indicate these steps were completed and in 1986, the landfill operations were moved to a site further east of town and the old landfill site was covered and seeded. (The new location east of town is also known as the Poplar Landfill.) In addition to the landfill, there are potential environmental concerns from the adjoining properties including the Poplar Airport and Indian Reservation Roads (IRR)/Bureau of Indian Affairs (BIA) equipment and maintenance products storage area – which was formerly known as the BIA equipment and maintenance products storage area. Due to operational and maintenance products used on both sites, contaminants may have been released to the air, soil and water that may have or could migrate to the landfill. In a Phase I Environmental Assessment Report conducted for the Poplar Airport and Potential Impacts Associated with Adjoining Properties (dated October 2006), the following environmental concerns were noted. Observations and records show that airport and crop dusting operations from the 1940s – 1960s involved the use of pesticides that, if released, would pose a recognized environmental condition. The operator of the airport had worked with Montana Department of Environmental Quality (DEQ) and US Environmental Protection Agency (EPA) Region 8 to mitigate fuel storage tank issues. Small spills related to fueling, crop dusting, and maintenance and storage procedures may have occurred over the years although current observations indicated that the products are stored in appropriate containers. Although there is documentation of underground and aboveground storage tank releases within a two-mile radius and major contamination issues with a nearby well, all of these sites are off of the airport property and appear to be down gradient from the surface and ground water flows or contained in the tight clay soils which overlay the area aquifers. A possible exception to this may be Larry’s Conoco, which is located approximately ½ mile to the west of the Poplar Airport. It has unresolved issues related to petroleum releases, removal and disposal of contaminated soils, the need to identify the extent of soil and groundwater contamination, the need develop and implement a remediation plan for the site, and a potential petroleum plume migrating towards the sewer line. The adjoining IRR/BIA equipment and maintenance products storage area contains hazardous materials, although current observations indicate that the products are stored in appropriate containers. A Phase II Environmental Site Assessment for the Poplar Airport is currently being performed, but as of the date of this report, the Phase II Environmental Site Assessment Report has not been completed. It is recommended that a Phase II Environmental Site Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 46 Assessment be conducted to assist in determining the type and extend of contamination in relation to the Old Poplar Landfill. Phase II Environmental Site Assessment includes collecting samples, sending the samples to a certified lab for analysis and then recommending options to mitigate the situation if any are necessary. This recommendation is based upon the following findings of this Phase I Environmental Site Assessment: unknown potential contamination from residential, business and industrial sources of wastes deposited in the landfill that may pose a threat to health and the environment; potential contamination leaching from the landfill towards the Poplar River; potential releases and migration impacts from operational and maintenance uses at the adjoining properties of the Poplar Airport and IRR/BIA equipment and maintenance products storage areas. Additionally, reuse options of the site should take into consideration the presence of a former landfill. If prior to or during future assessment or cleanup activities, additional information indicates potential contamination or safety issues assessment and cleanup strategies would be developed and implemented. OTHER VALUES Public Health and Safety Emergency services are provided by the Tribe, including police, fire, and medical. The BIA Fort Peck Agency’s Police Station and Fire Rescue are located in Poplar, which in case of fire or emergency would be the first responders to the proposed development site. The distance between the project area and emergency services is similar to many other villages. The Fort Peck Health Indian Health Service is located within one mile of the development area. These services would be provided on-site for the Proposed Action. Noise and Light The Noise Control Act of 1972 gives the EPA the authority to establish noise regulations to control major sources of noise, including transportation vehicles and construction equipment. The most widely accepted land use related noise standards are those of the U.S. Department of Transportation’s Federal Highway Administration (FHWA) and the U.S. Department of Housing and Urban Development (HUD). The most significant existing ambient noise source is U.S. Highway 2 that runs through the entire reservation, east to west. Sensitive noise receptors are considered to be residences, hospitals, libraries, recreation areas, churches, and other similar uses. No sensitive receptors exist near the project area. Light pollution, obtrusive or unwanted nighttime lighting, is a side effect of human-occupied areas. It is a negative externality for activities involved with astronomical observation and wilderness areas. The project area is rural and contains little to no light sources in the vicinity. There are no observatories or designated wilderness areas near the project area. Visual Landscapes and their scenic quality vary according to the diversity of landforms, vegetation, and cultural or human-made features present. In general, landscapes with greater diversity of features are considered to be of higher scenic quality. The Fort Peck Plan does address visions, goals, and policies for landscapes and open space. The project area and immediately adjacent lands offer little topographic variation, and vegetation Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 47 consists of grasslands and range land. The project area has also been partially cleared and contains access roads. Surrounding views are wide and few obstructions or large natural features are present in adjacent areas. Climate Change On February 18, 2010, the CEQ issued three draft guidance documents, one of which addresses when and how Federal agencies should consider greenhouse gas emissions and climate change in their proposed actions, and the other addresses when agencies need to monitor commitments made in EAs and EISs (40 CFR Parts 1500-1508). Where the proposed activity is subject to GHG emissions accounting requirements, such as Clean Air Act reporting requirements that apply to stationary sources that directly emit 25,000 metric tons or more of CO2-equivalent GHG on an annual basis, the agency should include this information in the NEPA documentation for consideration by decision makers and the public (CEQ 2010). However, it is not currently useful for the NEPA analysis to attempt to link specific climatological changes, or the environmental impacts thereof, to the particular project or emissions, as such direct linkage is difficult to isolate and to understand. The estimated level of GHG emissions can serve as a reasonable proxy for assessing potential climate change impacts, and provide decision makers and the public with useful information for a reasoned choice among alternatives. The Fort Peck reservation in general is a sparsely populated, low carbon intensity area, with little to no heavy industry, commercial or institutional activity. Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 48 This page intentionally left blank. Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 49 CHAPTER 4. ENVIRONMENTAL CONSEQUENCES INTRODUCTION This chapter describes the changes or impacts to the human and natural environment that can be expected from implementing the Proposed Action or the No-Action Alternative. As discussed in Chapter 2, the Proposed Action includes conceptual plan elements, but the exact footprint of each element, timing or types of construction, etc., are unknown. As a result, the following impact analysis is programmatic in nature. Potential impacts are described in terms of type, context, duration, and intensity. Definitions are defined as follows. Type describes the classification of the impact as either beneficial or adverse, direct or indirect: o Beneficial: A positive change in the condition or appearance of the resource or a change that moves the resource toward a desired condition. o Adverse: A change that moves the resource away from a desired condition or detracts from its appearance or condition. o Direct: An effect that is caused by an action and occurs at the same time and place. o Indirect: An effect that is caused by an action but occurs later in time or is farther removed in distance, but is still reasonably foreseeable. Context describes the area or location in which the impact would occur. Are the effects sitespecific, local, regional, or even broader? Duration describes the length of time an effect would occur, either short-term or long-term: o Short-term impacts generally last only during construction, and the resources resume their pre-construction conditions following construction. o Long-term impacts last beyond the construction period, and the resources may not recover to their pre-construction conditions for a longer period of time following construction. Intensity describes the degree, level, or strength of an impact. For this analysis, intensity has been categorized into negligible, minor, moderate, and major. Impacts are considered minor if project-related impacts would occur, but resources would retain existing character and overall baseline conditions. Impacts are considered moderate if project-related impacts would occur, and resources would partially retain existing character. Some baseline conditions would remain unchanged. Finally, project-related impacts would occur that would create a high degree of change within the existing resource character and overall condition of resources. LAND RESOURCES No-Action Alternative Under the No-Action Alternative, the BIA would not approve a Master Development for the Fort Peck Tribal - Old Airport. Existing land use at the site would continue, and the tribe would not be authorized to develop space, submit grants or requests for many types of funding, or construct any buildings or Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 50 improvements on the property. No changes to land resources at the site (topography, soils, and geology, minerals or paleontological) are anticipated. The Fort Peck Tribe could proceed with elements of the Fort Peck Tribal - Old Airport project or other tribal projects using tribal money as long as no other Development, right-of-way, or approval is required that might trigger a federal action. Impacts would thus be similar or less than those discussed under the proposed action alternative. Alternatively, existing land use at the site could continue and the site could remain undeveloped. Proposed Action Alternative Under the Proposed Action, the tribe and associated parties would be able to develop the parcel consistent with the terms of the Master Development. The timing, phasing, and extent of development are unknown, however site-wide grading would be necessary for utilities, buildings, and roadways prior to construction. The majority of the site has been previously disturbed through acts of road construction, rough grading, farming and airport development. Added disturbances for the Proposed Action would have a minor impact on existing topography both during the short term and long term. Direct impacts resulting from the Proposed Action would include exposure of soils and increased risk of erosion, as well as the potential for soil compaction. Indirect impacts resulting from the Proposed Action could include increased risk of erosion from increased storm runoff across paved areas and from wind in disturbed areas. The potential for paleontological resources in the project area is low to moderate (Class 2 or 3 using the PFYC system described in Chapter 3). Monitoring during ground disturbing is only required for areas classified as 4 or higher (see Appendix D). Any development would be required to obtain a National Pollutant Discharge Elimination System (NPDES) permit to ensure that erosion-control measures are implemented during construction. Buildings would be constructed to meet nationally adopted building codes that would be adopted under the local Zoning Code. Due to the implementation of mitigation and project design features, the Proposed Action would have longterm, negligible, direct, and indirect impacts to land resources in the project area and minor beneficial impacts to topography through enhancement of existing rock outcroppings, and to soils through improved landscape and agricultural practices. WATER RESOURCES No-Action Alternative Under the No-Action Alternative, existing land use at the site would continue and there would be no change to water resources at the site (surface water or groundwater). Water demands would only be commensurate with existing demands from existing Fort Peck developments, meaning its use under the no action alternative would have little to no net effect to the local aquifer. Proposed Action Alternative The Fort Peck Water Resource Program oversees water management on the Fort Peck Reservation and the Fort Peck Tribes have the right to withdraw groundwater beneath the Reservation for on-Reservation beneficial use in accordance with any groundwater management plan which may be developed by the Tribe. Regulations and procedures outlined in the city Water Code would be implemented and integrated into surface water use and groundwater use plans. The Proposed Action would have short- and long-term, minor, direct, and indirect impacts to water resources in the project area. Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 51 LIVING RESOURCES No-Action Alternative Under the No-Action Alternative, existing land use at the site would continue and there would be no change to living resources at the site (vegetation and wildlife).. Proposed Action Alternative As noted in Chapter 3, vegetation in the project area has already been modified from years of agricultural practices and airport management. The Proposed Action would include ground disturbance and site grading that would result in the additional modification of vegetation and grazing habitat in areas where construction, excavation, and paving are planned (short term). Ground disturbance also increases the potential for invasive plant species to propagate because of disturbance of areas and possible seed introduction from machinery. Best management practices identified in Chapter 2 are expected to mitigate the introduction of invasive species. Ground disturbance and grading that would remove vegetation would result in habitat modification in the project footprint; however, unique vegetation communities, riparian areas, water, or forage sources attracting and concentrating wildlife populations do not occur in the development area. Wildlife would likely avoid the area during construction (short-term) activities. This could result in disturbances to individual wildlife from increased human presence in the area including vehicle traffic, recreational uses, and other activities. There would also be an increased potential for road mortality due to increased vehicle traffic in the area. Overall, the Fort Peck Reservation is rural and undeveloped, providing undisturbed habitat for the vast majority of its area. The Proposed Action would likely result in some short- and long-term impacts to habitat and individual wildlife, however in the context of overall habitat available on the Reservation; these impacts are expected to be minor. The Proposed Action would have short- and long-term, negligible, direct, and indirect impacts to vegetation and wildlife in the project area, particularly with implementation of project sustainability features. No designated critical habitat for any threatened or endangered species exists on or near the proposed project area. The Proposed Action alternative would have short- and long-term, moderate, direct and indirect impacts in the project area and minor beneficial impacts through planned range improvement programs. CULTURAL RESOURCES No-Action Alternative Under the No-Action Alternative, no construction activities and, therefore, no additional ground disturbance would occur in the project area. There would be no new impacts to cultural resources under the No-Action Alternative. Proposed Action Alternative Compliance with the National Historic Preservation Act considers the effects of the Old Poplar Airport Economic Development have on the cultural resources. The BIA in consultation with the fort Peck Tribal Historic Preservation Office mitigates any effect to cultural resources this project may have. Ft Peck Tribe is proposing a commercial development area consisting of a wellness center, hotel, travel information center, commercial plazas and housing development. The area proposed for the project is Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 52 located at the old Poplar airport. Along with using township, range and sections, the proposed project area can be defined on a map between the streets of: The Poplar River Rd, Medicine Bear Rd, Airport Addition Rd and the Frontage Rd, located in the city limits of Poplar, MT, Fort Peck Reservation. Setting: Historically the whole project area was seeded farm ground. In present time the current setting is half seeded farm ground and the other half is the decommissioned Poplar airport, with native grass. The project area in its entirety was previously disturbed and continues to be so. The farm ground is broken up and re-seeded annually and the old airport area has construction activities currently happening to clean up the area and take out the air strip and associated comments. BIA archaeologist conducted a pedestrian survey using 15 meter transects survey method. The survey was conducted on April 29 and 30, 2013. After survey was completed on the 30th, the BIA archaeologist brought a Ft Peck THPO monitor out to the survey area to look at possible cultural areas. Herman Pipe (monitor) did not have any concerns over the area; specifically mentioning “no cultural concerns”. Results/Recommendations: No archaeological or cultural sites were located within the project area. BIA offers two recommendations; one prior to construction and one during construction. First, the road slated for development located on the south side of hotel development area is recommended to be re-designed into a road with a turn-around at the end; there should not be a need to cut into the hill side for connection to Medicine Bear Rd. This recommendation reduces the probability of soil erosion and road maintenance in that section. The second recommendation is to have a Fort Peck THPO monitor present for all ground disturbing activities watching for inadvertent discoveries. SOCIOECONOMICS No-Action Alternative Under the No-Action Alternative, the BIA would not approve a Master Development for the Poplar Community and existing land use at the site would continue, and tribe would not be authorized to space, request funding, or construct any buildings or improvements on the property. The need for additional housing development on the Reservation would not be met by this Proposed Action. The Fort Peck Tribal Council would not realize tribal land use goals of developing a major development center as part of their self-determination efforts as a tribal nation. Proposed Action Alternative The Proposed Action would result in a short-term increase in available jobs in the area during construction. There could be a minor, short-term increase in population as workers would likely come from the Reservation and Reservation people returning home from Winslow, Flagstaff, and other locations for these construction jobs. After the development is complete, an increase in commercial services in the area, and newly available housing to Fort Peck residents would result, including an increase in attendant employment. Additional housing at the site is intended to alleviate the Reservation-wide housing shortage, therefore no increase in population is expected in the long term. Housing would be designed to meet a full range of housing needs for ownership and rental conditions. The housing increase would increase the number of homes on the Fort Peck Reservation, something the community is in need of. Indirect impacts would include a potential increase in tourism in the area, because the Fort Peck Tribal Old Airport would provide an anchor and gateway for tourist activity on the Reservation. Increased tourism activity would result in an increase in incomes for Tribal residents and general revenues for the Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 53 Fort Peck Tribe. The Fort Peck Reservation is considered an environmental justice community (minority and low-income). Implementation of the Proposed Action would result in short- and long-term employment opportunities, potentially leading to an increase in local resident income. Development of housing and associated facilities within the development would raise the availability of housing on the. No disproportionately high or adverse impacts to environmental justice communities are anticipated. The Proposed Action would result in short- and long-term, minor, direct, and indirect beneficial impacts to minority and low-income populations on the Reservation. RESOURCE USE PATTERNS No-Action Alternative Under the No-Action Alternative, the BIA would not approve a Master Development for the Fort Peck Tribal - Old Airport and existing land use at the site would continue. No changes to transportation networks or land use would result. There would be no increase in vehicular traffic on project area roadways. Proposed Action Alternative The Proposed Action would result in short- and long-term, minor, direct, and indirect impacts to resource use patterns on the Reservation. OTHER VALUES No-Action Alternative Under the No-Action Alternative, the BIA would not approve a Master Development for the Fort Peck Tribal - Old Airport and existing land use at the site would continue. No changes beyond current conditions are anticipated. Proposed Action Alternative Public Health and Safety The Proposed Action includes plans for an institutional campus, space for health and wellness services within the Town Center, sites for a fire station and police station, sites for elder housing within the housing neighborhoods, and possibly a detention facility. Public health and safety would be addressed within the developed community. The Proposed Action would result in generation of domestic trash, which would be accommodated by the Office of Solid Waste Management. The project is not expected to generate or utilize hazardous chemicals during construction. Additional waste generated would be transported to the solid waste landfill 2 miles east, which is lined to protect groundwater supplies. Radiation has not been a problem in the vicinity of the project area, but if concerns about radon are raised during construction processes, additional surveys can be completed after the earthwork construction is complete. Noise and Light Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 54 The development of the Proposed Action Alternative would result in no long-term increase in noise or light over that presently occurring in the project area. Construction noise would be intermittent and temporary. Activities within the development would generate ambient noise through vehicle, electric, and other infrastructure equipment. Noise receptors would only be created within the proposed action, although this is temporary during the construction activities. Outdoor lighting would comply with Fort Peck development guidelines and ordinances to minimize the effects of light pollution. The proposed development is not expected to increase the light pollution; lighting at the proposed facility would comply with Fort Peck ordinances to minimize the effects of light pollution from the facility by use of shields, dimmers, and/or full cutoff lighting fixtures. Visual Similarly, the development of the Proposed Action Alternative would result in no decrease in the scenic quality of the landscape, and would not obstruct or detract from viewsheds, except in within the immediate area of buildings. Proposed development includes buildings designed with facades, shapes and at heights to maintain goals of the Fort Peck Reservation, which include balancing economic development and traditional values (OCPED 2001: Appendix I). Climate Change The proposed development is not be subject to laws and regulations of the Clean Air Act, as no major or minor point sources are anticipated in future development. No individual facilities within the proposed action are expected to be subject to GHG emissions accounting requirements. The Proposed Action would result in short- and long-term, negligible, direct, and indirect impacts to public health and safety, Noise and Light, Visual, and Climate Change. CUMULATIVE IMPACTS The cumulative impacts analysis area includes the project footprint and the Fort Peck Reservation. The projects considered in the cumulative effects analysis are listed in Appendix C, Table C-1. Water Resources Low- to medium-density residential housing is expected to develop slowly throughout the village areas, but population projections are modest, and residential water uses are significantly lower than agricultural or industrial uses. The Proposed Action would not contribute cumulative impacts to groundwater depletion, as water used for demolition, construction, and operation wouldl come from an existing well. Additional demands on the Fort Peck water development program may arise if it becomes integrated into the village network of wells and storage, but the future growth is expected to be modest on the Reservation. The Proposed Action is not expected to impact the current or projected water delivery amounts for the region. Vegetation and Wildlife Cumulative impacts on vegetation and wildlife from ongoing development would include removal of native vegetation. Cumulative impacts to habitat in the area would not be significant. Socioeconomics and Environmental Justice Approval by the BIA of the Master Development would enable the Fort Peck Tribe to generate new revenues, both directly through leasing of facilities and indirectly by attracting customers to other cultural Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 55 and recreational amenities in the immediate area. This would have the potential cumulative effect of contributing to greater employment opportunities, delivery of quality services and improved quality of life for Tribal members. Resource Use Patterns The increase in traffic discussed above would result in a minor incremental cumulative impact to the modest growth within the Reservation, particularly near the villages. The possible extension of roads within the project area would become an important future roadway into Fort Peck from the north, creating much-needed connections with tourism traffic in the area. With extensions of this roadway would come future improvements to the existing BIA roadway system necessary for the increased traffic. If multiple construction activities occur simultaneously, then cumulative impacts from demolition construction noise could occur. In the future, when construction of buildings takes place, the CDC would be responsible for assessing other construction activities in the area to determine whether the project would cause noise or air quality impacts. If multiple construction projects are implemented at the same time, construction activities can be phased to minimize noise and air quality impairment. IMPACT SUMMARY Table 4-1. Impact Summary Resource/ Resource Use No-Action Alternative Proposed Action Alternative Land Resources (Topography) No impact expected. Negligible impacts to topography. Land Resources (Soils) No impact expected. Negligible impacts to soils. Land Resources (Geology, Minerals, Paleontology) No impact expected. Negligible impacts to geology. Water Resources (Surface) No impact expected. Minor impacts to surface water. Water Resources (Ground) No impact expected. Minor impacts to ground water. Living Resources (Vegetation) No impact expected. Negligible impacts to vegetation. Living Resources (Wildlife) No impact expected. Negligible impacts to vegetation. Living Resources (Agriculture) No impact expected. Negligible impacts to agriculture Cultural Resources No impact expected. No impact expected. Socioeconomics Revenues unrealized and no additional temporary or permanent jobs. No additional housing. Minor beneficial impacts expected through additional housing, job creation, and revenue generation. Environmental Justice No impact expected. Minor beneficial impacts expected through additional housing, job creation, and revenue generation. Resource Use Patterns (Transportation) No impact expected. Minor impacts to transportation. Resource Use Patterns (Land Use) No impact expected. Minor impacts to land use. CUMULATIVE IMPACTS Council on Environmental Quality regulations implementing NEPA define cumulative impacts as “the impact on the environment which results from the incremental impact of the action when added to other Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 56 past, present, and reasonably foreseeable actions regardless of what agency (federal or non-federal) or person undertakes such other actions. Cumulative impacts can result from individually minor but collectively significant actions taking place over a period of time” (40 CFR 1508.7). If the actions under each alternative have no direct or indirect effect on a resource, then the cumulative impacts on that resource are not addressed. In any NEPA analysis, it is preferable to quantify the assessment of effects (changes) on each affected resource. This is true for direct, indirect, and cumulative effects. Where possible, the analysis is quantified. Where quantification is not available, a meaningful and qualified judgment of cumulative effects is included to inform the public and the decision maker. The cumulative impacts analysis area includes the project footprint and the Fort Peck Reservation. The following projects were considered in the cumulative effects analysis; the actual analyses are presented by resource in Chapter 3, not in this appendix. Projects Considered Past, present, and reasonably foreseeable future actions relevant to this project are considered. The impacts of past and present actions (Table C-1) have been incorporated into the existing condition discussions included within each resource presented in Chapter 3. Table C-1. Past and Present Actions Past and Present Activities* Location Geotechnical testing Within project area Water well testing Within project area Fort Peck Arsenic Mitigation Project (HAMP), Turquoise Well 2 miles southeast of the Fort Peck Tribal - Old Airport Past and Present Activities* Fort Peck Tribal - Old Airport Electricity/Transmission Location To be determined General Description WLB 2004; testing conducted for project WLB 2004; testing conducted for project Past, Present, Future Past Past Two additional HAMP wells Ongoing and a storage tank proposed along with a waterline, located approximately 1 and 2 miles southeast of the Fort Peck Tribal - Old Airport. These Past, Present, General Description would Future provide/expand/upgrade the network of wells to meet tribal Future Power source for community, demands, either APSincreasing or NTUA supply stability with high quality water. In addition to the Turqoise Well producing up to 345 gpm, these two wells are estimated at similar capacities. Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 57 CHAPTER 5. CONSULTATION AND COORDINATION As discussed in the agency scoping summary in Chapter 1, federal, state, local, and Tribal agencies cooperatively wrote this PEA. The parties are listed below. Fort Peck Health Care Center Fort Peck Tribe Office of Range Management U.S. Bureau of Indian Affairs Fort Peck Agency – Wildland Fire Management U.S. Bureau of Indian Affairs Fort Peck Agency – Law Enforcement Services Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 59 CHAPTER 6. LIST OF PREPARERS Federal Agencies Bureau of Indian Affairs Bureau of Indian Affairs Rocky Mountain Region Justin Moshelle Staff Archaeologist Chapter 4 Cultural Resources Jo’Etta Plumage Regional Archaeologist reviewer Fort Peck Tribe Tribal Historic Preservation Office -Curly Youpee Chapter 3 Cultural Resources Environmental -Deb Madison Chapter 2 , 3, 4 Economic Development Walter White Tail Feather Chapter 3 and 4 Social Economic Felix M. McGowan, CEO Nishnaabe/Pembina Enterprises LLC Editor Chapter 1-4 Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 60 This page intentionally left blank. Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 61 CHAPTER 7. LITERATURE CITED 1905 Curtis Edwards S. The North American Indian: Volume 3 by Original Journals of the Lewis and Clark Expedition 1804 – 1806 1907 Edward S. Curtis The North American Indian: Vol.3.; The Yanktonai; 119, The Assiniboine; 125, The Teton Sioux 137, pub. () 1908 Thomas C The Cambridge History of the Native Peoples of the Americas: 1911 Winchell N.H. Aborigines of Minnesota: A Report; Based on the Collections of Jacob V. Brower, and on the Field Surveys and Notes of Alfred J. Hill and Theodore H. Lewis – Collated, Augmented and Described By – Published By the Minnesota Historic Society (1906– 1911) 1920 Major Stephen H. Long The Yellowstone Expedition of 1819 – 1920: Secretary of War; Corps of Engineers, USA "You will conciliate the Indians by kindness and presents, and will ascertain as far as practical the number and character of the various tribes, with the extent of the country claimed by each." Library of Congress Cataloging-inPublication Data; Chittenden, Hiram Martin 1953 Hurt, Wesley R, House Types of the Santee Indians; Museum News W. H. Over Museum 14(11): 1-3, Additional Notes on Dakota House Types of South Dakota; Museum News, W. H. Over Museum 15(1): 3. 1986 Raymond J. Demallie, Royal B. Hassrick, and Glenn E. Markoe Vestiges of a Proud Nation: The Ogden B. Read Northern Plains Indian Collection. With essays by. University of Nebraska Press,. (Illustrated catalog of a well-documented collection in the Robert Hall Fleming Museum, University of Vermont) 1987 USACE,US Army Corps Of Engineers Wetlands Delineation Manual http://www.wetlands.com/regs/tlpge02e.htm 2002 Final Programmatic Environmental Assessment, Fort Peck Reservation Rural Water System Fort Peck Reservation and Dry Prairie Service Areas Department of Interior Bureau of Reclamation, Bureau of Indian Affairs, Montana Department of Environmental Quality Montana Department of Natural Resources and Conservation 2003 Department of Transportation Federal Highway Administration (DOT FHWA). . FHWA Roadway Construction Noise Model User’s Guide. FHWA-HEP-05-054, DOTVNTSC-FHWA-05-01. USDOT Research and Innovative Technology Administration John A. Volpe National Transportation Systems Center, Acoustics Facility, Cambridge, MA 02142. 2004 Therivel, Riki Strategic Environmental Assessment in Action, http://www.ebookcenter.ir 2006 Atkinson, S.J. and Dood, A.R.. Montana Piping Plover Management Plan. Montana Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 62 Department of Fish, Wildlife and Parks, Bozeman, Montana. 78 pp. 2008 Montana Noxious Weed Summit Advisory Council Montana Noxious Weed 1 Summit Advisory Council2 Weed Management Task Force. 2008. The Montana Weed Management Plan. In Cooperation 3 With Montana Weed Control Association, Federal and State Agencies, Montana University 4 System, County Weed Districts, and Private Land Managers. Available online at: 5 http://agr.mt.gov/agr/Programs/Weeds/PDF/2008weedPlan.pdfMontana 2010 Final Fort Peck Detention Center Environmental Assessment. Fort Peck Tribes Environmental Protection 2010a US Fish and Wildlife Service (US FWS).. Black-footed Ferret (Mustela nigripes). http://www.fws.gov/mountain-prairie/factsheets/Black-Footed-Ferret.pdf. 2010b US Fish and Wildlife Service (US FWS) U.S. Fish and Wildlife Service October 1, 2010 Assiniboine and Sioux Rural Water Supply System (ASRWSS). Fort Peck Tribes. BOR 2012 US Fish and Wildlife Service (US FWS). National Wetlands Inventory. Accessed 6/1/2013, from Wetlands Inventory Data - Keyhole Markup Language File: http://www.fws.gov/wetlands/Data/index.html 2012 Indian Affairs National Environmental Policy Act (NEPA) Guidebook, 59 IAM 3-H. ` Reston, Virginia: U.S. Department of the Interior, Bureau of Indian Affairs, Division of Environmental and Cultural Resources Management. 2012a Bureau of Land Management (BLM) Guidance for the Montana/Dakotas Bureau of Land Management to Meet Responsibilities under the Migratory Bird Treaty Act and Executive Order 13186. Instruction Memorandum No. MT-2012. 2012a. Birds Protected by the Migratory Bird Treaty Act, List of Migratory Birds. U.S. Fish and WildlifeService Migratory Bird Program. Available at: http://www.fws.gov/migratorybirds/RegulationsPolicies/mbta/taxolst.html. 2012b. List of threatened and endangered species. Available at: http://www.fws.gov/southwest/es/arizona/Threatened.htm#CountyList. 2012b. Bureau of Land Management (BLM). Nest Dragging Protects Migratory Bird Nests. online at: http://www.blm.gov/mt/st/en/info/newsroom/steward/07fall/nest.html 2013 Klienfelder, Environmental Assessment For The East Poplar Unit Carbon Dioxide Enhanced Oil Recovery Pilot Project East Poplar Unit 200, 201, 202iw, 203, & 204 Wells 2013 Cardno ENTRIX. Environmental Assessment For Fort Peck 3D Seismic Survey Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 63 2013 SWCA Tawa’ovi Community Development Project Programmatic Environmental Assessment Available at www.hopi-nsn.gov/wpcontent/uploads/2013/06/06052013_Tawaovi-EA 2013 Montana Field Guide, Animals Plants, Lichen and Ecological Systems http://fieldguide.mt.gov/ 2013a Montana Department of Transportation (MDOT). Traffic Data Collection and Analysis. Available24 online at http://www.mdt.mt.gov/publications/datastats/statewide_traffic.shtml 2013 American Prairie Reserve. Swift Fox Reintroduction and Study. 2013a US Fish and Wildlife Service (US FWS).. Species Profile, Black-Footed ferret (Mustela nigripes). http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=A004. 2013b US Fish and Wildlife Service (US FWS).. Black-footed ferret information, USFWS Montana Ecological Services Field Office, listed species information. Accessed 6/4/2013 online at http://www.fws.gov/mountainprairie/species/mammals/blackfootedferret/. 2013 Fort Peck Tribes. 2013. Fish and Game Department. Available online at 16 http://www.fortpecktribes.org/fgd/. 2013c US Fish and Wildlife Service (US FWS. Critical Habitat Portal. Accessed 6/3/2013 online at http://criticalhabitat.fws.gov/crithab/. 2013d US Fish and Wildlife Service (US FWS) Endangered, Threatened, Proposed and Candidate Species Montana Counties, Endangered Species Act. httpttp://www.fws.gov/montanafieldoffice/Endangered_Species/Listed_Species/countyl ist.pdf 2013e US Fish and Wildlife Service (US FWS).Fact Sheet, Pallid Sturgeon (Scaphirynchus albus). http://www.fws.gov/midwest/Endangered/fishes/palld_fc.html. 2013f US Fish and Wildlife Service (US FWS Greater Sage-grouse (Centrocercus urophasianus) Conservation Objectives: Final Report. US Fish and Wildlife Service, Denver, CO. February 2013.US Fish and Wildlife Service (US FWS). 2013g. List of Migratory Birds. http://www.fws.gov/migratorybirds/regulationspolicies/mbta/mbtandx.html. 2013h US Fish and Wildlife Service (US FWS). Sprague’s pipit (Anthus spragueii) Species Profilehttp://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=B0GD 2013i US Fish and Wildlife Service (US FWS). Threatened, Endangered and Candidate Species For the Fort Peck Indian Reservation. Accessed 5/23/2013 online at http://www.fws.gov/montanafieldoffice/Endangered_Species/Listed_Species/Reservati ons/Fort_Peck_Reservation_sp_list.pdf Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 64 2013j US Fish and Wildlife Service (US FWS) Whooping crane (Grus Americana) Species Profile http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=B003. nd. Fort Peck Tribes Cultural Resources Department – World Views of the Fort Peck Traditionals Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 65 APPENDIX A. FORT PECK RESERVATION USFWS SPECIES LIST Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 66 Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013 67 APPENDIX B. THPO LETTER AND RESPONSE Fort Peck Tribal – Old Airport Development Project Programmatic Environmental September 2013