JENNIFER WILLIAMS, ET AL

JENNIFER WILLIAMS, ET AL.

196 IBLA 356

Decided April 1, 2021

JENNIFER WILLIAMS, ET AL.

IBLA 2017-81, et al.

Decided April 1, 2021

Appeals from a Decision Record of the Field Manager, Buffalo (Wyoming) Field Office, Bureau of Land Management, approving the granting of a right-of-way to construct and maintain the Red Grade Trail Project. WYW-168503.

Affirmed.

APPEARANCES: Jennifer Williams, pro se; Mary B. "Molly" Clark, pro se; Christian L. Marsh, Esq., and Rebecca R.A. Smith, Esq., Downey Brand LLP, San Francisco, California, for R. Bret Rhinesmith; Ann C. Umphres, Esq., Office of the Regional Solicitor, U.S. Department of the Interior, Lakewood, Colorado, for the Bureau of Land Management.

OPINION BY ACTING ADMINISTRATIVE JUDGE BALLENGER

Jennifer Williams, Mary B. "Molly" Clark, and R. Bret Rhinesmith (collectively, Appellants)1 appeal a November 30, 2016, Decision Record (Decision) by the Buffalo

(Wyoming) Field Office, Bureau of Land Management (BLM) approving the application of Sheridan County, Wyoming and the Sheridan Community Land Trust (SCLT)2 for a

1 The Board docketed Appellants' individual appeals as IBLA 2017-81 (Ms. Williams), IBLA 2017-82 (Ms. Clark), and IBLA 2017-84 (Mr. Rhinesmith), respectively. Council for Bighorn Range also filed an appeal, which was docketed as IBLA 2017-83 and consolidated with the instant appeals; however, the Board granted the Council's motion to withdraw its appeal by order dated June 22, 2017. 2 While SCLT originally sought the ROW on behalf of Sheridan County, it was later determined that the ROW should be issued to the County, which then formally applied. See, e.g., Administrative Record (AR) Document (Doc.) Number (No.) 7, Red Grade Trail Project Environmental Assessment, DOI-BLM-WY-P070-2016-0037-EA at 8 (Nov. 2016)

196 IBLA 356

IBLA 2017-81, et al.

right-of-way (ROW), WYW-168503. The ROW permits SCLT, in partnership with Sheridan County, to construct and maintain the Red Grade Trail Project (RGTP), comprising 3.84 miles of trails and an associated trailhead/parking area on BLM lands.

SUMMARY

Appellants' challenge asserts flaws in the environmental assessment (EA) through which BLM satisfied its National Environmental Policy Act (NEPA) obligations for the Decision. They advance a number of theories, primarily revolving around the central premise that the RGTP is a portion of a larger planned trail system, such that BLM was required in the EA to analyze the potential impacts of the other portions of the system on lands and resources outside of BLM's jurisdiction. We find that the other potential projects associated with the contemplated system are not connected actions with the RGTP requiring their consideration in a single analysis, and that BLM's cumulative impacts analyses adequately considered the impacts of the RGTP with those of other existing and reasonably foreseeable projects based on the circumstances at the time. We also find that Appellants have not met their burden to establish that the purpose and need statement, and resulting consideration of alternatives, was improperly narrow. Accordingly, we affirm BLM's Decision.

BACKGROUND

In October 2014, SCLT first brought forward a proposal for the construction of a "comprehensive non-motorized trail system" crossing state, BLM, and U.S. Forest Service (USFS) lands in order "to develop seamless non-motorized recreation opportunities from the State lands at the bottom of Red Grade to the Bighorn National Forest at the top of the grade."3 This System, which we will refer to as the Red Grade Trails System (RGT System or System), would encompass approximately 34 miles of trails and seven accompanying trailheads and parking areas.4

The SCLT sought to develop the RGT System to enhance year-round nonmotorized recreational opportunities in the area through the creation of trails for use by

(EA) ("Sheridan County would hold the ROW; SCLT and Sheridan County would manage the trail system per a Memorandum of Understanding"). For ease of reference, we will generally refer throughout to SCLT as the proponent of the ROW for the RGTP. 3 Id. at 6, 7, 8. 4 Id. at 12; AR Doc. No. 440, Red Grade Trails System, A proposal by the Sheridan Community Land Trust at 1 (Oct. 2014) (Oct. 2014 SCLT Proposal).

196 IBLA 357

IBLA 2017-81, et al.

hikers, mountain bikers, runners, skiers, and snowshoers.5 Another primary justification offered for the RGT System was that use of the county road crossing the public lands in the area by pedestrians, cyclists, and motor vehicles had created traffic, parking, and other public safety concerns.6 The BLM-administered portion of the proposed RGT System would include a total of 6.49 miles of trails and two trailheads/parking areas7 on the 280-acre Red Grade Parcel, which is situated between the state lands (to the east) and USFS lands (to the west) and is managed as part of the North Bighorns Extensive Recreation Management Area to support the principal recreation activities commensurate with other resource uses.8

As proposed by SCLT, the RGT System would be built in five phases, with the first phase on the state lands, followed by four separate phases of trail and parking area construction starting on BLM's Red Grade Parcel and ultimately progressing to USFS-administered lands in the Bighorn National Forest, with each successive phase contingent on distinct funding and approvals.9 SCLT secured a 25-year Special Use Lease for the relevant state lands in August 2014, and had made substantial progress on developing the state-land trails by the fall of 2015.10

Though BLM and USFS initially explored the possibility of a joint environmental analysis for the portions of the RGT System within their respective jurisdictions, USFS was not prepared to move forward on its pending requests at the same time BLM was

5 EA at 6; see AR Doc. No. 442, Revised SCLT Proposal for Red Grade Trails System at 1 (Mar. 11, 2016) (Revised Proposal) ("This network of trails will offer hikers, bikers, runners, skiers, snowshoers and other users new and improved opportunities to enjoy State and BLM lands within 30 minutes of downtown Sheridan and just a few minutes from the community of Big Horn."). 6 EA at 7, 28. 7 See AR Doc. No. 9, Red Grade Trail Project Draft EA, EA-WY-070-15-32 at 20-21 (May 2015) (May 2015 Draft EA). 8 EA at 24; BLM's Answer at 15 (filed May 1, 2017) (Answer). 9 May 2015 Draft EA at 8. 10 See AR Doc. No. 444, Letter from Wyoming Office of State Lands and Investments to SCLT (Aug. 21, 2014) (communicating Aug. 14 approval of 25-year special use lease for trails and parking areas on state lands); AR Doc. No. 463, Letter from Colin Betzler, SCLT Executive Director, to Bill Ostheimer, BLM (Oct. 13, 2015) (noting completion of first 1.8 miles of trails on state lands, opened Sept. 26, 2015); EA at 6, 8, 14, 27-28 (noting commencement of construction and completion of almost two miles of new trails and parking area improvements on state lands in 2015); Revised Proposal at 1 ("SCLT has already developed roughly two miles of non-motorized trail on State land adjacent to BLM land and plans to reconstruct two existing parking areas for trailhead/parking use.").

196 IBLA 358

IBLA 2017-81, et al.

ready to begin its analysis of SCLT's application for a ROW across BLM land.11 Accordingly, BLM issued a draft EA in May 2015, analyzing the potential impacts of the portions of the RGT System contemplated for the BLM Red Grade Parcel.12 Following consideration of public comments, SCLT submitted a revised ROW application to BLM in October 2015, modifying the scope of activity for the ROW under consideration.13 We will refer to this modified proposal as the Red Grade Trail Project, or RGTP. The RGTP, which had been prepared in consultation with BLM, addressed concerns raised in response to the May 2015 draft EA by reducing the scope of activities proposed for the ROW on BLM lands, as compared to the originally proposed action, dropping the number of proposed parking areas (from two to one) as well as the miles of trail (from 6.49 to 3.84 miles) and acreage implicated (from 5.25 to 2.02 acres).14 The RGTP was also designed to function independently of any trails to be constructed on USFS-administered lands in a future phase of the RGT System, including through its elimination of the trails connecting BLM and USFS lands and the parking area that served them.15

BLM issued a second draft EA in July 2016,16 adding two new alternatives (Alternatives 3 and 4) to the no action and originally proposed action.17 Alternative 4, proposed by Mr. Rhinesmith, contemplated a reduced two-trail system, with no trailhead/parking areas, on the BLM lands.18 Alternative 3, which BLM identified as the preferred alternative, was the RGTP.

On November 30, 2016, BLM issued the final EA, a finding of no significant impact (FONSI), and the Decision. The Decision adopted Alternative 3 (the RGTP), approving the grant of a 10-foot ROW (ROW # WYW-168503) to construct 3.84 miles of trails (disturbing 1.86 acres) and one trailhead/parking area (disturbing 0.16 acres) situated entirely on BLM-administered lands.19 BLM concluded in the Decision that taking such action would "support[] the management objective for the BLM [Buffalo Field Office (BFO)] [outdoor] recreation program and advance[] community-driven

11 EA at 97, 100. 12 See May 2015 Draft EA. 13 See AR Doc. No. 441, Red Grade Trails System, A revised project proposal by the Sheridan Community Land Trust at 1 (Jan. 22, 2016). 14 EA at 12, 19-20. 15 Id. at 19-20. 16 See AR Doc. No. 8, Red Grade Trail Project Draft EA, DOI-BLM-WY-P070-2016-0037EA (July 2016). 17 EA at 6, 8. 18 See AR Doc. No. 21, E-mail from R. Bret Rhinesmith to BLM Personnel (Feb. 19, 2016); EA at 8, 22. 19 AR Doc. No. 5, Decision Record, Red Grade Trails System ROW to Sheridan County, SCLT, ROW #: WYW-168503 at 3-4 (Nov. 30, 2016) (DR); EA at 20.

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