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rights. BLM has also recommended additional mitigation measures to the Stone's application to the DMG, with which Mr. Stone has indicated he will comply. The Federal Land Planagement & Policy Act of 1976, Section 302 (b), requires the Secretary of the Interior to "take any action necessary to prevent unnecessary or undue degradation" of the public lands. Any disturbance or occupancy outside of this criteria would constitute a discretionary action, therefore, requiring authorization from BLM (which could include denial). An Environmental Assessment and/or Environmental Impact Statement is required by the National Environmental Protection Act (NEPA) for any federal undertaking/action. Since this is not a federal action (no federal decision or authorization), preparation of an Environmental Assessment or Environmental Impact statement is not appropriate. Similarly, since this is not a federal undertaking, compliance with Section 106 of the National Historic Preservation Act and Section 7 of the Endangered Species Act are not specifically triggered. However, to provide appropriate recommendations for reclamation and protection of federal surface from unnecessary or undue degradation, this analysis has been made by an interdisciplinary team to identify reasonable environmental mitigations. DESCRIPTION OF THE PROPOSED ACTION For a detailed description of the mining and reclamation plan, refer to Daren Stone's application to DMG #I•i-97-089. Generally, Mr. Stone proposes to mine gravel resources from the subsurface of the subject property in sequential order in units ranging from 3.6 acres to 25+ acres in size. Each unit would have the topsoil removed (6-12 inches) and stockpiled, overburden removed (3-5 feet) and stockpiled, the minable resource removed (approximately 8-12 feet deep), then overburden replaced and contoured, topsoil replaced and contoured, with reseeding and mulching to occur at "the earliest climatic opportunity". Approximately 110-120 acres are identified as mineralized. The amount of mineral resource extracted each year would be market driven, as would therefore, the life of the gravel pit. Based on the information provided in the mining plan, there could be from 1.5 to 2.3 million cubic yards of useable mineral material in the subject parcel. In consideration of the proposal, the only alternative available to the BLM is to develop and recommend mitigation measures to reduce possible impacts to public surface resources and ensure adequate and appropriate reclamation of the site. With mitigation measures in place, it is not expected that there would be unnecessary or undue degradation of the public lands from execution of Mr. Stone's proposal. "No Action" is not a legal alternative for the federal government in this situation where the dominant estate is privately o•,aned. 3