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File Code: 5430 Date: March 10, 2016

Subject: Shooting Star Land Exchange Range Report

To: Walt Allen/Bob Dennee

The proposed Shooting Star Ranch Land Exchange (LEX) is located north of Gardiner Montana in the Cinnabar Basin Area and the Slip and Slide area on the Gardiner Ranger District of the Custer Gallatin National Forest (See Vicinity Map below). The proposed LEX includes an exchange of Federal and Non-federal lands of approximately equal value. All lands considered for exchange are located in Park County, Montana, within Township 8 South, Range 7 East.

EXISTING CONDITIONS

The proposed Shooting Star Ranch Land Exchange (LEX) area encompasses approximately 590 acres of the Lion Creek Grazing allotment as well as 583 acres of Shooting Star Ranch lands near the Slip and Slide

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Creek area on the Gardiner Ranger District of the Custer Gallatin National Forest. Below is a description of affected National Forest grazing allotment and lands outside of National Forest grazing allotments:

• Lion Creek Allotment: The Lion Creek Allotment encompasses approximately 7,233 acres (5,949 NFS and 1,284 Private) in the Lion Creek and Mill Creek drainages of Cinnabar Basin (See Lion Creek C&H Allotment Map below). Of these total acres, approximately 1,261 acres (636 NFS and 625 private) are suitable1 for livestock grazing, and 5,972 (5,313 NFS and 659 private) acres are too steep, rocky, forested or otherwise not suitable for livestock grazing. This grazing allotment has been vacant since 1995 and it was waived back to the Forest Service in 1999. This allotment permitted 100 cow/calf pairs to be grazed under a four pasture deferred grazing rotation system2 which includes private land pastures. There are no water developments, and one allotment boundary fence between Cottonwood and Lion Creek Allotments that has not been maintained for over 12 years. On the federal lands, four different water rights claimed by the Forest Service are used for stock watering:

Claim No. 43B 59804-00 is for stock; source is Dixon Creek; Claim No. 43B 59808-00 is for stock; source is North Fork Lion Creek; Claim No. 43B 59809-00 is for stock; source is Lion Creek; Claim No. 43B 59811-00 is for stock; source is Mill Creek

This allotment had been grazed by sheep and cattle since the early 1900’s. Grazing permits for this allotment included a Term Grazing Permit3 for 53 cow/calf pairs and a Term Private Land Grazing Permit4 for 47 cow/calf pairs from June 16th to October 15th. Historically, access to this allotment is by permission only making it difficult to administer this allotment.

1 Suitable range is that which produces more than 100 pounds per acre (air dry weight) of palatable livestock forage, is accessible to cattle under practical management, has vegetation and soils capable of being grazed without damage, is within one-half mile of a water source, and has slopes generally less than 30%. 2 Deferred rotation grazing system is to delay grazing until the range plants have had time to set seed. Cattle start in different pastures each year to allow for plants to recover. 3 A Term Grazing Permit is issued for livestock grazing on National Forest System lands for up to 10 years. 4 A Term Private Land Grazing Permit is issued to qualified applicant who owns or controls at least 1/3 of the land within the grazing permit. The applicant waives exclusive grazing use of the private lands to the Forest Service.

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• Shooting Star Ranch lands identified for exchange to U.S: Per field visits, sections 1, 2 and 11, T8S, R7E are considered suitable for livestock grazing while section 12, T8S, R7E is considered to be too steep, rocky, forested or otherwise not suitable for livestock grazing. There are existing irrigation systems, fences along the boundaries of National Forest System (NFS) and Dome Mountain WMA lands, holding facilities for bison, corrals and several lakes and seeps/spring areas. There are also six different water rights claimed by the Shooting Star Ranch:

Claim No. 43B 194225-00 is for a domestic well. Claim No. 43B 194239-00 is for irrigation; source is Slip & Slide Creek. Claim No. 43B 194240-00 is for irrigation; Slip & Slide Creek. Claim No. 43B 194249-00 is for stock; Slip & Slide Creek. Claim No. 43B 194255-00 is for stock; Little Slip & Slide Creek. Claim No. 43B 30028199 is for domestic & stock from a developed spring.

Currently, there are no private grazing leases, permits, reserved rights, or other arrangements on these lands. Montana Department of Livestock (MTDOL) currently leases a portion of the Shooting Star Ranch lands for a bison research and quarantine facility, in cooperation with USDA APHIS. Shooting Star Ranch will not modify or extend the bison lease to a date beyond the closing of the land exchange.

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FUTURE CONDITIONS POST LEX

Should this LEX occur as proposed, no grazing permits would be affected. The changes resulting from the LEX would be as follows:

• Lion Creek Allotment: Approximately 480 acres of section 30 and 110 acres of section 32, T8S, R7E would become private land, changing the acreage within the allotment to 7,233 acres (5,574 NFS and 1,659 Private). These 590 acres contain over 70% of the suitable range within this allotment. Without these suitable grazing acres, this allotment will not be a viable allotment; therefore, the allotment would no longer be suitable as a National Forest allotment and the Forest Service may take appropriate steps to close the allotment in the future. Existing water rights would become private necessitating the following action:

1. Four water rights held by the Forest Service would transfer to Shooting Star Ranch:

Claim No. 43B 59804-00 is for stock; source is Dixon Creek; Claim No. 43B 59808-00 is for stock; source is North Fork Lion Creek; Claim No. 43B 59809-00 is for stock; source is Lion Creek; Claim No. 43B 59811-00 is for stock; source is Mill Creek

• Shooting Star Ranch lands identified for exchange to U.S.: Sections 1, 2, 11 and 12, T8S, R7E

would become NFS lands. Existing fences and irrigation equipment are intended to remain in place for future agency use. Existing water rights would become federal necessitating the following action:

1. Six water rights held by Shooting Star Ranch would transfer to the Forest Service:

Claim No. 43B 194225-00 is for a domestic well. Claim No. 43B 194239-00 is for irrigation; source is Slip & Slide Creek. Claim No. 43B 194240-00 is for irrigation; Slip & Slide Creek. Claim No. 43B 194249-00 is for stock; Slip & Slide Creek. Claim No. 43B 194255-00 is for stock; Little Slip & Slide Creek. Claim No. 43B 30028199 is for domestic & stock from a developed spring.

Chauntelle M. Rock Rangeland Management Specialist