BLM 2024 LEASE SAN TAN REGIONAL PARK.PDF

Form 2912-1

UNITED STATES
(May 2001)

DEPARTMENT OF THE INTERIOR

Serial Number

BUREAU OF LAND MANAGEMENT

RECREATION OR PUBLIC PURPOSES LEASE

AZAZ106187134

Act of June 14,1926, as amended (43 U.S.C. 869 et. seq.)

This lease entered into on this day of

authorized officer of the Bureau of Land Management, and
Maricopa County

301 W Jefferson St # 10,

Phoenix, AZ 85003

,20 24 , by the United States of America, the lessor, through the

hereinafter

called the lessee, pursuant and subject to the terms and provisions of the Recreation and Public Purposes Act and to all reasonable regulations of the
Secretary of the Interior now or hereafter in force when not inconsistent with any express and specific provisions herein, which are made a part

hereof,

WITNESSETH:

Sec. 1. The lessor, in consideration of the rents to be paid and the conditions to be observed as hereinafter set forth, does hereby grantand lease to the
lessee the right and privilege of using for the purposes hereinafter set forth in the following-described lands:

See Exhibit A - Legal Description

containing 6,908.6 acres, together with the right to construct and maintain thereon all buildings or other improvements necessary for such use

foraperiodof 25 years, the rentaltobe$ 0

perannum. If, at the expiration date of the leasethe authorized officer shall determine

that the lease may be renewed, the lessee herein will be accorded the privilege of renewal upon such terms as may be fixed by the lessor. The lessee may

use the premises for

a recreational park consisting of a multi-use trail system, trailheads, comfort stations, iron rangers, parking lots, park host sites, equestrian
staging area, familiy picnic area, and other facilites detailed in EA AZA-020-2004-0045/San Tan Mountains Regional Park Master Plan dated

February 24, 2004, and the Goldmine Trailhead Plan of Development.

Future park master plans/amendments and surface disturbance shall be reviewed by the Bureau of Land Management prior to

implementation.

Sec. 2. There are reserved to the United States all mineral deposits in
said lands, together with the right to mine and remove the same under
applicable laws and regulations to be established by the Secretary of
the Interior.

Sec. 3. The lessor reserves the right of entry, or use, by

(a) any authorized person, upon the leased area and into the
buildings constructed thereon for the purpose of inspection;

(b) Federal agents and game wardens upon the leased area on
official business;

(c) the United States, its permittees and licensees, to mine and
remove the mineral deposits referred to in Sec. 2, above.

Sec. 4. In consideration of the foregoing, the lessee hereby agrees:

(a) To improve and manage the leased area in accordance with the
plan of development and management designated as

San Tan Mountains Regional Park Master Plan dated February 24,
2004

and approved by an authorized officer on 09/03/2004

or any modification thereof hereinafter approved by an authorized
officer, and to maintain all improvements, during the term of this lease,
in areasonably good state of repair,

(b) To pay the lessor the annual rental above set forth in advance
during the continuance of this lease.

(Continued on page 2)

(c) Not to allow the use of the lands for unlawful purposes or for any
purpose not specified in this lease unless consented to under its terms:
not to prohibit or restrict, directly or indirectly, or permit its agents,
employees, contractors (including, without limitation, lessees, sub-
lessees, and permittees), to prohibit or restrict the use of any part of the
leased premises or any of the facilities thereon by any person because of
such person’s race, creed, color, sex, or national origin.

(d) Not to assign this lease or to change the use of the land without
first receiving the consent of the authorized officer of the Bureau of
Land Management.

(e) That this lease may be terminated after due notice to the lessee
upon a finding by the authorized officer that the lessee had failed to
comply with the terms of the lease; or has failed to use the leased lands
for the purposes specified in this lease for a period of 10 consec-
utive years; or that all or part of the lands is being devoted tosome other
use not consented to by the authorized officer; or that the lessee has not
complied with his development and management plans referred to in
subsection 4(a).

(f) That upon the termination of this lease by expiration, surrender,
or cancellation thereof, the lessee, shal! surrender possession of the
premises to the United States in good condition and shall comply with
such provisions and conditions respecting the removal of the improve-
ments of and equipment on the property as may be made by an
authorized officer.

(g) To take such reasonable steps as may be needed to protect the
surface of the leased area and the natural resources and improvements
thereon.

(h) Not to cut timber on the leased area without prior permission of,
or in violation of the provisions and conditions made by an authorized
officer.

(i) That nothing contained in this lease shall restrict the acquisition,
granting, or use of permits or rights-of-way under existing laws by an
authorized Federal officer.

Sec. 5. Equal Opportunity Clause. Lessee will comply with all provi-
sions of Executive Order No. 11246 of September 24,1965, as amended,
and the rules, regulations, and relevant orders of the Secretary of
Labor. Neither lessee nor lessee’s subcontractors shall maintain
segregated facilities.

FOR EXECUTION BY LESSEE

IN WITNESS WHEREOF:

Sec. 6. Equal Access Clause. Lessee shall comply with all provisions of
the American Disabilities Act of July 26, 1990 the Architectural Barriers
Act of 1968 and Section 504 of the Rehabilitation Act of 1973, as
amended. These Acts require that programs and public facilities
constructed or renovated he accessible to and usable by persons with
disabilitics.

Sec. 7. The lessee may surrender this lease or any part thereof by filing
a written relinquishment in the appropriate BLM office. The relin-
quishment shall be subject to the payment of all accrued rentals and to
the continued obligation of the lessee to place the lands in condition for
relinquishment in accordance with the applicable lease terms in
subsections 4(f) and 4(g) and the appropriate regulations.

Sec. 8. The lessee further agrees to comply with and be bound by those
additional terms and conditions identified as

Exhibit C - Stipulations

and which are made a part hereof.

Sec. 9. No Member of, or Delegate to, the Congress, or Resident
Commissioner, after his election or appointment, and either before or
after he has qualified, and during his continuance in office, and no
officer, agent, or employee of the Department of the Interior, except as
otherwise provided in 43 CFR, Part 7,shall be admitted to any share or
part of this lease, or derive any benefit that may arise there from, and
the provisions of Title 18 U.S.C. Sections 431—433, relating to con-
tracts, enter into and form a part of this lease, so far as the same may be
applicable.

THE UNITED STATES OF AMERICA

By

(Signature of Lessee’s Authorized Officer)

(Authorized Officer)

District Manager, Phoenix District Office

(Signature of Witness)

(Title)

(Date)

(Date)

This form does not constitute an information collection as defined by 44 U.S.C. 3502 and therefore does not require OMB approval.

(Form 2912-1, page 2)

Exhibit A

Legal Description
Gila and Salt River Meridian, Arizona, Pinal County
T.3S.,R.7E,,
sec. 4, SASW%, WASWSEX;

sec.
sec.
sec,
sec.
sec.
sec.
sec.
sec.
sec.
sec.
sec.
sec.
sec.
sec.

8, EZ, EASW%,;

9, Wh, SE%, SANE;
10, WANE%, WH;

16, NY%;

17, E%, EANW%;

19, Lots 2 thru 4, E%, SEANW%, E“ZSW%;
20, EEX;

21, All;

22, SW, WASWHSEX;
28, All;

29, All;

30, All;

31, All;

32, All.

The area described contains 6,908.61 acres.

Project Map
AZAZ106187134
AZA-29177(02)

[Z23san Tan Mountain Lease Proposed Boundary
Bureau of Land Management

Map Prepared by
Ryan Randell
Date: 7/14/2024

SCALE 1:50,000
|

Coordinate System: NAD 1983 UTM Zone 12N
Projection: Transverse Mercator
Datum: North American 1983,

17 No warranty is made by the Bureau of Land Management
‘as to the accuracy, reliability, or completeness of these
data for individual use or aggregate use with other data.

v

5

3°] unrrep states DEPARTMENT OF THE INTERIOR

yon BUREAU OF LAND MANAGEMENT
PHOENIX DISTRICT OFFICE

‘Source; BLM GIS, ADOT, USGS, BOC

San Tan Mountains Regional Park
AZAZ106187134 - July 25, 2024

EXHIBIT C
STIPULATIONS

This lease is issued subject to the holder's compliance with all applicable regulations contained
in Title 43 Code of Federal Regulations parts 2740 and 2912.

Any cultural and/or paleontological resources (historic or prehistoric site or object) discovered
by the holder or any person working on the holder’s behalf, on public or federal land shall be
immediately reported to the authorized officer. The holder shall suspend all operations in the
immediate area of such discovery until written authorization to proceed is issued by the
authorized officer. An evaluation of the discovery will be made the authorized officer to
determine the appropriate actions to prevent the loss of significant cultural or scientific values.
The holder will be responsible for the cost of the evaluation and any decision as to the proper
mitigation measures will be made by the authorized officer after consulting with the holder.

If any changes are proposed for improvements or developments (ground disturbance) that may
impact cultural resources, immediate consultation needs to be initiated with the BLM Lower
Sonoran Field Manager. The Lower Sonoran Archaeologist would assist the manager in
evaluating the effect of the proposal and recommend appropriate measures to reduce or
minimize the impacts, under Section 106 of the National Historic Preservation Act (NRHP).

The BLM, with assistance from the Arizona Site Steward Program, shall monitor the condition
of all known cultural sites. If patrols of the known sites indicate that the visitors are negatively
impacting the sites, consultation with the BLM Lower Sonoran Field Manager and the
archaeologist would be required to address the impacts and develop alternative methods for
deterring such impacts.

The lessee, in consultation with the BLM, shall develop interpretive curriculum for the
education of visitors about the cultural heritage of the area and the protection of the cultural
heritage within the park. In addition, a card with a list of points of etiquette for cultural sites
shall be developed and placed near where the visitors enter the park.

In the unlikely event that human remains, and associated objects are found within the lease
area, the procedures found here will be followed:

A. Work or other activities shall cease in the immediate area of the discovery and the BLM
Lower Sonoran Field Manager and Archaeologist shall be notified within 24 hours.
Measures must be taken to secure the remains at the site of discovery during this time.

B. The lessee shall ensure that a Secretary of Interior-qualified archaeological consultant is
utilized to record the location of the remains, their condition, their antiquity, and their
probable cultural affiliation (to the degree that these can be determined). This information
will be required in the notification. Human remains and associated object shall not be
displayed or photographed. No information is to be shared or discussed with the public or
the media. All human remains encountered within the park will be treated with dignity and
respect.

C. Additional procedures after this point will be carried out by BLM in accordance with the
provisions of the Native American Graves Protection and Repatriation Act (NAGPRA).

10.

11.

12,

13.

14.

15.

16.

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AZAZ1061871364 - July 25, 2024

The lessee or its successor in interest shall comply with and shall not violate any of the terms
and conditions of Title VI of the Civil Rights Act of 1964 (78 Stat. 241), and requirements of
the regulations, as modified or amended, of the Secretary of the Interior issued pursuant thereto
(43 CFR 17) for the period that the lands leased herein are used for the purpose of which the
lease was made pursuant to the act cited above, or for another purpose involving the provision
of similar services or benefits.

If the lessee or its successor in interest does not comply with the terms or provisions of Title
VI of the Civil Rights Act of 1964, and the requirements imposed by the Department of the
Interior issued pursuant to that title, during the period during which the property described
herein is used for the purpose for which the lease was made pursuant to the act cited above, or
for another purpose involving the provision of similar services or benefits, the Secretary of the
Interior or his delegate may declare the terms of the lease terminated in whole or in part.

The Lessee, by acceptance of the lease, agrees for itself or its successors in interest that a
declaration of termination in whole or in part of this lease shall, at the option of the Secretary
or his delegate, operate to revest in the United States full title to the lands involved in the
declaration.

The United States shall have the right to seek judicial enforcement of the requirements of Title
VI of the Civil Rights Act of 1964, and the terms and conditions of the regulations, as modified
or amended, of the Secretary of the Interior issued pursuant to said Title VI, in the event of
their violation by the lessee.

The lessee or its successor in interest will, upon request of the Secretary of the Interior or his
delegate, post and maintain on the property leased by the document signs and posters bearing
a legend concerning the applicability of Title VI of the Civil Rights Act of 1964 to the area or
facility leased.

The reservations, conditions, and limitations contained in paragraphs 7 through 11 shall
constitute a covenant running with the land, binding on the lessee and its successors in interest
for the period for which the land described herein used for the purpose for which this lease was
made, or for another purpose involving the provision of similar services or benefits.

The assurances and covenant required by sections 7 through 12 above shall not apply to
ultimate beneficiaries under the program for which the lease is made. “Ultimate Beneficiaries”
are identified in 43 CFR 17.12(h).

The lessee further agrees to not transfer the property conveyed by this instrument for the
purposes designated or for another purpose involving the provision of similar services or
benefits, unless and until the transferee gives similar written assurance to the authorized officer,
the Bureau of Land Management. ,

During construction and operations of the park facilities, “Guidelines for Handling Sonoran
Desert Tortoises Encountered on Development Projects” (Arizona Game and Fish Department
2014) would be followed. (attached)

Maricopa County would establish, as part of its operations plan, educational outreach on the
Sonoran Desert tortoise in conjunction with the proposed interpretive trail and at informative
kiosks throughout the park.

San Tan Mountains Regional Park
AZAZ106187134 - July 25, 2024

17. The following measures from the Recommended Standard Mitigation Measures for Projects in
Sonoran Desert Tortoise Habitat (Arizona Interagency Desert Tortoise Team 2008) would also
be implemented as part of the Proposed Action to minimize potential impacts to BLM sensitive
species:

18.

19.

A.

To the extent possible, project activities would be scheduled when tortoises are inactive
(typically November | to March 1).

A desert tortoise protection education program would be presented to all employees,
inspectors, supervisors, contractors, and subcontractors who carry out proposed activities
at the project site.

Areas of any future proposed new construction or disturbance would be flagged or marked
on the ground prior to construction. All construction workers would strictly limit their
activities and vehicles to areas that have been marked. Construction personnel would be
trained to recognize markers and understand the equipment movement restrictions
involved.

Clean all vehicles and equipment with compressed air to remove any attached seeds, roots
and rhizomes, and soil or other debris prior to entering or leaving BLM owned land on the
project site to help prevent the establishment and spread of non-native or noxious plant
species. Consider creating vehicle wash stations prior to entering sensitive habitat areas to
prevent accidental introduction of non-native plants.

Always inspect the work area and beneath all vehicles and equipment prior to starting and
moving equipment to ensure there are no wildlife species in harm’s way, and limit vehicle
use to existing routes to the extent possible. Project-related vehicles should not exceed 25
mph on unpaved roads within desert tortoise habitat.

Project features that might trap or entangle desert tortoises, such as open trenches, pits,
open pipes, etc., would be covered or modified to prevent entrapment and backfilled as
soon as possible.

If desert tortoises are encountered during implementation, activities should be modified to
avoid injuring or harming it. If the activities cannot be modified, the tortoise will be moved
according to the Arizona Game and Fish Department’s Guidelines for Handling Sonoran
Desert Tortoises Encountered on Development Projects (AGFD 2014). Take, possession,
or harassment of a desert tortoise is prohibited by State law, unless specifically authorized
by AZGEFD.

Any proposed surface disturbance would have to be analyzed by the BLM prior to
implementation. Due to the potential for endangered species to occur within the leased
area, Section 7 consultation with the U.S. Fish and Wildlife Service could be initiated.

During raptor nesting season and upon confirmed active raptor nest in climbing area, Maricopa
County would consider providing signage that would notify and educate the public active
nesting.

To the extent possible, any future proposed vegetation removal activities would be conducted
outside of the primary migratory bird nesting season (March 1 — July 15) to avoid potential

20.

San Tan Mountains Regional Park
AZAZ106187134 - July 25, 2024

destruction of active migratory bird nests or disturbance to nesting birds. If vegetation clearing
activities are required for construction during the bird-nesting season, Maricopa County would
perform a clearance survey to check the area for active nests. Any active nests encountered
would be avoided until the birds have fledged.

For the protection of biological resources and in accordance with the Migratory Bird Treaty
Act, the following conservation measures apply:

A. When project activities cannot occur outside the bird nesting season, conduct surveys prior
to scheduled activity to determine if active nests are present within the area of impact and
buffer any nesting locations found during surveys.

a. Contact the U.S. Fish and Wildlife Service for guidance to minimize impacts to
migratory birds associated with the proposed project or removal of an active nest.
Active nests may only be removed if you receive a permit from your local
Migratory Bird Permit Office. A permit may authorize active nest removal by a
qualified biologist with bird handling experience or by a. permitted bird
rehabilitator.

B. For temporary and permanent habitat restoration/enhancement, use only native and local
(when possible) seed and plant stock.

C. Remove invasive/exotic species that pose an attractive nuisance to migratory birds.

D. Minimize artificial light. If artificial light is necessary, use warm-toned lighting with
shielding or canting to avoid light trespass into wildlife habitat.

E. Restrict unauthorized access to natural areas adjacent to the project site by erecting a barrier
and/or avoidance buffers (e.g., gate, fence, wall) to minimize foot traffic and off-road
vehicle uses.

F. Minimize entrapment and entanglement hazards through project design measures that may
include:

a. Installing anti-perching devices on facilities/equipment where birds may
commonly nest or perch.

b. Covering or enclosing all potential nesting surfaces on the structure with mesh
netting, chicken wire fencing, or other suitable exclusion material prior to the
nesting season to prevent birds from establishing new nests. The netting, fencing,
or other material must have no opening or mesh size greater than 19 mm and must
be maintained until the structure is removed.

c. Cap pipes and cover/seal all small dark spaces where birds may enter and become
trapped.

G. Minimize an increase in noise above ambient levels during project construction by
installing temporary structural barriers such as sandbags and avoid permanent additions to
ambient noise levels from the proposed project by using baffle boxes or sound walls.

H.

San Tan Mountains Regional Park
AZAZ106187 134 - July 25, 2024

Avoid chemical contamination of the project area by implementing a Hazardous Materials
Plan. For more information on hazardous waste and how to properly manage hazardous
waste, see the EPA Hazardous Waste website.

Avoid soil contamination by using drip pans underneath equipment and containment zones
at construction sites and when refueling vehicles or equipment.

Any use of pesticides or rodenticides shall comply with the applicable Federal and State
laws.

Reduce fire hazards from vehicles and human activities (e.g., use spark arrestors on power
equipment, avoid driving vehicles off road).

21. Animal-proof trash receptacles would be utilized throughout the park to discourage
opportunistic wildlife feeding.

22.

23,

Maricopa County will follow the BLM Phoenix District Office’s (PDO’s) Integrated Weed
Management Plan (Bureau of Land Management Phoenix District Office 2015), which would
be utilized on site during and after any future proposed construction.

The following measures would reduce visual resource impacts within the characteristic

landscape;

A. Materials and surface treatments should repeat and/or blend with the existing form, line,
color, and texture of the landscape.

B. Exterior finish, color, and texture of buildings and other structures would be selected to
blend with the characteristic landscape. Paint colors would be specified to blend in with
the existing landscape colors as closely as possible.

C. Nighttime lighting at facilities would be controlled by using shielded and down-casting
fixtures and motion detection switches using full-shielded, full-cutoff, and down-casting
fixtures.

D. Installation of non-native gravel or asphalt pavement would be avoided where possible to
reduce color and texture contrasts with the existing landscape.

E. Existing rocks, vegetation, and drainage patterns would be preserved to the maximum
extent possible.

F. Signage and markers would be minimized whenever possible. Reverse sides of signs and

mounts would be painted or coated to reduce color contrasts with the existing landscape.
Markers would be only as tall as necessary to be seen by the intended viewer.

San Tan Mountains Regional Park
AZAZ106187134 - July 25, 2024

Standard Fire Prevention and Control Stipulations

24. If a fire ignites within the lease area, burns on to the lease area, or threatens the lease area, the
Holder shall cooperate with the BLM in its efforts to respond to, investigate, and suppress all
fires and will:

A.

Immediately report fires to the BLM Authorized Officer or local fire dispatch (Prescott
Dispatch 928-777-5700) and take all necessary fire suppression actions, when safe to do
so on any fires they cause to ignite.

Maintain the condition of the origin area of the fire from additional disturbance to enable
the BLM Fire Investigator to properly assess the origin area and cause of the fire.

Defer to and follow the instructions of the BLM’s Incident Commander or designee during
fire suppression operations regarding activities within the boundaries of the fire including
checking in and out of the fire, not entering the origin areas unless given permission to do
so and recognizing the BLM’s authority over the fire scene, if applicable.

Share factual information with the BLM concerning fires.

Provide an account to the BLM of the actions taken at the scene of the fire by the Holder
and Holder’s employees and invitees.

Minimize disturbance of potential evidence located at the scene, including by not engaging
in any evidence collection or destruction without the BLM’s express written consent;
properly handling and preserving any evidence collected; and making all documents and
other evidence, including expert reports, available to the BLM in a rapid and timely manner
upon request of the BLM or its counsel. If the Holder determines that evidence is under
immediate threat of destruction due to the fire itself, suppression operations, weather, etc.,
that evidence may be collected at the scene if it is properly handled and preserved, and
BLM is notified, in writing, in a timely manner.

Not hamper the BLM’s investigation of origin and cause of the fire and reasonably assist
the BLM’s investigation.

Provide information upon request of the BLM or its counsel concerning the construction,
monitoring, inspection, maintenance, or repairs of any of Holder’s facilities that the BLM
determines may be relevant to the BLM’s investigation of a fire.