[Federal Register: December 29, 2008 (Volume 73, Number 249)]
[Proposed Rules]
[Page 79424-79425]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29de08-26]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 251
RIN 0596-AC87
Management of National Forest System Surface Resources With
Privately Held Mineral Estates
AGENCY: Forest Service, USDA.
[[Page 79425]]
ACTION: Advance notice of proposed rulemaking; request for comment.
-----------------------------------------------------------------------
SUMMARY: The Forest Service is preparing to promulgate regulations to
provide clarity and direction on the management of National Forest
System surface resources when the mineral estate is privately held.
DATES: Comments must be received in writing by February 27, 2009.
ADDRESSES: Written comments concerning this advance notice of proposed
rulemaking notice should be addressed to Forest Service, USDA, attn:
Director, Minerals and Geology Management, at Mail Stop 1126,
Washington, DC 20250-1126; by electronic mail to 36cfr251@fs.fed.us; or
by fax to (703) 605-1575; or by the electronic process available at
Federal e-Rulemaking portal at http://www.regulations.gov. All
comments, including names and addresses when provided, are placed in
the record and are available for public inspection and copying. The
public may inspect comments received at 1601 N. Kent Street, Suite 500,
Arlington, Virginia 22209 during regular business hours (8:30 a.m. to 4
p.m.), Monday through Friday, except holidays. Visitors are encouraged
to call ahead to (703) 605-4792 to facilitate entry to the building.
FOR FURTHER INFORMATION CONTACT: Ivette E. Torres, Liaison Specialist,
Minerals & Geology Management. Phone Number: (703) 605-4792, or (703)
615-7813. E-mail: ietorres@fs.fed.us.
Individuals who use telecommunication devices for the deaf (TDD)
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339
between 8 a.m. and 8 p.m., Eastern Standard Time, Monday through
Friday.
SUPPLEMENTARY INFORMATION: The Forest Service intends to engage in
rulemaking to provide clarity and direction on the management of the
National Forest System surface resources when the mineral estate is
privately held and fulfill the statutory mandate on the Allegheny
National Forest in Pennsylvania. To that end, it hereby seeks public
comment on the scope and direction of the intended rulemaking,
including, but not limited to, the identification of the issues and
concerns related to private oil and gas development on the Allegheny
National Forest which would be appropriately considered in this
rulemaking effort.
The proposed regulation will clarify and expand policy at 36 CFR
251.15--Conditions, rules and regulations to govern exercise of mineral
rights reserved in conveyances to the United States, and be consistent
with 36 CFR part 251 subpart D--Access to Non-Federal Lands. The
proposed rulemaking is also intended to fulfill the mandate set forth
by section 2508 of the Energy Policy Act of 1992, Public Law 102-486,
106 Stat. 3108-3109, which has been codified at 30 U.S.C. 226(o),
concerning private oil and gas development on the Allegheny National
Forest. Section 2508 requires 60-day prior notification and clarifies
content requirements of the notification. The Forest Service invites
public comment as it prepares for this rulemaking.
Regulatory Findings
This advance notice of proposed rulemaking is being issued to
obtain public comment and provide clarity and direction on the
management of National Forest System surface resources when the mineral
estate is privately held, and to fulfill the statutory mandate in 30
U.S.C. 226(o), regarding the Allegheny National Forest in Pennsylvania.
The Department is not proposing any specific approaches for managing
non-Federal lands; there are no regulatory findings associated with
this notice. Comments received will help the Department determine the
extent and scope of any future rulemaking.
Conclusion
The Department of Agriculture is considering how best to proceed
with engaging the public in identifying with issues and concerns
related to private oil and gas developments on the Allegheny National
Forest. Through this advance notice of proposed rulemaking, the
Department is seeking public input as responses to concerns about the
management of National Forest System surface resources when the mineral
estate is privately held. Public input and comment will help inform the
Department's consideration of how best to proceed with long-term uses
and management of these areas. How the Department ultimately addresses
the final rule will depend on a number of factors. These include court
decisions, public comments, and practical options for amending the
current rule, an EIS or both, using other administrative tools to
implement land uses and access to non-Federal lands.
Dated: December 17, 2008.
Sally D. Collins,
Associate Chief.
[FR Doc. E8-30742 Filed 12-24-08; 8:45 am]
BILLING CODE 3410-11-P