[Federal Register Volume 75, Number 125 (Wednesday, June 30, 2010)]
[Notices]
[Pages 37749-37752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15871]
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DEPARTMENT OF AGRICULTURE
Forest Service
White River National Forest, Colorado, Oil and Gas Leasing
Environmental Impact Statement
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
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SUMMARY: The White River National Forest (WRNF) is initiating the
preparation of an environmental impact statement (EIS). The EIS will
disclose the potential effects of a proposal to revise the existing
WRNF 1993 Oil and Gas Leasing and Final EIS and Record of Decision. The
proposed revision includes the following: Changing what lands will be
available for oil and gas leasing; changing or adding stipulations to
be attached to oil and gas leases for the protection of other
resources; and amending the WRNF Land and Resource Management Plan 2002
Revision (Forest Plan) to incorporate the revised oil and gas leasing
decision. The EIS will document changed conditions and new information
since the WRNF 1993 Oil and Gas Leasing Final EIS and Record of
Decision and incorporate that information into the analysis of
potential effects of leasing on other resources. Changes in conditions
and information since the 1993 leasing EIS and decision include the
completion of the WRNF Forest Plan; new and improved oil and gas
drilling, completion, and production technology; an increase in demand
and public need for oil and natural gas; the increasing rate of oil and
gas development adjacent
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to and on the WRNF, and a projection of substantial increase in oil and
gas development on the WRNF.
The EIS will address current applicable guidance, policy,
regulation, and law pertinent to roadless areas, land ownership, and
threatened, endangered, and sensitive species. The scope of the
analysis is forest-wide.
DATES: Comments concerning the scope of the analysis must be received
by July 30, 2010. The draft environmental impact statement is expected
January 2011 and the final environmental impact statement is expected
April 2011.
The public open house date is:
1. Wednesday, 14 July 2010, 2:30 p.m. to 8 p.m., Silt, CO.
ADDRESSES: Send written comments to: White River National Forest Oil
and Gas Scoping, P.O. Box 1919, Sacramento, CA 95812; Submit electronic
comments and other data to [email protected]. See
SUPPLEMENTARY INFORMATION for other information about electronic and
fax filing.
The public meeting location is the following:
1. Silt, CO--Bureau of Land Management Colorado River Valley Field
Office, Silt Conference Room, 2300 River Frontage Road, Silt, CO 81652.
For further information on this project please visit http://www.fs.fed.us/r2/whiteriver/projects/.
For additional information, mail correspondence to David Francomb,
Leasable Minerals Program Manager, White River National Forest, 900
Grand Ave., P.O. Box 948, Glenwood Springs, Colorado 81602.
FOR FURTHER INFORMATION CONTACT: David Francomb, 970.945.3293.
SUPPLEMENTARY INFORMATION:
Need for Action
The White River National Forest (WRNF) issued its current oil and
gas leasing availability decision in 1993 (Oil and Gas Leasing Final
Environmental Impact Statement and Record of Decision). Since 1993,
information and circumstances considered for that decision have
changed, including the WRNF issuance of a revised Land and Resource
Management Plan (LRMP), technological advances in oil and gas
exploration and development that expand development potential of
previously uneconomic resources, and increased level of projected oil
and gas development activities on the WRNF. Consequently, the Forest
Supervisor of the WRNF has identified a need to: (1) Revise the 1993
Oil and Gas Leasing Final Environmental Impact Statement and Record of
Decision as necessary to address information and circumstances that are
new and different from those analyzed for the existing (1993) oil and
gas leasing decision; (2) Identify what NFS lands administered by the
White River National Forest will continue to be available for oil and
gas leasing and what lease stipulations should apply to those lands for
the protection of other resources; (3) Amend the WRNF Land and Resource
Management Plan--2002 Revision to ensure consistency with the oil and
gas leasing analysis and decision; and (4) Produce an Environmental
Impact Statement (EIS) that will support the BLM's independent decision
to include NFS lands administered by the WRNF in future competitive oil
and gas lease sales.
Purpose for Action
The purpose of the proposed action is to: (1) Ensure oil and gas
leasing availability and lease stipulations are consistent with the
WRNF Land and Resource Management Plan; (2) Ensure oil and gas leasing
availability and lease stipulations are consistent with current
applicable laws and regulations; (3) Enable the Forest Service and BLM
to respond to Expressions of Interest for oil and gas leases
representing the public's demand for energy, consistent with statutory
and regulatory direction; (4) Fulfill the federal government's policy
to ``foster and encourage private enterprise in the development of
economically sound and stable industries, and in the orderly and
economic development of domestic resources to help assure satisfaction
of industrial, security, and environmental needs'' (Mining and Minerals
Policy Act of 1970) while continuing to sustain the land's productivity
for other uses and capability to support biodiversity goals (Forest
Service Minerals Program Policy); and (5) Enable the BLM to fully
exercise its discretionary authority to offer and issue leases on NFS
lands administered by the WRNF.
Proposed Action
The Forest Service proposes to revise the existing 1993 Oil and Gas
Leasing availability decision for the White River National Forest
(WRNF). The Proposed Action makes revisions to the availability of NFS
lands administered by the WRNF for oil and gas leasing and to the
stipulations on lands available for lease in the Analysis Area. Lease
stipulations are proposed only on lands identified as available for
lease.
The Proposed Action includes the following: (1) Addressing
information and circumstances that are new and different from those
analyzed for the 1993 leasing decision; (2) Changing the 1993 leasing
decision to identify 266,599 acres as administratively available for
oil and gas leasing; (3) Attaching lease stipulations on future leases,
where needed on lands identified as administratively available for
leasing, for the purpose of protecting other resources including:--(a)
No Surface Occupancy (NSO) stipulations for certain--Wallace Creek
Wildlife Seclusion Area; raptor species breeding territories;
threatened, endangered, proposed or candidate species populations and
habitats; critical bighorn sheep habitats; Colorado River cutthroat and
greenback trout habitat; Battlement Reservoir watershed; wetlands and
fens; water influence zones; municipal supply watersheds; areas with
known high and very high geologic instability and/or slopes > 50%;
authorized sites and facilities; summer non-motorized recreation and
special interest areas; very high and high scenic integrity objective
areas; Research Natural Areas; and inventoried roadless areas; (b)
Controlled Surface Use (CSU) stipulations for certain--big game
production areas, summer concentration areas, and migration corridors;
big game winter ranges; road density in watersheds with Colorado River
cutthroat trout conservation populations; ground water resources; known
and/or potential habitats for sensitive species; areas with potential
for geologic instability and/or slopes 30% to 50%; areas with erodible
soils; authorized sites and facilities; designated winter groomed
routes under special use permit; moderate scenic integrity objective
areas and scenic byways; high concern level travel routes;
communication sites; and plant species of local concern; (c) Timing
Limitations (TL) for certain--big game winter and summer concentration
ranges; and raptor species breeding territories; (4) Changing the 1993
leasing decision to identify 1,159,796 acres as closed for oil and gas
leasing through management direction; (5) Changing the 1993 leasing
decision to identify 857,512 acres as legally closed for oil and gas
leasing; (6) Amending the 2002 WRNF Forest Plan to incorporate the new
leasing decision.
The proposed changes to the existing 1993 leasing decision brought
forward in the Proposed Action will not affect the terms of existing
leases. Existing leases will remain in effect, with their existing
terms, until they are terminated, relinquished, or cancelled. Proposed
land availability and lease
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stipulation changes will affect only leases issued after the decision
is implemented. The proposed changes will apply to new leases on lands
that are currently leased after existing leases have been terminated,
relinquished, or cancelled, and those lands are subsequently nominated
for lease.
Possible Alternatives
(1) No New Leasing--Under this alternative, no NFS lands
administered by the WRNF would be available in the future for oil and
gas leasing. Operations on existing leases would continue under
applicable lease terms, statutory and regulatory direction, and Forest
Plan direction. Existing federal oil and gas leases on the WRNF that
are not extended by production would terminate at the conclusion of
their primary term, and those lands would not be available for further
leasing. Implementation of this alternative would require a Forest Plan
amendment to identify lands as closed to oil and gas leasing.
(2) No Action (Current Management)--This alternative would continue
oil and gas leasing on the WRNF as directed by the RODs for the White
River National Forest Oil and Gas Leasing EIS (May 26, 1993) and the
Land and Resource Management Plan 2002 Revision (April 2, 2002).
Lead and Cooperating Agencies
The Forest Service is the lead agency. As the agency responsible
for offering, selling, and issuing leases, the BLM will participate as
a cooperating agency under a Memorandum of Understanding (MOU).
Additionally, the United States Fish and Wildlife Service and the
Colorado Department of Natural Resources will participate as
cooperating agencies, under separate MOUs, to provide resource specific
expertise when needed.
Responsible Official
The Forest Service responsible official is Scott Fitzwilliams,
Forest Supervisor, White River National Forest, 900 Grand Avenue, P.O.
Box 948, Glenwood Springs, Colorado 81602.
The BLM responsible official responsible is Jamie, C. Connell,
District Manager, Northwest District Office, 2815 H Road, Grand
Junction, Colorado 81506.
Nature of Decision To Be Made
The Forest Service will determine whether and how the current oil
and gas leasing decision, as it relates to land availability and lease
stipulations, should be changed based on current information and
analysis. The Forest Supervisor will decide which lands administered by
the WRNF will be administratively available for oil and gas leasing,
which lands will be closed for oil and gas leasing through management
direction or legal reasons, and what lease stipulations will be applied
to future oil and gas leases for the protection of other resources [36
CFR 228.102(c)]. Subsequent to the Forest Supervisor's decision, the
Regional Forester will authorize the BLM to offer specific lands for
lease. When lands are nominated for leasing, the Forest Service will
(1) Verify that leasing the specific lands has been adequately
addressed in a NEPA document and is consistent with the Forest Plan,
and that no significant new information or circumstances would require
further environmental analysis; (2) ensure that conditions of surface
occupancy are properly included as stipulations in resulting leases;
and (3) determine that operations and development could be allowed
somewhere on each proposed lease, except where stipulations will
prohibit all surface occupancy [36 CFR 228.102(e)]. The BLM is
responsible for offering, selling, and issuing oil and gas leases on
NFS lands under the Mineral Leasing Act of 1920, as amended, and
Federal Regulations at 43 CFR 3101.7. The BLM State Director must
decide whether to offer for lease specific lands authorized for leasing
by the WRNF, and must include Forest Service stipulations on any leases
offered on NFS lands.
Scoping Process
The first formal opportunity to comment on the revised oil and gas
leasing availability and stipulations proposal is during the scoping
process (40 CFR 1501.7), which begins with the issuance of this Notice
of Intent. The Forest Service requests comments on the nature and scope
of the environmental, social, and economic issues, and possible
alternatives related to oil and gas leasing on NFS lands administered
by the WRNF. The Forest Service will work with tribal governments to
address issues that would significantly or uniquely affect them.
One open house meeting is planned. The time the meeting will be
held and the address of the meeting location are noted above under
DATES and ADDRESSES. The meeting location at the Bureau of Land
Management Silt Office can be reached from the Silt exit (97)
on Interstate 70. Exit onto 9th Street and proceed over the interstate
headed south to the t-intersection. Take a left on River Frontage Road
headed east for about 1 mile to the BLM Silt Office on the right, after
the Holiday Inn Express Hotel. Further information regarding this
meeting will be posted on the WRNF Web site at http://www.fs.fed.us/r2/whiteriver/projects as it becomes available.
Comment Requested
This Notice of Intent initiates the scoping process that guides the
development of the WRNF Oil and Gas Leasing Revision. Through the 1993
Oil and Gas Leasing EIS and decision and Forest Plan efforts, the WRNF
has an understanding of the broad range of perspectives on the resource
issues and social values attributed to resource activities on the WRNF.
Consequently, site-specific comments or concerns are the most important
types of information needed for this EIS.
Send written comments to the address noted above under ADDRESSES.
Send electronic comments to: [email protected] with
the subject clearly titled ``WRNF Oil and Gas Leasing EIS''. Comments
must include the full name and physical mailing address of the
commenter, and should indicate whether the commenter would like to be
informed of the availability of the Oil and Gas Leasing EIS. Submit
faxed comments to 916.456.6724.
Early Notice of Importance of Public Participation in Subsequent
Environmental Review
A draft environmental impact statement will be prepared for
comment. The comment period on the DEIS is expected to be 45 days from
the date the Environmental Protection Agency publishes the notice of
availability in the Federal Register. The Forest Service believes, at
this early stage, it is important to give reviewers notice of several
court rulings related to public participation in the environmental
review process. First, reviewers of draft environmental impact
statements must structure their participation in the environmental
review of the proposal so that it is meaningful and alerts an agency to
the reviewer's position and contentions. Vermont Yankee Nuclear Power
Corp. v. NRDC, 435 U.S. 519, 553 (1978). Also, environmental objections
that could be raised at the draft environmental impact statement stage
but that are not raised until after completion of the final
environmental impact statement may be waived or dismissed by the
courts. City of Angoon v. Hodel, 803 F.2d 1016, 1022 (9th Cir. 1986)
and Wisconsin Heritages, Inc. v. Harris, 490 F. Supp. 1334, 1338 (E.D.
Wis. 1980). Because of these court
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rulings, it is very important that those interested in this proposed
action participate by the close of the scoping comment period, 1 March
2010, so that substantive comments and objections are made available to
the Forest Service at a time when it can meaningfully consider them and
respond to them in the final environmental impact statement. To assist
the Forest Service in identifying and considering issues and concerns
on the proposed action, comments should be as specific as possible.
Comments received, including the names and addresses of those who
comment, will be considered part of the public record on this proposal
and will be available for public inspection.
Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook
1909.15, Section 21.
Dated: June 24, 2010.
Scott Fitzwilliams,
Forest Supervisor.
[FR Doc. 2010-15871 Filed 6-29-10; 8:45 am]
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