Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Extension of the Absaloka Coal Mine on the Crow Indian Reservation, Big Horn County, MT, 68831-68833 [E6-20152]
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Federal Register / Vol. 71, No. 228 / Tuesday, November 28, 2006 / Notices
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Implementation activities that may be
covered under the Plan include all
activities associated with ongoing and
new oil and gas production operations,
including but not limited to: (1)
Construction, operation, and
maintenance of production facilities; (2)
surface excavations; (3) activities
required by the California Division of
Oil, Gas and Geothermal Resources; (4)
construction and operation of related
facilities; (5) installation, maintenance,
and repair of perimeter and interior
fencing; (6) transmission lines; (7)
emergency response and environmental
remediation; (8) livestock grazing; (9)
regulatory agency requirements; (10)
recreational and educational activities;
(11) scientific research; (12)
implementation of conservation
program; (13) maintenance of off-site
facilities; and (14) construction of offsite facilities.
The effects of the covered activities on
the covered species are proposed to be
minimized and mitigated through
implementation of a detailed
conservation program that will be fully
described in the HCP. Components of
the proposed conservation program may
include: avoidance and minimization
measures, monitoring, adaptive
management, and mitigation measures
consisting of preservation, restoration,
and enhancement of habitat.
Environmental Impact Statement/
Report
The EIS/EIR will consider the
proposed action, the issuance of an ESA
incidental take permit, no action (no
permit), and a reasonable range of
alternatives. A detailed description of
the proposed action and alternatives
will be included in the EIS/EIR. The
alternatives to be considered for
analysis in the EIS/EIR may include:
modified lists of covered species, land
coverage areas, and intensity of future
development. The EIS/EIR will also
identify potentially significant impacts
on biological resources, land use, air
quality, water quality, water resources,
economics, and other environmental
resource issues that could occur directly
or indirectly with implementation of the
proposed action and alternatives.
Different strategies for minimizing and
mitigating the impacts of incidental take
may also be considered.
Environmental review of the EIS/EIR
will be conducted in accordance with
the requirements of NEPA (42 U.S.C.
4321 et seq.), it s implementing
regulations (40 CFR parts 1500–1508),
other applicable regulations, and
Service procedures for compliance with
those regulations. This notice is being
furnished in accordance with 40 CFR
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15:42 Nov 27, 2006
Jkt 211001
1501.7 and 1508.22 to obtain
suggestions and information from other
agencies and the public on the scope of
issues and alternatives to be addressed
in the EIS/EIR. The primary purpose of
the scoping process is to identify
important issues raised by the public
related to the proposed action. Written
comments from interested parties are
invited to ensure that the full range of
issues related to the permit application
is identified. Comments will only be
accepted in written form. You may
submit written comments by mail,
facsimile transmission, or in person (see
ADDRESSES). All comments received,
including names and addresses, will
become part of the official
administrative record and may be made
available to the public.
Our practice is to make comments,
including names, home addresses, home
phone numbers, and e-mail addresses of
respondents, available for public
review. Individual respondents may
request that we withhold their names
and/or homes addresses, etc., but if you
wish us to consider withholding this
information you must state this
prominently at the beginning of your
comments. In addition, you must
present a rationale for withholding this
information. This rationale must
demonstrate that disclosure would
constitute a clearly unwarranted
invasion of privacy. Unsupported
assertions will not meet this burden. In
the absence of exceptional,
documentable circumstances, this
information will be released. We will
always make submissions from
organization or businesses, and from
individuals identifying themselves as
representatives of or officials of
organizations or businesses, available
for public inspection in their entirety.
Dated: November 17, 2006.
Ken McDermond,
Deputy Manager, California/Nevada
Operations Office, Sacramento, California.
[FR Doc. 06–9410 Filed 11–27–06; 8:45 am]
BILLING CODE 4310–55–M
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Notice of Intent To Prepare an
Environmental Impact Statement for
the Proposed Extension of the
Absaloka Coal Mine on the Crow
Indian Reservation, Big Horn County,
MT
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
PO 00000
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Fmt 4703
Sfmt 4703
68831
SUMMARY: This notice advises the public
that the Bureau of Indian Affairs (BIA)
and the Montana Department of
Environmental Quality (MDEQ) as joint
Lead Agencies, with the Crow Tribe of
Indians, the Office of Surface Mining
Reclamation and Enforcement (OSMRE),
the Environmental Protection Agency
(EPA), and the Bureau of Land
Management (BLM), as Cooperating
Agencies, intend to gather information
necessary for preparing an
Environmental Impact Statement (EIS)
for the proposed Extension of the
Absaloka Coal Mine on the Crow Indian
Reservation, Montana. The proposed
BIA action, taken under the Indian
Mineral Development Act, is the
approval of a coal lease by the Crow
Tribe to Westmoreland Resources Inc.
(WRI) and associated approval of
allotted Indian and Crow tribal surface
estate use agreements. In addition, the
OSMRE will use this EIS to support a
decision on the application for a surface
mining permit to be filed by WRI
involving the same acreage, commonly
known as the Absaloka Mine ‘‘South
Extension;’’ the MDEQ will use it in
considering approval of permit revisions
to facilitate mining of coal adjacent to
the South Extension that is presently
under the Absaloka Mine, which MDEQ
administers; and the EPA may use the
EIS in considering issuance of National
Pollutant Discharge Elimination System
permits for any point source water
discharges on the Reservation. The
purpose of this project is to extend the
operating life of the Absaloka Mine and
continue to provide an economic base
for the Crow Tribe, while providing an
energy source for the generation of
electricity at distant power plants. This
notice also announces a public scoping
meeting to identify potential issues and
alternatives to be considered in the EIS.
DATES: Written comments concerning
the scope and implementation of the
proposed action must arrive by
December 26, 2006. The public scoping
meeting will be held Thursday,
December 14, 2006, from 7 p.m. to 9
p.m., or until all those who wish to
make statements have been heard.
ADDRESSES: You may mail, hand carry
or telefax written comments to either (1)
Rick Stefanic, Supervisory
Environmental Specialist, Bureau of
Indian Affairs, Rocky Mountain
Regional Office, 316 N. 26th St.,
Billings, Montana 59101, telefax (406)
247–7976; or (2) Edward Lone Fight,
Superintendent, Crow Agency, P.O. Box
69, Crow Agency, Montana 59022,
telefax (406) 638–2380.
The public scoping meeting will be
held in room 301 of the Big Horn
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68832
Federal Register / Vol. 71, No. 228 / Tuesday, November 28, 2006 / Notices
County Courthouse, 121 W. 3rd Street,
Hardin, Montana.
FOR FURTHER INFORMATION CONTACT: Rick
Stefanic (BIA), (406) 247–7911; or Greg
Halsten (MDEQ), (406) 444–3276.
SUPPLEMENTARY INFORMATION: Absaloka
Mine is a surface coal mine located at
Sarpy Creek in Big Horn County,
Montana, about 32 miles east northeast
of Hardin, Montana. This location is in
the Crow Ceded Area north of and
adjacent to the Crow Indian Reservation,
on what is known as the Tract 3 Coal
Lease. The mine is owned by WRI, an
80 percent subsidiary of Westmoreland
Coal Company. The 20 percent minority
owner is Washington Group
International, which is also the mining
contractor. The coal is held in trust by
the United States for the Crow Tribe,
which receives substantial income on
royalties and taxes on production at the
mine. A majority of mine employees are
Crow tribal members. Mining operations
began in 1974 and have continued to the
present. The current production rate is
6 to 7 million tons per year.
All mining infrastructure is in place.
No new roads (other than haul roads),
railroads, load out facilities,
administration facilities or power
sources will be constructed. There
would not, therefore, be any foreseeable
additional impacts from infrastructure
development. All mining and related
disturbance to date has been within the
Tract III coal lease area and associated
State of Montana section (Section 36, T.
1N, R. 37E.), hence has been within the
scope of the original FES 76–64 (see
reference below).
Remaining mineable and marketable
coal reserves on Tract III are limited, so
without additional reserves, the mine
would be forced to close by 2011 at the
latest. In 2004, WRI entered into an
Exploration and Option to Lease
Agreement with the Crow Tribe for a
coal reserve area encompassing
approximately 3,100 acres on the Crow
Indian Reservation south of and
adjacent to the Tract 3 Coal Lease. The
mineral estate of the subject acreage is
owned entirely by the Crow Tribe. The
surface estate is owned by non-Indian
fee owners (57%), allotted Indian
owners (35%), and the Crow Tribe (8%).
Exploration drilling programs were
conducted in 2004 and 2005, and
tonnage and quality of coal have been
confirmed. The results of this
exploration indicate sufficient mineable
reserves of coal in the Rosebud and
McKay seams are present to extend the
mine life for an additional 9 to 10 years
until approximately 2021. Based on
these findings, WRI exercised its lease
option in June 2006, and expects to file
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15:42 Nov 27, 2006
Jkt 211001
a mine permit application with the
OSMRE in late 2006. Approximately
1,600 acres would be mined on the
Reservation, along with an additional
375 acres on adjacent areas on Tract III.
Because the Absaloka Mine has
operated for 32 years, impacts of past
and current operations are well
documented through the leasing and
permitting processes, associated
environmental documents and
monitoring studies. Documents that
have been prepared in conjunction with
coal leasing and permit decisions at
Absaloka Mine include the following:
• USDI BIA FES 76–64; Crow Ceded
Area Coal Lease Tracts II and III
Westmoreland Resources, December 15,
1976.
• USDI U.S. Geological Survey FES
77–17; Proposed 20-year Plan of Mining
and Reclamation, Westmoreland
Resources Tract III, Crow Ceded Area,
Montana; May 31, 1977.
• USDI OSM–EIS–16; Westmoreland
Resources; Absaloka Mine Revised Plan,
December, 1984.
• MDEQ EA; Continued Mining and
Relocation of Big Horn County Road No.
55, January 31, 1994.
• MDEQ EA; Vella Redding Life
Estate Amendment, October 18, 2005.
• MDEQ EA; Application No. 00170
Tract 3 South Extension, June 16, 2006.
It is the intent of the BIA that this EIS
will rely to the extent possible on earlier
documents for background information,
and focus on issues and impacts specific
to the proposed mine extension.
Although Absaloka Mine has been the
subject of these National Environmental
Policy Act and Montana Environmental
Policy Act documents, an EIS rather
than an Environmental Assessment is
warranted for BIA approval of the lease
and related actions for the following
reasons:
• The Crow Reservation South
Extension area lies outside of the area
addressed in earlier federal and state
actions, therefore has not been analyzed
in an earlier environmental document
covering the specific lease or mining
activity.
• The projected area to be mined is
approximately 1,600 acres, which
exceeds the threshold of 1,280 acres
considered to constitute a major action.
• The projected annual production
rate is 6 to 7 million tons, which
exceeds the threshold of 5 million tons
considered to be a major action.
In addition to the foregoing, the
following significant changes in
circumstances relevant to analysis of
environmental and socio-economic
impacts have occurred since 1976:
• The projected production rate of 15
million tons per year from Tract III has
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
not materialized due to market
limitations. The highest annual
production realized was just over 7
million tons in 1999. The current and
projected production rate is 6 to 7
million tons annually.
• Tract II was not developed due to
market limitations, and was
relinquished to the Crow Tribe in 1981.
• The Crow Tribe successfully
challenged application by the State of
Montana of its severance and gross
proceeds taxes to production of Indian
coal, and as a consequence, equivalent
production taxes are now paid to the
Crow Tribe.
• The Surface Mining Control and
Reclamation Act of 1977 (SMCRA)
established uniform national standards
for reclamation and environmental
protection from the adverse effects of
surface coal mining.
• Although regulation of surface coal
mining on Tract III is regulated jointly
by MDEQ and OSM under the terms of
a Memorandum of Understanding, 30
CFR part 750 establishes OSM as the
regulatory authority on the Crow Indian
Reservation where the south extension
will take place.
• More rigorous standards for
identification and protection of cultural
resources were established under 30
CFR part 800 in 1986.
Environmental baseline studies
including geology, hydrology, soils,
vegetation, wildlife, cultural resources
and air quality are either complete or
well underway. These resources, and
subcomponents thereof, will be
addressed in the EIS, as well as, but not
limited to, socio-economics, aesthetics,
noise, paleontology, and environmental
justice.
Public Comment Availability
Comments, including names and
addresses of respondents, will be
available for public review at the BIA
address shown in the ADDRESSES
section, during business hours, 8 a.m. to
4:30 p.m., Monday through Friday,
except holidays. Individual respondents
may request confidentiality. If you wish
us to withhold your name and/or
address from public review or from
disclosure under the Freedom of
Information Act, you must state this
prominently at the beginning of your
written comment. Such requests will be
honored to the extent allowed by the
law. We will not, however, consider
anonymous comments. All submissions
from organizations or businesses, and
from individuals identifying themselves
as representatives or officials of
organizations or businesses, will be
made available for public inspection in
their entirety.
E:\FR\FM\28NON1.SGM
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Federal Register / Vol. 71, No. 228 / Tuesday, November 28, 2006 / Notices
Authority
This notice is published in
accordance with section 1503.1 of the
Council on Environmental Quality
regulations (40 CFR parts 1500 through
1508) implementing the procedural
requirements of the National
Environmental Policy Act of 1969, as
amended (42 U.S.C. 4321 et seq.), the
Department of the Interior Manual (516
DM 1–6), and is in the exercise of
authority delegated to the Principal
Deputy Assistant Secretary—Indian
Affairs by 209 DM 8.
Dated: November 3, 2006.
Michael D. Olsen,
Principal Deputy Assistant Secretary—Indian
Affairs.
[FR Doc. E6–20152 Filed 11–27–06; 8:45 am]
BILLING CODE 4310–W7–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Notice of Cancellation of the
Environmental Impact Statement for
the Proposed Reconstruction of BIA
Route 27 on the Pine Ridge Indian
Reservation, SD
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
ycherry on PROD1PC61 with NOTICES
AGENCY:
SUMMARY: This notice advises the public
that the Bureau of Indian Affairs (BIA)
intends to cancel work on the
Environmental Impact Statement (EIS)
for the proposed reconstruction of BIA
Route 27 near Wounded Knee, South
Dakota, and instead, prepare an
Environmental Assessment for the
proposed action. The Notice of Intent to
prepare the EIS, which included a
description of the proposed action, was
published in the Federal Register on
August 22, 2005 (70 FR 48972).
DATES: This cancellation is effective
December 27, 2006. Written comments
must arrive by December 26, 2006.
ADDRESSES: You may mail or hand carry
written comments to Marilyn Bercier,
Bureau of Indian Affairs, Great Plains
Regional Office, 115 4th Avenue SE,
Aberdeen, South Dakota 57401.
FOR FURTHER INFORMATION CONTACT:
Marilyn Bercier, (605) 226–7656.
SUPPLEMENTARY INFORMATION: The BIA is
canceling work on this EIS because
scoping and analysis completed to date,
including a public scoping meeting held
September 13, 2005, in Manderson,
South Dakota, and consultation under
section 106 of the National Historic
Preservation Act and section 7 of the
Endangered Species Act, have shown
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15:42 Nov 27, 2006
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68833
that the proposed action would have no
significant impact on the environment.
The EIS is therefore being converted to
an Environmental Assessment (EA). A
Notice of Availability of the Finding of
No Significant Impact, which will
include information on how to obtain a
copy of the EA, will be published and/
or posted in the same places (except the
Federal Register) as the Notice of Intent
to prepare the EIS and will be sent to
all parties on any mailing list relating to
the EIS process for this project.
DEPARTMENT OF THE INTERIOR
Public Comment Availability
SUMMARY: Under the provisions of the
National Environmental Policy Act
(NEPA), the Bureau of Land
Management (BLM) announces the
availability of the Pit 14 Coal Lease By
Application (LBA) FEIS. The tract is
being considered for sale as a result of
coal lease application received from
Black Butte Coal Company (BBCC)
operating the adjacent mine in
southwestern Wyoming.
DATES: The FEIS will be available for a
30 calendar-day review period effective
the date that the Environmental
Protection Agency (EPA) publishes their
Notice of Availability (NOA) of the FEIS
in the Federal Register.
ADDRESSES: The FEIS is available at
https://www.wy.blm.gov/nepa/rsfodocs/
pit14 on the internet. In addition, copies
are available at the following BLM
offices:
• BLM–Wyoming State Office, 5353
Yellowstone Road, Cheyenne, Wyoming
82009.
• BLM–Rock Springs Field Office,
280 Highway 191 North, Rock Springs,
Wyoming 82901.
Written comments may be submitted
to: Bureau of Land Management, Rock
Springs Field Office, Attn: Pit 14 LBA
Project, 280 Highway 191 North, Rock
Springs, WY 82901. The public may
submit comments electronically at:
Pit_14_LBA_WYMail@blm.gov. Please
note that any comments submitted to
this FEIS including names and street
addresses of respondents will be made
available for public review at the Rock
Springs Field Office, at the address
listed above, during regular business
hours (7:45 a.m. to 4:30 p.m.), Monday
through Friday, except Federal holidays.
Individual respondents may request
confidentiality. If you wish to withhold
your name or street address or both from
public review or from disclosure under
the Freedom of Information Act, you
must state this prominently at the
beginning of your written comments.
Such requests will be honored to the
extent allowed by law. All submissions
from organizations, businesses and
individuals identifying themselves as
Comments, including names and
addresses of respondents, will be
available for public review at the
mailing address shown in the
ADDRESSES section during regular
business hours, 7:45 a.m. to 4:30 p.m.,
Monday through Friday, except
holidays. Individual respondents may
request confidentiality. If you wish us to
withhold your name and/or address
from public review or from disclosure
under the Freedom of Information Act,
you must state this prominently at the
beginning of your written comment.
Such requests will be honored to the
extent allowed by law. We will not,
however, consider anonymous
comments. All submissions from
organizations or businesses and from
individuals identifying themselves as
representatives or officials of
organizations or businesses will be
made available for public inspection in
their entirety.
Authority
This notice is published in
accordance with section 1503.1 of the
Council on Environmental Quality
regulations (40 CFR parts 1500 through
1508) implementing the procedural
requirements of the National
Environmental Policy Act of 1969, as
amended (42 U.S.C. 4321 et seq.), the
Department of Interior Manual (516 DM
1–6), and is in the exercise of authority
delegated to the Principal Deputy
Assistant Secretary—Indian Affairs by
209 DM 8.
Dated: November 3, 2006.
Michael D. Olsen,
Principal Deputy Assistant Secretary—Indian
Affairs.
[FR Doc. E6–20153 Filed 11–27–06; 8:45 am]
BILLING CODE 4310–W7–P
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Bureau of Land Management
[WY–040–1320–EL, WYW160394]
Notice of Availability of the Pit 14 Coal
Lease-By-Application Final
Environmental Impact Statement,
Wyoming
Bureau of Land Management,
Interior.
ACTION: Notice of availability.
AGENCY:
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]]>Agencies
[Federal Register Volume 71, Number 228 (Tuesday, November 28, 2006)]
[Notices]
[Pages 68831-68833]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-20152]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Notice of Intent To Prepare an Environmental Impact Statement for
the Proposed Extension of the Absaloka Coal Mine on the Crow Indian
Reservation, Big Horn County, MT
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice advises the public that the Bureau of Indian
Affairs (BIA) and the Montana Department of Environmental Quality
(MDEQ) as joint Lead Agencies, with the Crow Tribe of Indians, the
Office of Surface Mining Reclamation and Enforcement (OSMRE), the
Environmental Protection Agency (EPA), and the Bureau of Land
Management (BLM), as Cooperating Agencies, intend to gather information
necessary for preparing an Environmental Impact Statement (EIS) for the
proposed Extension of the Absaloka Coal Mine on the Crow Indian
Reservation, Montana. The proposed BIA action, taken under the Indian
Mineral Development Act, is the approval of a coal lease by the Crow
Tribe to Westmoreland Resources Inc. (WRI) and associated approval of
allotted Indian and Crow tribal surface estate use agreements. In
addition, the OSMRE will use this EIS to support a decision on the
application for a surface mining permit to be filed by WRI involving
the same acreage, commonly known as the Absaloka Mine ``South
Extension;'' the MDEQ will use it in considering approval of permit
revisions to facilitate mining of coal adjacent to the South Extension
that is presently under the Absaloka Mine, which MDEQ administers; and
the EPA may use the EIS in considering issuance of National Pollutant
Discharge Elimination System permits for any point source water
discharges on the Reservation. The purpose of this project is to extend
the operating life of the Absaloka Mine and continue to provide an
economic base for the Crow Tribe, while providing an energy source for
the generation of electricity at distant power plants. This notice also
announces a public scoping meeting to identify potential issues and
alternatives to be considered in the EIS.
DATES: Written comments concerning the scope and implementation of the
proposed action must arrive by December 26, 2006. The public scoping
meeting will be held Thursday, December 14, 2006, from 7 p.m. to 9
p.m., or until all those who wish to make statements have been heard.
ADDRESSES: You may mail, hand carry or telefax written comments to
either (1) Rick Stefanic, Supervisory Environmental Specialist, Bureau
of Indian Affairs, Rocky Mountain Regional Office, 316 N. 26th St.,
Billings, Montana 59101, telefax (406) 247-7976; or (2) Edward Lone
Fight, Superintendent, Crow Agency, P.O. Box 69, Crow Agency, Montana
59022, telefax (406) 638-2380.
The public scoping meeting will be held in room 301 of the Big Horn
[[Page 68832]]
County Courthouse, 121 W. 3rd Street, Hardin, Montana.
FOR FURTHER INFORMATION CONTACT: Rick Stefanic (BIA), (406) 247-7911;
or Greg Halsten (MDEQ), (406) 444-3276.
SUPPLEMENTARY INFORMATION: Absaloka Mine is a surface coal mine located
at Sarpy Creek in Big Horn County, Montana, about 32 miles east
northeast of Hardin, Montana. This location is in the Crow Ceded Area
north of and adjacent to the Crow Indian Reservation, on what is known
as the Tract 3 Coal Lease. The mine is owned by WRI, an 80 percent
subsidiary of Westmoreland Coal Company. The 20 percent minority owner
is Washington Group International, which is also the mining contractor.
The coal is held in trust by the United States for the Crow Tribe,
which receives substantial income on royalties and taxes on production
at the mine. A majority of mine employees are Crow tribal members.
Mining operations began in 1974 and have continued to the present. The
current production rate is 6 to 7 million tons per year.
All mining infrastructure is in place. No new roads (other than
haul roads), railroads, load out facilities, administration facilities
or power sources will be constructed. There would not, therefore, be
any foreseeable additional impacts from infrastructure development. All
mining and related disturbance to date has been within the Tract III
coal lease area and associated State of Montana section (Section 36, T.
1N, R. 37E.), hence has been within the scope of the original FES 76-64
(see reference below).
Remaining mineable and marketable coal reserves on Tract III are
limited, so without additional reserves, the mine would be forced to
close by 2011 at the latest. In 2004, WRI entered into an Exploration
and Option to Lease Agreement with the Crow Tribe for a coal reserve
area encompassing approximately 3,100 acres on the Crow Indian
Reservation south of and adjacent to the Tract 3 Coal Lease. The
mineral estate of the subject acreage is owned entirely by the Crow
Tribe. The surface estate is owned by non-Indian fee owners (57%),
allotted Indian owners (35%), and the Crow Tribe (8%). Exploration
drilling programs were conducted in 2004 and 2005, and tonnage and
quality of coal have been confirmed. The results of this exploration
indicate sufficient mineable reserves of coal in the Rosebud and McKay
seams are present to extend the mine life for an additional 9 to 10
years until approximately 2021. Based on these findings, WRI exercised
its lease option in June 2006, and expects to file a mine permit
application with the OSMRE in late 2006. Approximately 1,600 acres
would be mined on the Reservation, along with an additional 375 acres
on adjacent areas on Tract III.
Because the Absaloka Mine has operated for 32 years, impacts of
past and current operations are well documented through the leasing and
permitting processes, associated environmental documents and monitoring
studies. Documents that have been prepared in conjunction with coal
leasing and permit decisions at Absaloka Mine include the following:
USDI BIA FES 76-64; Crow Ceded Area Coal Lease Tracts II
and III Westmoreland Resources, December 15, 1976.
USDI U.S. Geological Survey FES 77-17; Proposed 20-year
Plan of Mining and Reclamation, Westmoreland Resources Tract III, Crow
Ceded Area, Montana; May 31, 1977.
USDI OSM-EIS-16; Westmoreland Resources; Absaloka Mine
Revised Plan, December, 1984.
MDEQ EA; Continued Mining and Relocation of Big Horn
County Road No. 55, January 31, 1994.
MDEQ EA; Vella Redding Life Estate Amendment, October 18,
2005.
MDEQ EA; Application No. 00170 Tract 3 South Extension,
June 16, 2006.
It is the intent of the BIA that this EIS will rely to the extent
possible on earlier documents for background information, and focus on
issues and impacts specific to the proposed mine extension. Although
Absaloka Mine has been the subject of these National Environmental
Policy Act and Montana Environmental Policy Act documents, an EIS
rather than an Environmental Assessment is warranted for BIA approval
of the lease and related actions for the following reasons:
The Crow Reservation South Extension area lies outside of
the area addressed in earlier federal and state actions, therefore has
not been analyzed in an earlier environmental document covering the
specific lease or mining activity.
The projected area to be mined is approximately 1,600
acres, which exceeds the threshold of 1,280 acres considered to
constitute a major action.
The projected annual production rate is 6 to 7 million
tons, which exceeds the threshold of 5 million tons considered to be a
major action.
In addition to the foregoing, the following significant changes in
circumstances relevant to analysis of environmental and socio-economic
impacts have occurred since 1976:
The projected production rate of 15 million tons per year
from Tract III has not materialized due to market limitations. The
highest annual production realized was just over 7 million tons in
1999. The current and projected production rate is 6 to 7 million tons
annually.
Tract II was not developed due to market limitations, and
was relinquished to the Crow Tribe in 1981.
The Crow Tribe successfully challenged application by the
State of Montana of its severance and gross proceeds taxes to
production of Indian coal, and as a consequence, equivalent production
taxes are now paid to the Crow Tribe.
The Surface Mining Control and Reclamation Act of 1977
(SMCRA) established uniform national standards for reclamation and
environmental protection from the adverse effects of surface coal
mining.
Although regulation of surface coal mining on Tract III is
regulated jointly by MDEQ and OSM under the terms of a Memorandum of
Understanding, 30 CFR part 750 establishes OSM as the regulatory
authority on the Crow Indian Reservation where the south extension will
take place.
More rigorous standards for identification and protection
of cultural resources were established under 30 CFR part 800 in 1986.
Environmental baseline studies including geology, hydrology, soils,
vegetation, wildlife, cultural resources and air quality are either
complete or well underway. These resources, and subcomponents thereof,
will be addressed in the EIS, as well as, but not limited to, socio-
economics, aesthetics, noise, paleontology, and environmental justice.
Public Comment Availability
Comments, including names and addresses of respondents, will be
available for public review at the BIA address shown in the ADDRESSES
section, during business hours, 8 a.m. to 4:30 p.m., Monday through
Friday, except holidays. Individual respondents may request
confidentiality. If you wish us to withhold your name and/or address
from public review or from disclosure under the Freedom of Information
Act, you must state this prominently at the beginning of your written
comment. Such requests will be honored to the extent allowed by the
law. We will not, however, consider anonymous comments. All submissions
from organizations or businesses, and from individuals identifying
themselves as representatives or officials of organizations or
businesses, will be made available for public inspection in their
entirety.
[[Page 68833]]
Authority
This notice is published in accordance with section 1503.1 of the
Council on Environmental Quality regulations (40 CFR parts 1500 through
1508) implementing the procedural requirements of the National
Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.),
the Department of the Interior Manual (516 DM 1-6), and is in the
exercise of authority delegated to the Principal Deputy Assistant
Secretary--Indian Affairs by 209 DM 8.
Dated: November 3, 2006.
Michael D. Olsen,
Principal Deputy Assistant Secretary--Indian Affairs.
[FR Doc. E6-20152 Filed 11-27-06; 8:45 am]
BILLING CODE 4310-W7-P
