Yukon Flats National Wildlife Refuge, Alaska, 4617-4619 [E8-1277]
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Federal Register / Vol. 73, No. 17 / Friday, January 25, 2008 / Notices
FOR FURTHER INFORMATION CONTACT:
Walt
Ford, (218) 768–2402.
SUPPLEMENTARY INFORMATION:
Introduction
With this notice, we complete the
CCP process for Rice Lake and Mille
Lacs NWRs that began with the Federal
Register notice 70 FR 5693 (February 3,
2005). For more about the process, see
that notice. We released the draft CCP
and environmental assessment (EA) to
the public, announcing and requesting
comments in a notice of availability in
the Federal Register (72 FR 34711; June
25, 2007).
Rice Lake and Mille Lacs NWRs are
located in east-central Minnesota. Both
refuges are administered by the staff at
Rice Lake NWR. Rice Lake NWR is a
mosaic of lakes, marshes, forests, and
grasslands that provide a variety of
habitat for migrant and resident
wildlife. The Refuge is especially noted
for its fall concentrations of Ring-necked
Ducks, which often number over
150,000 birds. The Refuge also includes
pre-historic and historic cultural
resources of recognized importance.
Mille Lacs NWR is the smallest refuge
in the National Wildlife Refuge System.
The 0.57-acre Refuge consists of two
islands in Mille Lacs Lake. One island
is managed as a nesting colony for the
State-listed threatened Common Tern.
The other island is used by other
colonial nesting species. The CCP will
guide us in managing and administering
Rice Lake and Mille Lacs Refuges for the
15 years following publication of the
final CCP. Alternative B, as we
described in the environmental
assessment, is the foundation for the
CCP.
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Background
The CCP Process
The National Wildlife Refuge System
Administration Act of 1966, as amended
by the National Wildlife Refuge System
Improvement Act of 1997 (16 U.S.C.
668dd–668ee et seq.), requires the
Service to develop a CCP for each
National Wildlife Refuge. The purpose
in developing a CCP is to provide refuge
managers with a 15-year strategy for
achieving refuge purposes and
contributing toward the mission of the
National Wildlife Refuge System,
consistent with sound principles of fish
and wildlife management, conservation,
legal mandates, and Service policies. In
addition to outlining broad management
direction for conserving wildlife and
their habitats, the CCP identifies
wildlife-dependent recreational
opportunities available to the public,
including opportunities for hunting,
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fishing, wildlife observation and
photography, and environmental
education and interpretation. We will
review and update these CCPs at least
every 15 years in accordance with the
National Wildlife Refuge System
Administration Act of 1966, as amended
by the National Wildlife Refuge System
Improvement Act of 1997, and the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370d).
CCP Alternatives
Our draft CCP and NEPA document
(72 FR 34711; June 25, 2007) addressed
several priority issues raised by us and
others. To address these priority issues,
we developed and evaluated 2
alternatives during the planning
process.
Alternative A, Current Management
Under Alternative A, Current
Management, the 170 acres of grassland
on the auto tour route would be
maintained; stable water levels in Rice
Lake would be maintained throughout
the growing season and at sufficient
level to allow rice harvest; the 1,400
acre area with the pending Wilderness
recommendation would be managed as
de facto wilderness; Native American
ceremonies would be held under special
use permit and wild rice harvest
coordinated with a local Native
American committee; cultural resources
would not be interpreted on-site;
demand for interpretation and
environmental education would be
responded to as staff and time
permitted; the erosion of Hennepin
Island would continue; and the 2005
landcover at the Sandstone Unit would
be maintained while allowing for forest
succession.
Alternative B, Preferred Alternative
Under Alternative B, Preferred
Alternative, 85 acres would be
maintained as grassland on the auto tour
route to facilitate wildlife observation;
water levels would be allowed to
fluctuate in Rice Lake to more closely
approximate a natural system; the 1,400
acre Wilderness recommendation would
be withdrawn to allow for more active
management; Native American
ceremonies would be held under special
use permit and wild rice harvest would
be coordinated with a local Native
American committee; additional
interpretation of cultural resources
would be developed in cooperation with
the Mille Lacs Band of Ojibwe; demand
for interpretation and environmental
education would be responded to with
additional interpretive opportunities
and educational programs with the
addition of a park ranger position; the
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4617
erosion of Hennepin Island would be
reversed through rebuilding and
protection with a constructed reef; and
the 2005 landcover at the Sandstone
Unit would be maintained while
allowing for forest succession.
Comments
We solicited comments on the draft
CCP and environmental assessment for
Rice Lake and Mille Lacs NWRs from
June 25, 2007 to July 30, 2007. We held
an open house at the refuge
headquarters on July 10, 2007, to receive
comments. We received approximately
15 written comments during the 35 day
comment period. We responded to all
substantive comments in an appendix to
the CCP.
Our Preferred Alternative
After considering the comments we
received, we have chosen Alternative B
as our preferred alternative.
Management of the Refuges for the next
15 years will focus on: (1) Improving the
long-term sustainability of wild rice in
Rice Lake; (2) reestablishing the white
pine super-canopy in Refuge forests;
and (3) strengthening programs in
wildlife-dependent recreation and
cultural resources protection.
Dated: September 12, 2007.
David R. Downes,
Acting Regional Director, Region 3, U.S. Fish
and Wildlife Service, Fort Snelling,
Minnesota.
[FR Doc. E8–1276 Filed 1–24–08; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Yukon Flats National Wildlife Refuge,
Alaska
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability of the draft
Environmental Impact Statement (EIS)
for a Proposed Land Exchange in Yukon
Flats National Wildlife Refuge, Alaska,
and announcement of Alaska National
Interest Lands Conservation Act
subsistence hearings.
AGENCY:
SUMMARY: We, the Fish and Wildlife
Service, announce that the Draft
Environmental Impact Statement (DEIS)
for a Proposed Land Exchange in the
Yukon Flats National Wildlife Refuge,
Alaska, is available for public comment.
We prepared this DEIS pursuant to the
National Environmental Policy Act of
1969 (NEPA) and its implementing
regulations. The Service is furnishing
this notice to advise the public and
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4618
Federal Register / Vol. 73, No. 17 / Friday, January 25, 2008 / Notices
other agencies of the availability of the
DEIS and to solicit comments. We have
amended our original schedule to
provide 60 days for public comment,
rather than the minimum 45 days
required by regulation. This extension
provides the latest date we can accept
public comment and still meet our
obligation to complete the EIS within
the fiscal year. We believe that 60 days
is adequate to meet the needs for public
review. Public hearings will be held in
February and March in the cities of
Anchorage and Fairbanks, and the
communities of Arctic Village, Beaver,
Birch Creek, Central, Chalkyitsik, Circle,
Fort Yukon, Stevens Village, and
Venetie. In conjunction with the public
hearings, we will hold subsistence
hearings under Section 810 of the
Alaska National Interest Lands
Conservation Act (ANILCA) in the
affected communities. The schedule for
the hearings will be highly dependent
on local weather conditions and other
community activities and commitments.
Dates, times, and locations will be
announced locally at least two weeks
prior to each hearing.
DATES: We must receive your comments
on or before March 25, 2008.
ADDRESSES: Written comments may be
submitted on-line at https://
yukonflatseis.ensr.com or mailed to:
Yukon Flats EIS Project Office, c/o
ENSR, 1835 S. Bragaw Street, Suite 490,
Anchorage, AK 99508–3438. To request
a paper copy or compact disk of the
DEIS, contact: Cyndie Wolfe, Project
Coordinator, U.S. Fish and Wildlife
Service, 1011 East Tudor Road, MS–231,
Anchorage, AK 99503, or
yukonflats_noi@fws.gov or at 907–786–
3463. You may view or download a
copy of the DEIS at: https://
yukonflatseis.ensr.com. Copies of the
DEIS may be viewed at the Yukon Flats
National Wildlife Refuge Office in
Fairbanks, Alaska and at the U.S. Fish
and Wildlife Service Regional Office in
Anchorage, Alaska.
FOR FURTHER INFORMATION CONTACT:
Cyndie Wolfe at the above address.
SUPPLEMENTARY INFORMATION: The
Yukon Flats Refuge is located in eastern
interior Alaska. The exterior boundaries
encompass about 11.1 million acres,
including 2.5 million acres owned or
selected by Native corporations
established under the Alaska Native
Claims Settlement Act of 1971 (ANCSA;
43 U.S.C. 1601, et seq.). The Refuge
includes the Yukon Flats, a vast wetland
basin bisected by the Yukon River. The
Refuge supports the highest density of
breeding ducks in Alaska, and includes
one of the greatest waterfowl breeding
areas in North America.
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16:59 Jan 24, 2008
Jkt 214001
Doyon, Limited (Doyon) is an Alaska
Native Regional Corporation established
under ANCSA. Under the authority of
ANCSA, Congress granted to Doyon
land entitlements within an area that
later became the Yukon Flats National
Wildlife Refuge (Refuge) in 1980. Doyon
has ownership interests in nearly 2
million acres within the boundaries of
the Refuge, including the surface and
subsurface estates of 1.15 million acres
of land, and the subsurface estate of
another 782,000 acres. An additional
56,500 acres remain to be allocated by
Doyon to Village Corporations located
in the Refuge; Doyon would own the
subsurface to these lands. Doyon is
owned by over 14,000 Alaska Natives
(Native Americans) with ties to a large
portion of interior Alaska.
Approximately 1,300 people reside in
nine communities in or near the Yukon
Flats Refuge. Most residents are Alaska
Natives and many are Doyon
shareholders.
Negotiators for Doyon and the Fish
and Wildlife Service, Alaska Region,
have agreed in principle to exchange
certain lands within the Refuge. Under
the agreement, the United States (U.S.)
would convey to Doyon the title to
Refuge lands that may hold developable
oil and gas resources. In exchange,
Doyon would convey to the U.S. certain
lands owned by Doyon within the
Refuge boundary. These lands include
wetlands previously identified by the
Service as priority fish and wildlife
habitats. In addition, both parties have
agreed to exchange nearly six townships
(132,000 acres each) to consolidate
ownerships and facilitate land
management within the Refuge. All
lands acquired by the U.S. would be
managed as part of the Yukon Flats
Refuge. Activities on Doyon-owned
lands are not subject to regulation by the
Service.
At the request of Doyon and the
public, the Service has prepared a Draft
Environmental Impact Statement (DEIS)
to evaluate the effects of the exchange,
in accordance with procedures for
implementing the National
Environmental Policy Act of 1969
(NEPA; 42 U.S.C. 4321–4370d).
The DEIS evaluates a range of
reasonable alternatives, including the
following four alternatives:
Proposed Action: Equal-value land
exchange (based on fair market
appraisals) as described in the
Agreement in Principle (for the full text
of the Agreement, see Appendix A of
the DEIS or the project Web site at
https://yukonflatseis.ensr.com/
yukon_flats/documents_other.htm).
Under Phase I of this agreement, Doyon
would receive about 110,000 acres of
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Refuge lands with oil and gas potential
and 97,000 acres of oil and gas interests
(no surface occupancy). In exchange, the
U.S. would receive from Doyon a
minimum of 150,000 acres with lowland
fish and wildlife habitats. The actual
amount of land received from Doyon
would be more than 150,000 acres if
appraisals (due in late spring 2008)
indicate more lands are needed to equal
the value of the Service lands. In
addition, Doyon would reallocate
56,500 acres of its remaining land
entitlement under Section 12(b) of
ANCSA to areas outside the Refuge.
Both parties would pursue additional
township-level exchanges to consolidate
ownerships. If Doyon were to produce
oil or gas on lands acquired in the
exchange, under Phase II of the
Agreement the Service would receive a
perpetual production payment equal to
1.25% of the value at the wellhead to be
used to: (1) Purchase from Doyon up to
120,000 acres of additional lands or
interests therein, within the Refuge, (2)
purchase land or interests therein, from
other willing sellers in other national
wildlife refuges in Alaska, or to (3)
construct facilities in Alaska Refuges.
Alternative 1: Land exchange with
non-development easements. The land
exchange would proceed as described in
Phase I under the Proposed Action
above. In addition, at the time of the
initial exchange, Doyon would donate to
the U.S. non-development easements
that preclude development on up to
120,000 acres of Doyon-owned lands.
Rather than selling these lands to the
U.S. in Phase II (as provided for in the
Proposed Action), Doyon would donate
the non-development easements
whether or not oil and gas is produced
from the exchange lands. If Doyon were
to produce oil or gas on lands received
in the exchange, the U.S. would receive
a perpetual production payment of
0.25% of the resource value at the
wellhead rather than 1.25% as provided
under the Proposed Action.
Alternative 2: Land exchange
excluding White-Crazy Mountains. The
Yukon Flats Comprehensive
Conservation Plan and Environmental
Impact Statement recommended
Wilderness designation for a 658,000
acre area in the White-Crazy Mountains.
Under the Proposed Action and
Alternative 1, Doyon would receive title
to about 26,500 acres of this land; under
Alternative 2, these 26,500 acres would
be excluded from the exchange. In
Phase I of the exchange, Doyon would
receive title to approximately 83,500
acres of Refuge lands (surface and
subsurface) and 105,000 acres of oil and
gas interests. About 21,000 acres of the
latter would be within the area
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Federal Register / Vol. 73, No. 17 / Friday, January 25, 2008 / Notices
proposed for Wilderness designation.
However, only off-site drilling would be
allowed; there would be no surface
occupancy by Doyon. From Doyon, the
U.S. would receive title to a minimum
of 115,000 acres, but the actual amount
could be adjusted upward to equalize
values. The land consolidation
exchange and 12(b) reallocation
provisions of Phase I would proceed as
detailed in the Agreement in Principle.
Phase II of the exchange would proceed
as detailed in the Agreement, however
Doyon’s commitment to sell additional
lands to the U.S. would be reduced from
about 120,000 acres to about 81,000
acres. Potential access rights-of-way
would cross the proposed White-Crazy
Mountains Wilderness Area. If Doyon
were to produce oil or gas on the lands
received in the exchange, the Service
would receive a perpetual production
payment equal to 1.25% of the value at
the wellhead.
Alternative 3: No action (no
exchange). The U.S. would not enter
into a land exchange with Doyon.
Doyon currently owns about 1.055
million acres of land with oil and gas
potential inside the Refuge. Therefore,
any alternative, including the ‘‘no
action’’ alternative, could result in oil
and/or gas development on Doyonowned lands. If Doyon develops any of
its lands, including those received
through exchange, the resulting
infrastructure could facilitate
development on other private lands in
the Refuge. The impacts of development
on Doyon’s current land holdings, with
or without a land exchange, are
analyzed as Cumulative Effects in the
DEIS. In most cases, access to Doyon
lands would cross federally-owned
lands. In these cases, Doyon would be
required to apply for a right-of-way
permit under Title XI of ANILCA. At
that time, a separate NEPA process
would evaluate various transportation/
pipeline corridor alternatives as well as
the proposed oil field development.
During scoping, the Service identified
a number of issues that are analyzed in
detail in the DEIS. Most of the public
scoping comments focused on the
potential impacts of oil and gas
development in the Yukon Flats rather
than the land exchange itself. Therefore
much of the DEIS focuses on
development impacts. Specifically, the
DEIS addresses how the proposed
alternatives could affect fish and
wildlife; wetlands and aquatic habitats;
the physical environment (water quality
and quantity, hydrology, air quality,
climate); subsistence; cultural/
archaeological resources;
socioeconomics; refuge purposes;
biological integrity, diversity and
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Jkt 214001
environmental health; land use
(including special designation areas,
recreation, visual resources) and
environmental justice (including human
health).
Section 810 of ANILCA requires the
Service to evaluate the effects of the
alternatives on subsistence activities
and to hold public hearings if any
alternative may significantly restrict
subsistence activities. The Service
analysis finds that the cumulative
effects, considered in conjunction with
the alternatives, meet the ‘‘may
significantly restrict’’ threshold.
Therefore, the Service will hold
subsistence hearings in conjunction
with the DEIS public hearings.
Public availability of comments:
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment-including your
personal identifying information-may be
made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Dated: January 17, 2008.
Thomas O. Melius,
Regional Director, U.S. Fish and Wildlife
Service, Anchorage, Alaska.
[FR Doc. E8–1277 Filed 1–24–08; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Michigan DNR: Application for an
Incidental Take Permit
Fish and Wildlife Service,
Interior.
ACTION: Notice of Availability of a Draft
Habitat Conservation Plan and Draft
Environmental Assessment for the
Karner blue butterfly; receipt of
application for an incidental take
permit; request for comments.
AGENCY:
SUMMARY: The Michigan Department of
Natural Resources (Applicant) has
applied to the U.S. Fish and Wildlife
Service (Service) for a 20-year incidental
take permit (ITP) for the federally
endangered Karner blue butterfly
(Lycaeides melissa samuelis) (KBB)
pursuant to section 10(a)(1)(B) of the
Endangered Species Act of 1973, as
amended (Act). The ITP would allow
the Applicant to engage in habitat
management, right-of-way maintenance,
and certain development activities in
occupied KBB habitat on non-Federal
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4619
land in Michigan. The permit
application includes a draft Habitat
Conservation Plan (HCP) and draft
Environmental Assessment (EA) that
describes the proposed action and
measures the Applicant will undertake
to minimize and mitigate take of KBB.
Section 9 of the Act and its
implementing regulations prohibit the
take of animal species listed as
endangered or threatened. The
definition of take under the Act
includes the following activities: to
harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect
listed animal species, or attempt to
engage in such conduct (16 U.S.C.
1538). Section 10 of the Act, 16 U.S.C.
1539, establishes a program whereby
persons seeking to pursue activities that
otherwise could give rise to liability for
unlawful ‘‘take’’ of federally protected
species may receive an ITP, which
protects them from such liability. To
obtain an ITP, an applicant must submit
a HCP containing appropriate
minimization and mitigation measures
and ensure that the taking is incidental
to, and not the purpose of, an otherwise
lawful activity (16 U.S.C. 1539(a)(1)(B)
and 1539(a)(2)(A). Once we have
determined the applicant has satisfied
these and other statutory criteria, we
may issue the ITP.
This notice, provided pursuant to
section 10(a)(1)(B) of the Endangered
Species Act, as amended, advises the
public and other agencies of the
availability of the draft HCP and draft
EA for review and comment.
DATES: To ensure consideration, we
must receive your written comments on
or before March 25, 2008.
ADDRESSES: Send your comments or
request information by any of the
following methods:
• U.S. Mail: Comments should be
sent to the Regional Director, U.S. Fish
and Wildlife Service, Division of
Ecological Services, 1 Federal Drive,
Fort Snelling, Minnesota 55111–4056.
• Facsimile: 612–713–5292.
• E-Mail: hcp_MichiganKBB@fws.gov.
All comments received become part of
the official public record. Public
requests for comments submitted will be
handled in accordance with the
Freedom of Information Act and the
Council on Environmental Quality’s
NEPA regulations [40 CFR 1506.6(f)].
Our practice is to make comments,
including names and home addresses of
respondents, available for public review
during regular business hours.
Individual respondents may request we
withhold their home address from the
record, which we will honor to the
extent allowable by law. If a respondent
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]]>Agencies
[Federal Register Volume 73, Number 17 (Friday, January 25, 2008)]
[Notices]
[Pages 4617-4619]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-1277]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Yukon Flats National Wildlife Refuge, Alaska
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability of the draft Environmental Impact
Statement (EIS) for a Proposed Land Exchange in Yukon Flats National
Wildlife Refuge, Alaska, and announcement of Alaska National Interest
Lands Conservation Act subsistence hearings.
-----------------------------------------------------------------------
SUMMARY: We, the Fish and Wildlife Service, announce that the Draft
Environmental Impact Statement (DEIS) for a Proposed Land Exchange in
the Yukon Flats National Wildlife Refuge, Alaska, is available for
public comment. We prepared this DEIS pursuant to the National
Environmental Policy Act of 1969 (NEPA) and its implementing
regulations. The Service is furnishing this notice to advise the public
and
[[Page 4618]]
other agencies of the availability of the DEIS and to solicit comments.
We have amended our original schedule to provide 60 days for public
comment, rather than the minimum 45 days required by regulation. This
extension provides the latest date we can accept public comment and
still meet our obligation to complete the EIS within the fiscal year.
We believe that 60 days is adequate to meet the needs for public
review. Public hearings will be held in February and March in the
cities of Anchorage and Fairbanks, and the communities of Arctic
Village, Beaver, Birch Creek, Central, Chalkyitsik, Circle, Fort Yukon,
Stevens Village, and Venetie. In conjunction with the public hearings,
we will hold subsistence hearings under Section 810 of the Alaska
National Interest Lands Conservation Act (ANILCA) in the affected
communities. The schedule for the hearings will be highly dependent on
local weather conditions and other community activities and
commitments. Dates, times, and locations will be announced locally at
least two weeks prior to each hearing.
DATES: We must receive your comments on or before March 25, 2008.
ADDRESSES: Written comments may be submitted on-line at https://
yukonflatseis.ensr.com or mailed to: Yukon Flats EIS Project Office, c/
o ENSR, 1835 S. Bragaw Street, Suite 490, Anchorage, AK 99508-3438. To
request a paper copy or compact disk of the DEIS, contact: Cyndie
Wolfe, Project Coordinator, U.S. Fish and Wildlife Service, 1011 East
Tudor Road, MS-231, Anchorage, AK 99503, or yukonflats_noi@fws.gov or
at 907-786-3463. You may view or download a copy of the DEIS at: http:/
/yukonflatseis.ensr.com. Copies of the DEIS may be viewed at the Yukon
Flats National Wildlife Refuge Office in Fairbanks, Alaska and at the
U.S. Fish and Wildlife Service Regional Office in Anchorage, Alaska.
FOR FURTHER INFORMATION CONTACT: Cyndie Wolfe at the above address.
SUPPLEMENTARY INFORMATION: The Yukon Flats Refuge is located in eastern
interior Alaska. The exterior boundaries encompass about 11.1 million
acres, including 2.5 million acres owned or selected by Native
corporations established under the Alaska Native Claims Settlement Act
of 1971 (ANCSA; 43 U.S.C. 1601, et seq.). The Refuge includes the Yukon
Flats, a vast wetland basin bisected by the Yukon River. The Refuge
supports the highest density of breeding ducks in Alaska, and includes
one of the greatest waterfowl breeding areas in North America.
Doyon, Limited (Doyon) is an Alaska Native Regional Corporation
established under ANCSA. Under the authority of ANCSA, Congress granted
to Doyon land entitlements within an area that later became the Yukon
Flats National Wildlife Refuge (Refuge) in 1980. Doyon has ownership
interests in nearly 2 million acres within the boundaries of the
Refuge, including the surface and subsurface estates of 1.15 million
acres of land, and the subsurface estate of another 782,000 acres. An
additional 56,500 acres remain to be allocated by Doyon to Village
Corporations located in the Refuge; Doyon would own the subsurface to
these lands. Doyon is owned by over 14,000 Alaska Natives (Native
Americans) with ties to a large portion of interior Alaska.
Approximately 1,300 people reside in nine communities in or near the
Yukon Flats Refuge. Most residents are Alaska Natives and many are
Doyon shareholders.
Negotiators for Doyon and the Fish and Wildlife Service, Alaska
Region, have agreed in principle to exchange certain lands within the
Refuge. Under the agreement, the United States (U.S.) would convey to
Doyon the title to Refuge lands that may hold developable oil and gas
resources. In exchange, Doyon would convey to the U.S. certain lands
owned by Doyon within the Refuge boundary. These lands include wetlands
previously identified by the Service as priority fish and wildlife
habitats. In addition, both parties have agreed to exchange nearly six
townships (132,000 acres each) to consolidate ownerships and facilitate
land management within the Refuge. All lands acquired by the U.S. would
be managed as part of the Yukon Flats Refuge. Activities on Doyon-owned
lands are not subject to regulation by the Service.
At the request of Doyon and the public, the Service has prepared a
Draft Environmental Impact Statement (DEIS) to evaluate the effects of
the exchange, in accordance with procedures for implementing the
National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321-4370d).
The DEIS evaluates a range of reasonable alternatives, including
the following four alternatives:
Proposed Action: Equal-value land exchange (based on fair market
appraisals) as described in the Agreement in Principle (for the full
text of the Agreement, see Appendix A of the DEIS or the project Web
site at https://yukonflatseis.ensr.com/yukon_flats/documents_
other.htm). Under Phase I of this agreement, Doyon would receive about
110,000 acres of Refuge lands with oil and gas potential and 97,000
acres of oil and gas interests (no surface occupancy). In exchange, the
U.S. would receive from Doyon a minimum of 150,000 acres with lowland
fish and wildlife habitats. The actual amount of land received from
Doyon would be more than 150,000 acres if appraisals (due in late
spring 2008) indicate more lands are needed to equal the value of the
Service lands. In addition, Doyon would reallocate 56,500 acres of its
remaining land entitlement under Section 12(b) of ANCSA to areas
outside the Refuge. Both parties would pursue additional township-level
exchanges to consolidate ownerships. If Doyon were to produce oil or
gas on lands acquired in the exchange, under Phase II of the Agreement
the Service would receive a perpetual production payment equal to 1.25%
of the value at the wellhead to be used to: (1) Purchase from Doyon up
to 120,000 acres of additional lands or interests therein, within the
Refuge, (2) purchase land or interests therein, from other willing
sellers in other national wildlife refuges in Alaska, or to (3)
construct facilities in Alaska Refuges.
Alternative 1: Land exchange with non-development easements. The
land exchange would proceed as described in Phase I under the Proposed
Action above. In addition, at the time of the initial exchange, Doyon
would donate to the U.S. non-development easements that preclude
development on up to 120,000 acres of Doyon-owned lands. Rather than
selling these lands to the U.S. in Phase II (as provided for in the
Proposed Action), Doyon would donate the non-development easements
whether or not oil and gas is produced from the exchange lands. If
Doyon were to produce oil or gas on lands received in the exchange, the
U.S. would receive a perpetual production payment of 0.25% of the
resource value at the wellhead rather than 1.25% as provided under the
Proposed Action.
Alternative 2: Land exchange excluding White-Crazy Mountains. The
Yukon Flats Comprehensive Conservation Plan and Environmental Impact
Statement recommended Wilderness designation for a 658,000 acre area in
the White-Crazy Mountains. Under the Proposed Action and Alternative 1,
Doyon would receive title to about 26,500 acres of this land; under
Alternative 2, these 26,500 acres would be excluded from the exchange.
In Phase I of the exchange, Doyon would receive title to approximately
83,500 acres of Refuge lands (surface and subsurface) and 105,000 acres
of oil and gas interests. About 21,000 acres of the latter would be
within the area
[[Page 4619]]
proposed for Wilderness designation. However, only off-site drilling
would be allowed; there would be no surface occupancy by Doyon. From
Doyon, the U.S. would receive title to a minimum of 115,000 acres, but
the actual amount could be adjusted upward to equalize values. The land
consolidation exchange and 12(b) reallocation provisions of Phase I
would proceed as detailed in the Agreement in Principle. Phase II of
the exchange would proceed as detailed in the Agreement, however
Doyon's commitment to sell additional lands to the U.S. would be
reduced from about 120,000 acres to about 81,000 acres. Potential
access rights-of-way would cross the proposed White-Crazy Mountains
Wilderness Area. If Doyon were to produce oil or gas on the lands
received in the exchange, the Service would receive a perpetual
production payment equal to 1.25% of the value at the wellhead.
Alternative 3: No action (no exchange). The U.S. would not enter
into a land exchange with Doyon.
Doyon currently owns about 1.055 million acres of land with oil and
gas potential inside the Refuge. Therefore, any alternative, including
the ``no action'' alternative, could result in oil and/or gas
development on Doyon-owned lands. If Doyon develops any of its lands,
including those received through exchange, the resulting infrastructure
could facilitate development on other private lands in the Refuge. The
impacts of development on Doyon's current land holdings, with or
without a land exchange, are analyzed as Cumulative Effects in the
DEIS. In most cases, access to Doyon lands would cross federally-owned
lands. In these cases, Doyon would be required to apply for a right-of-
way permit under Title XI of ANILCA. At that time, a separate NEPA
process would evaluate various transportation/pipeline corridor
alternatives as well as the proposed oil field development.
During scoping, the Service identified a number of issues that are
analyzed in detail in the DEIS. Most of the public scoping comments
focused on the potential impacts of oil and gas development in the
Yukon Flats rather than the land exchange itself. Therefore much of the
DEIS focuses on development impacts. Specifically, the DEIS addresses
how the proposed alternatives could affect fish and wildlife; wetlands
and aquatic habitats; the physical environment (water quality and
quantity, hydrology, air quality, climate); subsistence; cultural/
archaeological resources; socioeconomics; refuge purposes; biological
integrity, diversity and environmental health; land use (including
special designation areas, recreation, visual resources) and
environmental justice (including human health).
Section 810 of ANILCA requires the Service to evaluate the effects
of the alternatives on subsistence activities and to hold public
hearings if any alternative may significantly restrict subsistence
activities. The Service analysis finds that the cumulative effects,
considered in conjunction with the alternatives, meet the ``may
significantly restrict'' threshold. Therefore, the Service will hold
subsistence hearings in conjunction with the DEIS public hearings.
Public availability of comments: Before including your address,
phone number, e-mail address, or other personal identifying information
in your comment, you should be aware that your entire comment-including
your personal identifying information-may be made publicly available at
any time. While you can ask us in your comment to withhold your
personal identifying information from public review, we cannot
guarantee that we will be able to do so.
Dated: January 17, 2008.
Thomas O. Melius,
Regional Director, U.S. Fish and Wildlife Service, Anchorage, Alaska.
[FR Doc. E8-1277 Filed 1-24-08; 8:45 am]
BILLING CODE 4310-55-P
