Notice of Intent To Prepare a Supplemental Environmental Impact Statement, 6453-6454 [08-472]

Agencies

• DEPARTMENT OF AGRICULTURE
• Forest Service
• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 73, Number 23 (Monday, February 4, 2008)]
[Notices]
[Pages 6453-6454]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-472]


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Federal Register / Vol. 73, No. 23 / Monday, February 4, 2008 / 
Notices

[[Page 6453]]



DEPARTMENT OF AGRICULTURE

Forest Service

DEPARTMENT OF THE INTERIOR

Bureau of Land Management


Notice of Intent To Prepare a Supplemental Environmental Impact 
Statement

AGENCY: Forest Service, USDA, and Bureau of Land Management, DOI.

ACTION: Notice of Intent to prepare a Supplemental Environmental Impact 
Statement to analyze and disclose new information relative to oil and 
gas leasing of 44,720 acres on the Big Piney Ranger District.

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SUMMARY: The Bureau of Land Management (BLM), after receiving nominated 
oil and gas lease parcels and appropriate lease stipulations from the 
Forest Service (FS), sold and issued 12 leases, and sold 23 other 
leases that have not been issued. An appeal to the Interior Board of 
Land Appeals (IBLA) resulted in a stay being granted for the 12 issued 
leases. Upon request, the appeal was remanded back to the BLM for 
resolution. The IBLA decision held that BLM had relied on an 
inadequate/stale NEPA analysis in reaching its decision to sell and 
issue the lease parcels. In the case of oil and gas leasing decisions 
on National Forest system lands, and in conformance with a MOU between 
the BLM and FS which identifies the need for BLM to be a cooperating 
agency, the NEPA analysis that was relied on by BLM to inform leasing 
decisions was adopted from the appropriate and applicable Forest 
Service NEPA. This supplemental EIS will address the issues identified 
by IBLA as inadequately or inappropriately addressed in previous NEPA 
analyses informing leasing decisions, and other issues identified 
through scoping.

DATES: Comments concerning new information or issues not previously 
considered in the leasing analysis must be postmarked no later than 45 
days from the publication of this notice in the Federal Register. The 
Draft Supplemental EIS (DSEIS) is expected in May of 2008 and the Final 
Supplemental Environmental Impact Statement (FSEIS) is expected in 
September of 2008.

ADDRESSES: Send written comments to Stephen Haydon, Forest Minerals 
Staff, Bridger-Teton National Forest, 340 N. Cache, PO Box 1888, 
Jackson, WY 83001-1888. Send electronic comments to: comments-intermtn-
bridger-teton@fs.fed.us; with the subject clearly titled ``Leasing 
EIS''.

FOR FURTHER INFORMATION CONTACT: Stephen Haydon, Project Leader.

SUPPLEMENTARY INFORMATION: The Bridger-Teton National Forest made an 
oil and gas leasing decision in the forest plan signed in 1990. 
Subsequent Environmental Assessments were completed in the early 1990s 
to consider the impacts of oil and gas leasing in various Management 
Areas throughout the Forest. Since the early 1990s, several issues that 
have some bearing on oil and gas leasing have arisen and new 
information has become available. The Forest reviewed those issues and 
the new information and documented that review in a Supplemental 
Information Report dated February 25, 2004. The Forest Supervisor 
concluded that the new issues and information did not alter the 
previous leasing decision in the Forest Plan. Subsequently, in 2005 the 
Forest Service sent lease parcels covering 44,720 acres to the BLM for 
competitive lease sale. The BLM offered, sold and issued leases on 
20,963 acres in December 2005 and April 2006, and sold but did not 
issue leases on the remaining 23,757 acres in June and August 2006. 
Following protest and BLM State Director's Review, an appeal to the 
Interior Board of Land Appeals (IBLA) was filed for the December and 
April lease sales. The appeal included ``Request for Stay,'' which the 
IBLA granted. Upon request by the BLM, IBLA remanded the appeals back 
to the BLM for resolution. This supplemental analysis will address the 
resource issues and effects analysis concerns identified by IBLA and 
additional issues identified through this scoping effort.

Purpose and Need for Action

    The purpose and need for action is to determine whether and to what 
extent analysis of new issues and information might alter the oil and 
gas leasing decision as it relates to the 44,720 acres forwarded to the 
BLM for competitive lease sale. This action is needed to address the 
appropriateness of the previous leasing decisions, to decide the final 
disposition of the suspended existing leases and lease parcels, and to 
be responsive to the IBLA remand requiring incorporation of the new 
issues and information in the BLM decision to lift the suspension of 
lease parcels and issue oil and gas leases.

Proposed Action

    The proposed federal action is to lift the current suspension on 
the issued December 2005 and April 2006 leases and to issue those that 
were sold but not issued from the June and August 2006 sales. To do so 
requires the analysis of new issues and information not available to 
the deciding officials at the time the leasing decision was made.

Possible Alternatives

    The alternatives to be considered may include continuation of the 
current leasing decision contained in the forest plan, and the no 
action alternative, and potentially others identified in scoping. The 
no action alternative would involve not issuing the leases that have 
been sold but not issued, and the cancellation of the leases that were 
sold. Additional alternatives may be identified once scoping is 
completed.

Lead and Cooperating Agencies

    The Forest Service is the lead agency. The BLM and the State of 
Wyoming are cooperating agencies.

Responsible Official

    The Forest Service responsible official for determining if and to 
what extent the analysis of new issues and information would alter the 
oil and gas leasing decision contained in the BTNF Forest Plan (36 CFR 
228.102(d)) is Kniffy Hamilton, Forest Supervisor, Bridger-Teton 
National Forest, 340 N. Cache (P.O. Box 1888), Jackson, Wyoming 83001. 
The BLM responsible official for final decision (43 CFR 3101.7) 
relative to the issuance or disposition of the leases and lease parcels 
is Robert A. Bennett, State Director, BLM--Wyoming

[[Page 6454]]

State Office, 5353 Yellowstone (P.O. Box 1828), Cheyenne, Wyoming 
82009.

Nature of Decision To Be Made

    The Forest Service will determine if and how the current Forest 
Plan oil and gas leasing decision, as it relates to the 44,720 acres, 
should be changed based on new information. If a new decision is 
determined not to be needed following preparation of the Supplemental 
environmental impact statement, that determination is not subject to 
appeal in accordance with 36 CFR 215.12. The BLM will then decide 
whether or not the revised FS NEPA analysis is adequate, and 
subsequently whether to lift the suspension on the existing leases and 
whether or not to issue leases on the other lease parcels.

Scoping Process

    Scoping for a supplemental statement is not required (40 CFR 
1502.9(c)(4)), but due to the length of time since scoping associated 
with the current leasing decision was conducted, the agencies are 
soliciting comments specific to new issues or information. Letters will 
be sent to the forest mailing list of known interested parties. Public 
meetings held in 2006 in association with forest plan revision efforts 
generated issues relative to oil and gas leasing. Comments received 
during those meetings will be considered in this supplemental analysis. 
The scoping process will assist the agencies in identifying specific 
issues to be addressed related to the purpose and need and the scope of 
the decision. Mail comments to the addresses given above for further 
information. Ongoing information related to the proposed action and 
related analysis will be posted on the Bridger-Teton National Forest 
Web site https://www.fs.fed.us/r4/btnf.

Preliminary Issues

    Preliminary issues associated with the proposed action include:
    (1) The drilling and production of wells subsequent to leasing 
could impact air quality and air quality related values, with emphasis 
on cumulative effects due to extensive development in the Pinedale 
area.
    (2) The T&E listed Lynx, or its habitat, could be impacted by 
subsequent exploration and development activities.
    (3) Impacts to water quality due to subsequent surface disturbing 
activities could adversely affect the Colorado River Cutthroat Trout.
    (4) The development of a transportation system to support field 
development could adversely affect mule deer migration routes in the 
area and fragment habitat.

Comment Requested

    This notice of intent initiates the scoping process which guides 
the development of the supplemental environmental impact statement.
    Early Notice of Importance of Public Participation in Subsequent 
Environmental Review: A Supplemental DEIS will be prepared for comment. 
The comment period on the SDEIS will be for a perod of 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 
a DEIS 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 DEIS 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 rulings, it is very 
important that those interested in this proposed action participate by 
the close of the 45-day comment period 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 on the DEIS should be as specific as possible. It is also 
helpful if comments refer to specific pages or chapters of the draft 
statement. Comments may also address the adequacy of the DEIS or the 
merits of the alternatives formulated and discussed in the statement. 
Reviewers may wish to refer to the Council on Environmental Quality 
Regulations for implementing the procedural provisions of the National 
Environmental Policy Act at 40 CFR 1503.3 in addressing these points.
    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: January 25, 2008.
Kniffy Hamilton,
Forest Supervisor, Bridger-Teton National Forest.
Jane D. Darnell,
Acting Wyoming State Director, Bureau of Land Management.
[FR Doc. 08-472 Filed 2-1-08; 8:45 am]
BILLING CODE 3410-11-M