Bridger-Teton National Forest; Revised 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, 16621-16622 [E8-6229]

Agencies

• DEPARTMENT OF AGRICULTURE
• Forest Service

[Federal Register Volume 73, Number 61 (Friday, March 28, 2008)]
[Notices]
[Pages 16621-16622]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6229]


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DEPARTMENT OF AGRICULTURE

Forest Service


Bridger-Teton National Forest; Revised 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

AGENCY: Forest Service, USDA.

SUMMARY: This notice revises an earlier Notice of Intent (NOI) to 
prepare a supplemental environmental impact statement (SEIS) to analyze 
and disclose new information relative to oil and gas leasing of 44,720 
acres on the Big Piney Ranger District. The Forest Service is providing 
this revised notice because the public scoping period is being 
extended. 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, comments specific to 
new issues or information that was not considered are being solicited.

DATES: Comments concerning new information or issues not previously 
considered in the leasing analysis must be postmarked by April 28, 
2008. The Draft SEIS (DSEIS) is expected in November 2008. The 
estimated completion date for the Final SEIS (FSEIS) is April 2009.

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 
SEIS''.

FOR FURTHER INFORMATION CONTACT: Stephen Haydon, Project Leader.

SUPPLEMENTARY INFORMATION: This revised notice updates the original 
NOI, which appeared Monday, February 4, 2008, in the Federal Register 
(73 FR pages 6453-6454). The Bridger-Teton National Forest (BTNF) made 
an oil and gas leasing decision in the Forest Plan signed in 1990 after 
preparing an environmental impact statement (EIS). 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 new issues 
bearing on oil and gas leasing have arisen and new information has 
become available since that decision. 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 Bureau 
of Land Management (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. This appeal included a ``Request for 
Stay'', which was 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 or as identified though 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

[[Page 16622]]

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, 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 cancelling 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 Carol ``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 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 Forest Service National Environmental Policy 
Act (NEPA) analysis is adequate, and subsequently whether to lift the 
suspension on the existing leases and whether 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 that was not 
considered. 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. Ongoing information 
related to the proposed action and related analysis will be posted on 
the BTNF Web site at 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 Canada 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 revised notice extends the scoping process which guides the 
development of the supplemental environmental impact statement. Send 
written comments to the addresses given above for further information. 
No meetings are planned at this time.
    Early Notice of Importance of Public Participation in Subsequent 
Environmental Review: A DSEIS will be prepared for comment. The comment 
period on the DSEIS will be for a period 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 draft environmental impact statement (DEIS) or a DSEIS 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 the agency 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: March 19, 2008.
Carole ``Kniffy'' Hamilton,
Forest Supervisor, Bridger-Teton National Forest.
[FR Doc. E8-6229 Filed 3-27-08; 8:45 am]
BILLING CODE 3410-11-M