Notice of Availability of the Draft Uranium Leasing Program Programmatic Environmental Impact Statement, 16483-16485 [2013-05777]
Download as PDF
Federal Register / Vol. 78, No. 51 / Friday, March 15, 2013 / Notices
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
The Department may disclose
information contained in a record in
this system of records under the routine
uses listed in this system of records
without the consent of the individual if
the disclosure is compatible with the
purposes for which the record was
collected. These disclosures may be
made on a case-by-case basis or, if the
Department has complied with the
computer matching requirements of the
Privacy Act of 1974, as amended
(Privacy Act), under a computer
matching agreement. Any disclosure of
individually identifiable information
from a record in this system must also
comply with the requirements of section
183 of the ESRA (20 U.S.C. 9573)
providing for confidentiality standards
that apply to all collections, reporting,
and publication of data by IES.
(1) Contract Disclosure. If the
Department contracts with an entity for
the purposes of performing any function
that requires disclosure of records in
this system to employees of the
contractor, the Department may disclose
the records to those employees. Before
entering into such a contract, the
Department shall require the contractor
to maintain Privacy Act safeguards as
required under 5 U.S.C. 552a(m) with
respect to the records in the system.
(2) Research Disclosure. The Director
of the Institute of Education Sciences
may disclose information from this
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researchers solely for the purpose of
carrying out specific research that is
compatible with the purpose(s) of this
system of records. The researcher shall
be required to maintain safeguards
under the Privacy Act and section 183
of the ESRA (20 U.S.C. 9573(c)) with
respect to such records. When
personally identifiable information from
a student’s education record, other than
directory information, will be disclosed
to the researcher under the Family
Educational Rights and Privacy Act
(FERPA), the researcher also shall be
required to comply with the
requirements in the applicable FERPA
exception to consent.
srobinson on DSK4SPTVN1PROD with NOTICES
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Not applicable to this system of
records.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The Department maintains records on
CD–ROM, and should IES’ technical
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support contractor (Decision
Information Resources, Inc.) and subcontractor (Mathematica Policy
Research, Inc.) be asked to provide
assistance, they will maintain data for
this system on computers and in hard
copy.
RETENTION AND DISPOSAL:
RETRIEVABILITY:
Associate Commissioner, Evaluation
Division, National Center for Education
Evaluation and Regional Assistance,
Institute of Education Sciences, U.S.
Department of Education, 555 New
Jersey Avenue NW., Room 502D,
Washington, DC 20208–0001.
Records in this system are indexed
and retrieved by a number assigned to
each individual that is cross-referenced
by the individual’s name on a separate
list.
SAFEGUARDS:
All physical access to the
Department’s site and to the sites of the
Department’s contractor and
subcontractor, where this system of
records may be maintained, is
controlled and monitored by security
personnel. The computer system
employed by the Department offers a
high degree of resistance to tampering
and circumvention. This security
system limits data access to Department
and contract staff on a need-to-know
basis, and controls individual users’
ability to access and alter records within
the system. The contractor and
subcontractor, should they be asked to
provide technical support, will establish
a similar set of procedures at their sites
to ensure confidentiality of data. The
contractor’s and subcontractor’s systems
are required to ensure that information
identifying individuals is in files
physically separated from other research
data. The contractor and subcontractor
will maintain security of the complete
set of all master data files and
documentation. Access to individually
identifying data will be strictly
controlled. All data will be kept in
locked file cabinets during nonworking
hours, and work on hardcopy data will
take place in a single room, except for
data entry. Physical security of
electronic data will also be maintained.
Security features that protect project
data include: Password-protected
accounts that authorize users to use the
contractor’s system but to access only
specific network directories and
network software; user rights and
directory and file attributes that limit
those who can use particular directories
and files and determine how they can
use them; and additional security
features that the network administrators
will establish for projects as needed.
The contractor’s and subcontractor’s
employees who ‘‘maintain’’ (collect,
maintain, use, or disseminate) data in
this system shall comply with the
requirements of the confidentiality
standards in section 183 of the ESRA
(20 U.S.C. 9573).
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Fmt 4703
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Records are maintained and disposed
of in accordance with the Department’s
Records Disposition Schedule ED 068.a
(NARA Disposition Authority N1–441–
08–18).
SYSTEM MANAGER AND ADDRESS:
NOTIFICATION PROCEDURE:
If you wish to determine whether a
record exists regarding you in the
system of records, contact the systems
manager. Your request must meet the
requirements of regulations at 34 CFR
5b.5, including proof of identity.
RECORD ACCESS PROCEDURE:
If you wish to gain access to your
record in the system of records, contact
the system manager. Your request must
meet the requirements of regulations at
34 CFR 5b.5, including proof of identity.
CONTESTING RECORD PROCEDURE:
If you wish to contest the content of
a record regarding you in the system of
records, contact the system manager.
Your request must meet the
requirements of the regulations at 34
CFR 5b.7, including proof of identity.
RECORD SOURCE CATEGORIES:
This system contains records on
students participating in the FAFSA
Completion Study. Data will be
obtained through student directory
information maintained by participating
school districts and data extracts from
the Office of Federal Student Aid.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. 2013–06073 Filed 3–14–13; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF ENERGY
Notice of Availability of the Draft
Uranium Leasing Program
Programmatic Environmental Impact
Statement
Department of Energy.
Notice of Availability.
AGENCY:
ACTION:
SUMMARY: The U.S. Department of
Energy (DOE) announces the availability
of the Draft Uranium Leasing Program
Programmatic Environmental Impact
Statement (Draft ULP PEIS, DOE/EIS–
0472D), for public comment. DOE is
E:\FR\FM\15MRN1.SGM
15MRN1
srobinson on DSK4SPTVN1PROD with NOTICES
16484
Federal Register / Vol. 78, No. 51 / Friday, March 15, 2013 / Notices
also announcing the dates, times, and
locations for public hearings to receive
comments on the Draft ULP PEIS. DOE
has prepared the Draft ULP PEIS
pursuant to the National Environmental
Policy Act of 1969 (NEPA), the Council
on Environmental Quality’s (CEQ’s)
NEPA regulations (40 CFR parts 1500–
1508), and DOE’s NEPA implementing
procedures (10 CFR part 1021) to
analyze the reasonably foreseeable
potential environmental impacts,
including the site-specific impacts, of
the range of reasonable alternatives for
the management of the ULP. DOE’s ULP
administers 31 tracts of land covering an
aggregate of approximately 25,000 acres
(10,000 ha) in Mesa, Montrose, and San
Miguel Counties in western Colorado for
exploration, mine development,
operations, and reclamation of uranium
mines. The cooperating agencies on this
ULP PEIS are the: U.S. Department of
the Interior (DOI), Bureau of Land
Management (BLM); U.S. Environmental
Protection Agency (EPA); Colorado
Department of Transportation; Colorado
Division of Reclamation, Mining, and
Safety; Colorado Parks and Wildlife ;
Mesa County Commission; Montrose
County Commission; San Juan County
Commission; San Miguel County Board
of Commissioners; Pueblo of Acoma
Tribe; Pueblo de Cochiti Tribe; Pueblo
de Isleta Tribe; Navajo Nation; and
Southern Ute Indian Tribe.
DATES: DOE invites Federal agencies,
state and local governments, Native
American tribes, industry, other
interested organizations, and members
of the public to comment on the Draft
ULP PEIS during the 60-day public
comment period, which ends on May
16, 2013. Comments received after this
date will be considered to the extent
practicable. DOE will hold public
hearings on the Draft ULP PEIS; the
dates, times and locations are listed
under SUPPLEMENTARY INFORMATION.
ADDRESSES: Please direct written
comments on the Draft ULP PEIS to Mr.
Raymond Plieness, ULP PEIS Document
Manager, Office of Legacy Management,
U.S. Department of Energy, 11025 Dover
Street, Suite 1000, Westminster, CO
80021. Comments may also be
submitted via email to ulpeis@anl.gov
or via the internet at https://ulpeis.anl.
gov/. DOE will give equal weight to
written, email, and oral comments.
Questions regarding the ULP PEIS
process, requests to be placed on the
ULP PEIS mailing list, and requests for
copies of the document should be
directed to Mr. Plieness by the means
given above.
FOR FURTHER INFORMATION CONTACT: For
general information about the NEPA
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17:37 Mar 14, 2013
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process, please contact: Ms. Carol M.
Borgstrom, Director, Office of NEPA
Policy and Compliance, GC–54, U.S.
Department of Energy, 1000
Independence Avenue SW.,
Washington, DC 20585, Telephone:
(202) 586–4600, leave a message at 1–
800–472–2756, or send an email to Ask
NEPA@hq.doe.gov.
SUPPLEMENTARY INFORMATION: Congress
authorized DOE’s predecessor agency,
the U.S. Atomic Energy Commission
(AEC), to develop a supply of domestic
uranium. In 1948, the BLM issued
Public Land Order (PLO) 459, which
stated, ‘‘Subject to valid existing rights
and existing withdrawals, the public
lands and the minerals reserved to the
United States in the patented lands in
the following areas in Colorado are
hereby withdrawn from all forms of
appropriation under the public-land
laws, including the mining laws but not
the mineral-leasing laws, and reserved
for the use of the United States Atomic
Energy Commission.’’ Subsequently,
other PLOs increased or decreased the
total acreage of the withdrawn lands. In
addition, the Federal Government,
through the Union Mines Development
Corporation, acquired a substantial
number of patented and unpatented
mining claims, mill and tunnel site
claims, and agricultural patents, until
the aggregated acreage managed by AEC
totaled approximately 25,000 acres
(10,000 ha). The areas under
consideration are located in western
Colorado in Mesa, Montrose, and San
Miguel Counties.
In July 2007, DOE issued a
Programmatic Environmental
Assessment (PEA) for the ULP, in which
it examined three alternatives for the
management of the ULP for the next 10
years. In that same month, DOE issued
a Finding of No Significant Impact
(FONSI), in which DOE announced its
decision to proceed with the Expanded
Program Alternative, and also
determined that preparation of an
environmental impact statement was
not required. Under the Expanded
Program Alternative, DOE would extend
the 13 existing leases for a 10-year
period and would also expand the ULP
to include the competitive offering of up
to 25 additional lease tracts to the
domestic uranium industry.
In 2008, DOE implemented the
Expanded Program Alternative and
executed new lease agreements with the
existing lessees for their 13 respective
lease tracts, effective April 30, 2008. In
addition, DOE offered the remaining,
inactive lease tracts to industry for lease
through a competitive solicitation
process. That process culminated in the
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
execution of 18 new lease agreements
for the inactive lease tracts, effective
June 27, 2008. Since that time, two lease
tracts were combined into one and
another lease was relinquished back to
DOE. Accordingly, there are 29 lease
tracts that are actively held under lease
and 2 lease tracts that are currently
inactive.
On June 21, 2011, DOE published a
Notice of Intent (NOI) to prepare this
PEIS (see Volume 76, page 36097 of the
Federal Register [76 FR 36097]). In the
NOI, DOE stated that it had determined,
in light of the site-specific information
that DOE had gathered as a result of the
site-specific agency actions proposed
and approved pursuant to the July 2007
PEA, that it was appropriate for DOE to
prepare a PEIS in order to analyze the
reasonably foreseeable environmental
impacts, including the site-specific
impacts, of a range of alternatives for the
management of the ULP for the
remainder of the 10-year period that was
covered by the July 2007 PEA. After
DOE published the NOI, it notified the
ULP lessees that until the PEIS process
was completed, DOE would not approve
any new exploration and mining plans
and would not require any lessees to
pay royalties.
After DOE published its NOI, the U.S.
District Court for the District of
Colorado issued two Orders in a lawsuit
in which plaintiffs had alleged that
DOE’s July 2007 PEA and FONSI
violated NEPA and the Endangered
Species Act (ESA). Colorado
Environmental Coalition v. DOE, No.
08–cv–1624 (D. Colo.). In its first Order,
issued on Oct. 18, 2011, the Court,
among other things, invalidated the July
2007 PEA and FONSI; stayed the ULP
leases; and ordered that after DOE
conducts an environmental analysis that
complies with NEPA, ESA, all other
governing statutes and regulations, and
that Order, DOE could then move the
Court to dissolve its injunction
enjoining DOE from approving any
activities on ULP lands. In the Court’s
second Order, issued on Feb. 27, 2012,
the Court granted in part DOE’s motion
for reconsideration of the first Order,
and amended its injunction to allow
DOE, other Federal, state, or local
governmental agencies, and/or the ULP
lessees to conduct certain activities that
are absolutely necessary on ULP lands.
DOE has prepared the Draft ULP PEIS
to analyze alternatives that address the
range of reasonable alternatives for the
management of the ULP. Site-specific
information available on the 31 lease
tracts (including current lessee
information and status, size of each
lease tract, previous mining operations,
location of existing permitted mines and
E:\FR\FM\15MRN1.SGM
15MRN1
Federal Register / Vol. 78, No. 51 / Friday, March 15, 2013 / Notices
associated structures, and other
environmental information) has been
utilized as the basis for the evaluation
contained in the Draft ULP PEIS.
For the Draft ULP PEIS, DOE is
complying with Executive Order (E.O.)
13175 and with Section 7 of the
Endangered Species Act by engaging in
consultation on a government-togovernment basis with Native American
tribes and with the U. S. Fish and
Wildlife Service, respectively.
Alternatives
Five alternatives are analyzed in the
Draft ULP PEIS as follows: (1)
Alternative 1: DOE would terminate all
leases, and all operations would be
reclaimed by lessees. DOE would
continue to manage the withdrawn
lands, without leasing, in accordance
with applicable requirements; (2)
Alternative 2: Same as Alternative 1,
except once reclamation was completed
by lessees, DOE would relinquish the
lands in accordance with 43 CFR part
2370. If DOI/BLM determines, in
accordance with that same part of the
CFR, the lands were suitable to be
managed as public domain lands, they
would be managed by BLM under its
multiple use policies. DOE’s uranium
leasing program would end; (3)
Alternative 3: DOE would continue the
ULP as it existed before July 2007 with
the 13 then-active leases, for the next
10-year period or for another reasonable
period, and DOE would terminate the
remaining leases; (4) Alternative 4: DOE
would continue the ULP with the 31
lease tracts for the next 10-year period
or for another reasonable period; and (5)
Alternative 5: This is the No Action
Alternative, under which DOE would
continue the ULP with the 31 lease
tracts for the remainder of the 10-year
period, as the leases were when they
were issued in 2008.
DOE’s preferred alternative is
Alternative 4. That is, DOE would
continue the ULP with the 31 lease
tracts for the next 10-year period or for
another reasonable period.
srobinson on DSK4SPTVN1PROD with NOTICES
Public Hearings and Invitation to
Comment
DOE will hold four public hearings on
the Draft ULP PEIS at the following
locations, dates, and locations:
• Grand Junction, Colorado, April 22,
2013 from 6:30 to 9 p.m. at the Colorado
Mesa University, University Center
Ballroom, 1455 N. 12th St., Grand
Junction, Co.
• Montrose, Colorado, April 23, 2013
from 6:30 to 9 p.m. at the Johnson
Elementary School, 13820 67.00 Road,
Montrose, CO.
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17:37 Mar 14, 2013
Jkt 229001
• Telluride, Colorado, April 24, 2013
from 6:30 to 9 p.m. at the Telluride
Middle/High School, 725 W Colorado
Avenue, Telluride, Co.
• Naturita, Colorado, April 25, 2013
from 6:30 to 9 p.m. at the Naturita
School, 141 W Main St., Naturita, Co.
The public hearings will begin with
an open-house format with subject
matter experts from DOE available to
answer questions on the ULP and Draft
ULP PEIS. The public hearing portion of
the meeting will run from 7 p.m.
through 9 p.m. Individuals who would
like to present comments orally at these
hearings should register upon arrival at
the hearing or register via the internet at
https://ulpeis.anl.gov/ before the public
hearing dates. Members of the general
public are invited to attend the hearings
at their convenience any time during
hearing hours and submit their
comments in writing, or in person to a
court reporter. Written comments on the
Draft ULP PEIS may also be submitted
to the address shown above under
ADDRESSES or on the Internet at https://
ulpeis.anl.gov/.
The Draft ULP PEIS is also available
for review on the ULP PEIS Web site at
https://ulpeis.anl.gov/ or the DOE NEPA
Web site at https://www.energy.gov/nepa
and at the following reading rooms:
• Nucla Public Library, 544 Z Rd.,
Nucla, CO 81424–0129, (970) 864–2166.
• Montrose Regional Library, 320 S.
2nd St., Montrose, CO 81401, (970) 249–
9656.
• Naturita Public Library, 411 West
Second Ave., Naturita, CO 81422, (970)
865–2848.
• Blanding Branch Library, 25 West
300 South, Blanding, UT 84511, (435)
978–2335.
• Mesa County Public Library, 655 N.
1st St., Grand Junction, CO 81501, (970)
683–2449.
• Norwood Public Library, 1110
Lucerne St., Norwood, CO 81423, (970)
327–4833.
• Dolores County Public Library, 525
N Main St., Dove Creek, CO 81324, (970)
677–2356.
• Wilkinson Public Library, 100 W
Pacific Ave., Telluride, CO 81435, (970)
728–4519.
• Grand County Public Library, 257
East Center St., Moab, UT 84532, (435)
259–1111.
• San Juan County Library, 80 North
Main St., Monticello, UT 84535–0066,
(435) 587–2281.
Following the end of the public
comment period on the Draft ULP PEIS
described above, DOE will consider and
respond to comments received during
the comment period in the Final
Uranium Leasing Program
Programmatic Environmental Impact
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
16485
Statement. Comments received after the
end of the comment period will be
considered to the extent practicable.
DOE decision-makers will consider the
environmental impact analyses
presented in the Final document,
including public comments and other
information, in making decisions related
to the Final ULP PEIS.
Issued in Washington, DC, on March 5,
2013.
David W. Geiser,
Director, Office of Legacy Management.
[FR Doc. 2013–05777 Filed 3–14–13; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. IC13–7–000]
Commission Information Collection
Activities (FERC–607); Comment
Request
Federal Energy Regulatory
Commission, DOE.
ACTION: Comment request.
AGENCY:
SUMMARY: In compliance with the
requirements of the Paperwork
Reduction Act of 1995, 44 U.S.C.
3507(a)(1)(D), the Federal Energy
Regulatory Commission (Commission or
FERC) is submitting the information
collection, FERC–607 (Report on
Decision or Action on Request for
Federal Authorization.), to the Office of
Management and Budget (OMB) for
review of the information collection
requirements. Any interested person
may file comments directly with OMB
and should address a copy of those
comments to the Commission as
explained below. The Commission
issued a Notice in the Federal Register
(77 FR 76015, December 26, 2012)
requesting public comments. FERC
received no comments on the FERC–607
and is making this notation in its
submittal to OMB.
DATES: Comments on the collection of
information are due by April 15, 2013.
ADDRESSES: Comments filed with OMB,
identified by the OMB Control No.
1902–0240, should be sent via email to
the Office of Information and Regulatory
Affairs: oira_submission@omb.gov.
Attention: Federal Energy Regulatory
Commission Desk Officer. The Desk
Officer may also be reached via
telephone at 202–395–4718.
A copy of the comments should also
be sent to the Federal Energy Regulatory
Commission, identified by the Docket
E:\FR\FM\15MRN1.SGM
15MRN1
Agencies
[Federal Register Volume 78, Number 51 (Friday, March 15, 2013)]
[Notices]
[Pages 16483-16485]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05777]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Notice of Availability of the Draft Uranium Leasing Program
Programmatic Environmental Impact Statement
AGENCY: Department of Energy.
ACTION: Notice of Availability.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) announces the availability
of the Draft Uranium Leasing Program Programmatic Environmental Impact
Statement (Draft ULP PEIS, DOE/EIS-0472D), for public comment. DOE is
[[Page 16484]]
also announcing the dates, times, and locations for public hearings to
receive comments on the Draft ULP PEIS. DOE has prepared the Draft ULP
PEIS pursuant to the National Environmental Policy Act of 1969 (NEPA),
the Council on Environmental Quality's (CEQ's) NEPA regulations (40 CFR
parts 1500-1508), and DOE's NEPA implementing procedures (10 CFR part
1021) to analyze the reasonably foreseeable potential environmental
impacts, including the site-specific impacts, of the range of
reasonable alternatives for the management of the ULP. DOE's ULP
administers 31 tracts of land covering an aggregate of approximately
25,000 acres (10,000 ha) in Mesa, Montrose, and San Miguel Counties in
western Colorado for exploration, mine development, operations, and
reclamation of uranium mines. The cooperating agencies on this ULP PEIS
are the: U.S. Department of the Interior (DOI), Bureau of Land
Management (BLM); U.S. Environmental Protection Agency (EPA); Colorado
Department of Transportation; Colorado Division of Reclamation, Mining,
and Safety; Colorado Parks and Wildlife ; Mesa County Commission;
Montrose County Commission; San Juan County Commission; San Miguel
County Board of Commissioners; Pueblo of Acoma Tribe; Pueblo de Cochiti
Tribe; Pueblo de Isleta Tribe; Navajo Nation; and Southern Ute Indian
Tribe.
DATES: DOE invites Federal agencies, state and local governments,
Native American tribes, industry, other interested organizations, and
members of the public to comment on the Draft ULP PEIS during the 60-
day public comment period, which ends on May 16, 2013. Comments
received after this date will be considered to the extent practicable.
DOE will hold public hearings on the Draft ULP PEIS; the dates, times
and locations are listed under SUPPLEMENTARY INFORMATION.
ADDRESSES: Please direct written comments on the Draft ULP PEIS to Mr.
Raymond Plieness, ULP PEIS Document Manager, Office of Legacy
Management, U.S. Department of Energy, 11025 Dover Street, Suite 1000,
Westminster, CO 80021. Comments may also be submitted via email to
ulpeis@anl.gov or via the internet at https://ulpeis.anl.gov/ gov/. DOE will
give equal weight to written, email, and oral comments. Questions
regarding the ULP PEIS process, requests to be placed on the ULP PEIS
mailing list, and requests for copies of the document should be
directed to Mr. Plieness by the means given above.
FOR FURTHER INFORMATION CONTACT: For general information about the NEPA
process, please contact: Ms. Carol M. Borgstrom, Director, Office of
NEPA Policy and Compliance, GC-54, U.S. Department of Energy, 1000
Independence Avenue SW., Washington, DC 20585, Telephone: (202) 586-
4600, leave a message at 1-800-472-2756, or send an email to Ask
NEPA@hq.doe.gov.
SUPPLEMENTARY INFORMATION: Congress authorized DOE's predecessor
agency, the U.S. Atomic Energy Commission (AEC), to develop a supply of
domestic uranium. In 1948, the BLM issued Public Land Order (PLO) 459,
which stated, ``Subject to valid existing rights and existing
withdrawals, the public lands and the minerals reserved to the United
States in the patented lands in the following areas in Colorado are
hereby withdrawn from all forms of appropriation under the public-land
laws, including the mining laws but not the mineral-leasing laws, and
reserved for the use of the United States Atomic Energy Commission.''
Subsequently, other PLOs increased or decreased the total acreage of
the withdrawn lands. In addition, the Federal Government, through the
Union Mines Development Corporation, acquired a substantial number of
patented and unpatented mining claims, mill and tunnel site claims, and
agricultural patents, until the aggregated acreage managed by AEC
totaled approximately 25,000 acres (10,000 ha). The areas under
consideration are located in western Colorado in Mesa, Montrose, and
San Miguel Counties.
In July 2007, DOE issued a Programmatic Environmental Assessment
(PEA) for the ULP, in which it examined three alternatives for the
management of the ULP for the next 10 years. In that same month, DOE
issued a Finding of No Significant Impact (FONSI), in which DOE
announced its decision to proceed with the Expanded Program
Alternative, and also determined that preparation of an environmental
impact statement was not required. Under the Expanded Program
Alternative, DOE would extend the 13 existing leases for a 10-year
period and would also expand the ULP to include the competitive
offering of up to 25 additional lease tracts to the domestic uranium
industry.
In 2008, DOE implemented the Expanded Program Alternative and
executed new lease agreements with the existing lessees for their 13
respective lease tracts, effective April 30, 2008. In addition, DOE
offered the remaining, inactive lease tracts to industry for lease
through a competitive solicitation process. That process culminated in
the execution of 18 new lease agreements for the inactive lease tracts,
effective June 27, 2008. Since that time, two lease tracts were
combined into one and another lease was relinquished back to DOE.
Accordingly, there are 29 lease tracts that are actively held under
lease and 2 lease tracts that are currently inactive.
On June 21, 2011, DOE published a Notice of Intent (NOI) to prepare
this PEIS (see Volume 76, page 36097 of the Federal Register [76 FR
36097]). In the NOI, DOE stated that it had determined, in light of the
site-specific information that DOE had gathered as a result of the
site-specific agency actions proposed and approved pursuant to the July
2007 PEA, that it was appropriate for DOE to prepare a PEIS in order to
analyze the reasonably foreseeable environmental impacts, including the
site-specific impacts, of a range of alternatives for the management of
the ULP for the remainder of the 10-year period that was covered by the
July 2007 PEA. After DOE published the NOI, it notified the ULP lessees
that until the PEIS process was completed, DOE would not approve any
new exploration and mining plans and would not require any lessees to
pay royalties.
After DOE published its NOI, the U.S. District Court for the
District of Colorado issued two Orders in a lawsuit in which plaintiffs
had alleged that DOE's July 2007 PEA and FONSI violated NEPA and the
Endangered Species Act (ESA). Colorado Environmental Coalition v. DOE,
No. 08-cv-1624 (D. Colo.). In its first Order, issued on Oct. 18, 2011,
the Court, among other things, invalidated the July 2007 PEA and FONSI;
stayed the ULP leases; and ordered that after DOE conducts an
environmental analysis that complies with NEPA, ESA, all other
governing statutes and regulations, and that Order, DOE could then move
the Court to dissolve its injunction enjoining DOE from approving any
activities on ULP lands. In the Court's second Order, issued on Feb.
27, 2012, the Court granted in part DOE's motion for reconsideration of
the first Order, and amended its injunction to allow DOE, other
Federal, state, or local governmental agencies, and/or the ULP lessees
to conduct certain activities that are absolutely necessary on ULP
lands.
DOE has prepared the Draft ULP PEIS to analyze alternatives that
address the range of reasonable alternatives for the management of the
ULP. Site-specific information available on the 31 lease tracts
(including current lessee information and status, size of each lease
tract, previous mining operations, location of existing permitted mines
and
[[Page 16485]]
associated structures, and other environmental information) has been
utilized as the basis for the evaluation contained in the Draft ULP
PEIS.
For the Draft ULP PEIS, DOE is complying with Executive Order
(E.O.) 13175 and with Section 7 of the Endangered Species Act by
engaging in consultation on a government-to-government basis with
Native American tribes and with the U. S. Fish and Wildlife Service,
respectively.
Alternatives
Five alternatives are analyzed in the Draft ULP PEIS as follows:
(1) Alternative 1: DOE would terminate all leases, and all operations
would be reclaimed by lessees. DOE would continue to manage the
withdrawn lands, without leasing, in accordance with applicable
requirements; (2) Alternative 2: Same as Alternative 1, except once
reclamation was completed by lessees, DOE would relinquish the lands in
accordance with 43 CFR part 2370. If DOI/BLM determines, in accordance
with that same part of the CFR, the lands were suitable to be managed
as public domain lands, they would be managed by BLM under its multiple
use policies. DOE's uranium leasing program would end; (3) Alternative
3: DOE would continue the ULP as it existed before July 2007 with the
13 then-active leases, for the next 10-year period or for another
reasonable period, and DOE would terminate the remaining leases; (4)
Alternative 4: DOE would continue the ULP with the 31 lease tracts for
the next 10-year period or for another reasonable period; and (5)
Alternative 5: This is the No Action Alternative, under which DOE would
continue the ULP with the 31 lease tracts for the remainder of the 10-
year period, as the leases were when they were issued in 2008.
DOE's preferred alternative is Alternative 4. That is, DOE would
continue the ULP with the 31 lease tracts for the next 10-year period
or for another reasonable period.
Public Hearings and Invitation to Comment
DOE will hold four public hearings on the Draft ULP PEIS at the
following locations, dates, and locations:
Grand Junction, Colorado, April 22, 2013 from 6:30 to 9
p.m. at the Colorado Mesa University, University Center Ballroom, 1455
N. 12th St., Grand Junction, Co.
Montrose, Colorado, April 23, 2013 from 6:30 to 9 p.m. at
the Johnson Elementary School, 13820 67.00 Road, Montrose, CO.
Telluride, Colorado, April 24, 2013 from 6:30 to 9 p.m. at
the Telluride Middle/High School, 725 W Colorado Avenue, Telluride, Co.
Naturita, Colorado, April 25, 2013 from 6:30 to 9 p.m. at
the Naturita School, 141 W Main St., Naturita, Co.
The public hearings will begin with an open-house format with
subject matter experts from DOE available to answer questions on the
ULP and Draft ULP PEIS. The public hearing portion of the meeting will
run from 7 p.m. through 9 p.m. Individuals who would like to present
comments orally at these hearings should register upon arrival at the
hearing or register via the internet at https://ulpeis.anl.gov/ before
the public hearing dates. Members of the general public are invited to
attend the hearings at their convenience any time during hearing hours
and submit their comments in writing, or in person to a court reporter.
Written comments on the Draft ULP PEIS may also be submitted to the
address shown above under ADDRESSES or on the Internet at https://ulpeis.anl.gov/.
The Draft ULP PEIS is also available for review on the ULP PEIS Web
site at https://ulpeis.anl.gov/ or the DOE NEPA Web site at https://www.energy.gov/nepa and at the following reading rooms:
Nucla Public Library, 544 Z Rd., Nucla, CO 81424-0129,
(970) 864-2166.
Montrose Regional Library, 320 S. 2nd St., Montrose, CO
81401, (970) 249-9656.
Naturita Public Library, 411 West Second Ave., Naturita,
CO 81422, (970) 865-2848.
Blanding Branch Library, 25 West 300 South, Blanding, UT
84511, (435) 978-2335.
Mesa County Public Library, 655 N. 1st St., Grand
Junction, CO 81501, (970) 683-2449.
Norwood Public Library, 1110 Lucerne St., Norwood, CO
81423, (970) 327-4833.
Dolores County Public Library, 525 N Main St., Dove Creek,
CO 81324, (970) 677-2356.
Wilkinson Public Library, 100 W Pacific Ave., Telluride,
CO 81435, (970) 728-4519.
Grand County Public Library, 257 East Center St., Moab, UT
84532, (435) 259-1111.
San Juan County Library, 80 North Main St., Monticello, UT
84535-0066, (435) 587-2281.
Following the end of the public comment period on the Draft ULP
PEIS described above, DOE will consider and respond to comments
received during the comment period in the Final Uranium Leasing Program
Programmatic Environmental Impact Statement. Comments received after
the end of the comment period will be considered to the extent
practicable. DOE decision-makers will consider the environmental impact
analyses presented in the Final document, including public comments and
other information, in making decisions related to the Final ULP PEIS.
Issued in Washington, DC, on March 5, 2013.
David W. Geiser,
Director, Office of Legacy Management.
[FR Doc. 2013-05777 Filed 3-14-13; 8:45 am]
BILLING CODE 6450-01-P