Ouachita National Forest, Scott and Sebastian Counties, Arkansas; Heavener Coal Leasing Project; Environmental Impact Statement, 88866-88869 [2023-28300]
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88866
Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Notices
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Dated: December 18, 2023.
Cikena Reid,
USDA Committee Management Officer.
[FR Doc. 2023–28407 Filed 12–22–23; 8:45 am]
BILLING CODE 3410–10–P
DEPARTMENT OF AGRICULTURE
Forest Service
Ouachita National Forest, Scott and
Sebastian Counties, Arkansas;
Heavener Coal Leasing Project;
Environmental Impact Statement
Forest Service, Agriculture
(USDA).
ACTION: Notice of intent to prepare an
environmental impact statement.
AGENCY:
The USDA Forest Service (FS)
is preparing an environmental impact
statement (EIS) as the lead Federal
agency with support from Federal
cooperating agencies, the U.S.
Department of Interior (DOI) Bureau of
Land Management (BLM) and Office of
Surface Mining Reclamation and
Enforcement (OSMRE). The purpose of
the analysis is to respond to a Federal
coal Lease by Application (LBA)
submitted to the BLM from the Emera
SUMMARY:
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Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Notices
Corporation on behalf of Ouro Mining
Inc. The application seeks approval to
access and recover Federal metallurgical
coal resources from approximately 3,077
acres that underly lands on the Ouachita
National Forest (ONF). No surface
mining is proposed on National Forest
System (NFS) lands. The FS and BLM
have consent and leasing
determinations to be made based in
association with this EIS. The OSMRE
does not have a decision to be made at
this time but may tier to this analysis in
the future.
DATES: Comments concerning the scope
of the analysis for the EIS must be
received by January 25, 2024. The draft
environmental impact statement (DEIS)
is expected in July 2024. The final EIS
is expected to be available for review in
June 2025.
ADDRESSES: Documents pertinent to this
proposal are available for review on the
project website at: https://
www.fs.usda.gov/project/
?project=64897.
Send electronic comments to: https://
cara.fs2c.usda.gov/Public//
CommentInput?Project=64897.
Send written comments to: Forest
Supervisor, Heavener Project, P.O. Box
1270, Hot Springs, AR 71902.
FOR FURTHER INFORMATION CONTACT:
Contact FS Project Manager Michelle
Davalos via email at
SM.FS.HeavCoalProj@usda.gov or by
phone at 276–220–1670. For the BLM,
contact Robert Swithers, District
Manager via email at
SM.FS.HeavCoalProj@usda.gov or by
phone at 601–919–4650. Individuals
who use telecommunication devices for
the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at
800–877–8339, 24 hours a day, every
day of the year, including holidays.
SUPPLEMENTARY INFORMATION: On
December 21, 2012, a Federal coal LBA
was submitted to the BLM Eastern
States Office by Emera Corporation on
behalf of Ouro Mining, Inc. On March
7, 2014, the BLM accepted the lease
application. The application requests
access to extract Federal metallurgical
coal resources under lands managed by
the ONF on the Poteau-Cold Springs
Ranger District in Arkansas. The
proposed lease area is in T3N, R32W,
Sections 8–11, 14, 15, 17–19 and T3N,
R33W, Section 13 in Scott and Sebastian
Counties, Arkansas. The proposed
Federal lease area is located adjacent
and directly to the north of current coal
leases held by Ouro Mining on private
lands near Bates, Arkansas. The Emera
Corporation’s application involves a
mix of reserved public domain lands
and acquired lands on the ONF.
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BLM is responsible for considering
whether a coal lease would be offered
through the competitive bid process and
what stipulations would be required for
surface resource protection. Because the
lease would involve minerals
underlying the ONF, the FS
administrative unit with jurisdiction for
managing surface resources, the BLM
must have FS consent prior to deciding
whether to offer the lease for sale.
Purpose and Need for Action
The purpose of the project is to
respond to the Federal coal LBA
submitted to the BLM Eastern States
Office by Emera Corporation on behalf
of Ouro Mining Inc. to extract
metallurgical coal from 3,077 acres
beneath the ONF. Under the Mineral
Leasing Act of 1920 (MLA), as amended,
30 U.S.C. 181 et seq., and the Mineral
Leasing Act for Acquired Lands of 1947
(MLAAL), as amended, 30 U.S.C. 351 et
seq. The BLM is responsible for leasing
Federal coal and regulation of the
development of that coal on
approximately 570 million acres of the
700 million acres of mineral estate that
is owned by the Federal Government.
This responsibility encompasses Federal
mineral rights on Federal lands and
Federal mineral rights located under
surface lands with non-Federal
ownership. Under the authority of the
MLA and MLAAL, the BLM administers
leasing and monitors coal production.
Under the MLA, the BLM has
responsibility for reviewing the Emera
Corporation application and
determining if it will approve the
application and offer the lease for sale
through a competitive bid process. The
BLM takes into consideration whether
leasing the applied for lands would be
in the public interest (30 U.S.C. 181–
287, 351–359; 43 CFR 3425.1 and
3472.1). The BLM regulations state the
BLM must reject an application if
‘‘leasing of the land covered by the
application, environmental or other
sufficient reasons, would be contrary to
the public interest’’ (43 CFR 3425.1–
8(a)(3)). Many, often competing,
interests must be considered in arriving
at a public interest determination,
including, but not limited to, the
applicant’s request; the environmental
impacts; the economic benefit to the
local, state, and national economy;
rights of qualified surface owners;
ensuring a fair return for the use of the
public resources; and conservation of
the public resource (BLM Manual 3435).
Further, because the lease would
involve minerals underlying the ONF,
the BLM must have FS consent prior to
deciding whether to offer the lease for
sale (43 CFR 3461.5). The ONF is an
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administrative unit of the FS and as
such FS has the jurisdiction for
managing surface resources. FS will
determine whether to provide consent
to the BLM under the applicable
statutory standards.
The 2005 Ouachita National Forest
Revised Land and Resource
Management Plan (ONF Revised Forest
Plan) does not address metallurgical
coal leasing. For this reason, the FS will
determine whether the proposed lease
area on NFS lands is suitable for coal
leasing. A forest plan amendment that
provides additional direction for
managing coal may be needed. If
needed, the scope of the plan
amendment would be limited to the
3,077 acres proposed for Federal
metallurgical coal leasing. However, it
would be programmatic in nature and
plan direction would apply to future
projects (36 CFR 219.13(b)). As part of
its consent analysis, the Forest Service
will consider, but not limit it to, the
unsuitability criteria that the BLM
applies on its own lands as outlined in
43 CFR 3461.5.
In association with the Federal coal
lease application, the Forest Service will
respond to a special use permit
application received from Arkansas
Valley Electric Cooperative to construct
and operate approximately 3.0 miles
(out of 9 total miles) of 161kV
transmission powerline and 2.0 miles of
associated new powerline access roads
across NFS lands on the ONF for the
purpose of providing electricity to the
coal operation. The approximately 6.0
miles of powerline not on NFS lands
would be addressed in the EIS
cumulative effects analysis.
Proposed Action
The FS will assess whether the
proposed lease area on NFS lands is
suitable for coal leasing and if so,
whether to consent to leasing 3,077
acres of Federal coal underlying the
Ouachita National Forest as described in
the Emera Corporation application. As
part of assessing consent, the FS will
develop lease stipulations that protect
surface resources. The stipulations will
be included with any FS consent
decision to lease. The BLM would
include these stipulations in the coal
lease.
Additionally, connected actions
associated with the lease include the:
• Construction, operation, and
maintenance of a 161kV powerline on
3.0 miles of NFS lands and the
construction of approximately 2.0 miles
of powerline access roads.
• Issuance of a special use permit that
authorizes a 100-foot right of way
(ROW) for the 161kV powerline.
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Issuance of the permit would be
contingent on the metallurgical coal
lease being sold, and the mining plan
approved and permitted.
• If needed, a forest plan amendment
that may add management direction for
the leasing of metallurgical coal on
3,077 acres.
Expected Impacts
Disclosure of potential adverse
impacts to NFS lands includes
subsidence, which means the land
surface is lowered as a result of mining
activities. Resources potentially affected
include, but are not limited to,
vegetation, soil, and water. The EIS will
address the potential for impacts from
increased carbon emissions. Whether
greenhouse gas emissions could
approach significance over the life of
the project is unknown at this time.
Construction and maintenance of the
electrical powerline and its associated
roads would be designed to comply
with the ONF Revised Forest Plan;
significant impacts to vegetation, water,
and soil resources are not expected.
Lead and Cooperating Agencies
The FS is the lead agency for the
preparation and development of the EIS.
The BLM and OSMRE are cooperating
agencies. The FS will coordinate with
BLM and OSMRE as cooperating
agencies during preparation of the EIS,
during the public review process, and
throughout the decision-making
process. The FS and BLM will be
making separate decisions. The OSMRE
does not have a decision to be made at
time but may tier to this analysis for
future decisions.
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Responsible Officials
The official responsible for the Forest
Service consent determination is the
Ouachita Forest Supervisor. This
authority was delegated by the Southern
Region Regional Forester on October 16,
2023. The official responsible for the
BLM leasing decision is the BLM
Eastern States State Director.
Scoping Comments and the Objection
Process
This notice of intent initiates the
scoping process, which guides the
development of the EIS. In this process
the FS and BLM are requesting
comments on the plan amendment,
potential alternatives and impacts, and
identification of any relevant
information, studies or analyses of any
kind concerning impacts affecting the
quality of the human environment.
Additional opportunities for public
comment will be provided when the
draft EIS is available. Whether virtual or
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in-person meetings will be hosted
during the scoping period is to be
determined. It is important that
reviewers provide their comments at
such times and in such manner that
they are useful to the agency’s
preparation of the final EIS; therefore,
comments should be provided prior to
the close of the comment period and
should clearly articulate the reviewer’s
concerns and contentions. Commenting
during the opportunity to comment
provided by the FS Responsible Official
as prescribed by the applicable
regulations will also govern eligibility to
object once the final EIS and Draft
Record of Decision has been published.
Comments received in response to this
solicitation, including names and
addresses of those who comment, will
be part of the public record for this
proposed action. Comments submitted
anonymously will be accepted and
considered; however, they will not be
used to establish eligibility for the
objection process.
The site-specific FS decisions
(consent and the powerline) will be
subject to the FS’s predecisional
administrative review procedures
established in 36 CFR part 218. Those
wishing to object to the site-specific
decisions must meet the requirements at
36 CFR part 218, subparts A and B, for
the project.
If a forest plan amendment is needed,
that decision will be subject to the planlevel administrative review procedures
established in 36 CFR part 219. Those
wishing to object to the forest plan
amendment must meet the requirements
at 36 CFR part 219, subpart B (per 36
CFR 219.54). (See 36 CFR 219.59(b).) It
is possible that the 36 CFR parts 218
and 219 objection process would run
concurrently.
Permits, Licenses or Other
Authorizations Required
Should the BLM decide to sell the
Federal metallurgical coal lease through
the competitive bid process, OSMRE
will be the permitting authority for the
3,077 acres of Federal land for coal
leasing. OSMRE would approve and
enforce the operator’s subsidence
control plan and ensure that miningrelated impacts on the hydrological
balance or acid mine discharge would
be minimized. The Federal lease holder
would be required to provide OSMRE
with a final mine plan that provides
details on how the underground mine
and any surface infrastructure would be
constructed, operated, and maintained.
OSMRE would prepare a mine plan
decision document and make a
recommendation to the DOI Assistant
Secretary of the Interior for Land and
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Minerals Management (ASLM) whether
to approve, approve with conditions, or
disapprove the mine plan. OSMRE
would request FS consent on the terms
and conditions of the mine plan
approval prior to submitting its
recommendation to ASLM.
An additional finding is required by
the Secretary of the Interior on whether
Federal lands within the national forest
have significant recreational, timber,
economic, or other values that may be
incompatible with coal mining
operations. That finding, as required by
section 522(e)(2) of the Surface Mining
Control and Reclamation Act (30 CFR
761.11(b)), would rely on a
recommendation of compatibility and
determination of compliance (1990
OSMRE and FS memorandum of
understanding (MOU)) from the FS, and
a subsequent compatibility
determination from OSMRE. Operation
and reclamation of the metallurgical
coal mine would be under the
permitting jurisdiction of OSMRE.
Nature of Decision To Be Made
Among other considerations, the
responsible officials will review the
proposed action, other alternatives,
environmental consequences, in order
to make the following decisions:
For the BLM the decisions to be made
are whether:
(1) The proposed metallurgical coal
lease area is acceptable for coal leasing
(43 CFR part 3461).
(2) Areas unsuitable for surface
mining of coal have been identified as
required by 43 CFR 3461.5.
(3) There are special conditions
designed to protect resources that would
be required for a future coal lease.
(4) The amount of coal recoverable
has been identified and is acceptable for
a future consideration of leasing.
(5) The screening process has been
completed in accordance with 43 CFR
3420.1–4(e). If the BLM determines the
proposed lease area is suitable and can
made available for a Federal coal lease,
the lease would be offered for sale
through the competitive bid process.
The BLM decision for a lease to utilize
Federal lands would be documented in
a record of decision (ROD) issued by the
BLM.
For the FS the decisions to be made
are whether:
(1) The lands underlying the ONF are
suitable for coal leasing;
(2) To provide consent, with
appropriate lease stipulations to protect
surface resources, to the BLM
concerning a Federal coal Lease by
Application (LBA) submitted to the
BLM from the Emera Corporation on
behalf of Ouro Mining Inc.;
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(3) To approve the powerline and
associated access roads and issue a
special use permit with terms and
conditions; and
(4) If needed, to approve a forest plan
amendment that may provide
management direction for coal leasing
on 3,077 acres within the ONF.
The FS decision on suitability,
consent with surface leasing
stipulations, the powerline and access
roads special use permit, and a forest
plan amendment (if needed) would be
documented in a Record of Decision
issued by the FS. Consent to the BLM
would be issued through
correspondence.
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Substantive Provisions
The FS’s Land Management Planning
Rule at 36 CFR 219.13(b)(2) requires the
responsible official to provide notice of
which substantive requirements of 36
CFR 219.8 through 219.11 are likely to
be directly related to the amendment.
Whether a rule provision is directly
related to an amendment is determined
by the purpose for the amendment and
the effects (beneficial or adverse) of the
amendment, and is informed by the best
available scientific information,
scoping, effects analysis, monitoring
data or other rationale (36 CFR
219.13(b)(5)). Based on those criteria,
the Planning Rule provision likely to be
directly related to the forest plan
amendment (if needed) is: § 219.10(a)(2)
(multiple use).
Additional Information
The EIS will identify, analyze, and
consider mitigation to address the
reasonably foreseeable impacts to
surface resources from the LBA, the
electrical powerline, and the associated
access roads. In accordance with 40 CFR
1502.14(e), the agencies will evaluate
appropriate mitigation measures not
already included in the LBA. Mitigation
may include avoidance, minimization,
rectification, reduction or elimination
over time, and compensation; and may
be considered at multiple scales,
including the landscape scale. The
agencies will utilize and coordinate the
National Environmental Policy Act
(NEPA) and land use planning processes
to help support compliance with
applicable procedural requirements
under the Endangered Species Act (16
U.S.C. 1536) and section 106 of the
National Historic Preservation Act (54
U.S.C. 306108) as provided in 36 CFR
800.2(d)(3), including public
involvement requirements of section
106. The information about historic and
cultural resources and threatened and
endangered species within the area
potentially affected by the LBA and
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proposed plan amendment will assist
the agencies in identifying and
evaluating impacts to such resources.
Indian Tribal Nations will be
consulted on a government-togovernment basis in accordance with
Executive Order 13175, BLM MS 1780,
and other Departmental policies. Tribal
concerns, including impacts on Indian
trust assets and potential impacts to
cultural resources, will be given due
consideration. Federal, state, and local
agencies, along with Indian Tribal
Nations and other stakeholders that may
be interested in or affected by the
proposed Federal coal LBA for the
Heavener project, the amendment to the
ONF Revised Forest Plan, and
powerline-associated actions. They are
invited to participate in the scoping
process and, if eligible, may request or
be requested by the agencies to
participate in the development of the
EIS as a cooperating agency.
Additional opportunities for
government-to-government consultation
will be provided during the NEPA
process.
88869
FOR FURTHER INFORMATION CONTACT:
Rebecca Trainor, AD/CVD Operations,
Office VIII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; phone:
(202) 482–4007.
SUPPLEMENTARY INFORMATION:
Background
International Trade Administration
Commerce is conducting an
administrative review of the
antidumping duty order on multilayered
wood flooring (MLWF) from the
People’s Republic of China (China).1
The review covers 48 companies,
including mandatory respondent,
Senmao.
For events that occurred since the
Initiation Notice and the analysis
behind our preliminary results herein,
see the Preliminary Decision
Memorandum.2 The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx. A list of
topics discussed in the Preliminary
Decision Memorandum is included as
Appendix I to this notice.
[A–570–970]
Scope of the Order 3
Multilayered Wood Flooring From the
People’s Republic of China:
Preliminary Results of the
Antidumping Duty Administrative
Review, Preliminary Determination of
No Shipments, and Rescission of
Review, in Part; 2021–2022
The product covered by the Order is
MLWF from China. For a complete
description of the scope of this
administrative review, see the
Preliminary Decision Memorandum.
Dated: December 19, 2023.
Gregory Smith,
Associate Deputy Chief, National Forest
System.
[FR Doc. 2023–28300 Filed 12–22–23; 8:45 am]
BILLING CODE 3411–15–P
DEPARTMENT OF COMMERCE
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that Jiangsu Senmao
Bamboo and Wood Industry Co., Ltd.
(Senmao) did not make sales of subject
merchandise at less than normal value
(NV), and that certain companies had no
shipments of subject merchandise
during the period of review (POR)
December 1, 2021, through November
30, 2022. In addition, we are rescinding
the review with respect to one company.
We invite interested parties to comment
on these preliminary results.
DATES: Applicable December 26, 2023.
AGENCY:
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Partial Rescission of Review
On May 1, 2023, Kahrs International
Inc. (Kahrs) timely withdrew its request
for review of the Fusong Jinlong Group
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
7060 (February 2, 2023) (Initiation Notice).
2 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Antidumping Duty
Administrative Review: Multilayered Wood
Flooring from the People’s Republic of China;
2021–2022,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
3 See Multilayered Wood Flooring from the
People’s Republic of China: Notice of Amended
Final Affirmative Determination of Sales at Less
than Fair Value and Antidumping Duty Order, 76
FR 76690 (December 8, 2011), as amended in
Multilayered Wood Flooring from the People’s
Republic of China, 77 FR 5484 (February 3, 2012)
(collectively, Order).
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Agencies
[Federal Register Volume 88, Number 246 (Tuesday, December 26, 2023)]
[Notices]
[Pages 88866-88869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28300]
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DEPARTMENT OF AGRICULTURE
Forest Service
Ouachita National Forest, Scott and Sebastian Counties, Arkansas;
Heavener Coal Leasing Project; Environmental Impact Statement
AGENCY: Forest Service, Agriculture (USDA).
ACTION: Notice of intent to prepare an environmental impact statement.
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SUMMARY: The USDA Forest Service (FS) is preparing an environmental
impact statement (EIS) as the lead Federal agency with support from
Federal cooperating agencies, the U.S. Department of Interior (DOI)
Bureau of Land Management (BLM) and Office of Surface Mining
Reclamation and Enforcement (OSMRE). The purpose of the analysis is to
respond to a Federal coal Lease by Application (LBA) submitted to the
BLM from the Emera
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Corporation on behalf of Ouro Mining Inc. The application seeks
approval to access and recover Federal metallurgical coal resources
from approximately 3,077 acres that underly lands on the Ouachita
National Forest (ONF). No surface mining is proposed on National Forest
System (NFS) lands. The FS and BLM have consent and leasing
determinations to be made based in association with this EIS. The OSMRE
does not have a decision to be made at this time but may tier to this
analysis in the future.
DATES: Comments concerning the scope of the analysis for the EIS must
be received by January 25, 2024. The draft environmental impact
statement (DEIS) is expected in July 2024. The final EIS is expected to
be available for review in June 2025.
ADDRESSES: Documents pertinent to this proposal are available for
review on the project website at: https://www.fs.usda.gov/project/?project=64897.
Send electronic comments to: https://cara.fs2c.usda.gov/Public//CommentInput?Project=64897.
Send written comments to: Forest Supervisor, Heavener Project, P.O.
Box 1270, Hot Springs, AR 71902.
FOR FURTHER INFORMATION CONTACT: Contact FS Project Manager Michelle
Davalos via email at [email protected] or by phone at 276-
220-1670. For the BLM, contact Robert Swithers, District Manager via
email at [email protected] or by phone at 601-919-4650.
Individuals who use telecommunication devices for the deaf (TDD) may
call the Federal Information Relay Service (FIRS) at 800-877-8339, 24
hours a day, every day of the year, including holidays.
SUPPLEMENTARY INFORMATION: On December 21, 2012, a Federal coal LBA was
submitted to the BLM Eastern States Office by Emera Corporation on
behalf of Ouro Mining, Inc. On March 7, 2014, the BLM accepted the
lease application. The application requests access to extract Federal
metallurgical coal resources under lands managed by the ONF on the
Poteau-Cold Springs Ranger District in Arkansas. The proposed lease
area is in T3N, R32W, Sections 8-11, 14, 15, 17-19 and T3N, R33W,
Section 13 in Scott and Sebastian Counties, Arkansas. The proposed
Federal lease area is located adjacent and directly to the north of
current coal leases held by Ouro Mining on private lands near Bates,
Arkansas. The Emera Corporation's application involves a mix of
reserved public domain lands and acquired lands on the ONF.
BLM is responsible for considering whether a coal lease would be
offered through the competitive bid process and what stipulations would
be required for surface resource protection. Because the lease would
involve minerals underlying the ONF, the FS administrative unit with
jurisdiction for managing surface resources, the BLM must have FS
consent prior to deciding whether to offer the lease for sale.
Purpose and Need for Action
The purpose of the project is to respond to the Federal coal LBA
submitted to the BLM Eastern States Office by Emera Corporation on
behalf of Ouro Mining Inc. to extract metallurgical coal from 3,077
acres beneath the ONF. Under the Mineral Leasing Act of 1920 (MLA), as
amended, 30 U.S.C. 181 et seq., and the Mineral Leasing Act for
Acquired Lands of 1947 (MLAAL), as amended, 30 U.S.C. 351 et seq. The
BLM is responsible for leasing Federal coal and regulation of the
development of that coal on approximately 570 million acres of the 700
million acres of mineral estate that is owned by the Federal
Government. This responsibility encompasses Federal mineral rights on
Federal lands and Federal mineral rights located under surface lands
with non-Federal ownership. Under the authority of the MLA and MLAAL,
the BLM administers leasing and monitors coal production.
Under the MLA, the BLM has responsibility for reviewing the Emera
Corporation application and determining if it will approve the
application and offer the lease for sale through a competitive bid
process. The BLM takes into consideration whether leasing the applied
for lands would be in the public interest (30 U.S.C. 181-287, 351-359;
43 CFR 3425.1 and 3472.1). The BLM regulations state the BLM must
reject an application if ``leasing of the land covered by the
application, environmental or other sufficient reasons, would be
contrary to the public interest'' (43 CFR 3425.1-8(a)(3)). Many, often
competing, interests must be considered in arriving at a public
interest determination, including, but not limited to, the applicant's
request; the environmental impacts; the economic benefit to the local,
state, and national economy; rights of qualified surface owners;
ensuring a fair return for the use of the public resources; and
conservation of the public resource (BLM Manual 3435). Further, because
the lease would involve minerals underlying the ONF, the BLM must have
FS consent prior to deciding whether to offer the lease for sale (43
CFR 3461.5). The ONF is an administrative unit of the FS and as such FS
has the jurisdiction for managing surface resources. FS will determine
whether to provide consent to the BLM under the applicable statutory
standards.
The 2005 Ouachita National Forest Revised Land and Resource
Management Plan (ONF Revised Forest Plan) does not address
metallurgical coal leasing. For this reason, the FS will determine
whether the proposed lease area on NFS lands is suitable for coal
leasing. A forest plan amendment that provides additional direction for
managing coal may be needed. If needed, the scope of the plan amendment
would be limited to the 3,077 acres proposed for Federal metallurgical
coal leasing. However, it would be programmatic in nature and plan
direction would apply to future projects (36 CFR 219.13(b)). As part of
its consent analysis, the Forest Service will consider, but not limit
it to, the unsuitability criteria that the BLM applies on its own lands
as outlined in 43 CFR 3461.5.
In association with the Federal coal lease application, the Forest
Service will respond to a special use permit application received from
Arkansas Valley Electric Cooperative to construct and operate
approximately 3.0 miles (out of 9 total miles) of 161kV transmission
powerline and 2.0 miles of associated new powerline access roads across
NFS lands on the ONF for the purpose of providing electricity to the
coal operation. The approximately 6.0 miles of powerline not on NFS
lands would be addressed in the EIS cumulative effects analysis.
Proposed Action
The FS will assess whether the proposed lease area on NFS lands is
suitable for coal leasing and if so, whether to consent to leasing
3,077 acres of Federal coal underlying the Ouachita National Forest as
described in the Emera Corporation application. As part of assessing
consent, the FS will develop lease stipulations that protect surface
resources. The stipulations will be included with any FS consent
decision to lease. The BLM would include these stipulations in the coal
lease.
Additionally, connected actions associated with the lease include
the:
Construction, operation, and maintenance of a 161kV
powerline on 3.0 miles of NFS lands and the construction of
approximately 2.0 miles of powerline access roads.
Issuance of a special use permit that authorizes a 100-
foot right of way (ROW) for the 161kV powerline.
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Issuance of the permit would be contingent on the metallurgical coal
lease being sold, and the mining plan approved and permitted.
If needed, a forest plan amendment that may add management
direction for the leasing of metallurgical coal on 3,077 acres.
Expected Impacts
Disclosure of potential adverse impacts to NFS lands includes
subsidence, which means the land surface is lowered as a result of
mining activities. Resources potentially affected include, but are not
limited to, vegetation, soil, and water. The EIS will address the
potential for impacts from increased carbon emissions. Whether
greenhouse gas emissions could approach significance over the life of
the project is unknown at this time. Construction and maintenance of
the electrical powerline and its associated roads would be designed to
comply with the ONF Revised Forest Plan; significant impacts to
vegetation, water, and soil resources are not expected.
Lead and Cooperating Agencies
The FS is the lead agency for the preparation and development of
the EIS. The BLM and OSMRE are cooperating agencies. The FS will
coordinate with BLM and OSMRE as cooperating agencies during
preparation of the EIS, during the public review process, and
throughout the decision-making process. The FS and BLM will be making
separate decisions. The OSMRE does not have a decision to be made at
time but may tier to this analysis for future decisions.
Responsible Officials
The official responsible for the Forest Service consent
determination is the Ouachita Forest Supervisor. This authority was
delegated by the Southern Region Regional Forester on October 16, 2023.
The official responsible for the BLM leasing decision is the BLM
Eastern States State Director.
Scoping Comments and the Objection Process
This notice of intent initiates the scoping process, which guides
the development of the EIS. In this process the FS and BLM are
requesting comments on the plan amendment, potential alternatives and
impacts, and identification of any relevant information, studies or
analyses of any kind concerning impacts affecting the quality of the
human environment. Additional opportunities for public comment will be
provided when the draft EIS is available. Whether virtual or in-person
meetings will be hosted during the scoping period is to be determined.
It is important that reviewers provide their comments at such times and
in such manner that they are useful to the agency's preparation of the
final EIS; therefore, comments should be provided prior to the close of
the comment period and should clearly articulate the reviewer's
concerns and contentions. Commenting during the opportunity to comment
provided by the FS Responsible Official as prescribed by the applicable
regulations will also govern eligibility to object once the final EIS
and Draft Record of Decision has been published. Comments received in
response to this solicitation, including names and addresses of those
who comment, will be part of the public record for this proposed
action. Comments submitted anonymously will be accepted and considered;
however, they will not be used to establish eligibility for the
objection process.
The site-specific FS decisions (consent and the powerline) will be
subject to the FS's predecisional administrative review procedures
established in 36 CFR part 218. Those wishing to object to the site-
specific decisions must meet the requirements at 36 CFR part 218,
subparts A and B, for the project.
If a forest plan amendment is needed, that decision will be subject
to the plan-level administrative review procedures established in 36
CFR part 219. Those wishing to object to the forest plan amendment must
meet the requirements at 36 CFR part 219, subpart B (per 36 CFR
219.54). (See 36 CFR 219.59(b).) It is possible that the 36 CFR parts
218 and 219 objection process would run concurrently.
Permits, Licenses or Other Authorizations Required
Should the BLM decide to sell the Federal metallurgical coal lease
through the competitive bid process, OSMRE will be the permitting
authority for the 3,077 acres of Federal land for coal leasing. OSMRE
would approve and enforce the operator's subsidence control plan and
ensure that mining-related impacts on the hydrological balance or acid
mine discharge would be minimized. The Federal lease holder would be
required to provide OSMRE with a final mine plan that provides details
on how the underground mine and any surface infrastructure would be
constructed, operated, and maintained.
OSMRE would prepare a mine plan decision document and make a
recommendation to the DOI Assistant Secretary of the Interior for Land
and Minerals Management (ASLM) whether to approve, approve with
conditions, or disapprove the mine plan. OSMRE would request FS consent
on the terms and conditions of the mine plan approval prior to
submitting its recommendation to ASLM.
An additional finding is required by the Secretary of the Interior
on whether Federal lands within the national forest have significant
recreational, timber, economic, or other values that may be
incompatible with coal mining operations. That finding, as required by
section 522(e)(2) of the Surface Mining Control and Reclamation Act (30
CFR 761.11(b)), would rely on a recommendation of compatibility and
determination of compliance (1990 OSMRE and FS memorandum of
understanding (MOU)) from the FS, and a subsequent compatibility
determination from OSMRE. Operation and reclamation of the
metallurgical coal mine would be under the permitting jurisdiction of
OSMRE.
Nature of Decision To Be Made
Among other considerations, the responsible officials will review
the proposed action, other alternatives, environmental consequences, in
order to make the following decisions:
For the BLM the decisions to be made are whether:
(1) The proposed metallurgical coal lease area is acceptable for
coal leasing (43 CFR part 3461).
(2) Areas unsuitable for surface mining of coal have been
identified as required by 43 CFR 3461.5.
(3) There are special conditions designed to protect resources that
would be required for a future coal lease.
(4) The amount of coal recoverable has been identified and is
acceptable for a future consideration of leasing.
(5) The screening process has been completed in accordance with 43
CFR 3420.1-4(e). If the BLM determines the proposed lease area is
suitable and can made available for a Federal coal lease, the lease
would be offered for sale through the competitive bid process. The BLM
decision for a lease to utilize Federal lands would be documented in a
record of decision (ROD) issued by the BLM.
For the FS the decisions to be made are whether:
(1) The lands underlying the ONF are suitable for coal leasing;
(2) To provide consent, with appropriate lease stipulations to
protect surface resources, to the BLM concerning a Federal coal Lease
by Application (LBA) submitted to the BLM from the Emera Corporation on
behalf of Ouro Mining Inc.;
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(3) To approve the powerline and associated access roads and issue
a special use permit with terms and conditions; and
(4) If needed, to approve a forest plan amendment that may provide
management direction for coal leasing on 3,077 acres within the ONF.
The FS decision on suitability, consent with surface leasing
stipulations, the powerline and access roads special use permit, and a
forest plan amendment (if needed) would be documented in a Record of
Decision issued by the FS. Consent to the BLM would be issued through
correspondence.
Substantive Provisions
The FS's Land Management Planning Rule at 36 CFR 219.13(b)(2)
requires the responsible official to provide notice of which
substantive requirements of 36 CFR 219.8 through 219.11 are likely to
be directly related to the amendment. Whether a rule provision is
directly related to an amendment is determined by the purpose for the
amendment and the effects (beneficial or adverse) of the amendment, and
is informed by the best available scientific information, scoping,
effects analysis, monitoring data or other rationale (36 CFR
219.13(b)(5)). Based on those criteria, the Planning Rule provision
likely to be directly related to the forest plan amendment (if needed)
is: Sec. 219.10(a)(2) (multiple use).
Additional Information
The EIS will identify, analyze, and consider mitigation to address
the reasonably foreseeable impacts to surface resources from the LBA,
the electrical powerline, and the associated access roads. In
accordance with 40 CFR 1502.14(e), the agencies will evaluate
appropriate mitigation measures not already included in the LBA.
Mitigation may include avoidance, minimization, rectification,
reduction or elimination over time, and compensation; and may be
considered at multiple scales, including the landscape scale. The
agencies will utilize and coordinate the National Environmental Policy
Act (NEPA) and land use planning processes to help support compliance
with applicable procedural requirements under the Endangered Species
Act (16 U.S.C. 1536) and section 106 of the National Historic
Preservation Act (54 U.S.C. 306108) as provided in 36 CFR 800.2(d)(3),
including public involvement requirements of section 106. The
information about historic and cultural resources and threatened and
endangered species within the area potentially affected by the LBA and
proposed plan amendment will assist the agencies in identifying and
evaluating impacts to such resources.
Indian Tribal Nations will be consulted on a government-to-
government basis in accordance with Executive Order 13175, BLM MS 1780,
and other Departmental policies. Tribal concerns, including impacts on
Indian trust assets and potential impacts to cultural resources, will
be given due consideration. Federal, state, and local agencies, along
with Indian Tribal Nations and other stakeholders that may be
interested in or affected by the proposed Federal coal LBA for the
Heavener project, the amendment to the ONF Revised Forest Plan, and
powerline-associated actions. They are invited to participate in the
scoping process and, if eligible, may request or be requested by the
agencies to participate in the development of the EIS as a cooperating
agency.
Additional opportunities for government-to-government consultation
will be provided during the NEPA process.
Dated: December 19, 2023.
Gregory Smith,
Associate Deputy Chief, National Forest System.
[FR Doc. 2023-28300 Filed 12-22-23; 8:45 am]
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