Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Skyline Mine Little Eccles Lease by Application in Emery County and Flat Canyon Lease Modification in Sanpete County, Utah, 26184-26186 [2024-07846]
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26184
Federal Register / Vol. 89, No. 73 / Monday, April 15, 2024 / Notices
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
DEPARTMENT OF AGRICULTURE
Forest Service
[BLM_FRN_MO4500176455]
Notice of Intent To Prepare an
Environmental Impact Statement for
the Proposed Skyline Mine Little
Eccles Lease by Application in Emery
County and Flat Canyon Lease
Modification in Sanpete County, Utah
Bureau of Land Management,
Interior, USDA Forest Service,
Agriculture.
ACTION: Notice of intent.
AGENCY:
In compliance with the
National Environmental Policy Act of
1969, as amended (NEPA), the Federal
Land Policy and Management Act of
1976, as amended (FLPMA), the
National Forest Management Act of
1976 (NFMA), and the Mineral Leasing
Act of 1920, as amended (MLA), the
Bureau of Land Management (BLM)
Price Field Office, and U.S. Department
of Agriculture Forest Service (USDA
Forest Service) Manti-La Sal National
Forest, as co-lead agencies, intend to
prepare an Environmental Impact
Statement (EIS) in response to a Lease
by Application (LBA) for the Little
Eccles Federal Coal Lease Tract (UTU–
92226) of 120 acres and a Lease
Modification Application (LMA) to add
640 acres to the Flat Canyon Lease Tract
(UTU–77114). This notice is
announcing the beginning of the
scoping process to solicit public
comments and identify issues. The EIS
will evaluate potential impacts of
leasing and underground mining of
Federal coal reserves contained in both
lease tracts.
DATES: This notice initiates the publicscoping process for the EIS. The lead
agencies request that the public submit
comments concerning the scope of the
analysis, potential alternatives, and
identification of relevant information,
and studies by May 30, 2024. To afford
the lead agencies the opportunity to
consider comments in the Draft EIS,
please ensure your comments are
received prior to the close of the 45-day
scoping period or 15 days after the last
public meeting, whichever is later.
ADDRESSES: You may submit comments
related to the Skyline Mine Little Eccles
LBA and Flat Canyon LMA by the
following methods:
• Website: https://eplanning.blm.gov/
eplanning-ui/project/2015277/510
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SUMMARY:
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• Mail: Bureau of Land Management,
Skyline Mine Little Eccles Lease by
Application and Flat Canyon Lease
Modification, 125 South 600 West,
Price, Utah 84501
Documents pertinent to this proposal
may be examined online at https://
eplanning.blm.gov/eplanning-ui/
project/2015277/510, https://
www.fs.usda.gov/sopa/forestlevel.php?110410, and at the BLM Price
Field Office: 125 South 600 West, Price,
Utah 84501.
FOR FURTHER INFORMATION CONTACT:
Erika Tobin, BLM Green River District
Mining Engineer, telephone 435–636–
3605, address 125 South 600 West,
Price, Utah 84501. Contact Ms. Tobin to
have your name added to our mailing
list. Individuals in the United States
who are deaf, deafblind, hard of hearing,
or have a speech disability may dial 711
(TTY, TDD, or TeleBraille) to access
telecommunications relay services for
contacting Ms. Tobin. Individuals
outside the United States should use the
relay services offered within their
country to make international calls to
the point-of-contact in the United
States.
SUPPLEMENTARY INFORMATION: Canyon
Fuel Company, LLC (hereafter ‘‘the
Applicant’’), submitted two coal lease
applications to the BLM Price Field
Office on June 10, 2019. One is an LBA
for the Little Eccles Federal Coal Lease
Tract of 120 acres in T. 14 S., R. 6 E.,
SLM, Emery County, Utah sec. 10: SE1⁄4.
The other is an LMA for the existing
Flat Canyon Lease Tract to add 640
acres in T. 14 S., R. 5 E., SLM, Sanpete
County, Utah sec. 9. Both tracts are
adjacent to the existing Skyline Mine
which has been in operation since 1981.
The surface estate of the lease tracts is
administered by the USDA Forest
Service Manti-La Sal National Forest.
The mineral estate (coal) is
administered by the BLM Price Field
Office. The BLM and USDA Forest
Service, as Federal defendants in
WildEarth Guardians v. Haaland (2:16–
cv–00168) (D. Utah), have a
responsibility under the Settlement
Agreement filed March 8, 2023, to
prepare an EIS and issue a decision to
lease or to forgo leasing of the coal
reserves in the Little Eccles Federal Coal
Lease Tract and to modify or forgo lease
modification of the Flat Canyon Federal
Coal Lease Tract.
Purpose and Need for the Proposed
Action
The purpose of the BLM and USDA
Forest Service actions is to respond to:
(1) the Applicant’s LBA to competitively
lease up to 120 acres and approximately
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2.2 million tons of recoverable coal
contained in the Little Eccles Federal
Coal Lease Tract and (2) the Applicant’s
LMA for the existing Flat Canyon
Federal Coal Lease Tract to increase the
tract acreage by up to 640 acres and
approximately 8.6 million tons of
recoverable coal.
The need for the BLM action is
established by the MLA sec. 2 and 3 (30
U.S.C. 201 and 203) and its
implementing regulations (43 CFR 3432
and 3425), as amended by the Federal
Coal Leasing Amendments Act of 1976,
and the FLPMA sec. 102. (43 U.S.C.
1701).
The need for the USDA Forest Service
action is to respond to requests for
consent to coal leasing pursuant to the
MLA, as amended.
Preliminary Proposed Action and
Alternatives
Under the No Action alternative, the
BLM would deny the LBA to lease the
Little Eccles Federal Coal Lease Tract
and LMA to modify the existing Flat
Canyon Lease Tract. Under this
alternative, none of the estimated 10.8
million tons of Federal coal would be
leased and extraction of Federal coal
within the lease tracts would not occur.
There are an estimated 13.6 million tons
of privately-owned coal contained in
tracts abutting the Federal lease tracts.
Under the No Action Alternative, it is
reasonably foreseeable that
approximately 8 million tons of
privately-owned coal not subject to
Federal decisions would be mined.
However, the remaining 5.6 million tons
of privately-owned coal would not be
feasible to extract.
Under the Proposed Action
alternative, the BLM would offer for
competitive leasing the Little Eccles
Federal Coal Lease Tract (UTU–92226;
120 acres) containing an estimated 2.2
million tons of recoverable coal and
authorize the Applicant’s requested
non-competitive lease modification to
add 640 acres and an estimated 8.6
million tons of recoverable coal to the
Flat Canyon Lease Tract (UTU–77114).
The USDA Forest Service, Manti-La Sal
National Forest would consent to
leasing both tracts of Federal coal.
Leasing the Federal coal contained in
the Little Eccles Federal Coal Lease
Tract and the modified Flat Canyon
Lease Tract would allow the Applicant
to recover the full quantity of the
estimated 13.6 million tons of privatelyowned coal abutting the Federal lease
tracts.
Under the Proposed Action the
Federal coal leases would be subject to
standard lease terms and conditions. In
addition, as part of the NEPA process
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Federal Register / Vol. 89, No. 73 / Monday, April 15, 2024 / Notices
the BLM and USDA Forest Service may
identify stipulations to address impacts
to non-mineral interests and these
stipulations may be included in the
applicable decision(s) and attached to
the applicable lease(s).
Other alternatives to be considered in
the EIS are expected to be variations of
tract configuration based on resource
issues identified through the scoping
process. The lead agencies welcome
comments on all preliminary
alternatives as well as suggestions for
additional alternatives.
Summary of Expected Impacts
The effects of leasing and anticipated
development under the Proposed Action
are expected to include mining-induced
subsidence and seismicity and
hydrological effects (surface water and
groundwater). Greenhouse gas
emissions and air pollutant emissions
are also expected to occur, including
indirect effects associated with
transportation and combustion of mined
coal.
Anticipated Permits and Authorizations
The Applicant would need BLM
approval of the LBA and/or LMA. In
addition, should the LBA be approved,
the Applicant would need a Resource
Recovery Protection Plan for the Little
Eccles Lease Tract prepared by the BLM
which would establish the terms to
achieve Maximum Economic Recovery
(MER) as required by 43 CFR 3422.1.
The Applicant would also need a
mining permit and/or permit
modification from Utah Division of Oil,
Gas and Mining (UDOGM). Finally, a
mining plan decision document
prepared by the Office of Surface
Mining Reclamation and Enforcement
(OSMRE) would need approval from the
Assistant Secretary for Land and
Minerals Management before the
Applicant could mine the LBA and/or
LMA.
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Schedule for the Decision-Making
Process
The lead agencies will provide
additional opportunities for public
participation consistent with the NEPA
process, including a 45-day comment
period on the Draft EIS. Comment
meeting(s) on the Draft EIS will be held
concurrently with the MER and Fair
Market Value hearing. The Draft EIS is
anticipated to be available for public
review in the fall of 2024, and the Final
EIS is anticipated to be released in the
spring of 2025 with Records of Decision
later in spring of 2025.
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Jkt 262001
Public Scoping Process
This notice of intent initiates the
scoping period. The lead agencies will
be holding one virtual scoping meeting
and two in-person scoping meetings.
The specific dates and locations of the
scoping meeting will be announced in
advance through the BLM ePlanning
page (see ADDRESSES) and other lead
agency websites (see ADDRESSES).
Lead and Cooperating Agencies
The BLM and USDA Forest Service
are co-lead agencies. Based on special
expertise and jurisdiction by law,
OSMRE and the UDOGM are
cooperating agencies. Based on special
expertise on environmental impacts, the
Environmental Protection Agency (EPA)
is a cooperating agency.
Responsible Officials
The responsible official for the BLM
is the BLM Utah State Director. The
scope of the State Director’s decision is
limited to the LBA and the LMA. The
responsible official for the USDA Forest
Service is the Manti-La Sal National
Forest Supervisor. The scope of the
Forest Supervisor’s decision is limited
to consenting to lease.
Nature of Decision To Be Made
The BLM will decide to lease or to
forgo leasing of the coal reserves in the
Little Eccles Federal Coal Lease Tract
and Flat Canyon Federal Coal Lease
Tract. The USDA Forest Service will
decide to consent to or deny consent to
the leasing of the subject Federal coal
tracts.
Forest Service Regulations
The decision that the USDA Forest
Service will make is subject to a predecisional administrative review
process, also known as an objection
process (36 CFR 218, subparts A and B).
The objection process provides an
opportunity for members of the public
who have participated in the planning
process for the action to have any
unresolved concerns reviewed by the
USDA Forest Service prior to a final
decision by the responsible official. 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 scoping and any
other designated opportunity to
comment provided by the responsible
official as prescribed by the applicable
regulations will also govern eligibility to
object once the final EIS and draft
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26185
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.
Objections will be accepted only from
those who have previously submitted
specific written comments regarding the
proposed project during scoping or
other designated opportunity for public
comment in accordance with § 218.5(a).
Issues raised in objections must be
based on previously submitted timely,
specific written comments regarding the
proposed project unless based on new
information arising after designated
opportunities.
Additional Information
The lead agencies will identify,
analyze, and consider mitigation to
address the reasonably foreseeable
impacts to resources from the proposed
action and all analyzed reasonable
alternatives and, in accordance with 40
CFR 1502.14(e), include appropriate
mitigation measures not already
included in the proposed action or
alternatives. 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 lead agencies will utilize and
coordinate the NEPA process 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 proposed
action will assist the lead agencies in
identifying and evaluating impacts to
such resources.
The lead agencies will consult with
Indian Tribal Nations on a governmentto-government basis in accordance with
Executive Order 13175, Forest Service
Handbook 1509.13, Forest Service
Manual 1500, FS–1211 Strengthening
Tribal Consultations and Nation-toNation Relationships. Presidential
Memorandum on Tribal Consultation
and Strengthening Nation-to-Nation
Relationships, January 26, 2021, BLM
Manual Section 1780, and other
Departmental policies. Tribal concerns,
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Federal Register / Vol. 89, No. 73 / Monday, April 15, 2024 / Notices
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 action
the lead agencies are evaluating, are
invited to participate in the scoping
process and, if eligible, may request or
be requested by the lead agencies to
participate in the development of the
environmental analysis as a cooperating
agency.
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
(Authority: 40 CFR 1501.9)
Gregory Sheehan,
BLM Utah State Director.
Barbara Van Alstine,
Acting Forest Supervisor, USDA Forest
Service, Manti-La Sal National Forest.
[FR Doc. 2024–07846 Filed 4–12–24; 8:45 am]
BILLING CODE 4331–25–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[BLM_OR_FRN_MO4500178550]
Public Meeting for the John Day-Snake
Resource Advisory Council, Oregon
Bureau of Land Management,
Interior.
ACTION: Notice of public meetings.
AGENCY:
In accordance with the
Federal Land Policy and Management
Act of 1976 and the Federal Advisory
Committee Act of 1972, the U.S.
Department of the Interior, Bureau of
Land Management’s (BLM) John DaySnake Resource Advisory Council (RAC)
will meet as follows.
DATES: The John Day-Snake Resource
Advisory Council will meet Thursday,
June 6 from 1 p.m. to 4:30 p.m. Pacific
Time (PT) and participate in a field tour
Friday, June 7, 2024, to the National
Historic Oregon Trail Interpretive
Center from 9 a.m. to noon PT. The
meeting will be held, and the field tour
will commence and conclude, at the
BLM Baker Field Office, 3100 H St.,
Baker City, OR 97814. A virtual
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SUMMARY:
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Jkt 262001
participation option for the June 6
meeting will also be available.
Thirty-minute public comment
periods will be offered at 3 p.m. PT June
6; and at 9:05 a.m. PT June 7.
ADDRESSES: The final agenda and
contact information regarding Zoom
participation details will be published
on the RAC’s web page at least 10 days
in advance at https://www.blm.gov/getinvolved/resource-advisory-council/
near-you/oregon-washington/john-dayrac.
Comments to the RAC can be mailed
to: BLM Vale District, Attn. Shane
DeForest, 100 Oregon St., Vale, OR
97918.
FOR FURTHER INFORMATION CONTACT:
Larisa Bogardus, Public Affairs
Specialist, 3100 H. St., Baker City, OR
97814; telephone: 541–523–1407; email:
lbogardus@blm.gov. Individuals in the
United States who are deaf, blind, hard
of hearing, or have a speech disability
may dial 711 (TTY, TDD, or TeleBraille)
to access telecommunications relay
services. Individuals outside the United
States should use the relay services
offered within their countries to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION: The 15member RAC was chartered, and
members appointed, by the Secretary of
the Interior. Its diverse perspectives are
represented in commodity, noncommodity, and local area interests. The
RAC provides advice to BLM and, as
needed, to U.S. Forest Service resource
managers regarding management plans
and proposed resource actions on public
land in the John Day-Snake area. The
meeting is open to the public in its
entirety. Information to be distributed to
the RAC must be provided to its
members prior to the start of each
meeting.
June 6 agenda items include
management of energy and minerals,
timber, rangeland and grazing,
commercial and dispersed recreation,
wildland fire and fuels, wild horses and
burro management, and agency updates
from the Vale and Prineville BLM
Districts and the Wallowa-Whitman,
Umatilla, Malheur, Ochoco, and
Deschutes National Forests; and any
other business that may reasonably
come before the RAC. The Designated
Federal Officer will attend the meeting,
take minutes, and publish the minutes
on the RAC’s web page at https://
www.blm.gov/get-involved/resourceadvisory-council/near-you/oregonwashington/john-day-rac. Members of
the public are welcome to participate in
the June 7 field tour to the National
Historic Oregon Trail Interpretive
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Center but must provide their own
transportation and meals.
For sign language interpreter services,
assistive listening devices, or other
reasonable accommodations, please
contact (FOR FURTHER INFORMATION
CONTACT) 7 business days before the
meeting to ensure there is sufficient
time to process the request. The
Department of the Interior manages
accommodation requests on a case-bycase basis.
The public may send written
comments to the RAC in response to
material presented (see ADDRESSES).
Before including your address, phone
number, email address, or other
personal identifying information in your
comments, please be aware that your
entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee we will be able to do
so.
(Authority: 43 CFR 1784.4–2)
Shane DeForest,
Vale District Manager.
[FR Doc. 2024–07909 Filed 4–12–24; 8:45 am]
BILLING CODE 4331–24–P
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–WASO–NRNHL–DTS#–37778;
PPWOCRADI0, PCU00RP14.R50000]
National Register of Historic Places;
Notification of Pending Nominations
and Related Actions
National Park Service, Interior.
Notice.
AGENCY:
ACTION:
The National Park Service is
soliciting electronic comments on the
significance of properties nominated
before April 6, 2024, for listing or
related actions in the National Register
of Historic Places.
DATES: Comments should be submitted
electronically by April 30, 2024.
ADDRESSES: Comments are encouraged
to be submitted electronically to
National_Register_Submissions@
nps.gov with the subject line ‘‘Public
Comment on .’’ If you
have no access to email, you may send
them via U.S. Postal Service and all
other carriers to the National Register of
Historic Places, National Park Service,
1849 C Street NW, MS 7228,
Washington, DC 20240.
SUMMARY:
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Agencies
[Federal Register Volume 89, Number 73 (Monday, April 15, 2024)]
[Notices]
[Pages 26184-26186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07846]
[[Page 26184]]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
DEPARTMENT OF AGRICULTURE
Forest Service
[BLM_FRN_MO4500176455]
Notice of Intent To Prepare an Environmental Impact Statement for
the Proposed Skyline Mine Little Eccles Lease by Application in Emery
County and Flat Canyon Lease Modification in Sanpete County, Utah
AGENCY: Bureau of Land Management, Interior, USDA Forest Service,
Agriculture.
ACTION: Notice of intent.
-----------------------------------------------------------------------
SUMMARY: In compliance with the National Environmental Policy Act of
1969, as amended (NEPA), the Federal Land Policy and Management Act of
1976, as amended (FLPMA), the National Forest Management Act of 1976
(NFMA), and the Mineral Leasing Act of 1920, as amended (MLA), the
Bureau of Land Management (BLM) Price Field Office, and U.S. Department
of Agriculture Forest Service (USDA Forest Service) Manti-La Sal
National Forest, as co-lead agencies, intend to prepare an
Environmental Impact Statement (EIS) in response to a Lease by
Application (LBA) for the Little Eccles Federal Coal Lease Tract (UTU-
92226) of 120 acres and a Lease Modification Application (LMA) to add
640 acres to the Flat Canyon Lease Tract (UTU-77114). This notice is
announcing the beginning of the scoping process to solicit public
comments and identify issues. The EIS will evaluate potential impacts
of leasing and underground mining of Federal coal reserves contained in
both lease tracts.
DATES: This notice initiates the public-scoping process for the EIS.
The lead agencies request that the public submit comments concerning
the scope of the analysis, potential alternatives, and identification
of relevant information, and studies by May 30, 2024. To afford the
lead agencies the opportunity to consider comments in the Draft EIS,
please ensure your comments are received prior to the close of the 45-
day scoping period or 15 days after the last public meeting, whichever
is later.
ADDRESSES: You may submit comments related to the Skyline Mine Little
Eccles LBA and Flat Canyon LMA by the following methods:
Website: https://eplanning.blm.gov/eplanning-ui/project/2015277/510
Mail: Bureau of Land Management, Skyline Mine Little Eccles
Lease by Application and Flat Canyon Lease Modification, 125 South 600
West, Price, Utah 84501
Documents pertinent to this proposal may be examined online at
https://eplanning.blm.gov/eplanning-ui/project/2015277/510, https://www.fs.usda.gov/sopa/forest-level.php?110410, and at the BLM Price
Field Office: 125 South 600 West, Price, Utah 84501.
FOR FURTHER INFORMATION CONTACT: Erika Tobin, BLM Green River District
Mining Engineer, telephone 435-636-3605, address 125 South 600 West,
Price, Utah 84501. Contact Ms. Tobin to have your name added to our
mailing list. Individuals in the United States who are deaf, deafblind,
hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services for contacting
Ms. Tobin. Individuals outside the United States should use the relay
services offered within their country to make international calls to
the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION: Canyon Fuel Company, LLC (hereafter ``the
Applicant''), submitted two coal lease applications to the BLM Price
Field Office on June 10, 2019. One is an LBA for the Little Eccles
Federal Coal Lease Tract of 120 acres in T. 14 S., R. 6 E., SLM, Emery
County, Utah sec. 10: SE\1/4\. The other is an LMA for the existing
Flat Canyon Lease Tract to add 640 acres in T. 14 S., R. 5 E., SLM,
Sanpete County, Utah sec. 9. Both tracts are adjacent to the existing
Skyline Mine which has been in operation since 1981. The surface estate
of the lease tracts is administered by the USDA Forest Service Manti-La
Sal National Forest. The mineral estate (coal) is administered by the
BLM Price Field Office. The BLM and USDA Forest Service, as Federal
defendants in WildEarth Guardians v. Haaland (2:16-cv-00168) (D. Utah),
have a responsibility under the Settlement Agreement filed March 8,
2023, to prepare an EIS and issue a decision to lease or to forgo
leasing of the coal reserves in the Little Eccles Federal Coal Lease
Tract and to modify or forgo lease modification of the Flat Canyon
Federal Coal Lease Tract.
Purpose and Need for the Proposed Action
The purpose of the BLM and USDA Forest Service actions is to
respond to: (1) the Applicant's LBA to competitively lease up to 120
acres and approximately 2.2 million tons of recoverable coal contained
in the Little Eccles Federal Coal Lease Tract and (2) the Applicant's
LMA for the existing Flat Canyon Federal Coal Lease Tract to increase
the tract acreage by up to 640 acres and approximately 8.6 million tons
of recoverable coal.
The need for the BLM action is established by the MLA sec. 2 and 3
(30 U.S.C. 201 and 203) and its implementing regulations (43 CFR 3432
and 3425), as amended by the Federal Coal Leasing Amendments Act of
1976, and the FLPMA sec. 102. (43 U.S.C. 1701).
The need for the USDA Forest Service action is to respond to
requests for consent to coal leasing pursuant to the MLA, as amended.
Preliminary Proposed Action and Alternatives
Under the No Action alternative, the BLM would deny the LBA to
lease the Little Eccles Federal Coal Lease Tract and LMA to modify the
existing Flat Canyon Lease Tract. Under this alternative, none of the
estimated 10.8 million tons of Federal coal would be leased and
extraction of Federal coal within the lease tracts would not occur.
There are an estimated 13.6 million tons of privately-owned coal
contained in tracts abutting the Federal lease tracts. Under the No
Action Alternative, it is reasonably foreseeable that approximately 8
million tons of privately-owned coal not subject to Federal decisions
would be mined. However, the remaining 5.6 million tons of privately-
owned coal would not be feasible to extract.
Under the Proposed Action alternative, the BLM would offer for
competitive leasing the Little Eccles Federal Coal Lease Tract (UTU-
92226; 120 acres) containing an estimated 2.2 million tons of
recoverable coal and authorize the Applicant's requested non-
competitive lease modification to add 640 acres and an estimated 8.6
million tons of recoverable coal to the Flat Canyon Lease Tract (UTU-
77114). The USDA Forest Service, Manti-La Sal National Forest would
consent to leasing both tracts of Federal coal. Leasing the Federal
coal contained in the Little Eccles Federal Coal Lease Tract and the
modified Flat Canyon Lease Tract would allow the Applicant to recover
the full quantity of the estimated 13.6 million tons of privately-owned
coal abutting the Federal lease tracts.
Under the Proposed Action the Federal coal leases would be subject
to standard lease terms and conditions. In addition, as part of the
NEPA process
[[Page 26185]]
the BLM and USDA Forest Service may identify stipulations to address
impacts to non-mineral interests and these stipulations may be included
in the applicable decision(s) and attached to the applicable lease(s).
Other alternatives to be considered in the EIS are expected to be
variations of tract configuration based on resource issues identified
through the scoping process. The lead agencies welcome comments on all
preliminary alternatives as well as suggestions for additional
alternatives.
Summary of Expected Impacts
The effects of leasing and anticipated development under the
Proposed Action are expected to include mining-induced subsidence and
seismicity and hydrological effects (surface water and groundwater).
Greenhouse gas emissions and air pollutant emissions are also expected
to occur, including indirect effects associated with transportation and
combustion of mined coal.
Anticipated Permits and Authorizations
The Applicant would need BLM approval of the LBA and/or LMA. In
addition, should the LBA be approved, the Applicant would need a
Resource Recovery Protection Plan for the Little Eccles Lease Tract
prepared by the BLM which would establish the terms to achieve Maximum
Economic Recovery (MER) as required by 43 CFR 3422.1. The Applicant
would also need a mining permit and/or permit modification from Utah
Division of Oil, Gas and Mining (UDOGM). Finally, a mining plan
decision document prepared by the Office of Surface Mining Reclamation
and Enforcement (OSMRE) would need approval from the Assistant
Secretary for Land and Minerals Management before the Applicant could
mine the LBA and/or LMA.
Schedule for the Decision-Making Process
The lead agencies will provide additional opportunities for public
participation consistent with the NEPA process, including a 45-day
comment period on the Draft EIS. Comment meeting(s) on the Draft EIS
will be held concurrently with the MER and Fair Market Value hearing.
The Draft EIS is anticipated to be available for public review in the
fall of 2024, and the Final EIS is anticipated to be released in the
spring of 2025 with Records of Decision later in spring of 2025.
Public Scoping Process
This notice of intent initiates the scoping period. The lead
agencies will be holding one virtual scoping meeting and two in-person
scoping meetings. The specific dates and locations of the scoping
meeting will be announced in advance through the BLM ePlanning page
(see ADDRESSES) and other lead agency websites (see ADDRESSES).
Lead and Cooperating Agencies
The BLM and USDA Forest Service are co-lead agencies. Based on
special expertise and jurisdiction by law, OSMRE and the UDOGM are
cooperating agencies. Based on special expertise on environmental
impacts, the Environmental Protection Agency (EPA) is a cooperating
agency.
Responsible Officials
The responsible official for the BLM is the BLM Utah State
Director. The scope of the State Director's decision is limited to the
LBA and the LMA. The responsible official for the USDA Forest Service
is the Manti-La Sal National Forest Supervisor. The scope of the Forest
Supervisor's decision is limited to consenting to lease.
Nature of Decision To Be Made
The BLM will decide to lease or to forgo leasing of the coal
reserves in the Little Eccles Federal Coal Lease Tract and Flat Canyon
Federal Coal Lease Tract. The USDA Forest Service will decide to
consent to or deny consent to the leasing of the subject Federal coal
tracts.
Forest Service Regulations
The decision that the USDA Forest Service will make is subject to a
pre-decisional administrative review process, also known as an
objection process (36 CFR 218, subparts A and B). The objection process
provides an opportunity for members of the public who have participated
in the planning process for the action to have any unresolved concerns
reviewed by the USDA Forest Service prior to a final decision by the
responsible official. 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
scoping and any other designated opportunity to comment provided by the
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.
Objections will be accepted only from those who have previously
submitted specific written comments regarding the proposed project
during scoping or other designated opportunity for public comment in
accordance with Sec. 218.5(a). Issues raised in objections must be
based on previously submitted timely, specific written comments
regarding the proposed project unless based on new information arising
after designated opportunities.
Additional Information
The lead agencies will identify, analyze, and consider mitigation
to address the reasonably foreseeable impacts to resources from the
proposed action and all analyzed reasonable alternatives and, in
accordance with 40 CFR 1502.14(e), include appropriate mitigation
measures not already included in the proposed action or alternatives.
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 lead agencies will utilize and coordinate the NEPA process 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 proposed action will assist the lead agencies in identifying and
evaluating impacts to such resources.
The lead agencies will consult with Indian Tribal Nations on a
government-to-government basis in accordance with Executive Order
13175, Forest Service Handbook 1509.13, Forest Service Manual 1500, FS-
1211 Strengthening Tribal Consultations and Nation-to-Nation
Relationships. Presidential Memorandum on Tribal Consultation and
Strengthening Nation-to-Nation Relationships, January 26, 2021, BLM
Manual Section 1780, and other Departmental policies. Tribal concerns,
[[Page 26186]]
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 action the
lead agencies are evaluating, are invited to participate in the scoping
process and, if eligible, may request or be requested by the lead
agencies to participate in the development of the environmental
analysis as a cooperating agency.
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
(Authority: 40 CFR 1501.9)
Gregory Sheehan,
BLM Utah State Director.
Barbara Van Alstine,
Acting Forest Supervisor, USDA Forest Service, Manti-La Sal National
Forest.
[FR Doc. 2024-07846 Filed 4-12-24; 8:45 am]
BILLING CODE 4331-25-P