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[Federal Register: August 3, 2007 (Volume 72, Number 149)]
[Notices]              =20
[Page 43228-43229]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03au07-33]                        =20

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DEPARTMENT OF AGRICULTURE

Forest Service

=20
Manti-La Sal National Forest, Utah, EIS for Oil and Gas Leasing

AGENCY: Forest Service, USDA, and Bureau of Land Management, USDI.

ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: The Manti-La Sal National Forest gives notice of the intent to=20
prepare an environmental impact statement (EIS) to document the=20
analysis and disclose the environmental and human effects of oil and=20
gas leasing on lands administered by the Manti-La Sal National Forest.=20
The Federal Onshore Oil and Gas Leasing Reform Act of 1987 (FOOGLRA)=20
requires the Forest Service to evaluate National Forest System (NFS)=20
lands for potential oil and gas leasing.
    As the agency responsible for lease issuance and administration,=20
the Bureau of Land Management (BLM) will participate as a cooperating=20
agency.

DATES: Comments concerning the scope of the analysis should be received=20
by September 10, 2007, to be most helpful. The draft environmental=20
impact statement is scheduled for completion by the spring of 2008, and=20
the final environmental impact statement is scheduled for completion by=20
the fall of 2008.

ADDRESSES: Send written comments to: Dale Harber, Oil and Gas Team=20
Leader, Manti-La Sal National Forest, 599 West Price River Drive,=20
Price, UT 84501; phone (435) 636-3548; fax (435) 637-4940; email <A =
href=3D"mailto:comments-intermtn-manti-lasal@fs.fed.us">
comments-intermtn-manti-lasal@fs.fed.us</A>. Please include ``Oil and =
Gas=20

Leasing Analysis Project'' on the subject line.

FOR FURTHER INFORMATION CONTACT: Ann King, Public Affairs Officer,=20
Manti-La Sal National Forest, 599 West Price River Drive, Price, UT=20
84501; phone (435) 636-3535.
    Fore technical information contact Dale Harber, Oil and Gas Team=20
Leader, (435) 636-3548.

SUPPLEMENTARY INFORMATION:

Purpose and Need for Action

    FOOGLRA requires the Forest Service to evaluate NFS lands for=20
potential oil and gas leasing and establishes Forest Service consent=20
authority for leasing prior to the BLM offering NFS lands for lease. A=20
leasing EIS was prepared in the early 1990s, with the Record of=20
Decision (ROD) signed January 12, 1993, and a ROD modifying specific=20
aspects of the original ROD signed on January 4, 1994. Due to the=20
length of time since the last EIS was prepared and the increased=20
interest by the industry due to the increased demand for oil and gas,=20
high prices, and discoveries of oil and gas reserves in nearby areas=20
with similar geologic conditions, it is now time to prepare an updated=20
EIS to continue leasing. The BLM Utah State Office has received, and=20
continues to receive, numerous Expressions of Interest for leasing=20
portions of the Manti-La Sal Natioal Forest.

Proposed Action

    The Forest Supervisor of the Manti-La Sal National Forest and the=20
Utah State Director, Bureau of Land Management, propose to conduct that=20
analysis and decide which lands to make available for oil and gas=20
leasing. The analysis area includes all NFS lands administered by the=20
Manti-La Sal National Forest. As part of the analysis, the Forest=20
Service will identify those areas that would be available for leasing=20
subject to the terms and conditions of the standard oil and gas lease=20
form, or the use of lease stipulations such as those prohibiting=20
surface occupancy. The analysis will also: (1) Identify alternatives to=20
the proposed action, including that of not allowing leasing (no=20
action), (2) project the type/amount of post-leasing activity that is=20
reasonably foreseeable, and (3) analyze the reasonably foreseeable=20
impacts of projected post-leasing activity [36 CFR 228.102(c)].

Possible Alternatives

    All alternatives studied in detail must fall within the scope of=20
the purpose and need for action and will generally tier to and comply=20
with the Manti-La Sal Forest Plan. Law requires evaluation of a ``no=20
action alternative''. Under the No Action/No Lease alternative, no=20
additional oil and gas leasing would occur. Alternatives to be=20
evaluated would range from the No Action/No Lease alternative (most=20
restrictive) to the Standard Lease Terms alterative (least restrictive)=20
where all lands legally open to leasing would be made administratively=20
available for leasing with only the standard BLM terms and conditions=20
contained on BLM Lease Form 3100-11. Other alternatives which fall=20
somewhere between the No Action/No Lease alternative and Lease with=20
Standard Terms alternative would also be developed and evaluated, which=20
would involve making some lands unavailable for leasing and other lands=20
available for leasing with stipulations for the protection of other=20
resources and interests.
    The Forest is expecting that the public input will generate either=20
thematic concerns or area-specific issues that may be addressed by=20
modifying the proposed action to create a new alternative or=20
alternatives.

Lead and Cooperating Agencies

    The Forest Service is the lead agency. The Bureau of Land=20
Management will participate as a cooperating agency.

Responsible Officials

    Rodney L. Player, Forest Supervisor, Manti-La Sal National Forest,=20
599 West Price River Drive, Price, UT 84501.
    Selma Sierra, Utah State Director, Bureau of Land Management, 440=20
West 200 South, Suite 500, Salt Lake City, UT 84145.

Nature of Decision to be Made

    The Forest Supervisor, Manti-La Sal National Forest, will decide=20
which lands administered by the Manti-La Sal National Forest will be=20
administratively available for oil and gas leasing, along with=20
associated conditions or constraints for the protection of non-mineral=20
interests [36 CFR 228.102(d)]. The Forest Supervisor will also=20
authorize the BLM to offer specific lands for lease, subject to the=20
Forest Service ensuring that the required stipulations are attached to=20
the leases [36 CFR 228.102(e)].
    The BLM is responsible for issuing and administration of oil and=20
gas leases under the Mineral Leasing Act of 1920, as amended, and=20
Federal Regulations in 43 CFR 3101.7. The BLM Utah State Director must=20
decide whether or not to offer for lease specific lands authorized for=20
leasing by the Manti-La Sal National Forest and with what stipulations.

[[Page 43229]]

Scoping Process

    The first formal opportunity to comment on the Manti-La Sal=20
National Forest Oil and Gas Leasing Analysis Project is during the=20
scoping process (40 CFR 1501.7), which begins with the issuance of this=20
Notice of Intent. The Forest Service requests comments on the nature=20
and scope of the environmental, social, and economic issues, and=20
possible alternatives related to oil and gas leasing on lands=20
administered by the Manti-La Sale National Forest. Mail comments to:=20
Dale Harber, Oil and Gas Team Leader, Manti-La Sal National Forest, 599=20
West Price River Drive, Price, UT 84501.
    A series of public meetings are scheduled to describe the proposal=20
and to provide an opportunity for public input. Meetings are planned in=20
Moab, Monticello, Ferron, Ephraim, Price, and Provo, Utah, and Delta,=20
Colorado, in late August and early September. The schedule will be=20
published in the newspapers of record for the Manti-La Sal National=20
Forest Supervisor's Office and the Ranger Districts as soon as it is=20
finalized. Written comments will be accepted at this meetings.
    The Forest Service will work with tribal governments to address=20
issues that would significantly or uniquely affect them.

Preliminary Issues

    Important goals for the project are to meet the legal requirements=20
for evaluating NFS lands and make the required decisions. The intent of=20
the applicable laws and regulations (see Summary) are to lease=20
appropriate NFS lands and provide a reasonable opportunity to explore=20
for, discover, and produce economic oil and gas reserves from available=20
Federal lands, while meeting the requirements of environmental laws and=20
protection of other resources and interests not compatible with such=20
activities. Issues are anticipated to involve potential effects to=20
wildlife, water, vegetation, recreation, public safety, roadless=20
character, visual resources, cultural and paleontological resources,=20
and social and economic settings. Specific issues will be developed=20
through review of public comments and internal review.

Comment Requested

    This Notice of Intent initiates the scoping process which guides=20
the development of the EIS. The Forest has also received substantial=20
input at public meetings held for the Forest Plan revision, including=20
issues relative to mineral exploration and development. Through these=20
efforts the Forest has an understanding of the broad range of=20
perspectives on the resource issues and social values attributed to=20
resource activities on the Manti-La Sal National Forest. Consequently,=20
site-specific comments or concerns are the most important types of=20
information needed for this EIS. Because the Oil and Gas Leasing EIS is=20
a stand-alone document, only public comment letters which address=20
relevant issues and concerns will be considered and formally addressed=20
in an appendix in the EIS.

Early Notice of Importance of Public Participation in Subsequent=20
Environmental Review

    A draft environmental impact statement will be prepared for=20
comment. The comment period on the draft environmental impact statement=20
is expected to be 45 days from the date the Environmental Protection=20
Agency publishes the notice of availability in the Federal Register.=20
The Forest Service believes, at this early stage, it is important to=20
give reviewers notice of several court rulings related to public=20
participation in the environmental review process. First, reviewers of=20
draft environmental impact statements must structure their=20
participation in the environmental review of the proposal so that it is=20
meaningful and alerts an agency to the reviewer's position and=20
contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519,=20
533 (1978). Also, environmental objections that could be raised at the=20
draft environmental impact statement stage but that are not raised=20
until after completion of the final environmental impact statement may=20
be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d=20
1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490=20
F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings,=20
it is very important that those interested in this proposed action=20
participate by providing comments during the scoping comment period and=20
during the comment period following the release of the draft EIS so=20
that substantive comments and objections are made available to the=20
Forest Service at a time when it can meaningfully consider them and=20
respond to them in the final environmental impact statement.
    To assist the Forest Service in identifying and considering issues=20
and concerns on the proposed action, comments should be as specific as=20
possible. Reviewers may wish to refer to the Council on Environmental=20
Quality Regulations for implementing the procedural provisions of the=20
National Environmental Policy Act at 40 CFR 1503.3 in addressing their=20
points.
    Comment received, including the names and addresses of those who=20
comments, will be considered part of the public record on this proposal=20
and will be available for public inspection.

(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook=20
1909.15, Section 21.)

    Dated: July 26, 2007.
Rodney L. Player,
Forest Supervisor, Manti-La Sal National Forest.
[FR Doc. 07-3743 Filed 8-2-07; 8:45 am]

BILLING CODE 3410-11-M
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