From: Subject: FR Doc 08-472 Date: Mon, 25 Feb 2008 21:48:42 -0800 MIME-Version: 1.0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/08-472.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3198 FR Doc 08-472 
[Federal Register: February 4, 2008 (Volume 73, Number 23)]
[Notices]              =20
[Page 6453-6454]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04fe08-12]                        =20

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Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules =

or proposed rules that are applicable to the public. Notices of hearings =

and investigations, committee meetings, agency decisions and rulings,=20
delegations of authority, filing of petitions and applications and =
agency=20
statements of organization and functions are examples of documents=20
appearing in this section.

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[[Page 6453]]



DEPARTMENT OF AGRICULTURE

Forest Service

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

=20
Notice of Intent To Prepare a Supplemental Environmental Impact=20
Statement

AGENCY: Forest Service, USDA, and Bureau of Land Management, DOI.

ACTION: Notice of Intent to prepare a Supplemental Environmental Impact=20
Statement to analyze and disclose new information relative to oil and=20
gas leasing of 44,720 acres on the Big Piney Ranger District.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Land Management (BLM), after receiving nominated=20
oil and gas lease parcels and appropriate lease stipulations from the=20
Forest Service (FS), sold and issued 12 leases, and sold 23 other=20
leases that have not been issued. An appeal to the Interior Board of=20
Land Appeals (IBLA) resulted in a stay being granted for the 12 issued=20
leases. Upon request, the appeal was remanded back to the BLM for=20
resolution. The IBLA decision held that BLM had relied on an=20
inadequate/stale NEPA analysis in reaching its decision to sell and=20
issue the lease parcels. In the case of oil and gas leasing decisions=20
on National Forest system lands, and in conformance with a MOU between=20
the BLM and FS which identifies the need for BLM to be a cooperating=20
agency, the NEPA analysis that was relied on by BLM to inform leasing=20
decisions was adopted from the appropriate and applicable Forest=20
Service NEPA. This supplemental EIS will address the issues identified=20
by IBLA as inadequately or inappropriately addressed in previous NEPA=20
analyses informing leasing decisions, and other issues identified=20
through scoping.

DATES: Comments concerning new information or issues not previously=20
considered in the leasing analysis must be postmarked no later than 45=20
days from the publication of this notice in the Federal Register. The=20
Draft Supplemental EIS (DSEIS) is expected in May of 2008 and the Final=20
Supplemental Environmental Impact Statement (FSEIS) is expected in=20
September of 2008.

ADDRESSES: Send written comments to Stephen Haydon, Forest Minerals=20
Staff, Bridger-Teton National Forest, 340 N. Cache, PO Box 1888,=20
Jackson, WY 83001-1888. Send electronic comments to: 
comments-intermtn-bridger-teton@fs.fed.us; with the subject clearly =
titled ``Leasing=20

EIS''.

FOR FURTHER INFORMATION CONTACT: Stephen Haydon, Project Leader.

SUPPLEMENTARY INFORMATION: The Bridger-Teton National Forest made an=20
oil and gas leasing decision in the forest plan signed in 1990.=20
Subsequent Environmental Assessments were completed in the early 1990s=20
to consider the impacts of oil and gas leasing in various Management=20
Areas throughout the Forest. Since the early 1990s, several issues that=20
have some bearing on oil and gas leasing have arisen and new=20
information has become available. The Forest reviewed those issues and=20
the new information and documented that review in a Supplemental=20
Information Report dated February 25, 2004. The Forest Supervisor=20
concluded that the new issues and information did not alter the=20
previous leasing decision in the Forest Plan. Subsequently, in 2005 the=20
Forest Service sent lease parcels covering 44,720 acres to the BLM for=20
competitive lease sale. The BLM offered, sold and issued leases on=20
20,963 acres in December 2005 and April 2006, and sold but did not=20
issue leases on the remaining 23,757 acres in June and August 2006.=20
Following protest and BLM State Director's Review, an appeal to the=20
Interior Board of Land Appeals (IBLA) was filed for the December and=20
April lease sales. The appeal included ``Request for Stay,'' which the=20
IBLA granted. Upon request by the BLM, IBLA remanded the appeals back=20
to the BLM for resolution. This supplemental analysis will address the=20
resource issues and effects analysis concerns identified by IBLA and=20
additional issues identified through this scoping effort.

Purpose and Need for Action

    The purpose and need for action is to determine whether and to what=20
extent analysis of new issues and information might alter the oil and=20
gas leasing decision as it relates to the 44,720 acres forwarded to the=20
BLM for competitive lease sale. This action is needed to address the=20
appropriateness of the previous leasing decisions, to decide the final=20
disposition of the suspended existing leases and lease parcels, and to=20
be responsive to the IBLA remand requiring incorporation of the new=20
issues and information in the BLM decision to lift the suspension of=20
lease parcels and issue oil and gas leases.

Proposed Action

    The proposed federal action is to lift the current suspension on=20
the issued December 2005 and April 2006 leases and to issue those that=20
were sold but not issued from the June and August 2006 sales. To do so=20
requires the analysis of new issues and information not available to=20
the deciding officials at the time the leasing decision was made.

Possible Alternatives

    The alternatives to be considered may include continuation of the=20
current leasing decision contained in the forest plan, and the no=20
action alternative, and potentially others identified in scoping. The=20
no action alternative would involve not issuing the leases that have=20
been sold but not issued, and the cancellation of the leases that were=20
sold. Additional alternatives may be identified once scoping is=20
completed.

Lead and Cooperating Agencies

    The Forest Service is the lead agency. The BLM and the State of=20
Wyoming are cooperating agencies.

Responsible Official

    The Forest Service responsible official for determining if and to=20
what extent the analysis of new issues and information would alter the=20
oil and gas leasing decision contained in the BTNF Forest Plan (36 CFR=20
228.102(d)) is Kniffy Hamilton, Forest Supervisor, Bridger-Teton=20
National Forest, 340 N. Cache (P.O. Box 1888), Jackson, Wyoming 83001.=20
The BLM responsible official for final decision (43 CFR 3101.7)=20
relative to the issuance or disposition of the leases and lease parcels=20
is Robert A. Bennett, State Director, BLM--Wyoming

[[Page 6454]]

State Office, 5353 Yellowstone (P.O. Box 1828), Cheyenne, Wyoming=20
82009.

Nature of Decision To Be Made

    The Forest Service will determine if and how the current Forest=20
Plan oil and gas leasing decision, as it relates to the 44,720 acres,=20
should be changed based on new information. If a new decision is=20
determined not to be needed following preparation of the Supplemental=20
environmental impact statement, that determination is not subject to=20
appeal in accordance with 36 CFR 215.12. The BLM will then decide=20
whether or not the revised FS NEPA analysis is adequate, and=20
subsequently whether to lift the suspension on the existing leases and=20
whether or not to issue leases on the other lease parcels.

Scoping Process

    Scoping for a supplemental statement is not required (40 CFR=20
1502.9(c)(4)), but due to the length of time since scoping associated=20
with the current leasing decision was conducted, the agencies are=20
soliciting comments specific to new issues or information. Letters will=20
be sent to the forest mailing list of known interested parties. Public=20
meetings held in 2006 in association with forest plan revision efforts=20
generated issues relative to oil and gas leasing. Comments received=20
during those meetings will be considered in this supplemental analysis.=20
The scoping process will assist the agencies in identifying specific=20
issues to be addressed related to the purpose and need and the scope of=20
the decision. Mail comments to the addresses given above for further=20
information. Ongoing information related to the proposed action and=20
related analysis will be posted on the Bridger-Teton National Forest=20
Web site http://=
frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&lo=
g=3Dlinklog&to=3Dhttp://www.fs.fed.us/r4/btnf.


Preliminary Issues

    Preliminary issues associated with the proposed action include:
    (1) The drilling and production of wells subsequent to leasing=20
could impact air quality and air quality related values, with emphasis=20
on cumulative effects due to extensive development in the Pinedale=20
area.
    (2) The T&E listed Lynx, or its habitat, could be impacted by=20
subsequent exploration and development activities.
    (3) Impacts to water quality due to subsequent surface disturbing=20
activities could adversely affect the Colorado River Cutthroat Trout.
    (4) The development of a transportation system to support field=20
development could adversely affect mule deer migration routes in the=20
area and fragment habitat.

Comment Requested

    This notice of intent initiates the scoping process which guides=20
the development of the supplemental environmental impact statement.
    Early Notice of Importance of Public Participation in Subsequent=20
Environmental Review: A Supplemental DEIS will be prepared for comment.=20
The comment period on the SDEIS will be for a perod of 45 days from the=20
date the Environmental Protection Agency publishes the notice of=20
availability in the Federal Register.
    The Forest Service believes, at this early stage, it is important=20
to give reviewers notice of several court rulings related to public=20
participation in the environmental review process. First, reviewers of=20
a DEIS must structure their participation in the environmental review=20
of the proposal so that it is meaningful and alerts an agency to the=20
reviewer's position and contentions. Vermont Yankee Nuclear Power Corp.=20
v. NRDC, 435 U.S. 519, 553 (1978). Also, environmental objections that=20
could be raised at the DEIS stage but that are not raised until after=20
completion of the final environmental impact statement may be waived or=20
dismissed by the courts. City of Angoon v. Hodel, 803 F.2d 1016, 1022=20
(9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490 F. Supp.=20
1334, 1338 (E.D. Wis. 1980). Because of these court rulings, it is very=20
important that those interested in this proposed action participate by=20
the close of the 45-day comment period so that substantive comments and=20
objections are made available to the Forest Service at a time when it=20
can meaningfully consider them and respond to them in the final=20
environmental impact statement. To assist the Forest Service in=20
identifying and considering issues and concerns on the proposed action,=20
comments on the DEIS should be as specific as possible. It is also=20
helpful if comments refer to specific pages or chapters of the draft=20
statement. Comments may also address the adequacy of the DEIS or the=20
merits of the alternatives formulated and discussed in the statement.=20
Reviewers may wish to refer to the Council on Environmental Quality=20
Regulations for implementing the procedural provisions of the National=20
Environmental Policy Act at 40 CFR 1503.3 in addressing these points.
    Comments received, including the names and addresses of those who=20
comment, 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: January 25, 2008.
Kniffy Hamilton,
Forest Supervisor, Bridger-Teton National Forest.
Jane D. Darnell,
Acting Wyoming State Director, Bureau of Land Management.
[FR Doc. 08-472 Filed 2-1-08; 8:45 am]

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