From: Subject: FR Doc E8-30742 Date: Sun, 15 Mar 2009 19:24:49 -0700 MIME-Version: 1.0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://edocket.access.gpo.gov/2008/E8-30742.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.5579 FR Doc E8-30742 
[Federal Register: December 29, 2008 (Volume 73, Number =
249)]
[Proposed Rules]              =20
[Page 79424-79425]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29de08-26]                        =20

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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 251

RIN 0596-AC87

=20
Management of National Forest System Surface Resources With=20
Privately Held Mineral Estates

AGENCY: Forest Service, USDA.

[[Page 79425]]


ACTION: Advance notice of proposed rulemaking; request for comment.

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SUMMARY: The Forest Service is preparing to promulgate regulations to=20
provide clarity and direction on the management of National Forest=20
System surface resources when the mineral estate is privately held.

DATES: Comments must be received in writing by February 27, 2009.

ADDRESSES: Written comments concerning this advance notice of proposed=20
rulemaking notice should be addressed to Forest Service, USDA, attn:=20
Director, Minerals and Geology Management, at Mail Stop 1126,=20
Washington, DC 20250-1126; by electronic mail to 36cfr251@fs.fed.us; or=20
by fax to (703) 605-1575; or by the electronic process available at=20
Federal e-Rulemaking portal at http://fr=
webgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3D=
linklog&to=3Dhttp://www.regulations.gov. All=20
comments, including names and addresses when provided, are placed in=20
the record and are available for public inspection and copying. The=20
public may inspect comments received at 1601 N. Kent Street, Suite 500,=20
Arlington, Virginia 22209 during regular business hours (8:30 a.m. to 4=20
p.m.), Monday through Friday, except holidays. Visitors are encouraged=20
to call ahead to (703) 605-4792 to facilitate entry to the building.

FOR FURTHER INFORMATION CONTACT: Ivette E. Torres, Liaison Specialist,=20
Minerals & Geology Management. Phone Number: (703) 605-4792, or =
(703)=20
615-7813. E-mail: ietorres@fs.fed.us.
    Individuals who use telecommunication devices for the deaf (TDD)=20
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339=20
between 8 a.m. and 8 p.m., Eastern Standard Time, Monday through=20
Friday.

SUPPLEMENTARY INFORMATION: The Forest Service intends to engage in=20
rulemaking to provide clarity and direction on the management of the=20
National Forest System surface resources when the mineral estate is=20
privately held and fulfill the statutory mandate on the Allegheny=20
National Forest in Pennsylvania. To that end, it hereby seeks public=20
comment on the scope and direction of the intended rulemaking,=20
including, but not limited to, the identification of the issues and=20
concerns related to private oil and gas development on the Allegheny=20
National Forest which would be appropriately considered in this=20
rulemaking effort.
    The proposed regulation will clarify and expand policy at 36 CFR=20
251.15--Conditions, rules and regulations to govern exercise of mineral=20
rights reserved in conveyances to the United States, and be consistent=20
with 36 CFR part 251 subpart D--Access to Non-Federal Lands. The=20
proposed rulemaking is also intended to fulfill the mandate set forth=20
by section 2508 of the Energy Policy Act of 1992, Public Law 102-486,=20
106 Stat. 3108-3109, which has been codified at 30 U.S.C. 226(o),=20
concerning private oil and gas development on the Allegheny National=20
Forest. Section 2508 requires 60-day prior notification and clarifies=20
content requirements of the notification. The Forest Service invites=20
public comment as it prepares for this rulemaking.

Regulatory Findings

    This advance notice of proposed rulemaking is being issued to=20
obtain public comment and provide clarity and direction on the=20
management of National Forest System surface resources when the mineral=20
estate is privately held, and to fulfill the statutory mandate in 30=20
U.S.C. 226(o), regarding the Allegheny National Forest in Pennsylvania.=20
The Department is not proposing any specific approaches for managing=20
non-Federal lands; there are no regulatory findings associated with=20
this notice. Comments received will help the Department determine the=20
extent and scope of any future rulemaking.

Conclusion

    The Department of Agriculture is considering how best to proceed=20
with engaging the public in identifying with issues and concerns=20
related to private oil and gas developments on the Allegheny National=20
Forest. Through this advance notice of proposed rulemaking, the=20
Department is seeking public input as responses to concerns about the=20
management of National Forest System surface resources when the mineral=20
estate is privately held. Public input and comment will help inform the=20
Department's consideration of how best to proceed with long-term uses=20
and management of these areas. How the Department ultimately addresses=20
the final rule will depend on a number of factors. These include court=20
decisions, public comments, and practical options for amending the=20
current rule, an EIS or both, using other administrative tools to=20
implement land uses and access to non-Federal lands.

    Dated: December 17, 2008.
Sally D. Collins,
Associate Chief.
 [FR Doc. E8-30742 Filed 12-24-08; 8:45 am]

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