[Federal Register: February 27, 2009 (Volume 74, Number 38)]
[Notices]
[Page 8899-8900]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27fe09-21]
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DEPARTMENT OF AGRICULTURE
Forest Service
Allegheny National Forest, PA; Reserved and Outstanding Oil and
Gas Design Criteria
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare a supplemental environmental impact
statement.
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SUMMARY: The Allegheny National Forest proposes to apply design
criteria included in the Allegheny National Forest Land and Resource
Management Plan (Forest Plan), issued in March 2007 to reserved and
outstanding oil and gas development on the Forest. The 2007 Forest Plan
proposed design criteria are identified on pages 53 through 168. This
proposal responds to instructions in the February 15, 2008 decision by
the Chief of the Forest Service on appeals of the Allegheny National
Forest Revised Land and Resource Management Plan. A Supplement to the
Forest Plan Environmental Impact Statement (SEIS) will be prepared for
this proposal.
DATES: Comments concerning the proposed action must be received by
March 26, 2009. The draft SEIS is expected in May 2009 and the final
SEIS is expected in September 2009.
ADDRESSES: Send written comments to Lois DeMarco, Allegheny National
Forest, 4 Farm Colony Dr., Warren, PA 16365. Comments may also be sent
via e-mail to comments-eastern-allegheny@fs.fed.us, or via facsimile to
814-726-1465. Comments sent via e-mail should use the subject line
``Reserved and Outstanding Oil and Gas Design Criteria SEIS.''
Comments received in response to this solicitation, including names
and addresses of those who comment, will become part of the public
record for this proposed action. Comments submitted anonymously will be
accepted and considered; however, anonymous comments may limit the
respondent's ability to participate in subsequent administrative review
or judicial review.
FOR FURTHER INFORMATION CONTACT: Lois DeMarco, Allegheny National
Forest, 4 Farm Colony Dr., Warren, PA 16365; 814-728-6179 or
ldemarco@fs.fed.us.
Individuals who use telecommunication devices for the deaf (TDD)
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339
between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday.
SUPPLEMENTARY INFORMATION: The Allegheny National Forest consists
largely of land acquired from the private sector via purchase or
donation. At the time of acquisition, ownership of oil and gas
resources had often been conveyed to other private parties
(``outstanding rights''), or reserved by the private seller or donor
(``reserved rights''). As a result, ninety-three percent of the Forest
is subject to outstanding or reserved oil and gas rights.
When the Forest Plan was revised in 2007, concerns about the
environmental effects of reserved and outstanding oil and gas
development resulted in revision of the design criteria (also called
standards and guidelines) applied to such oil and gas development. The
draft Forest Plan included specific design criteria applicable to
reserved and outstanding oil and gas development. The final Forest Plan
substantially modified these design criteria, and for the first time,
explicitly applied all design criteria to reserved and outstanding oil
and gas development.
The 2007 Forest Plan was administratively appealed, with the result
that the Chief of the Forest Service directed the Regional Forester for
the Forest Service Eastern Region to provide for public notice and
comment on the application of design criteria to reserved and
outstanding oil and gas development, and changes in Section 2800 of the
2007 Forest Plan. In the interim, standards and guidelines from the
previous Forest Plan (1986) are applied to reserved and outstanding oil
and gas development.
In the appeal decision, the Chief also instructed the Regional
Forester to clarify the Allegheny National Forest's authority to manage
oil and gas activities, and to more fully document the cumulative
effects of oil and gas development on air quality.
The Forest Service continues to believe that the final 2007 Forest
Plan better protects, enhances and restores ecosystems than the 1986
Forest Plan, and proposes to apply the design criteria described on
pages 53 through 168 of the 2007 Forest Plan.
Purpose and Need for Action
The Chief's decision on appeals of the 2007 Forest Plan creates the
following needs to take action at this time:
1. There is a need to provide public notice and an opportunity for
comment on application of the design criteria defined on pages 53
through 168 of the 2007 Forest Plan to reserved and outstanding oil and
gas development.
2. There is a need to better describe the Allegheny National
Forest's legal authority to determine the reasonable use of surface
resources when reserved and outstanding oil and gas rights are
exercised, and to incorporate clear language that defines the roles and
responsibilities of the Forest Service, Commonwealth of Pennsylvania
and private mineral owners in the SEIS, 2007 Forest Plan and Record of
Decision. There is also a need to distinguish between reserved an
outstanding rights and how the management of these distinct mineral
estates may vary depending upon language in individual deeds or the
Secretary of Agriculture's rules and regulations.
3. There is a need to evaluate and disclose potential cumulative
effects from emissions of methane, hydrogen sulfide, and emissions from
vehicles and equipment used in oil and gas development on Allegheny
National Forest and regional air quality.
Proposed Action
In response to the Chief's three instructions, the Regional
Forester for the Forest Service Eastern Region proposes to:
1. Apply the design criteria found on pages 53 through 168 of the
2007 Forest Plan to reserved and outstanding oil and gas development;
[[Page 8900]]
2. Clarify the roles and responsibilies held by the Forest Service,
the Commonwealth of Pennsylvania, and private mineral owners in regard
to the protection of surface resources during the development of
reserved and outstanding oil and gas, by replacing applicable sections
in the Record of Decision, the 2007 Forest Plan, the Final
Environmental Impact Statement, and Appendix F; and
3. Supplement the Air Resources--Section 3.2.4 in the Final
Environmental Impact Statement (pp. 3-52 to 3-63) to fully evaluate the
potential cumulative effects from emissions of methane, hydrogen
sulfide, and emissions from vehicles and equipment used in oil and gas
development on air quality in the Allegheny National Forest and
surrounding region.
Possible Alternatives
No specific alternatives have been identified; however, alternative
design criteria may be appropriate. Continued application of the 1986
Forest Plan standards and guidelines for reserved and outstanding oil
and gas development will serve as the no action alternative. The
alternative of denying reasonable and necessary access to reserved and
outstanding minerals will not be considered in detail, as the Forest
Service lacks the legal authority to do so without engaging in a taking
of private property.
Lead and Cooperating Agencies
The lead agency for this proposal is the USDA-Forest Service. The
U.S. Fish and Wildlife Service and Bureau of Land Management will be
invited to become cooperating agencies for this proposal.
Responsible Official
The official responsible for the decision is the Regional Forester
for the Eastern Region of the Forest Service.
Nature of Decision To Be Made
The decision to be made by the Regional Forester concerns the
application of design criteria to the exercise of reserved and
outstanding minerals rights, to ensure reasonable and necessary access
while adequately protecting, enhancing and restoring ecosystems.
Preliminary Issues
Issues are expected to include concerns related to the ability of
various design criteria to protect surface resources including water,
air, and wildlife.
Permits or Licenses Required
The Forest Service is not required to obtain any permits or
licenses in order to implement this proposal.
Scoping Process
This Notice of Intent initiates the scoping process, which guides
the development of the SEIS. Other information used in determining the
scope of actions, alternatives and effects to be analyzed includes the
public involvement process for the 2007 Forest Plan, appeal resolution
processes related to the 2007 Forest Plan, and the decision of the
Chief of the Forest Service on the appeals of the 2007 Forest Plan.
Comments received on this notice will be used to identify design
criteria for surface management that are effective and appropriate.
Comments that point to disagreements over the environmental effects of
the proposed action will be used to further develop issues that will be
analyzed in the SEIS.
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 SEIS. Therefore, comments should be provided prior to the close of
the comment period and should clearly articulate the reviewer's
concerns and contentions. The submission of timely and specific
comments may affect a reviewer's ability to participate in subsequent
administrative review or judicial review.
Dated: February 17, 2009.
Leanne M. Marten,
Forest Supervisor.
[FR Doc. E9-3862 Filed 2-23-09; 8:45 am]
BILLING CODE 3410-11-P