[Federal Register: June 22, 2009 (Volume 74, Number = 118)] [Notices] =20 [Page 29463-29464] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr22jn09-27] =20 ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Forest Service =20 Allegheny National Forest; Pennsylvania; Transition EIS AGENCY: Forest Service, USDA. ACTION: Notice of intent to prepare an environmental impact statement. ----------------------------------------------------------------------- SUMMARY: The Forest Service is proposing to authorize reasonable access=20 for site-specific proposals to develop reserved and outstanding mineral=20 rights within the Allegheny National Forest, with provisions to=20 mitigate impacts to surface resources. We are also proposing to use=20 design criteria and a site-specific review process through this=20 decision to authorize reasonable access for future site-specific=20 proposals to develop reserved and outstanding mineral rights within the=20 Allegheny National Forest, with provisions to mitigate impacts to=20 surface resources. DATES: Comments concerning the scope of the analysis must be received=20 by August 21, 2009. The draft environmental impact statement is=20 expected January 2010, and the final environmental impact statement is=20 expected April 2010. ADDRESSES: Send written comments to Anthony V. Scardina, Allegheny=20 National Forest, 4 Farm Colony Drive, Warren, PA 16365. Comments may=20 also be sent via e-mail to comments-eastern-all= egheny@fs.fed.us, or via=20 facsimile to 814-726-1465. Comments sent via email should use the=20 subject line ``Transition EIS.'' Comments received in response to this solicitation, including names=20 and addresses of those who comment, will be part of the public record=20 for this proposed action. Comments submitted anonymously will be=20 accepted and considered; however, anonymous comments may limit the=20 respondents ability to participate in subsequent administrative review=20 or judicial review. FOR FURTHER INFORMATION CONTACT: Anthony V. Scardina, Allegheny=20 National Forest, 4 Farm Colony Drive, Warren, PA 16365; (814) 728-6115=20 or ascardina@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 Time, Monday through Friday. SUPPLEMENTARY INFORMATION: The Allegheny National Forest consists=20 largely of land acquired from the private sector via purchase or=20 donation. At the time of acquisition, ownership of oil and gas=20 resources had often been conveyed to other private parties=20 (``outstanding rights''), or reserved by the private seller or donor=20 (``reserved rights''). As a result, ninety-three percent of the Forest=20 is subject to outstanding or reserved oil and gas rights. On April 9, 2009, the Forest Service, Forest Service Employees for=20 Environmental Ethics (FSEEE), Allegheny Defense Project, and the Sierra=20 Club filed a stipulation of dismissal, based upon a settlement=20 agreement, with the U.S. District Court for the Western District of=20 Pennsylvania (FSEEE et al. v. Forest Service, 08-323 (W.D. Pa.)). This=20 lawsuit challenged the issuance of Notices to Proceed for development=20 of reserved and outstanding mineral rights within the Allegheny=20 National Forest without preparation of environmental analyses pursuant=20 to the National Environmental Policy Act (NEPA) of 1969. The lawsuit=20 was dismissed in May 2009. Briefly, the settlement filed with the court included the=20 processing of 54 oil and gas proposals for a total of 588 wells, 2=20 pipelines, and 1 seismic line using current review and approval=20 procedures. Furthermore, the settlement established that the=20 appropriate level of NEPA be conducted prior to authorization of future=20 proposals. The Allegheny National Forest is also in the process of preparing a=20 supplemental environmental impact statement for the 2007 Forest Plan.=20 This process responds to instructions in the February 15, 2008,=20 decision by the Chief of the Forest Service on appeals of the Allegheny=20 National Forest Revised Land and Resource Management Plan pertaining to=20 design criteria associated with the development of reserved and=20 outstanding mineral rights within the Allegheny National Forest.=20 Information for this process can be found at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3Dleaving= FR.html&log=3Dlinklog&to=3Dhttp://www.fs.fed.us/r9/forests/allegh= eny/ and by clicking on the link for the ANF 2007 Forest=20 Plan Supplemental EIS. Purpose and Need for Action The purpose of this action is to authorize reasonable access for=20 forest- [[Page 29464]] wide site-specific proposals to develop reserved and outstanding=20 mineral rights within the Allegheny National Forest, with provisions to=20 mitigate impacts to surface resources. The need to take such action=20 includes: 1. To provide reasonable access to reserved and outstanding mineral=20 rights beneath National Forest System lands of the Allegheny National=20 Forest. 2. Mitigating impacts to surface resources of the Allegheny=20 National Forest associated with providing reasonable access for=20 development of reserved and outstanding mineral rights by applying=20 Forest Plan design criteria and site-specific mitigations. Proposed Action The Forest Service is proposing to authorize reasonable access for=20 site-specific proposals to develop reserved and outstanding mineral=20 rights within the Allegheny National Forest, with provisions to=20 mitigate impacts to surface resources. We are also proposing to use design criteria and a site-specific=20 review process through this decision to authorize reasonable access for=20 future site-specific proposals to develop reserved and outstanding=20 mineral rights within the Allegheny National Forest, with provisions to=20 mitigate impacts to surface resources. We may approve future proposals=20 consistent with the design criteria and review process, when and where=20 appropriate, pursuant to 40 Code of Federal Regulations (CFR) 1506.3=20 and related regulations. For purposes of scoping, this proposed action will be consistent=20 with standards and guidelines in the 2007 Forest Plan Supplement=20 Environmental Impact Statement proposed action. The 2007 Forest Plan proposed action standards and guidelines, as=20 well as site-specific information such as maps, number of wells, and=20 approximate road mileage for the proposed action, can be found at=20 http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3Dleaving= FR.html&log=3Dlinklog&to=3Dhttp://www.fs.fed.us/r9/forests/allegh= eny/ and by clicking on the link=20 for the Transition EIS. Possible Alternatives Alternatives are likely to include authorization of reasonable=20 access for site-specific proposals to develop reserved and outstanding=20 mineral rights within the Allegheny National Forest, using the=20 alternative standards and guidelines that are being considered as part=20 of the current Allegheny National Forest Plan Supplemental=20 Environmental Impact process and other site-specific mitigations as=20 provisions to mitigate impacts to surface resources. Alternative=20 standards and guidelines that are being considered can be found at=20 http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3Dleaving= FR.html&log=3Dlinklog&to=3Dhttp://www.fs.fed.us/r9/forests/allegh= eny/ and by clicking on the link=20 for the Transition EIS. For the purpose of analysis and disclosure of environmental,=20 social, and economic effects, denying reasonable access to reserved and=20 outstanding mineral rights will serve as the No-action alternative. The=20 No-action alternative will only serve as a baseline for comparing=20 effects of other alternatives considered, as the Forest Service=20 acknowledges that it lacks the legal authority to deny reasonable=20 access to reserved and outstanding mineral rights without engaging in a=20 taking of private property rights. Lead and Cooperating Agencies The lead agency for this proposal is the USDA Forest Service. The=20 U.S. Environmental Protection Agency, U.S. Bureau of Land Management,=20 and Pennsylvania Department of Environmental Protection will be invited=20 to become cooperating agencies for this proposal. Responsible Official The Responsible Official for the decision is the Allegheny National=20 Forest Supervisor, Leanne M. Marten. Nature of Decision To Be Made The decisions to be made by the Forest Supervisor are (1) what=20 mitigations, if any, to apply in the authorization of reasonable access=20 for site-specific proposals to develop reserved and outstanding mineral=20 rights within the Allegheny National Forest; (2) what design criteria,=20 review process, and mitigations, if any, to apply in the authorization=20 of reasonable access for future site-specific proposals to develop=20 reserved and outstanding mineral rights within the Allegheny National=20 Forest. Permits or Licenses Required The Forest Service is not required to obtain any permits or=20 licenses in order to implement this proposal. Scoping Process This Notice of Intent initiates the scoping process, which guides=20 the development of the environmental impact statement. Public comment=20 and involvement opportunities for this project can be found at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3Dleaving= FR.html&log=3Dlinklog&to=3Dhttp://www.fs.fed.us/r9/forests/allegh= eny/. Upon entering this Web site, there=20 is a link for the Transition EIS that will provide information=20 pertaining to this project. It is important that reviewers provide their comments at such times=20 and in such manner that they are useful to the agency's preparation of=20 the environmental impact statement. Therefore, comments should be=20 provided prior to the close of the comment period and should clearly=20 articulate the reviewer's concerns and contentions. The submission of=20 timely and specific comments can affect a reviewer's ability to=20 participate in subsequent administrative appeal or judicial review. Dated: June 16, 2009. Leanne M. Marten, Forest Supervisor. [FR Doc. E9-14545 Filed 6-19-09; 8:45 am] BILLING CODE 3410-11-P