[Federal Register Volume 59, Number 37 (Thursday, February 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4134]


[[Page Unknown]]

[Federal Register: February 24, 1994]


                                                    VOL. 59, NO. 37

                                        Thursday, February 24, 1994
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DEPARTMENT OF AGRICULTURE

Forest Service

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

 

Oil and Gas Leasing; Lewis and Clark National Forest, MT

AGENCIES: Forest Service, USDA, and Bureau of Land Management, 
Interior.

ACTION: Notice of Intent to prepare an Environmental Impact Statement.

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SUMMARY: The Forest Service and the Bureau of Land Management (BLM) 
will prepare an Environmental Impact Statement (EIS) to disclose the 
impacts of proposed oil and gas leasing on the Lewis and Clark National 
Forest. The Forest Service and the BLM will be joint lead agencies for 
this EIS (40 CFR 1501.5). The EIS will be designed to satisfy the 
requirements of the Federal Onshore Oil and Gas Leasing Reform Act of 
1987 and implementing regulations (36 CFR 228.102).

DATES: Initial comments concerning the scope of the analysis should be 
received in writing no later than March 31, 1994.

ADDRESSES: Send written comments to John D. Gorman, Forest Supervisor, 
Lewis and Clark National Forest, P.O. Box 869, Great Falls, MT 59403.

FOR FURTHER INFORMATION CONTACT: Robin Strathy, Environmental Analysis 
Team Leader, Lewis and Clark National Forest, as above, or phone: (406) 
791-7726.

SUPPLEMENTARY INFORMATION: The Forest Service proposes to make certain 
lands within the Lewis and Clark National Forest administratively 
available for oil and gas leasing, subject to constraints specified in 
the 1986 Lewis and Clark National Forest Land and Resource Management 
Plan. The Forest Service also proposes to authorize the BLM to offer 
those lands for lease, subject to specified stipulations. Both the 
administratively-available decision, and the leasing decision for 
specific lands are being made. The BLM will decide whether to offer the 
specific lands for lease subject to the Forest Service ensuring that 
correct stipulations will be attached to leases issued by BLM. In cases 
where the surface resources are not managed by the federal government 
but the minerals are federally owned (split estate), the BLM will also 
decide whether or not to offer these mineral rights for lease and what 
stipulations to apply. Except where stipulations prohibit all surface 
use, operations and development may be allowed on the leased lands. 
Such activity is subject to the operator obtaining an approved Surface 
Use Plan of Operations from the Forest Service in accordance with 36 
CFR, subpart E, 228.106 and 228.107.
    The EIS will examine the effects of the proposal to implement the 
oil and gas leasing direction in the 1986 Lewis and Clark Forest Plan 
and additional alternatives. The primary purpose of this analysis is to 
determine which lands should be available for leasing, what 
stipulations should be applied to any leases, and which specific lands 
should be offered for lease at this time.
    Lands affected are within the boundaries of the Lewis and Clark 
National Forest. These lands encompass several mountain ranges south 
and east of Great Falls, Montana (including the Little Belt, Highwood, 
Castle, north Crazy, Big and Little Snowy Mountains), as well as the 
eastern Front Range of the Rocky Mountains west of Choteau, Montana. By 
regulation, several classes of National Forest System lands are 
considered legally unavailable for leasing at this time, and will be 
considered unavailable for lease under all alternatives in the 
analysis. On the Lewis and Clark Forest, these lands include existing 
wilderness, specifically the Bob Marshall-Scapegoat Wilderness complex. 
Also unavailable are those lands recommended for wilderness in the 
Lewis and Clark Forest Plan, which includes about 51,800 acres on the 
Rocky Mountain Division adjacent to the Bob Marshall and Scapegoat 
Wildernesses. These lands are described in the Lewis and Clark Forest 
Plan as the Renshaw, South Fork and West Fork of the Teton, and Silver 
King-Falls Creek areas. In addition, lands proposed for wilderness 
study under the Montana Wilderness Study Act (Pub. L. 95-150) are not 
available for oil and gas leasing. This includes 92,000 acres in the 
Middle Fork of the Judith River Wilderness Study Area in the Little 
Belt Mountains, and 98,000 acres in the Big Snowy Mountain Wilderness 
Study Area.
    This analysis is required by the Federal Onshore Oil and Gas 
Leasing Reform Act of 1987 and implementing regulations promulgated in 
1990 (36 CFR 228.102).
    Potential issues that have been identified to date are the effects 
of oil and gas activities on:

1. Threatened and endangered species.
2. Sensitive fish, wildlife, and plant species.
3. Big game wildlife species.
4. Water quality.
5. Soil resources.
6. Inventoried roadless areas.
7. Indian rights and religious practices.
8. Dispersed and developed recreation opportunities.
9. Heritage resources.
10. Social and economic impacts to local and area communities.
11. Consistency with Forest Plan goals and objectives.
12. Lands considered in wilderness legislation.
13. Scenic byways.
14. Municipal watersheds.
15. Experimental Forest.
16. Noxious weeks.

    The Lewis and Clark Forest Plan provides direction for the use of 
stipulations to be attached to leases in order to comply with Forest 
Plan goals and objectives. As outlined in the Forest Plan, no-surface 
occupancy (NSO) is recommended for lands where oil and gas development 
could conflict with riparian values, wetlands and floodplains, as well 
as on slopes greater than 60%. The Forest Plan calls for no-surface 
occupancy to protect existing uses such as powerlines, irrigation 
canals, and cemeteries, and developed recreation sites, as well as the 
area above Gibson Dam on the Sun River. Areas identified in the Forest 
Plan as Research Natural Areas also require the NSO stipulation. The 
Ford Creek Plateau area on the Rocky Mountain Division would be 
available only for no-surface occupancy leasing for the first decade of 
the Forest Plan.
    The Plan also identifies areas for which timing restrictions on 
activity would be stipulated to protect resource values such as 
threatened and endangered species habitat, sensitive species habitat, 
big game seasonal ranges, and raptor nest sites. NSO is recommended in 
areas where more than one key wildlife habitat is present and the 
combined seasons of use leaves no opportunity for oil and gas 
occupancy.
    In addition, the Lewis and Clark Forest Plan identifies resource 
concerns requiring special operating constraints, such as landtypes 
susceptible to moderate-severe cut-bank failure potential, semi-
primitive recreation areas, Experimental Forests, and municipal 
watersheds. A stipulation controlling surface use would be applied to 
leases with these resource concerns.
    Under the Forest Plan, stream segments eligible for ``wild'' status 
under the Wild and Scenic Rivers Act of 1968 will not be offered for 
lease. Most of these stream segments are within existing wilderness 
areas, but on those segments outside of designated wilderness on 
Forest, lands unavailable for lease include areas within \1/4\ mile 
either side of segments of the South Fork of the Sun River, the 
Dearborn River, and North Fork Birch Creek.
    Public participation will be important to the analysis. Part of the 
goal of public involvement is to identify additional issues and to 
refine the preliminary issues identified above. People may visit with 
Forest Service officials at any time during the analysis and prior to 
the decision. However, two periods are specifically designated for 
comments on the analysis: (1) During the scoping process and (2) during 
the Draft EIS (DEIS) comment period.
    During the scoping process, the Forest Service is seeking 
information and comments from Federal, State, and local agencies and 
other individuals or organizations who may be interested in or affected 
by the proposed action. A scoping document will be prepared and mailed 
to parties known to be interested in the proposed action by February 
25, 1994. The agency invites written comments and suggestions on this 
action, particularly in terms of identification of issues and 
alternative development. In addition, public open houses will be held 
during the scoping period: on Monday, February 28 from 5 p.m. to 8 p.m. 
at the Kings Hill Ranger District Office in White Sulphur Springs, MT; 
on Wednesday, March 2, from 6 p.m. until 9 p.m. at the Great Falls 
Civic Center in Great Falls, MT; on Monday, March 14, from 6 p.m. to 9 
p.m. at the Holiday Inn in Missoula, MT; on Tuesday, March 16, from 6 
p.m. to 9 p.m. at the Little Flower Parish in Browning, MT; and on 
Wednesday, March 17, from 6 p.m. to 9 p.m. at the Choteau Public 
Library in Choteau, MT.
    In addition to the proposed action, a range of alternatives will be 
developed in response to issues identified during scoping. This 
includes the no-action alternatives required by NEPA in which no 
leasing would be authorized at this time. The Forest Service will 
analyze and document the direct, indirect, and cumulative effects of 
all alternatives. Stipulations will be developed to mitigate effects 
and protect other resources, and the effectiveness of those 
stipulations will be assessed.
    The BLM and Forest Service are jointly preparing a Reasonably 
Foreseeable Development (RFD) scenario to predict the level and type of 
oil and gas activity anticipated to occur for the 10-15 year period 
following leasing. The RFD is based on known geologic, economic, and 
technical information for the local area. This RFD will be used to 
analyze the effects of the proposed action and alternatives.
    The Forest Service will continue to involve the public and inform 
interested and affected parties on how to participate and contribute to 
the final decision. Another formal opportunity for response will be 
provided following completion of a Draft EIS.
    The Draft EIS should be available for review in the fall of 1994. 
The Final EIS is scheduled for completion in September 1995.
    The comment period on the Draft EIS will be 45 days from the date 
the Environmental Protection Agency publishes the Notice of 
Availability in the Federal Register.
    The Forest Supervisor for the Lewis and Clark National Forest has 
been assigned the task of compiling the EIS. However, the officials 
responsible for making the decision resulting from the analysis are: 
David F. Jolly, Northern Region Regional Forester, Federal Building, 
200 E. Broadway, P.O Box 7669, Missoula, MT 59807; and State Director, 
USDI-Bureau of Land Management, Montana State Office, 222 North 32nd 
Street, P.O. Box 36800, Billings, MT 59107-6800.
    They will decide on an alternative to be implemented after 
considering comments and responses, environmental consequences 
discussed in the Final EIS, and applicable laws, regulations, and 
policies. The decision and reasons for the decision will be documented 
in a Record of Decision.
    The comment period on the Draft Environmental Impact Statement will 
have 45 days from the date the Environmental Protection Agency 
publishes the Notice of Availability in the Federal Register.
    The Forest Service believes, at this early stage, it is important 
to give reviewers notice of several court rulings related to public 
participation in the environmental review process. First, reviewers of 
draft environmental impact statements must structure their 
participation in the environmental review of the proposal so it is 
meaningful and alerts an agency to the reviewer's position and 
contentions (Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 
553 (1978). Also, environmental objections that could be raised at the 
draft environmental impact statement stage but are not raised until 
after completion of the final environmental impact statement may be 
waived or dismissed by the courts. City of Angoon v. Hodel, 803 F. 2d 
1016, 1022 (9th Cr. 1986) and Wisconsin Heritages, Inc. v. Harris, 490 
F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, 
it is very important those interested in this proposed action 
participate by the close of the 45-day comment period so substantive 
comments and objections can be made available to the Forest Service at 
a time when it can meaningfully consider and respond to them in the 
Final Environmental Impact Statement.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments during the scoping period 
should be as specific as possible. Initial comments concerning the 
scope of the analysis should be mailed to John D. Gorman, Forest 
Supervisor by March 31, 1994. When the Draft EIS is released, it is 
also helpful if comments refer to specific pages or chapters in the 
draft document. Comments may also address the adequacy of the Draft EIS 
or the merits of the alternatives formulated and discussed in the 
statement. Reviewers may wish to refer to the Council on Environmental 
Quality Regulations for implementing the procedural provisions of the 
National Environmental Policy Act at 40 CFR 1503.3 in addressing these 
points.

    Dated: February 17, 1994.
John D. Gorman,
Forest Supervisor.
[FR Doc. 94-4134 Filed 2-23-94; 8:45 am]
BILLING CODE 3410-11-M