[Federal Register Volume 60, Number 3 (Thursday, January 5, 1995)]
[Notices]
[Pages 1765-1767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-197]



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DEPARTMENT OF AGRICULTURE
Forest Service


Bennett-Cottonwood Oil and Gas Development EIS Custer National 
Forest, McKenzie County, North Dakota

AGENCY: Forest Service, USDA.

ACTION: Notice; intent to prepare environmental impact statement.

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SUMMARY: The USDA, Forest Service, will prepare an environmental impact 
statement (EIS) to disclose the environmental effects of further oil 
and gas development in the Bennett-Cottonwood area, approximately 22 
air miles south of Watford City, North Dakota. The lands involved 
include portions of the McKenzie Ranger District, Little Missouri 
National Grasslands, Custer National Forest.

DATES: Written comments concerning the scope of the analysis must be 
received by February 21, 1995.

ADDRESSES: Written comments concerning the analysis should be sent to 
District Ranger, McKenzie Ranger District, Little Missouri National 
Grasslands, Custer National Forest, HCO 2, Box 8, Watford City, North 
Dakota, 58854.

FOR FURTHER INFORMATION CONTACT: [[Page 1766]] 
Questions about the proposed action and EIS should be directed to 
Lesley W. Thompson, District Ranger, McKenzie Ranger District. Phone 
(701) 842-2393.

SUPPLEMENTARY INFORMATION: Until recently, there has been only one 
productive oil well in the Bennett-Cottonwood area. The lease for this 
well was issued in 1970 and has been held in production since 1980 by 
Apache Corporation. It's establishment and maintenance has had little 
impact on the area.
    The high potential for oil and the development of leased mineral 
rights, as well as, private mineral rights, has resulted in the 
establishment of eight new oil wells within the area since 1991 (four 
Federal minerals and four private minerals). Successful oil production 
from these well has resulted in additional applications to drill on 
existing leases within the area.
    Since 1970, the year of the oldest lease in the area, several 
resource management plans were prepared that inventoried and analyzed 
the area. They are: the Badlands Unit Plan (1974/75); Roadless Area 
Resource Inventory (RARE II, 1979); the Custer National Forest Land and 
Resource Management Plan, EIS, and Record of Decision (June 10, 1987); 
and the Oil and Gas Leasing EIS and ROD for the Northern Little 
Missouri National Grasslands (1991).
    In addition to the noted plans, the North Dakota Game and Fish, re-
introduced bighorn sheep (California subspecies) into the Sheep Creek 
area in 1987. Bighorn sheep are a sensitive species in the Northern 
Region (R-1) of the Forest Service.
    The McKenzie Ranger District intends on preparing an EIS because 
further development in this area may significantly affect bighorn sheep 
and/or the Bennett-Cottonwood inventoried roadless area (L1DAY).
    There are a total of thirteen (13) new oil wells proposed to be 
developed within the Bennett-Cottonwood area. Of the thirteen proposed 
wells, five (5) will sit on Federal surface accessing Federal minerals, 
two (2) will sit on Federal surface accessing private minerals, two (2) 
will sit on private surface accessing Federal minerals, one (1) will 
sit on private surface accessing private minerals, two (2) will sit on 
North Dakota state surface accessing Federal minerals, and one (1) will 
sit on North Dakota state surface accessing state leased minerals. Of 
the wells noted above, three that will sit on the same parcel of 
private property will require new road construction, across the Federal 
surface, for access. This will require approval of a special use permit 
by the Forest Service.
    Forest Service decision authority is limited to the lands the 
Forest Service administers. Thus, in this instance, the Forest Service 
proposes to approve the surface use and operations plans for the 
construction of five (5) new oil wells, associated roads, and 
production facilities in the Bennett-Cottonwood area. As well as, 
consider approving a special use permit for a road to access private 
property surrounded by Federal lands within the same area. Production 
facilities includes the connection of proposed wells to an oil and gas 
pipeline system. The Forest Service will not make any decision(s) 
regarding the use of private or state lands, but must, pursuant to the 
National Environmental Policy Act, consider the cumulative effects of 
actions ``regardless of what agency (Federal or non-Federal) or person 
undertakes such other actions'' (40 CFR 1508.7).
    This is a project level decision. The project area is located in 
the following Townships, Ranges, and Sections: T146N, R100W, S(s) 3, 4, 
5, 8, 9, and 10; and T147N R100W, S(s) 22, 26, 27, 28, 32, 33, and 34. 
This is approximately 7,360 acres. The analysis area will be larger and 
will include the Bennett-Cottonwood Inventoried Roadless area and 
suitable bighorn sheep habitat for the Sheep Creek herd.
    The decision(s) to be made are to approve or deny for 
implementation, in part or whole, as submitted or modified, individual 
development actions.

Additional Resource Information

    Lands within the analysis area include portions of the following 
Townships and Ranges: T147N, R100 and 101W; T146N, R99, 100, and 101W, 
5th PM. There are approximately 28,500 acres of land within the 
analysis area boundary, including 5,440 acres of privately owned lands, 
and 1,280 acres of North Dakota state lands. There are approximately 
thirty-one (31) leases within the analysis area. The scope and area of 
the decision will include National Forest System lands or those 
administered by the U.S. Forest Service only.

Roadless Resource

    Part of the project area falls within the Bennett-Cottonwood 
inventoried roadless area. There are 13,760 acres of National Forest 
System lands within this roadless area. Its potential for wilderness 
recommendation was considered in the Forest Planning effort. In the 
Forest Plan Record of Decision, none of this area was recommended for 
wilderness consideration. Rather, approximately 4,600 acres was 
allocated to Management Area B (intensive range management), 2,900 
acres to Management Area C (key wildlife habitat area, in this case, 
bighorn sheep), and the rest to Management Area J (low development 
area).
    In the Forest Plan Record of Decision, it was recognized that 
because of existing commitments (private mineral rights and existing 
leases), it would be difficult to manage this area in an undeveloped 
state. However, the designation of Management Area C and J was 
considered the best attempt of managing for these values while still 
recognizing existing rights (CNF ROD page 20).
    The issue of oil and gas development on the roadless character of 
the area surfaced again during the Oil and Gas Leasing FEIS for the 
Northern Little Missouri National Grasslands. While the decision was to 
lease the land within the Bennett-Cottonwood Management Area C with an 
NSO stipulation, close to 60 percent of the management area was already 
leased and held by production (NLM FEIS page 3-35). Some additional 
development was envisioned in this area as a result of these existing 
leases, as shown in the Reasonably Foreseeable Development Scenario 
(RFD) that was a part of this leasing analysis (NLM FEIS page 4-6). 
Managing these lands for low development has been compromised by the 
need for access and development of existing leases and due to limited 
control of privately owned minerals under Federal Surface ownership 
(NLM ROD page 19).

Wildlife, Bighorn Sheep

    Bighorn sheep (believed to be the Audubon subspecies), once a 
native of the North Dakota badlands, disappeared from the state when 
the last reported ram was killed in 1905. The North Dakota Game and 
Fish Department began re-introducing California bighorn sheep into the 
badlands of North Dakota in 1955. Since that time nearly 260 sheep 
populate, through breeding and release, private, state, and Federal 
lands throughout western North Dakota. The Sheep Creek herd was re-
introduced near the Sheep Creek/Bennett-Cottonwood area in 1987. The 
Sheep Creek herd is comprised of approximately of 30-35 sheep and is a 
component of the Sheep Creek-Magpie metapopulation which numbers 
approximately 50 to 60 sheep.
    The Forest Service in conjunction with the North Dakota Game and 
Fish Department and some oil companies are engaged in a research study 
of bighorn sheep on the National Grasslands. One of the anticipated 
outcomes is to shed light on the effects of oil and gas 
[[Page 1767]] activities on bighorn sheep. The information gained 
through this study will be used in developing a conservation strategy 
that addresses the long term management of California bighorn sheep on 
the Little Missouri National Grasslands.
    This EIS will tier to the Custer National Forest Land and Resource 
Management Plan, EIS, and Record of Decision (1987), as amended, and 
the Oil and Gas Leasing EIS for the Northern Little Missouri National 
Grasslands and Record of Decision (1991). This is a project level 
decision and the scope of the analysis will be confined to issues 
associated with the proposed action.
    Federal, state,and local agencies, lessees, permittees, and other 
individuals or organizations interested in or potentially affected by 
the decision are invited to participate in the scoping process. Input 
to identify issues and alternatives to be addressed in this analysis 
will be gathered from the public through mailing of scoping information 
to all known interested publics.
    Based on comments made by the public on past proposals, the 
following list of preliminary environmental issues has been identified. 
This list will be confirmed of modified based on further input from the 
public.
    1. Consider the effects of oil well and associated access road(s) 
development, including Federally leased minerals and where private 
minerals are overlain by Federal surface and/or are accessed across 
Federal surface, on:
    a. Sensitive plant and/or animal species, including bighorn sheep;
    b. The Bennett-Cottonwood inventoried roadless area;
    c. Canyon lands/complexes, including riparian areas;
    d. Visual quality, especially as seen from the North Unit of 
Theodore Roosevelt National Park, and the Little Missouri Scenic River;
    e. Grazing;
    f. Private lands and access to these lands within the analysis 
area;
    g. The Maah-Daah-Hey Trail; and
    h. The transportation system.
    Alternatives to be considered in this analysis depend on the final 
list of environmental issues. The following is a list of preliminary 
alternatives.
    1. No Action, deny, or defer to a later time, further development 
within the area.
    2. Approve as submitted, applications for permit to drill (Proposed 
Action);
    3. Approve but modify, applications for permit to drill.

Release of Draft and Final EIS

    The draft environmental impact statement (DEIS) is expected to be 
filed with the Evironmental Protection Agency (EPA) and available for 
public review in May 1, 1995. At that time, the EPA will publish a 
Notice of availability of the Draft EIS in the Federal Register. The 
comment period on the Draft EIS will be 45 days from the date the EPA's 
notice of availability appears in the Federal Register. It is very 
important that those interested in management of the Bennett-Cottonwood 
area participate at this time. To be most helpful, comments on the 
Draft EIS should be as site-specific as possible. The Final EIS is 
scheduled to be completed by July 1, 1995.
    The Forest Service believes, at this early stage, it is important 
to give reviewers notice of several court rulings related to public 
participants in the environmental review process. First, reviewers of 
draft environmental impact statements must structure their 
participation in the environmental review of the proposal so that 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 that are not raised 
until after completion of the final environmental impact statement may 
be waived or dismissed by the courts. Wisconsin Heritages, Inc. v. 
Harris, 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these 
court rulings, it is very important that those interested in this 
proposed action participate by the close of the 45-day comment period 
so that substantive comments and objections are made available to the 
Forest Service at a time when it can meaningfully consider them and 
respond to them in the final environmental impact statement.
    To assist the Forest Service in identifying and considering 
tentative issues and proposed alternatives it is helpful if comments 
are as specific as possible. Reviewers may wish to refer to the Council 
on Environmental Quality Regulations for implementing the procedural 
provisions of the National Environmental Act at 40 CFR 1503.3 in 
addressing these points.
    I am the responsible official for this decision and EIS. My address 
is McKenzie Ranger District, Little Missouri National Grasslands, 
Custer National Forest, HC02 Box 8, Watford City, North Dakota 58854.

    Dated: December 29, 1994.
Lesley W. Thompson,
District Ranger.
[FR Doc. 95-197 Filed 1-4-95; 8:45 am]
BILLING CODE 3410-11-M