[Federal Register Volume 61, Number 44 (Tuesday, March 5, 1996)]
[Notices]
[Pages 8565-8566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5023]



 ========================================================================
 Notices
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
 and investigations, committee meetings, agency decisions and rulings, 
 delegations of authority, filing of petitions and applications and agency 
 statements of organization and functions are examples of documents 
 appearing in this section.
 
 ========================================================================
 

  Federal Register / Vol. 61, No. 44 / Tuesday, March 5, 1996 / 
Notices  

[[Page 8565]]


DEPARTMENT OF AGRICULTURE

Forest Service


Supplemental Environmental Impact Statement for the Revised Land 
and Resource Management Plan, George Washington National Forest--Oil 
and Gas Leasing in Laurel Fork Special Management Area

AGENCY: Forest Service, USDA.

ACTION: Notice; intent to prepare a supplemental Environmental Impact 
Statement.

-----------------------------------------------------------------------

SUMMARY: The Forest Service will prepare a draft and final supplement 
to the Final Environmental Impact Statement (FEIS) for the George 
Washington National Forest's Revised Land and Resource Management Plan 
(Forest Plan) filed in January 1993. The supplement is for a proposed 
action to reconsider the consent and availability decisions on oil and 
gas leasing in the Laurel Fork Special Management Area. This proposed 
action is likely to result in a nonsignificant amendment to the Forest 
Plan.
    The agency invites written comments and suggestions that are within 
the scope of the proposed action and analysis for the supplement. In 
addition, the agency gives notice of the full environmental analysis 
and decision-making process that will occur on the proposal, so those 
interested and affected may participate in the process and contribute 
to the final decision.

DATE: A draft supplement to the FEIS is expected to be available for 
public comment by June 1996. Public comments on the proposal are 
welcome prior to the draft supplement as well.

ADDRESSES: Send written comments and suggestions to William E. Damon, 
Jr., Forest Supervisor, 5162 Valleypointe Parkway, Roanoke, VA 24019-
3050.

FOR FURTHER INFORMATION CONTACT: Ken Landgraf, Planning Staff Officer 
at (540) 265-6054 or Dave Plunkett, Interdisciplinary (ID) Team Leader 
at (540) 564-8300.

SUPPLEMENTARY INFORMATION: The Revised George Washington National 
Forest Land and Resource Management Plan (Forest Plan) was approved on 
January 21, 1993. In the Forest Plan, the agency determined that the 
biological and recreational values of the Laurel Fork Special 
Management Area (SMA) can be protected while allowing oil and gas 
leasing. However, the agency has now determined that these values in 
Laurel Fork might be better maintained and enhanced under a different 
management scenario. Therefore, to avoid future conflicts over 
management of surface and subsurface resources, the agency believes 
there is a need to change the Plan to more tightly focus management on 
these values.
    Currently, the Regional Forester has given consent to the Bureau of 
Land Management (BLM) to lease the Laurel Fork area in the future for 
surface occupancy by using controlled surface use stipulations. This 
area was made available for leasing with such stipulations in the 
Revised Forest Plan.
    Laurel Fork is located in the very northwest corner of Highland 
County, about 10 miles from Monterey, Virginia.
    The agency and the public have long recognized that Laurel Fork is 
unique for its biological features not commonly found elsewhere in 
Virginia. It contains one of Virginia's finest examples of a northern 
boreal natural community of northern hardwoods and red spruce. At least 
25 species of plants and animals have their only known occurrence 
within the state there. The area contains three endangered species (the 
federally endangered Virginia northern flying squirrel, the state 
endangered snowshoe hare and water shrew). These biological features 
make visiting the area a unique recreational experience.
    The scope of this analysis is limited to the 10,000-acre Laurel 
Fork SMA (Management Area 21 and its associated riparian MA 18). The 
analysis would not cover the road corridor area (MA 7) along Forest 
Development Road 106; nor would it be for any other portion of the 
Alleghany Front Lease Area as described in the FEIS prepared for the 
Forest Plan (page 3-72).
    Within the SMA, three leases are currently known to be issued. One 
BLM lease (BLM-A-0022918) is held under a Communitization Agreement 
(CA) for as long as a well is considered capable of producing. Existing 
lease stipulations cannot be changed. Thus, the oil and gas leasing 
standard (Standard 21-4, Forest Plan page 3-115) in the Forest Plan 
does not apply to either the BLM lease or the remaining existing 
leases. Since these leases are already issued, their administration 
will be governed by post-lease procedures, specifically the Application 
for Permit to Drill (APD). Any new decisions about oil and gas leasing 
in Laurel Fork would not affect existing leases, only future leases. If 
the BLM lease were ever relinquished by the lessee, the subsurface area 
would be managed under whatever decision is reached from this analysis.
    Individuals who, in the past, have indicated an interest in the 
Laurel Fork area and the Forest's planning process will be notified 
about the scope of the proposed action and about the process to 
identify issues. General notice to the public concerning the scope of 
the proposed action will also be published in a news release.
    In preparing the draft supplement to the FEIS, the Forest Service 
will develop information pertaining to the following tentative 
alternatives:
    1. The agency proposes to both withdraw consent to the BLM for 
future oil and gas leasing in the SMA and amend the Forest Plan to make 
Laurel Fork SMA unavailable for oil and gas leasing.
    2. The agency is considering an alternative that would give consent 
to the BLM to lease the entire SMA with a ``No Surface Occupancy'' 
stipulation. The Forest Plan would be amended to allow this 
stipulation.
    3. The agency is considering an alternative that would withdraw 
consent to the BLM to lease that portion of the SMA recognized as the 
Special Biological Area; but there would be no change in the consent 
decision for the remaining portion (east of Laurel Fork stream). This 
eastern area would continue to be available for surface occupancy by 
using controlled surface use stipulations. The Forest Plan would be 
amended to make the Special Biological portion of Laurel Fork 
unavailable for oil and gas leasing.
    Alternative 8A (Revised Forest Plan), as currently discussed in the 
FEIS, would represent taking no action. The consent decision would 
remain as currently discussed in the FEIS. The 

[[Page 8566]]
current direction in the Forest Plan would not be amended. The SMA area 
would continue to be available for surface occupancy by using 
controlled surface use stipulations.
    The draft supplement to the FEIS is expected to be filed with the 
Environmental Protection Agency (EPA) and to be available for public 
review by June 1996. At that time, EPA will publish a notice of 
availability of the draft supplement in the Federal Register.
    The comment period for the draft supplement to the FEIS 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 this 
proposed action participate at that time. To be the most helpful, 
comments on the draft supplement to the environmental impact statement 
should be as specific as possible and may address the adequacy of the 
statement or the merits of the alternatives discussed (see The Council 
on Environmental Quality Regulations for implementing the procedural 
provisions of the National Environmental Policy Act at 40 CFR 1503.3).
    In addition, Federal court decisions have established that 
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 reviewers' position and 
contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 
553 (1978). Environmental objections that could have been raised at the 
draft stage may be waived if not raised until after completion of the 
final environmental impact statement. City of Angoon v. Hodel, 803 F.2d 
1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490 
F. Supp. 1334, 1338 (E.D. Wis. 1980). The reason for this is to ensure 
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.
    After the comment period ends on the draft supplement, the comments 
will be analyzed, considered, and responded to by the Forest Service in 
preparing the final supplement to the environmental impact statement. 
The final is scheduled to be completed by September 1996. The 
responsible official will consider the comments, responses, 
environmental consequences discussed in the final supplement, and 
applicable laws, regulations, and policies in making a decision 
regarding this proposal. The responsible official will document the 
decision and reasons for the decision in a Record of Decision (ROD). 
This ROD will be consistent with the scope of the environmental 
analysis in the supplement and address only the two oil and gas leasing 
decisions (consent and availability) within the Laurel Fork SMA. That 
decision will be subject to appeal under 36 CFR 217.
    The Forest Service is the lead agency. The BLM will be a 
cooperating agency in this supplement.
    The responsible official is Robert C. Joslin, Regional Forester, 
Southern Region, 1720 Peachtree Road, NW, Atlanta, Georgia 30367.

    Dated: February 23, 1996.
Robert D. Bowers,
Acting Regional Forester.
[FR Doc. 96-5023 Filed 3-4-96; 8:45 am]
BILLING CODE 3410-11-M