[Federal Register Volume 61, Number 185 (Monday, September 23, 1996)]
[Notices]
[Pages 49726-49727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24263]


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DEPARTMENT OF AGRICULTURE

Forest Service

DEPARTMENT OF THE INTERIOR

Bureau of Land Management


Oil and Gas Leasing Analysis; Helena & Deerlodge National Forest, 
in Lewis and Clark, Powell, Jefferson, Broadwater, and Meagher 
Counties, MT

AGENCIES: Forest Service, USDA & Bureau of Land Management, USDI.

ACTION: Intent to prepare a supplement to the Final Environmental 
Impact Statement (FEIS) for the Helena National Forest and Elkhorn 
Portion of the Deerlodge National Forest Oil and Gas Leasing Analysis.

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SUMMARY: USDA Forest Service and USDI Bureau of Land Management will 
prepare a supplement to the FEIS to disclose the potential cumulative 
impacts of oil and gas leasing and other reasonably foreseeable 
projects that have arisen since the FEIS was completed in April, 1995. 
A year elapsed between completion of the FEIS and publication of the 
Record of Decision (ROD), and new project proposals had arisen in the 
interim. The cumulative effects of these reasonably foreseeable 
projects have not been fully disclosed. This information will be added 
to previous information for the decision makers as they reconsider 
their decisions. The area covered by this supplement includes National 
Forest and split estate lands with Federal mineral ownership within the 
Helena National Forest and the Elkhorn Mountains portion of the 
Deerlodge National Forest.
    The original Notice of Intent to prepare an Environmental Statement 
was published in the Federal Register, December 1, 1992, Volume 57, No. 
231 page 55900. An amendment to this Notice of Intent was published in 
the Federal Register, August 19, 1993, volume 58, No. 159 page 44159. 
The Record of Decision was signed on February 12, 1996 by Forest 
Supervisor Thomas J. Clifford; and February 14, 1996 by BLM State 
Director Larry E. Hamilton. The Notice of availability of the Oil & Gas 
leasing decisions for the Helena Forest and Elkhorn Mountain portions 
of the Deerlodge National Forest was filed March 5, 1996. This 
decisions was appealed through both the Forest Service and Bureau of 
Land Management administrative appeals processes. The BLM filed a 
motion for remand on June 27, 1996 and the BLM decisions were set aside 
by Administrative Judge John H. Kelly on July 9, 1996. Acting Helena 
Forest Supervisor Jim Guest withdrew the Forest Service decisions on 
July 30, 1996. This will allow the potential cumulative impacts of oil 
and gas leasing and other reasonably foreseeable projects that have 
arisen since the EIS was published to be analyzed and considered
    The purpose of the project remains the same as stated in the 1995 
FEIS. The Forest Service will decide which lands are available for 
lease and what mitigating stipulations apply for oil and gas 
exploration and development. The Forest Service proposes to make minor 
modifications from the preferred alternative displayed in the February 
14, 1996 decision. The modifications include increasing the 
administratively unavailable acres in the Tenmile area (Helena 
municipal water supply) and increasing the No. Surface Occupancy acres 
within the Black Mountain area. These changes are proposed following 
discussions with appellants as part of the administrative appeals 
process. Other than the above, issues and alternatives remain the same 
as disclosed in the 1995 FEIS.
    No additional scoping to identify issues and concerns is planned 
prior to the release of the supplement to the Environmental Impact 
Statement. However, the Forest Service and Bureau of Land Management 
would like to receive information relating to possible changed 
conditions that may affect leasing decisions and were not considered 
during the analysis disclosed in the original document.
    The agencies are aware of the following reasonably foreseeable 
proposals and projects which may affect the area under consideration 
for leasing.

Mining/mine Reclamation

--Diamond Hill T7N, R1W
--Santa Fe Gold T6N, R2-3N
--Charter Oak Rehabilitation, T9N, R7W
--Vosberg Reclamation T7N, R1W

Vegetation Manipulation

--Poorman T13N, R7-8N
--North Elkhorns T8-9N, R2W
--Bull Sweats T11-12N, R1-2W
--Jericho Salvage T8N, R6W
Elkhorn Travel Plan T6-9N, R1E, R1-3W
Tizer/Park Lake Exchange T8N, R5W; T7N, R2W

DATES: Written comments and suggestions on new circumstances, or new 
information relevant to environmental concerns with a bearing

[[Page 49727]]

on this proposed project, or its impacts, should be received by no 
later than October 23, 1996. A Draft Supplement is scheduled for 
release in November, 1996. A Final Supplement to the EIS is scheduled 
for release in February, 1997.

ADDRESSES: Submit written comments and suggestions to Forest 
Supervisor, Helena National Forest, 2880 Skyway Drive, Helena, Mt. 
59601.

FOR FURTHER INFORMATION CONTACT: Tom Andersen, Helena National Forest, 
2880 Skyway Drive, Helena, Mt. 59601; phone (406) 449-5201 ext 277.

The Forest Supervisor for the Helena National Forest has been assigned 
the task of completing the Supplement. The responsible officials who 
will make the leasing decisions are: Thomas J. Clifford, Forest 
Supervisor, Helena National Forest, 2880 Skyway Drive, Helena, Mt 
59601; and Larry E. Hamilton, State Director, USDI-Bureau of Land 
Management, Montana State Office, 222 North 32nd Street, PO Box 36800, 
Billings, MT 59107-6800.
    They will decide on this proposal after considering comments, 
responses, and environmental consequences discussed in the FEIS 
(released March 4, 1996), information contained in this Supplement, 
(scheduled for release January, 1997) and applicable laws, regulations, 
and policies. The decision, rationale for the decision, and responses 
to comments received, will be documented in the FEIS supplement, and in 
a Record of Decision (ROD).
    The comment period on the draft supplement will be 45 days from the 
date the Environmental Protection Agency publishes the notice of 
availability in the Federal Register.
    The Forest Service and Bureau of Land Management believe, 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 supplements must structure their 
participation on the environmental review of the proposal so that it is 
meaningful and alerts an agency to the reviewer's position and 
contentions. Vermont Yankee Power Corp. v. NRDC, 435 U.S. 519,553 
(1978). Also, environmental objections that could be raised at the 
draft supplement stage but that are not raised until after completion 
of the final supplement may be waived or dismissed by the courts. City 
of Angoon v. Hodel, 803 F.2d 1016, 1022 (9th Cir. 1986) and Wilson 
Heritages, Inc. v. Harris, 490, F. Suppl 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 objectives are made 
available to the Forest Service at a time when it can meaningfully 
consider them and respond to them in the final supplement.
    To assist the Forest Service and Bureau of Land Management in 
identifying and considering concerns on the proposed action, comments 
on the draft supplement should be as specific as possible. It is also 
helpful if comments refer to specific pages of the draft supplement. 
Comments may also address the adequacy of the draft supplement. 
Reviewers may wish to refer to the Council of Environmental Quality 
Regulations for implementing the procedural provisions of the National 
Environmental Policy Act at 40 CFR 1503.3 in addressing these points.

    Dated: August 21, 1996.
James E. Guest,
Acting Forest Supervisor, Helena National Forest.
[FR Doc. 96-24263 Filed 9-20-96; 8:45 am]
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