[Federal Register Volume 62, Number 108 (Thursday, June 5, 1997)]
[Notices]
[Pages 30885-30886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14675]


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INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO


Availability of Final Programmatic Environmental Assessment and 
Finding of No Significant Impact

AGENCY: United States Section, International Boundary and Water 
Commission, United States and Mexico.

ACTION: Notice of availability of final programmatic environmental 
assessment and finding of no significant impact.

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SUMMARY: Pursuant to section 102(2)(C) of the National Environmental 
Policy Act of 1969; the Council on Environmental Quality Final 
Regulations (40 CFR Parts 1500 through 1508); and the Operational 
Procedures of the United States Section, International Boundary and 
Water Commission, United States and Mexico (USIBWC), for Implementing 
Section 102 of NEPA, published in the Federal Register September 2, 
1981 (46 FR 44083-44094); the USIBWC hereby gives notice that the Final 
Programmatic Environmental Assessment (PEA) and Final Finding of No 
Significant Impact (FONSI) to address the potential adverse 
environmental impacts of oil and natural gas development within the 
Falcon Dam and Reservoir Project, Starr and Zapata counties, Texas are 
available. The USIBWC finds that the proposed action to grant 
exceptions to its policy of prohibiting development within the 
reservoir is not a major federal action that would have a significant 
adverse effect on the quality of the human environment. A Notice of 
FONSI was signed February 10, 1997, and published in the Federal 
Register on February 19, 1997 (62 FR 7475-7477) for a thirty (30) day 
review and comment period.

ADDRESSES: Mr. Yusuf E. Farran, Division Engineer, Environmental 
Management Division, United States Section, International Boundary and 
Water Commission, United States and Mexico, 4171 North Mesa Street, C-
310, El Paso, Texas 79902-1441. Telephone: 915/534-6704.

SUPPLEMENTARY INFORMATION:

Proposed Action

    The action proposed is for the USIBWC to grant exceptions on a 
case-by-case basis to its policy of prohibiting oil and gas development 
upon USIBWC real property within Falcon Reservoir. The proposed action 
would alter USIBWC policy so that limited exceptions may be granted in 
appropriate cases, allowing some oil and gas exploration and 
development on USIBWC real property located below the 307-foot 
elevation traverse (the United States property line also called the 
``307-foot traverse'') within Falcon Reservoir but above the 307-foot 
mean sea level elevation.

Alternatives Considered

    Two alternatives were considered in the Final Programmatic 
Environmental Assessment (PEA):
    The Proposed Action Alternative is for the USIBWC to grant 
exceptions to its policy of prohibiting oil and natural gas development 
upon USIBWC real property within Falcon Reservoir on a case-by-case 
basis. If the USIBWC makes the determination to allow exceptions to 
this prohibition, the United States Bureau of Land Management (BLM), 
the federal authorizing agency which approves applications for permits 
to drill for federal reserves, could then approve applications to drill 
from sites below the 307-foot traverse property line for oil and gas 
reserves located within the reservoir. Separate environmental 
assessments would then be prepared by project proponents tiered from 
this PEA to address the specific impacts of drilling for oil and 
natural gas at specific locations within the reservoir, and the USIBWC 
would consider issuing land use permits to ensure that such works do 
not interfere with the operation and maintenance of the Falcon Dam and 
Reservoir Project.
    The No Action Alternative is for the USIBWC to not grant any 
exceptions to its policy of prohibiting oil and natural gas development 
upon USIBWC real property within Falcon Reservoir. BLM would only be 
able to approve applications for permits to drill from sites above the 
307-foot traverse property line; hence outside the reservoir. Project 
proponents would need to consider use of alternative means to recover 
private and public natural gas reserves within the reservoir. Since no 
oil and natural gas development would be done within the Falcon 
Reservoir, the USIBWC would not issue land use permits to project 
proponents. The no action alternative would result in no development 
below the 307-foot traverse for private and public reserves in the 
reservoir; avoidance of any potential impacts associated with the 
proposed action; the loss of tax and royalty revenues to the local, 
state and federal governments; the loss of royalty revenues to mineral 
owners; and the loss of an otherwise recoverable clean energy source.

Programmatic Environmental Assessment

    TransTexas Gas Corporation (TransTexas) requested the USIBWC to 
grant them permission to construct a drill pad site on an island above 
the 307-foot mean sea level elevation located within USIBWC real 
property below the 307-foot traverse within Falcon Reservoir for the 
purpose of drilling natural gas wells. The USIBWC began coordination 
with BLM, and BLM indicated it would not approve the application for 
permit to drill until the USIBWC determined whether it would waive the 
stipulation that prohibits oil and natural gas development within the

[[Page 30886]]

reservoir. Both agencies agreed that due to a lack of both funding 
resources and human resources for an agency produced environmental 
document and an immediate need by TransTexas to gain access to private 
and public reserves within the reservoir, a third party environmental 
analysis would be acceptable for determination of the significance of 
the impacts of the federal action of the USIBWC granting exceptions to 
its policy of prohibiting any mineral exploration or development within 
its property at Falcon Reservoir.
    The Final PEA prepared by contract by TransTexas describes the 
historical and existing development of oil and natural gas in the 
general vicinity (but above the 307-foot traverse property line) of the 
reservoir area and the planned oil and natural gas activities within or 
adjacent to potential drill sites on the United States side of the 
international reservoir in the reasonably foreseeable future. It 
analyzes the general impacts expected from such development in the 
foreseeable future and the cumulative environmental impacts of oil and 
natural gas development within Falcon Reservoir. The Final PEA 
discusses mitigation measures to minimize degradation of environmental 
resources within and adjacent to the reservoir. The PEA is envisioned 
to serve as a baseline environmental document from which other drilling 
proponents and permit applicants will be able to tier site specific 
environmental assessments for similar activities within the reservoir 
area. The USIBWC reviewed and approved the completed Final PEA for 
proposed oil and gas development within the reservoir, and it is 
currently available.

Finding of the Programmatic Environmental Assessment

    The Final PEA finds that the proposed action for the USIBWC to 
grant exceptions to its policy of prohibiting oil and natural gas 
development upon USIBWC real property below the 307-foot traverse 
property line at Falcon Reservoir but above the 307-foot mean sea level 
elevation does not constitute a major federal action which would cause 
a significant local, regional, or national adverse impact on the 
environment. The USIBWC has determined that an environmental impact 
statement is not required and hereby provides notice of FONSI based on 
the following facts:
    1. Construction, drilling and production activities at potential 
well pad sites will have no significant adverse impacts on air quality. 
Standard construction practices to control fugitive dust would be 
utilized.
    2. The slight impacts from construction, drilling and production 
activities associated with noise at potential well pad sites are fully 
mitigable through vegetative buffer zones, equipment noise suppressors, 
and avoidance of critical wildlife use periods.
    3. Negligible impacts to geologic and water resources are mitigable 
through the use of erosion and sediment control measures and devices, 
secondary containment measures, best management practices during all 
phases of site development, and use of site specific spill prevention 
control and countermeasure plans.
    4. Biological resources will be protected from impacts by total 
avoidance of clearing within heavy brush corridors, animal exclusion 
fences around drill pad locations, site specific surveys for threatened 
and endangered plant and animals, and monitoring plans coordinated by 
the appropriate federal and state conservation agencies.
    5. Impacts to cultural resources can be mitigated through avoidance 
of sites determined to be eligible for the National Register of 
Historic Places and if avoidance is not viable, implementation of a 
Memorandum of Agreement for mitigating impacts will be necessary prior 
to BLM approval of applications for permits to drill, USIBWC issuance 
of land use permits, and any development at potential drill sites.
    6. Negligible impacts associated with land use and transportation 
will not require additional mitigation.
    7. Negligible impacts associated with visual resources are 
mitigable through properly placed night lighting, unobtrusive painting 
of facilities, and alignment of access road and utility corridors for 
limited views of individual project facilities.

Availability

    Copies of the Final PEA and Final FONSI are available for public 
review at the USIBWC Falcon Dam Field Office, Falcon Road, Falcon 
Heights, Texas 78545, and have been distributed to Federal, State, and 
local agencies, organizations and individuals that have commented on or 
have been consulted and coordinated with in the preparation of the PEA. 
A limited number of copies are available to fill single copy requests 
at the above address.

    Dated: May 29, 1997.
Randall A. McMains,
Attorney.
[FR Doc. 97-14675 Filed 6-4-97; 8:45 am]
BILLING CODE 4710-03-M