[Federal Register Volume 65, Number 124 (Tuesday, June 27, 2000)]
[Notices]
[Pages 39596-39597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16172]


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DEPARTMENT OF AGRICULTURE

Forest Service


Oil and Gas Leasing, Finger Lakes National Forest, Seneca and 
Schuyler Counties, NY

AGENCY: USDA Forest Service.

ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: Proponents have requested the Bureau of Land Management 
Eastern States Office to offer for lease the Federal oil and gas 
resources found within the Finger Lakes National Forest. The Mineral 
Leasing Act for Acquired Lands (Act of August 7, 1947) requires U.S. 
Department of Agriculture Forest Service consent prior to the leasing 
of an acquired mineral estate in National Forest System lands. The 
Forest Service further has the right to specify terms and conditions 
under which a lease will be issued to protect the surface resources and 
to provide for their continued use for other program purposes. The BLM 
has requested consent from the Forest Service to lease these lands. The 
1986 Finger Lakes National Forest Land and Resource Management Plan 
determined that these lands are administratively available for oil and 
gas leasing with certain stipulations.
    The Forest Service and BLM have determined that an Environmental 
Impact Statement is necessary to assess the environmental impacts that 
may occur as a result of leasing Federal lands for the exploration, 
development and production of oil and gas on the Finger Lakes National 
Forest, and reaffirm the availability decision. The range of potential 
post-leasing impacts will be based on the Reasonable Foreseeable 
Development Scenario (RFDS).
    The decision to be made by the Forest Service is whether or not to 
provide consent to the Bureau of Land Management to offer National 
Forest System lands for competitive oil and gas leasing, and identify 
any stipulations required for protection of surface resources and for 
access, construction, or use and protection of existing roads. If 
consent is given, the Bureau of Land Management will use the EIS to 
make leasing decision on Finger Lake National Forest and split estate 
lands.

DATES: Written comments concerning the scope of the analysis should be 
received by July 28, 2000 to ensure timely consideration. The Forest 
Service will also conduct one or more public scoping meetings regarding 
this leasing proposal. The public will be notified as to the date, time 
and location of these meetings as they are scheduled.

ADDRESSES: Please send written comments to: Martha Twarkins, District 
Ranger, Finger Lakes National Forest, 5218 State Route 414, Hector, New 
York 14841

FOR FURTHER INFORMATION CONTACT: Contact Martha Twarkins either by 
writing to her at the Finger Lakes National Forest, 5218 State Route 
414, Hector, New York 14841 or by telephone at (607) 546-4470 Ext: 314 
if you have questions about the project and the preparation of the EIS 
or if you would like to be on the mailing list for this project.

SUPPLEMENTARY INFORMATION: The project area is located within Seneca 
and Schuyler Counties of New York. It encompasses approximately 16,176 
acres of the Finger Lakes National Forest. There are also private lands 
where the United States owns the mineral rights, except gold and silver 
(split estate land). These lands encompass 47.35 acres, more or less, 
and will also be considered for leasing and will be analyzed as part of 
the project area.
    The RFDS includes a reasonable projection of post-lease oil and gas 
development for each alternative. This projection includes potential 
number of wells, production facilities and equipment, acres disturbed, 
and typical operations. These reasonable foreseeable post-leasing 
activities will be used to assess potential impacts associated with 
leasing Federal oil and gas resources on the Finger Lakes National 
Forest.
    The 1986 Finger Lakes National Forest Land and Resource Management 
Plan determined that these public and private lands are 
administratively available for oil and gas leasing with certain 
stipulations. Typical restrictions found in the Forest Plan include no 
surface occupancy: (1) On open water, streams and riparian areas; (2) 
on wet, steep, and shallow soils; (3) on municipal watersheds; (4) on 
administrative sites; (5) on range; (6) on or within 200 feet of 
designated trails; (7) on developed recreational areas; (8) on Special 
Areas (Management Area 8.1); and (9) on lands within Management Area 
9.2. There are no outstanding oil and gas mineral rights or mineral 
withdrawals.
    Public participation has been and will be an integral component of 
the study process, and will be especially important at several points 
during the analysis. The first is during the scoping process. The 
Forest Service will be seeking information, comments and assistance 
from federal, state county and local agencies, individuals and 
organizations that may be interested in or affected by the proposed 
activities. Initial public scoping was held on March 3, 1999 and April 
13, 1999, and an open house was held on May 18, 1999. Preliminary 
issues identified for analysis in the EIS include the potential effects 
on: (1) Threatened, endangered and sensitive species; including the 
Federally-listed Indiana bat, Henslow's sparrow, and grasshopper 
sparrow; (2) grazing; (3) surface and groundwater, including the 
cumulative effects to the Forest's watersheds; (4) heritage

[[Page 39597]]

resources; (5) recreation opportunities; (6) visual quality; (7) noise; 
(8) air quality; (9) economic and social conditions; and (10) public 
safety.
    Based on the results of scoping and the resource conditions within 
the project area, alternatives (including a no-action alternative) will 
be developed for the Draft EIS. There may be stipulations that require 
a minor amendment to the Forest Plan. The Draft EIS is expected to be 
filed with the U.S. Environmental Protection Agency (EPA) and be 
available for review in March 2001. At that time, 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 EPA's 
Notice of Availability appears in the Federal Register. The final EIS 
is anticipated in August 2001.
    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 
the draft EIS 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 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 Cir. 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 that publics interested in 
this proposed action participate by the close of the 45 day comment 
period on the draft EIS, so that substantive comments and objections 
are made available to the Forest Service at a time when the agency can 
meaningfully consider and respond to them in the final EIS.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments should be as specific as 
possible. Interested parties 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.
    Lead and Cooperating Agencies: The USDA Forest Service, Finger 
Lakes National Forest is the lead agency for preparation of this 
document. The Bureau of Land Management is a cooperating agency on this 
project.
    Responsible Officials: Paul K. Brewster, Forest Supervisor, Green 
Mountain and Finger Lake National Forests, is the responsible Forest 
Service official. James W. Dryden, Manager, Milwaukee Field Office, 
Bureau of Land Management is the responsible BLM official. In making 
the decisions, the responsible officials will consider the comments; 
responses; disclosure of environmental consequences; and applicable 
laws, regulations and policies. The responsible officials will state 
the rationale for the chosen alternative in the Records of Decision.

    Dated: June 20, 2000.
Paul K. Brewster,
Forest Supervisor.
[FR Doc. 00-16172 Filed 6-26-00; 8:45 am]
BILLING CODE 3401-11-P