[Federal Register Volume 65, Number 136 (Friday, July 14, 2000)]
[Notices]
[Pages 43778-43779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17218]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[MT-022-1320-DB]


Notice of Availability

AGENCY: Bureau of Land Management (BLM), Montana, Miles City Field 
Office, Interior.

ACTION: Notice of availability of the environmental assessment, Powder 
River resource area resource mangement plan amendment (PRRA RMP), and 
request for public comment on the fair market value (FMV) and maximum 
economic recovery (MER) report for Spring Creek Coal Company, Powder 
River coal region, Big Horn County, Montana.

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

SUMMARY: The Bureau of Land Management announces the availability of 
the Environmental Assessment (EA) and RMP Amendment for Spring Creek 
Coal Company's Federal Coal Lease Application MTM 88405 and the Finding 
of No Significant Impact (FONSI) for the federal coal resources subject 
to the federal lease application. This preferred alternative would 
amend the Powder River Resource Management Plan (1985) if certain 
federal coal leasing unsuitability designations on or adjacent to the 
federal coal tracts are changed. The analysis is based on existing 
statutory requirements and will meet the requirements of the Federal 
Land Policy and Management Act (FLPMA) of 1976 and the Surface Mining 
Control and Reclamation Act (SMCRA) of 1977. The public is invited to 
submit written comments on the FMV, and MER. Notice is also given that 
a public hearing on the EA, FMV and MER will be held on Tuesday, August 
1, 2000, at 1:00 p.m., Mountain Daylight Time, at the BLM Montana State 
Office, 5001 Southgate Drive, Billings, Montana.
    On June 26, 1998, Spring Creek Coal Company (SCCC) filed an 
application with the BLM to lease a 150 acre tract containing about 
19.8 million tons of federally owned coal reserves near the Spring 
Creek Coal Mine. On June 3, 1998, Spring Creek Coal Company filed an 
application with the State of Montana Department of Natural Resources 
and Conservation (DNRC) to lease a 479 acre state owned coal tract. The 
tract, which would consist of three separate state leases, contains an 
estimated 62.1 million tons of state owned coal.
    As Co-Lead Agencies, the BLM and Montana DNRC prepared one EA to 
evaluate the impacts of coal mining which would result from leasing the 
tracts of federal and state coal.
    The resource management planning process includes an opportunity 
for review of BLM's decisions through a plan protest to the Director of 
the BLM. Any person or organization who participated in the planning 
process and has an interest which is or may be adversely affected by 
the approval of BLM's decisions in the resource management plan 
amendment may protest the plan. Careful adherence to the following 
guidelines will assist in preparing a protest which will assure the 
greatest consideration for your viewpoint.
    Only those persons or organizations who participated in the 
planning process may protest the plan.
    A protesting party may raise only those issues which were commented 
on during the planning process.
    Additional issues may be raised at any time and should be directed 
to the Miles City Field Office for consideration in plan 
implementation, as potential plan amendments, or as otherwise 
appropriate.

DATES: The protest period lasts 30 days and begins the day the Notice 
of Availability for this document is published in the Federal Register. 
There is no provision for an extension of time. Protests filed late, or 
filed with the State Director or Field Office Manager shall be rejected 
by the Director. In order to be ``timely'', your protest must be sent 
to the Director of BLM and must be postmarked no later than August 14, 
2000. Although not a requirement, sending your protest by certified 
mail, return receipt requested, is recommended.
    The comment period on the FMV and MER also lasts 30 days. Comments 
on FMV and MER must be received on or before August 14, 2000 and should 
be sent to Randy Heuscher, Chief Branch of Solid Minerals, Montana 
State Office, P.O Box 36800, Billings, Montana 59107. The public 
hearing on the EA, FMV and MER will be held on Tuesday, August 1, 2000, 
at 1:00 p.m., Mountain Daylight Time, at the BLM Montana State Office, 
5001 Southgate Drive, Billings, Montana.

ADDRESSES: All protests must be filed in writing to: Director, Bureau 
of Land Management, Attention: Miss Brenda Williams, Protests 
Coordinator, 1849 C Street N.W., WO-210/LS-1075, Department of the 
Interior, Washington, D.C. 20240.
    Overnight mail address: Director, Bureau of Land Management, 
Attention: Miss Brenda Williams, Protests Coordinator, 1620 L Street 
N.W., Room 1075, Washington, D.C. 20036.
    To expedite consideration, in addition to the original sent by 
mail, a copy may be sent by: FAX (202) 452-5112; or Email to 
[email protected].
    In order to be considered complete, your protest must contain, at a 
minimum, the following information:
    1. The name, mailing address, telephone number and interest of the 
person filing the protest.
    2. A statement of the issue being protested.
    3. A statement of the portion of the plan being protested. To the 
extent possible, this should be done by reference to specific pages, 
paragraphs, sections, tables, and maps in the proposed plan.
    4. A copy of all documents addressing the issue submitted during 
the planning process or a reference to the date the issue was discussed 
for the record.
    5. A concise statement explaining why the BLM State Director's 
decision is believed to be incorrect is a critical part of the protest. 
Take care to document all relevant facts and to reference or cite the 
planning documents, environmental analysis documents, and available 
planning records (meeting minutes, summaries, correspondence). A 
protest without data will not provide BLM with the benefit of your 
information and insight, and the Directors review will be based on the 
existing analysis and supporting data.
    At the end of the 30-day protest period, the BLM may issue a 
Decision Record, approving implementation of any portion of the 
proposed plan not under protest. Approval will be withheld on any 
portion of the plan under protest with BLM until the protest is 
resolved.
    At the end of the 30 day protest period, the Montana DNRC may issue 
a Decision Record for the minerals they administer.
    Comments on the FMV and MER should be sent to Randy Heuscher, Chief 
Branch of Solid Minerals, Montana State Office, P.O. Box 36800, 
Billings, Montana 59107.

FOR FURTHER INFORMATION CONTACT: Dan Benoit, Project Leader, Miles City 
Field Office, 111 Garryowen Road, Miles City, Montana, 59301, phone 
(406) 232-7001 ext. 3646. Copies of the EA are also available from this 
address.

SUPPLEMENTARY INFORMATION: In accordance with the Federal coal

[[Page 43779]]

management regulations at 43 CFR 3422 and 3425, not less than 30 days 
prior to publication of a notice of sale, the Secretary shall solicit 
public comments on the proposed sale, fair market value, and maximum 
economic recovery on the proposed lease tract. Proprietary data marked 
as confidential may be submitted to the Bureau of Land Management in 
response to this solicitation of public comments. Data so marked shall 
be treated in accordance with the laws and regulations governing the 
confidentiality of such information. A copy of the comments submitted 
by the public on fair market value and maximum economic recovery, 
except those portions identified as proprietary by the author and 
meeting exemptions stated in the Freedom of Information Act, will be 
available for public inspection at the Bureau of Land Management, 5001 
Southgate Drive, Billings, Montana 59102, during regular business hours 
(9 a.m. to 4 p.m.) Monday through Friday.
    Comments should be sent to the Bureau of Land Management, P.O. Box 
36800, Billings, Montana 59017-6800, and should include, but not 
necessarily be limited to the following:
    1. The quality and quantity of the coal resources;
    2. The mining method or methods which would achieve maximum 
economic recovery of the coal including specification of the seams to 
be mined, timing and rate of production, restriction to mining, and 
inclusion of the tract in an existing mining operation; and
    3. The fair market value appraisal including but not limited to the 
evaluation of the tract as an incremental unit of an existing mine, 
selling price of the coal, mining and reclamation costs, net present 
value discount factors, depreciation and other tax accounting factors, 
value of the surface estate, and any comparable sales data of similar 
coal lands.
    The values given above may or may not change as a result of 
comments received from the public and changes in market conditions 
between now and when final economic evaluations are completed.
    The EA addresses the cultural, socioeconomic, environmental and 
cumulative impacts that would likely result from leasing these coal 
lands. The Proposed Action and two alternatives are addressed in the 
EA:
    Proposed Action--would involve leasing the coal tracts containing 
about 82 million tons of state and federal coal. Certain coal leasing 
unsuitability designations for wildlife habitat concerns attached to 
the federal lease tract would require mitigation in order to lease the 
coal.
    Alternative A (Preferred Alternative)--would involve leasing the 
coal tracts as well as redesignating certain coal leasing unsuitability 
designations established for wildlife habitat concerns adjacent to the 
proposed lease tracts and to the Spring Creek Mine property in general.
    Alternative B--would reject or deny the federal coal lease 
application. The federal coal lands would not be offered for lease.
    The lands included in the coal lease applications are located in 
Big Horn County, Montana and are described as follows:

Federal Lease Tract MTM 88405

T. 8 S., R. 39 E., P.M.M.

    Sec. 13: SW\1/4\SW\1/4\SW\1/4\, SW\1/4\SE\1/4\SW\1/4\SW\1/4\;
    Sec. 14: S\1/2\SW\1/4\NE\1/4\SE\1/4\, S\1/2\NE\1/4\SE\1/4\SE\1/
4\, NW\1/4\NE\1/4\SE\1/4\SE\1/4\, S\1/2\SE\1/4\SE\1/4\, NW\1/4\SE\1/
4\SE\1/4\;
    Sec. 23: NE\1/4\NE\1/4\, SE\1/4\SW\1/4\NW\1/4\NE\1/4\, N\1/
2\SW\1/4\NW\1/4\NE\1/4\, E\1/2\NW\1/4\NE\1/4\; Sec. 24: NW\1/4\SE\1/
4\NW\1/4\NW\1/4\, N\1/2\SW\1/4\NW\1/4\NW\1/4\, N\1/2\NW\1/4\NW\1/4\.
    150 acres, more or less.

State of Montana Lease Tracts

    Lease C-1099-XX.

T. 8 S., R., 39 E., P.M.M.

    Sec. 14: S\1/2\S\1/2\NW\1/4\, SW\1/4\, W\1/2\SE\1/4\.

    Lease C-1100-XX.

T. 8 S., R., 39 E., P.M.M.

    Sec. 15: NE\1/4\SW\1/4\SE\1/4\, SE\1/4\SE\1/4\, N\1/2\SE\1/4\, 
S\1/2\SE\1/4\NE\1/4\.

    Lease C-1101-XX.

T. 8 S., R., 39 E., P.M.M.

    Sec. 23: N\1/2\N\1/2\NW\1/4\, NW\1/4\NW\1/4\NE\1/4\.

    479.16 acres, more or less.

    The BLM and Montana DNRC are also coordinating the preparation of a 
mineral evaluation pursuant to 77-3-312, MCA, covering the state coal 
tracts. This document is available for review and comment from Montana 
DNRC. For further information, or to obtain a copy of the mineral 
evaluation, contact Monte Mason, Montana DNRC, phone (406) 444-3843.

    Dated: June 26, 2000.
Timothy M. Murphy,
Field Manager.
[FR Doc. 00-17218 Filed 7-13-00; 8:45 am]
BILLING CODE 4310-$$-P