[Federal Register Volume 65, Number 164 (Wednesday, August 23, 2000)]
[Notices]
[Pages 51284-51291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21451]


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DEPARTMENT OF AGRICULTURE

Forest Service


Record of Decision for Oil and Gas Leasing on Lands Administered 
by the Targhee National Forest; Bonneville, Butte, Clark, Fremont, 
Jefferson, Lemhi, Madison and Teton Counties, Idaho; Lincoln and Teton 
Counties, Wyoming

AGENCY: USDA, Forest Service is the lead agency USDI, Bureau of Land 
Management is a cooperating agency.

ACTION: Notice that a Decision has been made.

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SUMMARY: This notice announces the decision made by the Forest 
Supervisor for Oil and Gas Leasing on the Targhee National Forest; and 
that the Bureau of Land Management has been a cooperating agency in the 
preparation of the EIS and will adopt the document for its leasing 
decisions. The notice of availability of the final environmental impact 
statement was published in the Federal Register on May 26, 2000 (Vol. 
65, No. 103, pages 34174 and 34175).

DATES: The decision is appealable pursuant to 36 CFR 215 for 45 days 
from the date the legal notice appeared in the Idaho Falls Post 
Register. The legal notice appeared on August 15, 2000 and the appeal 
period will end on September 29, 2000.

ADDRESSES: The responsible official is Jerry B. Reese, Forest 
Supervisor, Caribou-Targhee National Forest, P.O. Box 208, 420 North 
Bridge Street, St. Anthony, ID 83445.

FOR FURTHER INFORMATION CONTACT: John Pruess, Caribou-Targhee National 
Forest, P.O. Box 208, 420 North Bridge Street, St. Anthony, ID 83445, 
telephone number (208) 624-3151.

    Dated: August 16, 2000.
Jerry B. Reese,
Forest Supervisor, Caribou-Targhee National Forest.

Decision To Adopt the Targhee National Forest Oil and Gas Leasing 
Analysis Environmental Impact Statement

    By the Bureau of Land Management, a Cooperating Agency; 
Bonneville, Butte, Clark, Fremont, Lemhi, Madison, and Teton 
Counties, Idaho; Lincoln and Teton Counties, Wyoming.

    The Wyoming and Idaho Bureau of Land Management (BLM) hereby 
adopt the Targhee

[[Page 51285]]

National Forest Oil & Gas Leasing Analysis Environmental Impact 
Statement (EIS) pursuant to the provisions of 40 CFR 1506.3(c). BLM 
was identified as a Cooperating Agency in the Draft EIS (DEIS), the 
Final EIS (FEIS), and all Federal Register notices concerning the 
EIS. The EIS sufficiently addresses all concerns to allow the BLM to 
issue oil and gas leases in the Targhee National Forest in 
compliance with the National Environmental Policy Act (NEPA) and the 
Council on Environmental Quality (CEQ) regulations, subject to 
further site-specific environmental analysis for specific drilling 
or development proposals.
    The BLM developed the Oil and Gas Potential Report and the oil 
and gas reasonably foreseeable development (RFD) scenario for the 
National Forest prior to preparation of the EIS. The BLM has been 
involved in the identification of issues, the scoping and public 
involvement process, and has reviewed and provided comments on the 
Draft EIS. The BLM was also involved in the analysis of the comments 
on the Draft EIS. The EIS will not be recirculated because the BLM 
participated in its development, analysis, public involvement, and 
distribution.
    The BLM finds, after independent review of the DEIS and the 
FEIS, that its comments and concerns have been satisfied. Further, 
BLM finds that the Forest Service Record of Decision adequately 
describes the rationale for selecting the preferred alternative. 
Finally, BLM finds that the EIS provides an adequate oil and gas RFD 
scenario and that the EIS meets the BLM Supplemental Program 
Guidance requirements for oil and gas leasing.
    Prior to the BLM deciding whether or not to offer specific lands 
in the Targhee National Forest for oil and gas leasing, the Forest 
Service will help finalize the delineation of nominated lease 
parcels and insure that the appropriate stipulations are provided. 
Leases will not be issued without the concurrence of the Forest 
Service.

July 14, 2000.

Al Pierson,
BLM State Director, Wyoming.

Martha G. Hahn,
BLM State Director, Idaho.

Record of Decision

Targhee National Forest Oil and Gas Leasing Final Environmental Impact 
Statement; USDA Forest Service, Intermountain Region Targhee National 
Forest Bonneville, Butte, Clark, Fremont, Lemhi, Madison and Teton 
Counties, Idaho Lincoln and Teton Counties, Wyoming; Cooperating 
Agency: U.S. Department of Interior Bureau of Land Management

I. Introduction

    This Record of Decision documents my decision as Responsible 
Official on the leasing of National Forest System lands for 
exploration, development, and production of oil and gas on the 
Targhee National Forest. These decisions include the determination 
of which lands will be made administratively available for leasing 
and which specific lands the Bureau of Land Management (BLM) will be 
authorized to lease (FEIS, 1-1). These decisions also amend the Land 
and Resource Management Plan for the Targhee National Forest.
    These decisions are based on the Targhee National Forest Oil and 
Gas Leasing Environmental Impact Statement (EIS) and public comment, 
as well as other information available to us. The EIS was prepared 
in compliance with the National Environmental Policy Act of 1969 
(NEPA) in order to implement authorities extended to the Forest 
Service by the Federal Onshore Oil and Gas Leasing Reform Act of 
1987 (FEIS, 1-3). All lands with federal mineral ownership within 
the study area (see Figure 1-1) were considered for leasing.
    Department of Agriculture regulations at 36 CFR 228 Subpart E, 
implement Forest Service authorities granted under the Reform Act. 
These regulations require the Forest Service to make two leasing 
decisions. First, the Forest Service must decide which lands are 
administratively available for leasing (36 CFR 228.102(d)). Second, 
it must decide which specific lands the BLM will be authorized to 
offer for leasing (36 CFR 228.102(e)). As part of these decisions, 
the Forest Service must determine the conditions of surface 
occupancy or constraints, and ensure that appropriate stipulations 
are properly included as stipulations to the resulting leases. The 
lease stipulations are designed to protect forest resources and are 
based on the analysis documented in the EIS and the Revised Forest 
Plan for the Targhee National Forest.
    The Secretary of Interior was granted the authority through the 
Mineral Leasing Act of 1920 as amended, to issue oil and gas leases 
for all federally owned minerals. The Secretary of Interior was also 
granted authority to set the terms under which oil and gas may be 
leased and the administrative requirements governing issued leases. 
The authority was extended to the BLM. The BLM is responsible for 
the sale and subsequent issuance of federal oil and gas leases (43 
CFR Part 3100 through 3140).
    The BLM and the Forest Service are required to coordinate oil 
and gas leasing decisions on National Forest System lands (43 CFR 
Part 3101.7). National Forest System lands reserved from the public 
domain or otherwise acquired cannot be leased over the objection of 
the Forest Service (see 43 CFR Part and 43 CFR Part 3101.7-2(b)). 
Where the Forest Service's consent to lease specific lands has been 
conditioned upon inclusion of stipulations into the lease, the 
authorized BLM officer is to incorporate these stipulations into any 
lease that may be issued on those lands (43 CFR Part 3101.7-2(a)). 
Once the Forest Service has authorized leasing of specific lands, 
final decisions regarding issuance or non-issuance of a lease for 
those lands reside with the BLM (43 CFR Part 3101.7-2).
    Issuance of a Federal lease is the first stage in the 
administrative process of granting rights and approvals to explore 
for, develop, and produce oil and gas that may be present in the 
lease lands. There will be subsequent, more site specific, 
environmental analysis and approvals required at the exploratory 
drilling and field development stages. Sufficient authority has been 
retained at the leasing stage thru existing laws, regulations, 
standard lease terms and lease stipulations to avoid making 
irreversible, irretrievable commitments of resources that would 
result in unacceptable environmental impact. Additional requirements 
may be imposed at the time surface use and drilling plans are 
approved.

II. Decisions

    The Forest Service and the BLM, federal agencies that have 
separate responsibilities for lands within the Targhee National 
Forest, have the following decisions to make:
    1. The Forest Supervisor of the Targhee National Forest will 
decide which lands with federal mineral ownership are 
administratively available for oil and gas leasing and under what 
conditions.
    2. The Forest Supervisor will decide what specific National 
Forest System lands the BLM will be authorized to offer for lease, 
subject to the Forest Service ensuring that correct stipulations 
will be attached to leases issued by the BLM.
    3. The Forest Supervisor will need to make a decision to amend 
the Targhee Forest Plan to incorporate the leasing decisions being 
made here.
    4. Subsequently, the BLM will decide whether or not to offer for 
lease the specific lands authorized by the Forest Service.

A. Availability Decision--36 CFR 228.102(d)

    Based on the information analyzed and disclosed in the FEIS, the 
array of alternatives adequately address existing laws, regulations, 
Forest Plan direction, and responds to the public comments. Of these 
alternatives, I have selected Alternative 3 of the Final EIS (the 
preferred alternative) for the availability decision for specific 
lands (FEIS, 2-15).
    This decision only applies to federal minerals and recognizes 
that the Forest Service has no authority with respect to the leasing 
of private or state minerals.
    Specified lands with federal mineral ownership are available for 
leasing with lease stipulations applied to each specific resource 
area (see map attached to this decision). These stipulations and 
their rationale are described in detail in the table included as 
part of this decision.

                Approximate Acres Authorized for Leasing
------------------------------------------------------------------------
                      Type of restriction                         Acres
------------------------------------------------------------------------
No Surface Occupancy..........................................   306,173
Special Stipulations (Controlled Surface Use and/or Timing        87,001
 Stipulations)................................................
Standard Lease Terms..........................................         0
                                                               ---------
      Total Acres Authorized For Leasing......................   393,174
------------------------------------------------------------------------

    The application of a No Surface Occupancy stipulation is 
intended to apply to well sites and production facilities such as 
tank batteries and compressor stations. Forest Plan standards and 
guidelines will be used to determine the acceptability and govern 
the design and placement of any proposed roads

[[Page 51286]]

or other linear facilities (pipelines, power lines, etc.) that 
typically extend beyond the lease boundaries. This allows for 
consistent standards to be applied, whether on lease or off lease. 
This is not to imply that roads or pipelines would be allowed in all 
places; they would not be allowed through the Research Natural Areas 
(RNAs), for example, since that would be inconsistent with the 
purposes for which RNAs are designated. They would also not be 
allowed in areas where the likely result would be unacceptable 
degradation of water quality, fisheries habitat, etc. Forest Plan 
direction provides standards and guidelines related to road design 
and construction (Revised Forest Plan pgs. 111-7, 18, 19, 21, 23, 
89, 93, 94, 100, 102, 110, 111, 115, 118, 124, 133 and 149). If a 
proposed road cannot meet those criteria it will not be approved 
unless the Forest Plan is amended, and this would require further 
environmental analysis.
    Oil and gas leasing exploration and development are legitimate, 
permissible, and viable uses of National Forest System lands that 
have been not been set aside by Congress for specific uses (e.g., 
designated wilderness). This is evidenced by several laws affecting 
the management of National Forest System lands, including the 
Organic Administration Act of 1897, Mineral Leasing Act of 1920, 
Mineral Leasing Act for Acquired Lands of 1947, the Mining and 
Mineral Policy Act of 1970, the National Forest Management Act of 
1976, and the Energy Security Act of 1980 (FEIS, Appendix E).
    Based on the analysis documented in the EIS, I conclude that 
specific National Forest System lands within the analysis area can 
be made available for leasing, with appropriate stipulations, while 
continuing to sustain the land's productivity and its capability to 
support long term ecosystem health and biodiversity goals (FEIS, 2-
6, 2-15 thru 19, Ch. 4).

                            Targhee National Forest Oil and Gas Leasing Stipulations
----------------------------------------------------------------------------------------------------------------
             Resource                    Stipulation                Objective                  Rationale
----------------------------------------------------------------------------------------------------------------
Wildlife Seasonal Habitats........  Timing Limitation.     To preclude the             Under Standard Lease
  Elk/Deer Winter Range..   (TL).                  commencement of surface     Terms (SLT), activities
  Elk Summer Range.......                          disturbing activities       can be delayed for up to
  Elk Summer Concentration.                                                    habitats--November 30 to    disturbance to wildlife
Elk Calving Area.........                          April 1, April 1 to         seasonal habitats, but
Moose Winter Range.......                          November 30, June 15 to     this would not provide
                                                            August 15, May 15 to July   needed mitigation in
                                                            15, and November 15 to      those areas that might
                                                            April 30, which could       over-lap each other and
                                                            cause increased stress      require protection
                                                            and/or displacement         beyond 60 days. In this
                                                            during the respective       case a lease stipulation
                                                            critical time periods.      would be needed to
                                                                                        preclude activities over
                                                                                        an extended protection
                                                                                        period. Also, by
                                                                                        attaching a TL to the
                                                                                        lease, the lessee is
                                                                                        made aware of that
                                                                                        requirement at the time
                                                                                        the lease is acquired.
                                                                                        The No Lease or No
                                                                                        Surface Occupancy (NSO)
                                                                                        stipulations are overly
                                                                                        restrictive since
                                                                                        operations conducted
                                                                                        outside the no
                                                                                        disturbance period would
                                                                                        have a minimal effect on
                                                                                        targeted wildlife.
Threatened, Endangered or Proposed  Controlled Surface     To ensure that proposed     Since the specific
 Species (excluding grizzly bear,    Use (CSU)--A survey    activities do not           habitats of T, E of P
 bald eagle and Ute ladies-tresses   would be required      adversely affect            species can change over
 orchid).                            prior to surface       viability of a T, E or P    time, a CSU stipulation
                                     disturbing             species.                    will ensure that
                                     activities to                                      activities do not
                                     determine the                                      adversely affect the
                                     possible presence of                               viability of these
                                     any T, E or P                                      species should they be
                                     species and                                        found during a survey at
                                     operations be                                      the time a well is
                                     designed and/or                                    proposed. The No Lease
                                     located so as not to                               or NSO stipulation is
                                     adversely affect the                               overly restrictive since
                                     viability of the                                   we are seeking to
                                     species.                                           protect viability of a
                                                                                        species, and not
                                                                                        necessarily each
                                                                                        individual animal or
                                                                                        plant, which can often
                                                                                        be avoided when locating
                                                                                        facilities. Under SLTs,
                                                                                        moving a facility 200
                                                                                        meters may not be
                                                                                        sufficient to ensure a
                                                                                        species viability.
Grizzly Bear Management Units       None--not available    To preclude surface         The 1997 Revised Forest
 (BMU's).                            for leasing.           disturbing activities       Plan management
                                                            which would cause           objective for these
                                                            increased stress and/or     areas is to provide a
                                                            displacement of animals.    predictable refuge in
                                                                                        space and time and a
                                                                                        secure habitat for
                                                                                        grizzly bears. Oil and
                                                                                        gas activities would not
                                                                                        be compatible with this
                                                                                        objective. A No Surface
                                                                                        Occupancy stipulation
                                                                                        would allow for
                                                                                        directional drilling,
                                                                                        but since adjoining
                                                                                        lands are also
                                                                                        unavailable for leasing,
                                                                                        access to directional
                                                                                        drill from nearby lands
                                                                                        would not be possible.
Bald Eagle........................  No Surface Occupancy   To insure that proposed     The 1997 Revised Forest
Ute Ladies-tresses Orchid.........   within 1 mile of       activities do not           Plan emphasis is on
                                     bald eagle nests.      adversely affect the        minimizing human
                                    No Surface Occupancy.   viability of the bald       activities, avoiding and/
                                                            eagle or Ute ladies-        or prohibiting road
                                                            tresses orchid.             construction and ground
                                                                                        disturbing activities in
                                                                                        bald eagle and Ute
                                                                                        ladies-tresses orchid
                                                                                        habitats. CSU, TL
                                                                                        stipulations, or leasing
                                                                                        under standard lease
                                                                                        terms would allow
                                                                                        operations in the areas,
                                                                                        which would have a
                                                                                        negative impact on these
                                                                                        species. The No Lease
                                                                                        option is not
                                                                                        appropriate since
                                                                                        impacts can be mitigated
                                                                                        under an NSO
                                                                                        stipulation.

[[Page 51287]]

 
Sensitive Species.................  No Surface Occupancy.  To insure that proposed     The CSU, TL stipulations,
                                                            activities do not           or leasing under
                                                            adversely affect the        standard lease terms
                                                            viability of sensitive      would allow operations,
                                                            animal and plant species    which have a negative
                                                            and would not result in a   impact on these species
                                                            downward trend toward       and might result in a
                                                            listing.                    downward trend toward
                                                                                        listing.
Concentrated Development Areas--    No Surface Occupancy.  To preclude surface         Concentrated development
 communication sites,                                       occupancy and new surface   allocates these specific
 administrative sites, active                               disturbing activities       lands for a specific use
 mines, mineral material sites,                             within concentrated         and a NSO stipulation is
 etc.                                                       development areas.          deemed necessary to
                                                                                        protect the capital
                                                                                        investment associated
                                                                                        with these sites. A CSU,
                                                                                        TL, or SLT stipulation
                                                                                        would allow operations
                                                                                        within these areas,
                                                                                        which could negatively
                                                                                        affect the capital
                                                                                        investment. The No Lease
                                                                                        option is not
                                                                                        appropriate since
                                                                                        impacts can be mitigated
                                                                                        under an NSO
                                                                                        stipulation.
Riparian Vegetation...............  Controlled Surface     To require that activities  Standard lease terms
                                     Use.                   be located and/or           would not make the
                                                            designed to avoid or        potential lessee aware
                                                            minimize the potential      of restrictions and
                                                            for adverse effects to      possible increased
                                                            riparian areas.             operating costs. The No
                                                                                        Lease option or No
                                                                                        Surface Occupancy
                                                                                        stipulation would
                                                                                        preclude any activities
                                                                                        and is deemed to be more
                                                                                        restrictive than needed
                                                                                        to ensure resource
                                                                                        protection.
Non-Motorized Recreation..........  None--Not Available    To protect the              The 1997 Revised Forest
                                     for Leasing.           recreational values and     Plan management
                                                            natural setting within      direction for the semi-
                                                            areas designated as semi-   primitive non-motorized
                                                            primitive non-motorized     areas is to close
                                                            in the 1997 Revised         existing system or
                                                            Forest Plan.                nonsystem roads and
                                                                                        prohibit new road
                                                                                        construction. Oil and
                                                                                        gas activities would not
                                                                                        be compatible with
                                                                                        recreational values that
                                                                                        are based on primitive
                                                                                        settings.
Motorized Recreation..............  Controlled Surface     To require that activities  The 1997 Revised Forest
                                     Use.                   be located and/or           Plan allows some
                                                            designed to avoid or        motorized vehicle use
                                                            minimize the potential      because these areas are
                                                            for adverse effects to      accessible by roads and
                                                            recreational values and     trails. Generally, no
                                                            natural settings            new road construction is
                                                            associated with this        allowed. The No Lease
                                                            resource.                   option or No Surface
                                                                                        Occupancy stipulation
                                                                                        would preclude any
                                                                                        activities and is deemed
                                                                                        to be more restrictive
                                                                                        than needed to ensure
                                                                                        resource protection.
                                                                                        Standard Lease Terms
                                                                                        would not make the
                                                                                        potential lessee aware
                                                                                        of restrictions and
                                                                                        possible increased
                                                                                        operating costs.
Developed Recreation Sites........  No Surface Occupancy-- To preclude surface         Construction of a
                                     one mile buffer        occupancy and new surface   developed recreation
                                     around developed       disturbing activities       site allocates those
                                     recreation sites       within and near developed   specific lands for a
                                     (campgrounds).         recreation sites.           specific use and a NSO
                                                                                        stipulation is deemed
                                                                                        necessary to protect the
                                                                                        capital investment made
                                                                                        and the associated
                                                                                        recreational values. A
                                                                                        Controlled Surface Use,
                                                                                        Timing Limitation
                                                                                        stipulation or leasing
                                                                                        under standard terms
                                                                                        would allow operations
                                                                                        within these areas which
                                                                                        could affect the capital
                                                                                        investment and/or
                                                                                        recreational setting and
                                                                                        therefore were not
                                                                                        deemed appropriate. The
                                                                                        No Lease option is not
                                                                                        considered appropriate
                                                                                        since impacts can be
                                                                                        mitigated using a NSO
                                                                                        stipulation.
Special-Use Permit Recreation       No Surface Occupancy.  To preclude surface         Construction of resorts,
 Sites.                                                     occupancy and new surface   summer homes,
                                                            disturbing activities       organization camps,
                                                            within special-use permit   etc., allocates these
                                                            sites such as ski           specific lands for a
                                                            resorts, summer homes,      specific use and a NSO
                                                            and organization camps.     stipulation is deemed
                                                                                        necessary to protect the
                                                                                        capital investment made
                                                                                        and the associated
                                                                                        recreational values. A
                                                                                        Controlled Surface Use,
                                                                                        Timing Limitation
                                                                                        Stipulation or leasing
                                                                                        under standard terms
                                                                                        would allow operations
                                                                                        within these areas which
                                                                                        could affect the capital
                                                                                        investment and/or
                                                                                        recreational setting and
                                                                                        therefore were not
                                                                                        deemed appropriate. The
                                                                                        No Lease option is not
                                                                                        considered appropriate
                                                                                        since impacts can be
                                                                                        mitigated using a NSO
                                                                                        stipulation.

[[Page 51288]]

 
Roadless Area.....................  No Surface Occupancy.  To preclude surface         Oil and gas activities
                                                            occupancy and surface       would not be compatible
                                                            disturbing activities       with recreation values
                                                            that would alter the        based on primitive
                                                            primitive setting.          settings. The primitive
                                                                                        setting would be
                                                                                        negatively impacted by
                                                                                        application of less
                                                                                        restrictive stipulations
                                                                                        such as CSU and TL and
                                                                                        standard lease terms.
Special Management Areas..........  None--Not available    To preclude surface         Oil and gas activities
                                     for leasing.           occupancy and surface       would not be compatible
                                                            disturbing activities       with unique cultural,
                                                            that would negatively       botanical, or zoological
                                                            impact areas of unique      resource values. A No
                                                            cultural, botanical, or     Surface Occupancy
                                                            zoological resource         stipulation would allow
                                                            values.                     for directional
                                                                                        drilling, but since a
                                                                                        large share of adjoining
                                                                                        lands are unavailable
                                                                                        for leasing, access to
                                                                                        directional drill would
                                                                                        be limited.
Unstable Soils....................  No Surface Occupancy.  To preclude surface         Surface disturbance
                                                            disturbing activities on    within these areas would
                                                            areas that have a high      cause accelerated
                                                            erosion/stability hazard    erosion or increased
                                                            and would be difficult to   instability and would be
                                                            reclaim.                    difficult to reclaim,
                                                                                        therefore, an NSO
                                                                                        stipulation is
                                                                                        necessary. Operations
                                                                                        within these areas could
                                                                                        occur under either a CSU
                                                                                        or TL stipulation, or
                                                                                        under SLTs but erosion
                                                                                        and the stability of the
                                                                                        area would be negatively
                                                                                        affected. The No Lease
                                                                                        option is not
                                                                                        appropriate since
                                                                                        impacts can be mitigated
                                                                                        using an NSO
                                                                                        stipulation.
Slopes > 40%......................  No Surface Occupancy.  To preclude construction    Soil disturbance of an
                                                            of well sites and related   area required for a well
                                                            facilities on slopes over   paid on steep slopes
                                                            40%, which would involve    would be difficult to
                                                            relatively large cut and    reclaim and could result
                                                            fill slopes and would be    in unacceptable soil
                                                            difficult to rehabilitate.  loss through erosion and
                                                                                        potentially increase the
                                                                                        sediment load in the
                                                                                        streams. Operations
                                                                                        within these areas could
                                                                                        occur under either a CSU
                                                                                        or TL stipulation or
                                                                                        under SLTs but the
                                                                                        stability of the area
                                                                                        would be negatively
                                                                                        affected. The No Lease
                                                                                        option is not
                                                                                        appropriate since
                                                                                        impacts can be mitigated
                                                                                        using an NSO
                                                                                        stipulation.
Wild, Scenic and Recreational       None--Not available    To preclude operations      Roads, wellsites and
 Rivers.                             for leasing the        that would negatively       other facilities and
                                     banks of eligible      impact resource values      activities associated
                                     wild, scenic and       associated with wild,       with oil and gas
                                     recreational rivers    scenic and recreational     operations would alter
                                     for \1/4\ mile from    rivers.                     the resource values
                                     normal high water                                  associated with wild,
                                     marks.                                             scenic and recreational
                                                                                        river corridors. A No
                                                                                        Surface Occupancy
                                                                                        stipulation would allow
                                                                                        for directional
                                                                                        drilling, but since most
                                                                                        of the adjoining lands
                                                                                        have a NSO stipulation,
                                                                                        access to directional
                                                                                        drill from near by lands
                                                                                        would be limited.
Retention and Partial Retention     Controlled Surface     To ensure that the visual   Application of the CSU
 Visual Quality Objective (VQO).     Use-Proposed           quality of the area is      stipulation identifies
                                     activities would be    maintained.                 the standard that the
                                     required to be                                     operator must meet and
                                     located and/or                                     provides the opportunity
                                     designed to meet the                               to still conduct
                                     visual quality                                     activities as long as
                                     objective within one                               that standard is met.
                                     year of commencing                                 The No Lease option or
                                     operations.                                        an NSO stipulation is
                                                                                        overly restrictive in
                                                                                        that the VQO can often
                                                                                        be met using vegetative
                                                                                        or topographic screening
                                                                                        and similar methods to
                                                                                        mitigate the visual
                                                                                        impacts. Under SLTs,
                                                                                        some impacts could be
                                                                                        mitigated but operations
                                                                                        could not be denied if
                                                                                        the VQO could not be
                                                                                        met.
----------------------------------------------------------------------------------------------------------------

B. Leasing Decision for Specific Lands

    I have selected Alternative 3 of the Final EIS for the leasing 
decision for specific lands and authorize the BLM to offer the 
specific lands for lease subject to the Forest Service ensuring that 
correct stipulations will be attached to leases issued by the BLM 
(FEIS, 1-8).
    With this decision, a variety of stipulations will be applied to 
most of the specific resource areas to protect surface resources, or 
to retain sufficient authority to ensure that potential impacts can 
be mitigated when surface disturbing activities are proposed (FEIS, 
2-6, 2-15 thru 2-19).

Rationale

    Forest Service regulations at 36 CFR 228.102(e) state that the 
BLM shall be authorized to offer specific lands for lease subject 
to:
    1. Verifying that oil and gas leasing of the specific lands has 
been adequately addressed in a NEPA document, and is consistent with 
the forest land and resource management plans.
    I have reviewed the EIS and believe that it is sufficiently site 
specific in its analysis to address the consequences of future 
leasing actions. Although the location of future ground disturbances 
associated with oil and gas exploration and development activities 
is

[[Page 51289]]

unknown at this time, the reasonably foreseeable development 
scenario provides a sound basis for estimating environmental 
consequences (FEIS, 1-5, Appendix A). The lease terms and 
stipulations to be used when leases are issued have been specified 
and the effectiveness of these stipulations is well known on the 
types of lands described in the Affected Environmental (Chapter 3) 
of the FEIS. This is based, to a large degree, on experience gained 
through past exploration activities on and adjacent to the national 
forest (FEIS, Appendix A, p. 6). As part of the leasing decision for 
specific lands, sufficient authority has been retained by virtue of 
existing law, regulations, standard lease terms, and special 
stipulations to avoid or otherwise mitigate impacts. Also, 
additional NEPA analysis will be conducted at the time a specific 
project is proposed and mitigation measures specific to that 
proposal will be identified in accordance with 36 CFR 228.107 and 
228.108 (FEIS, 1-8, Appendix B).
    A significant number of comments received in response to the 
DEIS focused on the compatibility of potential oil and gas 
activities with other resource values and uses and their related 
land allocation decisions made in the 1997 Revised Forest Plan 
(FEIS, 2-1 thru 2-4, Ch. 6). One of the key considerations that has 
been taken into account in making this decision is the land 
allocations of the Revised Forest Plan, which was approved following 
substantial public involvement in 1997.
    In consideration of these points, I am confident that the 
analysis documented in the FEIS provides sufficient basis for 
evaluating alternatives and making a reasoned decision.
    2. Ensuring that conditions of surface occupancy identified 
during the NEPA analysis are properly included as stipulations in 
resulting leases.
    Again, this decision is subject to the Forest Service ensuring 
that correct stipulations are attached to leases issued by the BLM. 
As this decision is implemented, the Forest Service will take 
administrative action to parcel the land and attach the appropriate 
lease stipulations, as identified in the FEIS and this Record of 
Decision, for forwarding to the BLM. The interagency agreement 
between the Forest Service and the BLM dated 1991 states that, 
``Prior to finalizing a sale notice that includes NFS lands, BLM 
will forward the notice to the FS to ensure that correct 
stipulations are being used.''
    3. Determining that operations and development could be allowed 
somewhere on each proposed lease, except where stipulations will 
prohibit surface occupancy.
    The areas where exploration and development may be allowed are 
delineated on the attached map (FEIS, Figure 2-3). The map also 
shows where surface occupancy is prohibited by lease stipulation. 
This map will be used when tracts are parceled and configured to 
allow operations and development somewhere on each proposed lease, 
or to identify it as a lease where stipulations prohibit all surface 
occupancy.
    The No Lease portion of the forest along the Wyoming border in 
the east and along the Montana border in the north and westward to 
the western end of the forest is classified as having a no or low 
potential for the occurrence of oil and gas (FEIS, Appendix A, Oil 
and Gas Potential Report). The no lease determination for this area 
was based on these classifications and threatened and endangered 
wildlife concerns such as the protection of grizzly bear habitat.
    The only portions of the forest having a moderate or high 
potential for the occurrence of oil and gas are in the south--north 
and west of Palisades Reservoir. However, most of the high potential 
area is unavailable for leasing due to proposed wilderness and 
wilderness study area land allocations decisions in the Revised 
Forest Plan. This leaves portions of the moderate potential area of 
the forest available for oil and gas operations. However, a 
substantial portion of this area has a No Surface Occupancy 
stipulation applied to it, because of designated roadless areas and 
steep and unstable slopes (FEIS, 2-15 thru 19).

C. Decision To Amend Forest Plan

    It is my decision to amend the 1997 Revised Forest Plan for the 
Targhee National Forest with the decisions made above. The decisions 
made here comply fully with the goals, Management Area direction, 
and the forest-wide standards and guidelines in the Revised Forest 
Plan. The analysis of this amendment is documented in the EIS. I 
conclude that this is a nonsignificant amendment to the forest plan.

III. Public Involvement

    Scoping is the process used to identify issues related to a 
proposed action and the scope of issues to be addressed during the 
NEPA analysis (FEIS, 2-1 thru 2-4). The Forest Service initiated 
scoping in April 1993 with the preparation of a scoping document. 
This formal scoping document was prepared to inform interested 
agencies, organizations, businesses, and individuals of the Forest 
Service and BLM's intent to conduct an environmental analysis of oil 
and gas leasing on portions of the Targhee National Forest. The 
document solicited comments from readers to assist the Forest 
Service and the BLM in identifying specific interests and concerns 
that should be addressed in the analysis.
    The formal scoping process began May 21, 1993 with the 
publishing in the Federal Register of a Notice of Intent to prepare 
the EIS. A public notice was also published in the following five 
newspapers serving the area in and around the Forest: the Rexburg 
Standard-Journal, Teton Valley News, Jefferson County Star, Post 
Register (Idaho Falls), and Jackson Hole News. Next, copies of the 
scoping document were sent to almost 2,100 agencies, organizations, 
businesses, and individuals. In addition, two public meetings were 
held to discuss the proposal. Attendees were given the opportunity 
to ask questions and submit oral and written questions. These two 
meetings were held in Driggs, Idaho on June 16, 1993, and in Idaho 
Falls, Idaho on June 17, 1993 (FEIS, 6-3, 4).
    The Forest Service reviewed and analyzed the 94 comments 
received during the scoping process. The comments received helped 
the interdisciplinary team identify the issues that needed to be 
addressed in the analysis. Issues revolved around the effects of oil 
and gas leasing and subsequent activities on wildlife, recreation, 
air and water resources, visuals, soils, transportation, threatened, 
endangered, and sensitive plant and animal species, vegetation, 
inventoried roadless areas, fisheries, and wetland and riparian 
areas. Also at issue was the effect of restrictive stipulations and 
mitigation measures on oil and gas exploration and development 
(FEIS, 2-1 thru 2-4).
    The Draft EIS for this proposal was released for public review 
in September 1996. Copies of the Draft EIS were sent to all 
interested parties identified during the scoping process as well as 
appropriate local, state, and federal agencies.
    The comment period on the Draft EIS ran from September 21, 1996 
through December 4, 1996. Over 400 responses were received. All 
comments were reviewed and considered and are available for public 
review at the Forest Supervisor's Office, Targhee National Forest. 
The Forest Service reviewed and considered these, along with the 
comments received at public meetings. Changes in the FEIS were based 
upon the comments and on further analysis by the Forest Service 
(FEIS, 6-7 thru 6-23). No decisions were based upon the quantity of 
comments received on a particular issue.
    The FEIS was published and released to the public on May 10, 
2000 for a 30 day review period. This review period was to allow 
final comments for consideration in the Record of Decision. 
Seventeen letters were received. Five letters supported oil and gas 
leasing on the Targhee National Forest; two in support of 
Alternative 3 (the preferred alternative), one in support of 
Alternative 2, and the remaining not specifying which leasing 
alternative was preferred. Twelve letters either opposed oil and gas 
leasing or preferred the no leasing alternative. Most stated that 
the preferred alternative (Alternative 3) was a significant 
improvement over the preferred alternative in the Draft EIS. Several 
expressed concern about the length of time since the DEIS had been 
released, but expressed support for the changes made to develop the 
preferred alternative in the FEIS. A few expressed concern about the 
potential changes in the No Surface Occupancy stipulation after the 
leases were issued, but supported the idea that No Surface Occupancy 
is the appropriate stipulation, if leasing is allowed. In general, 
the comments did not express major concern with the selection of 
Alternative 3.

IV. Alternatives Considered

    The alternatives considered in this analysis include:

Alternative 1: No Leasing
Alternative 2: 1997 Revised Forest Plan
Alternative 3: Revised Forest Plan Modification No. 1-Preferred
Alternative 4: Revised Forest Plan Modification No. 2
Alternative 5: Standard Lease Terms

Alternatives

    The development of alternatives was designed to formulate a 
range of reasonable alternatives that addressed the issues 
identified during the scoping and public

[[Page 51290]]

involvement process and to ensure that the viable lease options were 
considered for each specific resource area. Based on the analysis 
contained in the FEIS, these alternatives could be implemented in 
whole or used in part to modify another alternative with respect to 
one or more of the specific resources or resource areas in making 
the decision (FEIS, 2-5 thru 2-7).

Alternative 1: No Leasing

    This is the ``No Action'' alternative required by the Council of 
Environmental Quality regulations implementing the National 
Environmental Policy Act (NEPA). Under this alternative the Federal 
minerals within the analysis area would not be made available for 
oil and gas leasing by either the Forest Service or BLM. Since all 
Federal minerals would not be available for leasing, there would be 
no site-specific decision to be made (FEIS, 2-7,8).

Alternative 2: 1997 Revised Forest Plan

    process, is that all areas with no or a low potential for 
deposits of oil or natural gas would not be available for leasing. 
Under this alternative, 22 percent of the Forest would be available 
for leasing with protective lease stipulations (FEIS, 2-15 thru 2-
19).

Alternative 4. Revised Forest Plan Modification No. 2

    This alternative was designed to be less restrictive than the 
preceding action alternatives and to be responsive to Issue 12, 
which reflects comments related to the need for oil and gas 
development while providing a degree of protection of other resource 
values. Under this alternative, more of the Forest (49 percent) 
would be available for leasing with less restrictive stipulations 
(FEIS, 2-19 thru 2-22).

Alternative 5: Standard Lease Terms

    This alternative defines one end (opposite of Alternative 1) of 
the possible range of alternatives. Under this alternative 49 
percent of the Forest would be available for leasing with standard 
lease terms (no special stipulations) (FEIS, 2-23). Mitigation of 
impacts on other resources would be based on existing laws such as 
the Endangered Species Act, the Archaeological Resource Protection 
Act, the Clean Water Act, and the Clean Air Act. For resources that 
are not protected by law, mitigation would be based on the Standard 
lease Terms and 43 CFR 3101.1-2, that provides clarification of 
reasonable mitigation as used in Section 6 of the Standard Lease 
Terms (delaying activities for up to 60 days or moving a well 
location up to 200 meters or 656 feet).

V. Environmentally Preferred Alternative

    Although Alternative 1 would have the least effect on the 
biological and physical environment, I am identifying the selected 
Alternative 3 as environmentally preferable based on the following 
interpretation of the law and agency policy (FEIS, 2-15 thru 2-19).
    Regulations implementing the National Environmental Policy Act 
(NEPA) require agencies to specify the alternative or alternatives 
which were considered to be environmentally preferable as an 
alternative that best meets the goals of section 101 of NEPA. 
Ordinarily this is the alternative that causes the least damage to 
the biological and physical environment and best protects, 
preserves, and enhances historical, cultural, and natural resources. 
In some cases there may be more than one environmentally preferable 
alternative (FSH 1909.15-05).
    Section 101 of NEPA declares national environmental policy, 
calling on federal, state and local governments and the public to 
create and maintain conditions under which humans and nature can 
exist in productive harmony. This broad policy is further defined in 
six goals:
    (1) fulfill the responsibilities of each generation as trustee 
of the environment for succeeding generations;
    (2) assure for all Americans safe, healthful, productive, and 
aesthetically and culturally pleasing surroundings;
    (3) attain the widest range of beneficial uses of the 
environment without degradation, risk to health or safety, or other 
undesirable and unintended consequences;
    (4) preserve important historic, cultural, and natural aspects 
of our national heritage and maintain wherever possible an 
environment which supports diversity and variety of individual 
choice;
    (5) achieve a balance between population and resource use which 
will permit high standards of living and a wide sharing of life's 
amenities; and
    (6) enhance the quality of renewable resources and approach the 
maximum attainable recycling of depletable resources.
    Section 101 does not call for the exclusion of Americans from 
use of their natural resources, but does demand that such uses avoid 
degradation of the environment. Alternative 3 best meets the goals 
of Section 101 of NEPA. By this standard, the selected Alternative 3 
is the environmentally preferable alternative for the Targhee's Oil 
and Gas Leasing FEIS.

VI. Findings Required by Other Laws

    The proposed action (Alternative 3) must comply with several 
laws, regulations and policies. Some of these are discussed in the 
following section.
    National Environmental Policy Act (NEPA)--The Forest Service 
followed the direction for preparing an environmental analysis and 
document according to NEPA. My decision is based on the analysis 
contained in the Targhee National Forest's Oil and Gas Leasing FEIS.
    Endangered Species Act (ESA)--ESA provides for conservation of 
endangered, threatened and proposed species of fish, wildlife and 
plants. A Biological Assessment (BA) of effects was prepared, which 
concluded that the proposed action was not likely to adversely 
affect any listed or proposed species. The U.S. Fish and Wildlife 
Service (Service) concurs with this determination (FEIS, Appendix 
G). The Service concurs that the proposed action may affect, but is 
not likely to adversely affect the federally listed grizzly bear, 
bald eagle, and Ute ladies'-tresses. The Service also concurs that 
the proposed action is not likely to jeopardize the continued 
existence of the proposed mountain plover and lynx, nor the 
experimental non-essential populations of the gray wolf and whooping 
crane.
    Fish and Wildlife Conservation Act (FWCA--This Act encourages 
federal agencies to conserve and promote non-game fish and wildlife 
species and their habitats. It also requires consultation with U.S. 
Fish and Wildlife Service and appropriate state agencies when 
undertaking projects which could affect water resources. The Oil and 
Gas Leasing Analysis is in compliance with the Act because of the 
conclusions presented in Chapter IV, wildlife, fisheries, and 
threatened, endangered, and sensitive sections of the FEIS.
    National Forest Land Management Plan--The Revised Forest Plan 
has been reviewed and a determination made that this decision is 
consistent with the Revised Forest Plan. The actions in this project 
comply fully with the goals, the Management Area Direction, and the 
Forest-wide standards and guidelines in the Revised Land and 
Resource Management Plan for the Targhee National Forest.
    Other Legislation--The Forest Service has complied (or is 
complying) with other applicable legislation including, but not 
limited to, the Clean Water Act, Clean Air Act, and the Historic 
Preservation Act. These are described in Appendix E of the FEIS.

VII. Implementation

    The decisions identified in this Record of Decision shall be 
implemented in the following manner:
    1. In accordance with 36 CFR 228.102(d), the Forest Service 
shall promptly notify the BLM of this decision and identify lands 
which are administratively available for leasing (FEIS, 1-1).
    2. In accordance with 36 CFR 228.102(e), available unleased 
lands the Forest Service has authorized the BLM to offer for lease 
will be submitted to the BLM as soon as the Forest Service takes 
administrative action to parcel the lands and attach the appropriate 
stipulations as identified in this decision (FEIS, Figure 2-3, 2-15 
thru 2-19). These actions are administrative functions implementing 
this Record of Decision and are not subject to appeal.
    3. The BLM will then prepare a listing of the parcels to be 
offered for lease in the next available lease sale. The Forest 
Service will have an opportunity to review that list for proper 
stipulations prior to the official 45 day posting of that list in 
accordance with the Federal Onshore Oil and Gas Leasing Reform Act 
of 1987.
    4. If the lands in a parcel do not receive a bid when offered 
competitively at the lease sale, they will be available for 
noncompetitive offers for a period of two years (FEIS, Appendix B-1 
thru B-2).
    5. Following lease issuance, a lessee/operator may submit an 
Application for Permit to Drill (APD) that includes a Surface Use 
Plan of Operations (SUPO). Except where stipulations prohibit all 
surface use, operations and development may be allowed on the leased 
lands. Such activity is subject to the lessee/operator obtaining an 
approved SUPO from the Forest Service in accordance with 36 CFR 
Subpart E, 228.106 and 228.107. No decisions related to SUPO 
approval are being made in this Record of Decision, and an 
environmental analysis, tiered to this EIS

[[Page 51291]]

will be conducted when a drilling proposal is submitted (FEIS, 
Appendix B-8 thru B-9).
    It is my intent that if, at the time a drilling proposal is 
submitted, the environmental analysis concludes that cumulative 
effects associated with the proposal and other resource activities 
in the area will exceed state standards or forest plan standards, 
off-site mitigation may be required or the proposal denied until the 
standards can be met. In other words, any subsequent operation would 
be required to comply with existing laws, regulations and state 
standards (36 CFR 228.107-108).

VIII. Appeal Opportunities

    This decision is subject to appeal pursuant to 36 CFR 215.7. A 
written Notice of Appeal must be postmarked within 45 days of the 
date legal of this decision is published in the Post Register (Idaho 
Falls). The Notice of Appeal should be sent to USDA Forest Service, 
Intermountain Region, ATTN: Appeals Deciding Officer, 342 25th 
Street, Ogden, Utah 84401. Appeals must meet the content 
requirements of 36 CFR 215.14.
    If no appeal is received, implementation of this decision may 
occur on, but not before, five business days from the close of the 
appeal filing period. If an appeal is received, implementation may 
not occur for 15 days following the date of appeal disposition.
    Copies of this Record of Decision, EIS, and the file of public 
comments are available for review at the following office: Forest 
Supervisor's Office, Targhee National Forest, 420 N. Bridge Street, 
St. Anthony, ID 83445.
    For further information on this decision, please contact John 
Pruess at (208) 624-3151.

    Dated: July 14, 2000.

Jerry B. Reese,
Forest Supervisor, Targhee National Forest.

    The U.S. Department of Agriculture (USDA) prohibits 
discrimination in all its programs and activities on the basis of 
race, color, national origin, sex, religion, age, disability, 
political beliefs, sexual orientation, or marital or family status. 
(Not all prohibited bases apply to all programs). Persons with 
disabilities who require alternative means for communication of 
program information (Braille, large print, audio tape, etc.) should 
contact USDA's TARGET Center at (202) 720-2600 (voice and TDD).
    To file a complaint of discrimination, write USDA, Director, 
Office of Civil Rights 326-W, Whitten Bulding, 1400 Independence 
Avenue, SW, Washington, D.C. 20250-9410 or call (202) 720-5964 
(voice and TDD). USDA is an equal opportunity provider and employer.

[FR Doc. 00-21451 Filed 8-22-00; 8:45 am]
BILLING CODE 3410-11-M