[Federal Register Volume 65, Number 198 (Thursday, October 12, 2000)]
[Notices]
[Pages 60678-60681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26142]


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DEPARTMENT OF THE INTERIOR

National Park Service


Record of Decision; Final Oil and Gas Management Plan/
Environmental Impact Statement, Padre Island National Seashore, Texas

ACTION: Notice of Approval of Record of Decision:

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SUMMARY: Pursuant to subsection 102(2)(C) of the National Environmental 
Policy Act of 1969, as amended, and the regulations promulgated by the 
Council on Environmental Quality (40 CFR 1505.2), the National Park 
Service, U.S. Department of the Interior, has prepared a Record of 
Decision on the Final Oil and Gas Management Plan/

[[Page 60679]]

Environmental Impact Statement for Padre Island National Seashore in 
Texas.

DATES: The Record of Decision was recommended by the Superintendent of 
Padre Island National Seashore, concurred in by the Deputy Regional 
Director, Southwest Cluster of the Intermountain Region, and approved 
by the Director, Intermountain Region on August 14, 2000.

ADDRESSES: Inquiries regarding the Record of Decision or the 
Environmental Impact Statement (EIS) should be submitted to the 
Superintendent, Padre Island National Seashore, P.O. Box 181300, Corpus 
Christi, Texas 78480-1300, telephone (361) 949-8173, or e-mail to: 
[email protected]. You may also view the entire ROD at the 
Padre Island NS web site: http://www.nps.gov/pais and click on ``In 
depth.''

SUPPLEMENTARY INFORMATION: The summary of the Record of Decision 
follows:
    The Department of the Interior, National Park Service (NPS), has 
prepared this Record of Decision (ROD) on the final Environmental 
Impact Statement (EIS) for the Oil and Gas Management Plan for Padre 
Island National Seashore, located within Kleberg, Kenedy and Willacy 
Counties, Texas. This ROD provides a statement of the decision made; a 
summary description of the 3 alternatives analyzed in the EIS; 
identification of the environmentally preferable alternative; the 
decision rationale used in selecting the alternative; a description of 
mitigation measures and monitoring plans that will be implemented for 
the selected alternative; and a statement that addresses how all 
practical means to avoid or minimize environmental harm from the 
selected alternative have been adopted.
    Congress established Padre Island National Seashore on September 
28, 1962, 16 U.S.C. 459d et seq., ``in order to save and preserve, for 
purposes of public recreation, benefit, and inspiration, a portion of 
the diminishing seashore of the United States that remains undeveloped 
. . .''
    At the time of the park's establishment, surface ownership was held 
by the State of Texas or by private landowners. In 1963, the surface 
estate owned by the State of Texas was donated to the United States, 
while those surface rights held by private landowners were acquired by 
the federal government through condemnation proceedings in 1965 and 
1966. Private owners retained all mineral interests underlying the 
park's terrestrial landbase. Those underlying the submerged lands under 
the Laguna Madre and Gulf of Mexico were retained by the State of Texas 
and are administered by the Texas General Land Office. Thus, the 
federal government does not own any of the subsurface oil and gas 
rights in the park.
    In Padre Island National Seashore's enabling act (16 U.S.C. 
subsection 459d-3(a) and section 459-4, 4(a) and section 5), Congress 
authorized the NPS to regulate nonfederal oil and gas development. The 
NPS recognizes these activities as important to those individuals and 
entities that have developed or intend to develop nonfederal oil and 
gas resources underlying the park. The NPS' Nonfederal Oil and Gas 
Rights Regulations are published at Title 36 of the Code of Federal 
Regulations, Part 9, Subpart B (36 CFR Part 9B). The 36 CFR Part 9B 
regulations provide the fundamental regulatory mechanism through which 
the NPS permits and regulates nonfederal oil and gas operations within 
units of the National Park System. Many past, present, and future 
anticipated oil and gas operations, however, have potential to 
adversely impact park resources, visitor use and experience, and human 
health and safety, which NPS is required to address.
    Public involvement and the 36 CFR Part 9B regulations, in 
combination with laws, other regulations, NPS policies, executive 
orders, and applicable direction provided in park planning documents, 
form the legal and policy requirements that helped to direct and 
ultimately determine the decision to select Alternative A. These 
guidelines were also used as fundamental direction and guidance for all 
of the alternatives considered in the EIS. More in depth discussion of 
Current Legal and Policy Requirements are described in the EIS, in 
Chapter 2, Part II, and in Appendices B and C.
    The Reasonably Foreseeable Development scenario (RFD) is used to 
provide a basis to compare and analyze alternatives, and address 
cumulative effects of the action. The RFD used in the final plan 
assumes that a 3-D seismic survey would be conducted over the entire 
Seashore. Following the 3-D seismic survey, full field development of 6 
gas fields could result in up to 18 wells being drilled to develop 80 
billion cubic feet of natural gas and associated liquid hydrocarbons. 
This level of exploration and development could utilize up to 748 acres 
of the terrestrial landbase for seismic exploration, and up to 250 
acres of direct surface impacts for drilling and production operations. 
It is understood that the actual level of exploration and development 
may be less or greater than projected in the RFD scenario.
    During the scoping process on the Draft EIS, the NPS 
interdisciplinary (ID) team, along with public input, identified 
resources and values that could be affected by nonfederal oil and gas 
operations. Park resources, and locations identified as being 
particularly sensitive to potential adverse impacts from oil and gas 
operations, and/or necessary to protect resources and values important 
to the overall legislated purposes of the park, were designated as 
Sensitive Resource Areas (SRAs). In addition, other topics of concern, 
such as the effect of future planning decisions on nonfederal oil and 
gas development, were considered and evaluated in the Oil and Gas 
Management Plan/EIS. The ID team also developed issue statements to 
define problems (and benefits) that might occur with oil and gas 
operations (see FEIS, Chapter 1, pages 1-17 through 1-22).
    The issue statements and SRAs were used in the evaluation and 
selection of Alternative A. The list of SRAs is provided in the final 
plan (see Chapter 2, page 2-8).

Decision (Selected Action)

    This Record of Decision adopts and approves for immediate 
implementation Alternative A, the (Preferred Alternative). Padre Island 
National Seashore identified Alternative A as the agency preferred 
action that best satisfies the park and NPS missions, as well as the 
park's long-term management objectives. In response to public comments 
and concerns, Alternative A has been slightly modified from the 
Preferred Alternative published in the Draft Oil and Gas Management 
Plan/EIS in February 1999.
    From this planning effort, a final plan will be prepared that 
describes the overall approaches to be implemented over the next 15 to 
20 years to manage the exploration and development of nonfederal oil 
and gas underlying Padre Island National Seashore. It will utilize the 
ROD, mitigation measures, and existing planning documents to protect 
natural and cultural resources, visitor use values, and human health 
and safety concerns. The final plan will serve as a guide for directing 
geophysical exploration, exploratory drilling, treatment and storage 
(production), and transportation of nonfederal oil and gas resources in 
the park. It will also provide pertinent information to oil and gas 
owners and operators that will facilitate operations planning and

[[Page 60680]]

compliance with all applicable regulations.

Alternatives Analyzed in the EIS

    Three alternatives were evaluated in the EIS.
    No Action/Current Management (Alternative B). Alternative B 
provides a benchmark of existing environmental impacts against which 
the decision-maker can compare the environmental effects from 
Alternatives A (Preferred) and C (Maximum Resource Protection for All 
Sensitive Resource Areas). It describes baseline conditions under the 
current program of oil and gas management at Padre Island National 
Seashore. Under Alternative B, all 130,434 acres of the park could be 
considered for nonfederal oil and gas exploration and development under 
Current Legal and Policy Requirements.
    Identification of sensitive resources and values, and application 
of mitigation measures specific to the type and scope of operations 
proposed would be developed during initial scoping meetings between the 
operator, the NPS, and other interested state and federal agencies, and 
presented for comment and review at subsequent meetings during the 
public involvement process. Mitigation measures would be developed and 
applied, as needed, to comply with Current Legal and Policy 
Requirements.
    Under the No-Action alternative, no comprehensive planning document 
would be available. Proposed actions would continue to be assessed on a 
case-by-case basis, and identification of sensitive resources and 
values, recommended mitigation measures and protection of sensitive 
resources and values may not be consistently applied. Sensitive 
resources and values vulnerable to potential adverse impacts from 
nonfederal oil and gas operations are at greater risk.
    Preferred Alternative (Alternative A) (Selected Action). Under 
Alternative A, Sensitive Resource Areas (SRAs) within Padre Island 
National Seashore will be formally designated, and specific protection 
prescribed. SRAs include 4 cultural sites listed or eligible for 
listing on the National Register of Historic Places, 3 freshwater 
ponds, the Laguna Madre, wind-tidal flats, visitor use areas, 
foredunes, washover channels, rookery islands, and 2 relict live oak 
mottes. Specific protection, tailored to avoid or minimize potential 
adverse impacts from specific types of oil and gas operations, is 
applied as operating restrictions to each SRA. Operating restrictions 
include No Surface Disturbance, No Surface Occupancy, No Surface 
Access, and Timing Stipulations.
    As a mitigation measure, operating restrictions will be applied to 
the SRAs within designated protective buffers. The maximum acreage of 
the SRAs is 68,731 acres or 52.7 percent of the park. Specific 
operating restrictions applied to SRAs will effectively close surface 
use on 1,316 acres (1.0% of the park) to geophysical (3-D seismic) 
exploration. Additional closures are described in Table 2.3, pages 2-
12--2-15 of the final plan. Where specific types of oil and gas 
operations could be permitted within SRAs, the requirement to conduct 
operations ``in a manner which utilizes technologically feasible 
methods least damaging to the federally-owned or controlled lands, 
waters and resources of the unit while assuring the protection of 
public health and safety'' is a standard requirement.
    In areas of the park that are not formally designated as Sensitive 
Resource Areas, comprising 61,703 acres (47.3% of the park), oil and 
gas operations will be permitted under Current Legal and Policy 
Requirements (CLPR).
    One error in the Selected Plan, Alternative A, in the Final Oil and 
Gas Management Plan/EIS (see FEIS, pages S-10 and S-11, and 2-13 and 2-
14) is corrected in this ROD. The timing stipulation applied to Rookery 
Islands is corrected to read: ``No Surface Access would be permitted 
within 1,000 feet of the island edge between February 15 through August 
31;'' and that ``geophysical exploration may be permitted between 
September 1 through February 14, under CLPR.''
    Maximum Resource Protection in All Sensitive Resource Areas, 
Alternative C. Under this alternative, Sensitive Resource Areas (SRAs) 
within Padre Island National Seashore would be formally designated, 
similar to Alternative A. The SRAs, and their maximum protective 
buffers, would be the same as those designated under Alternative A. 
Alternative C would provide maximum resource protection to all SRAs by 
applying a No Surface Access stipulation within SRA protective buffers. 
This would comprise 68,731 acres (52.7% of the park). Although SRAs 
would be closed to surface access, underlying nonfederal oil and gas 
could be reached via directional drilling technology from outside the 
SRAs. Where SRAs are small, operators could plan geophysical operations 
around them, and directionally drill underneath them. However, for the 
geographically large SRAs that include the Laguna Madre and Wind-Tidal 
Flats, about 58,790 acres would not be accessible. The lack of current 
or site-specific 3-D seismic data from these areas may deter operators 
from drilling extended-reach directional wells, and a portion of this 
acreage may be effectively unavailable for oil and gas development. 
This could result in moderate to major adverse impacts to oil and gas 
exploration and development and to owners, operators or lessees.
    In areas of the park not designated as SRAs, comprising 61,703 
acres (47.3% of the park), oil and gas operations could be permitted 
under Current Legal and Policy Requirements.
    Under all three alternatives, contamination of soils from past and 
current oil and gas operations are limited to small geographic areas. 
Because of the risk these contaminants present to wildlife and water 
quality, the cumulative impact to soils under all alternatives is 
considered a major adverse impact until the contaminated sites are 
remediated. Mitigation measures required under Current Legal and Policy 
Requirements reduce the potential for leaks and spills of oil and gas 
and contaminating, or hazardous materials, and require cleanup and 
remediation measures.

Identification of the Environmentally Preferable Alternative

    Alternative C is the environmentally preferable alternative. The 
Council on Environmental Quality (CEQ) has stated, ``The 
environmentally preferable alternative is the alternative that will 
promote the national environmental policy as expressed in NEPA's 
Section 101. Generally this means the alternative which causes the 
least damage to the biological and physical environment. It also means 
the alternative which best protects, preserves, and enhances historic, 
cultural, and natural resources.'' The No Surface Access operating 
stipulation applied within maximum SRA protective buffers would close 
68,731 acres (52.7% of the park) to all types of oil and gas operations 
so that there would be no direct impact on these areas from nonfederal 
oil and gas operations. Therefore, Alternative C would provide maximum 
protection to park resources and values, human health and safety, and 
visitor use and enjoyment of those resources.

Decision Rationale Used in Selecting Alternative A

    Alternative A is selected for implementation over the 
environmentally preferable Alternative C because, after careful 
consideration of public comments throughout the

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planning process, including comments on the draft EIS, the selected 
action best accomplishes the legislated purposes of Padre Island 
National Seashore and balances the statutory mission of the NPS to 
provide long-term protection to the park's resources and significance, 
while allowing for the exercise of rights to oil and gas not owned by 
the United States. The selected Alternative A also best meets the 
objectives of the Oil and Gas Management Plan/Final Environmental 
Impact Statement to:
     Identify which park resources and values are most 
sensitive to oil and gas exploration and development disturbance, and 
define mitigation requirements to protect such resources and values;
     Establish reasonable oil and gas exploration and 
development performance standards to protect park resources and values; 
and
     Provide pertinent information to oil and gas owners and 
operators that will facilitate operations planning and compliance with 
all applicable regulations.
    The mitigating measures applied through specific operating 
stipulations for each SRA under Alternative A will increase protection 
to SRAs over baseline conditions (No Action Alternative B), so that 
potential adverse impacts are either avoided or reduced to acceptable 
limits; but will provide less than the maximum protection provided SRAs 
under Alternative C. Due to the extensive acreage of SRAs where a 
blanket No Surface Access operating stipulation is applied under 
Alternative C, a portion of this acreage may be effectively unavailable 
for oil and gas development. Therefore, the NPS has decided that 
Alternative A best accomplishes identified planning objectives, with 
the fewest environmental impacts.

Description of Mitigation Measures and Monitoring Plans for the 
Selected Alternative A

    The NPS will implement the resource protection, mitigation, and 
monitoring measures found in the selected Alternative A, and described 
under Current Legal and Policy Requirements (Chapter 2, Part II; and 
Appendix C) of the final EIS and plan. The operating stipulations 
applied in Alternative A to Sensitive Resource Areas (SRA) provide 
specific mitigation measures that result in avoiding or minimizing 
potential adverse impacts from nonfederal oil and gas operations.
    The final location for each well site, production facility, access 
road, gathering pipeline segment, or other facility will be determined 
following a site specific environmental document in accordance with the 
NPS' NEPA policy (Director's Order 12). Development and evaluation of 
these individual ``Plans of Operations'', by the NPS, and with input 
from interested state, federal agencies, and public involvement, will 
incorporate existing mitigation measures described here and in the 
final plan. Additional mitigation measures will be developed to avoid 
or minimize potential adverse impacts. The park will continue to 
routinely monitor and inspect nonfederal oil and gas operations to 
ensure compliance with approved plans of operations, and to protect 
resources and seashore values. NPS and the operator's personnel will 
conduct these monitoring inspections to ensure that the mitigation 
measures are effective and implemented.
    Mitigation measures also may include: reclaiming/closing roads and 
wellpads to restore fish and wildlife habitat; reducing the extent of 
surface disturbance associated with wellpads, access roads and pipeline 
corridors (to the extent permitted by safety standards); and maximizing 
reclamation and restoration success on disturbed lands to improve 
wildlife habitat wherever reasonably possible.
    All practicable means to avoid of minimize environmental impacts 
from the selected alternative will be adopted and incorporated into the 
final plan.

Public Involvement

    Public comment has been requested, considered, and incorporated 
throughout the planning process:
     A Notice of Intent to prepare an EIS was published in the 
Federal Register on June 10, 1997 (Vol. 62, No. 111, pg. 31622), and in 
newspapers, including the Austin American-Statesmen, the Houston 
Chronicle, and the Corpus Christi Caller Times.
     The NPS mailed a public scoping newsletter to over 300 
individuals, organizations, and government agencies to explain the 
planning process, provide information, and encourage public 
participation.
     A public scoping open house was held in Corpus Christi, 
Texas, on July 9, 1997. During the scoping period, nine comment letters 
were received, and 13 individuals requested to be added to the mailing 
list.
     A second newsletter was sent to more than 280 individuals 
on March 6, 1998, summarizing the results of the scoping open house and 
the written comments received by the NPS.
     The following state and federal agencies were consulted:
U.S. Fish and Wildlife Service
National Marine Fisheries Service
Texas Parks and Wildlife
Texas State Historic Preservation Officer and Tonkawa Tribe
Texas General Land Office
Texas Coastal Coordination Council.
     A Notice of Availability was published by the NPS in the 
Federal Register on February 24, 1999 (Vol. 64, No. 36, pg. 9167-9168); 
and, upon filing of the Draft Oil and Gas Management Plan/EIS.
     The U.S. Environmental Protection Agency (EPA) published a 
Notice of Availability in the Federal Register on February 26, 1999 
(Vol. 64, No. 38, pg. 9508). Fifteen (15) comment letters were 
received. All substantive comments (62) were addressed in the final 
EIS.
     The public review period ran from February 26 through May 
12, 1999.
     In addition, the document was posted on the Internet at 
the Padre Island NS web site.
     The Final Oil and Gas Management Plan/EIS was released to 
the public on February 23, 2000. The EPA Notice of Availability was 
published in the Federal Register on March 3, 2000 (Vol. 65, No. 43, 
pg. 11575); the NPS Notice of Availability was published in the Federal 
Register on March 7, 2000 (Vol. 65, No. 45, pgs. 12029-12030). The 
final document included a reprint of the 15 comment letters and NPS 
responses. In response to releasing the Final Oil and Gas Management 
Plan/EIS, 4 comment letters were received. The comments in the 4 
letters raised no new substantive issues.

    Dated: August 14, 2000.
John A. King,
Director, Intermountain Region.
[FR Doc. 00-26142 Filed 10-11-00; 8:45 am]
BILLING CODE 4310-70-P