[Federal Register Volume 67, Number 72 (Monday, April 15, 2002)]
[Notices]
[Pages 18237-18238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9047]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[UT-030-02-1330-EN]


Notice of Availability of Final Environmental Impact Statement 
and Record of Decision for 3R Minerals Coal Bed Canyon Mine

AGENCY: Department of the Interior, Bureau of Land Management, Utah 
State Office.

SUMMARY: In accordance with the National Environmental Policy Act of 
1969, a Final Environmental Impact Statement (FEIS) and Record of 
Decision (ROD) for 3R Minerals Coal Bed Canyon Mine proposal on lands 
within Grand Staircase-Escalante National Monument, have been prepared 
and are available for review. The FEIS and ROD are being released 
concurrently for review as allowed by 40 CFR Sec. 1506.10(b)(2) for 
agencies that have a formally established appeal process.
    The FEIS analyzes the anticipated impacts of 3R Minerals' proposed 
action and three alternatives to the proposal. The Record of Decision 
documents the decision of the Utah State Director of the Bureau of Land 
Management to approve the Notice of Intent to Revise Mining Plan of 
Operations according to Alternative B, the BLM Preferred Alternative, 
as described in the FEIS and subject to the mitigation, conditions of 
approval and monitoring plan described in the ROD.

DATES: The decision may be appealed as provided for in 43 CFR part 4. 
If an appeal is taken, the notice of appeal (and if also submitted, a 
petition for stay) must be post marked or received at the Utah State 
Office address shown below within 30 days of publication of this 
Federal Register Notice. Procedures for filing an appeal or petition 
for stay are described in the ROD.

ADDRESSES: Copies of the FEIS and ROD may be obtained from the 
following Bureau of Land Management Locations: Grand Staircase-
Escalante National Monument Headquarters, 180 West 300 North, Kanab, 
Utah 84741; Grand Staircase-Escalante National Monument Escalante Field 
Station, 755 West Main, Escalante, Utah; Utah State Office, 324 South 
State Street, Suite 301, Salt Lake City, Utah. Copies may be obtained 
by mail by contacting the Monument Headquarters at the above address or 
telephoning 435-644-4300.
    Any notice of appeal or petition for stay must be filed with the 
Utah State Director, Bureau of Land Management, P.O. Box 45155, Salt 
Lake City, UT 84145-0155.

FOR FURTHER INFORMATION CONTACT: Paul Chapman, Grand Staircase-
Escalante National Monument Headquarters, 435-644-4309, or Kate Cannon, 
Monument Manager, Grand Staircase-Escalante National Monument 
Headquarters, 435-644-4330.

SUPPLEMENTARY INFORMATION: Mining activity is based on a mineral lease 
issued by the Utah School and Institutional Trust Lands Administration 
(SITLA) when the site was still State land. Although the lease was 
issued after the Monument was established, it occurred on State lands 
which were not affected by the Presidential Proclamation. 3R Minerals 
was granted approval to mine by appropriate State agencies and has been 
conducting limited mining activity on the site. Ownership of the land 
was exchanged to the Federal Government via the Utah Schools and Lands 
Exchange Act of 1998. Language in that act preserved 3R Minerals' 
existing right to mine.
    On June 15, 1999, the BLM received 3R Minerals' Notice of Intent to 
Revise Mining Operations. Under the Lease and SITLA rules, any proposed 
changes to 3R Minerals' approved Plan of Operations would be subject to 
approval by the BLM. Such a decision is a Federal action to which the 
National Environmental Policy Act of 1969 (NEPA) applies. Based upon 
this review, an Environmental Impact Statement (EIS) was prepared to 
assess potential impacts to resources.
    The SITLA Lease grants a valid and existing right for use of the 
surface estate if the action to be taken is reasonably necessary and 
expedient for the economic operation of the leasehold and furthers the 
production, treatment and disposition of the leased substances. The 
proposed modifications are all standard industry practices and are 
reasonably necessary to further the production, treatment and 
disposition of the leased substances. Therefore, the modification to 
the Notice of Intent to Commence Mining Operation's Plan of Operations 
is a reasonable exercise of the rights granted by Article IV of the 
Lease and is considered within the proponent's valid existing rights.
    Environmental impacts from the proposed project and alternatives 
were considered in a Draft Environmental Impact Statement (DEIS), 
prepared and released for public review on October 6, 2000. The DEIS 
was reviewed by other Federal Agencies, State agencies, local 
government entities, and private organizations and individuals. Based 
on comments received on the DEIS, modifications and revisions were made

[[Page 18238]]

and a Final Environmental Impact Statement (FEIS) was prepared. Details 
of the project, issues identified during the analysis process, 
alternatives, impacts, mitigation, and results of public participation 
are presented in the FEIS.

    Dated: December 12, 2001.
Robert A. Bennett,
Associate State Director.
[FR Doc. 02-9047 Filed 4-12-02; 8:45 am]
BILLING CODE 4310-$$-P