[Federal Register Volume 68, Number 51 (Monday, March 17, 2003)]
[Notices]
[Pages 12661-12662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6267]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 68, No. 51 / Monday, March 17, 2003 / 
Notices  

[[Page 12661]]



DEPARTMENT OF AGRICULTURE

Forest Service


Manti-La Sal National Forest, Fortuna Company Gas Exploration 
Wells, Emery and Sanpete Counties, UT, Notice of Intent To Prepare an 
Environmental Impact Statement

AGENCY: Forest Service, USDA.

ACTION: Notice of Intent to Prepare an Environmental Impact Statement.

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SUMMARY: The Forest Service (FS) will prepare an Environmental Impact 
Statement (EIS) to document the analysis and disclose the environmental 
and human effects of authorizing a gas exploration well and associated 
road access on the Manti-La Sal National Forest. The proposed wells, 
designated the Joe's Valley Federal 20-1, and Lowery Water Federal 32-
12, were proposed by Fortuna US (proponent). The BLM (Bureau of Land 
Management) will participate as a cooperating agency.

Agency Decisions

    The BLM is responsible for administration of oil and gas leases 
under the Mineral Leasing Act of 1920, as amended, and Federal 
Regulations in 43 CFR part 3100. The BLM Moab Field Office Manager must 
decide whether or not to approve the Application for Permit to Drill 
(APD). The Forest Supervisor, Manti-La Sal National Forest must decide 
whether or not to approve the Surface-Use Plan of Operations and what 
conditions to require for the protection of non-mineral resources. 
Forest Service authority is provided under the Mineral Leasing Act of 
1920, as amended, Federal Onshore Oil and Gas Leasing Reform Act of 
1987, and Federal Regulations in 36 CFR part 228, Subpart E.

DATES: Written comments concerning issues and alternatives to be 
considered and the scope of the analysis described in this notice 
should be received within 30 days from the date of publication of this 
notice in the Federal Register.

ADDRESSES: Send written comments to Forest Supervisor, Ferron/Price 
Ranger District, Manti-La Sal National Forest, 115 West Canyon Road, PO 
Box 310, Ferron, Utah 84523, ATTN: Tom Lloyd.

FOR FURTHER INFORMATION CONTACT: Questions concerning the proposed 
action and EIS should be addressed to Tom Lloyd or Carter Reed, Manti-
La Sal National Forest, phone (435) 384-2372 or (435) 637-2817.

SUPPLEMENTARY INFORMATION: Fortuna US has proposed to conduct gas 
exploration activities in 2003/2004 and reclamation activities in 2004/
2005 on Federal Oil and Gas Lease(s) UTU-78146 and UTU-14623. 
Exploration activities would consist of reconstruction of about 3 miles 
of Forest Service Roads (FSR) 50038 and 50059, construction of 
temporary project access roads (about 0.31 miles), construction of 
drill pads (4.5 acres total estimated disturbance) and drilling two (2) 
wells. Analysis of possible production lines to nearby gas pipelines 
would also be considered.
    The proposed Joe's Valley Federal 20-1 is located in NW\1/4\ Sec 21 
T.15S, R6E. SLBM, Sanpete County, Utah. The Lowery Water Federal 32-12 
is located in SW\1/4\ Sec 32 T. 16 S, R. 6 E., SLBM, Emery County, 
Utah. The general area of the proposed site would be the Scad Valley, 
Middle Mountain, Lowery Water area, about 5 miles north of Joe's Valley 
Reservoir and about 2.6 miles south of Miller Flat Reservoir and 
approximately 16 miles north-northwest of the town of Huntington, Utah. 
Portions of the proposed road improvements traverse the eastern 
boundary of the Boulger-Black Canyon Inventoried Roadless Area.

Purpose and Need

    The proponent's purpose for this exploration project is to assess 
the economic recoverability of its lease holdings. The proposed 
drilling program would provide geologic data necessary to assess oil 
and gas potential within Federal Oil and Gas Lease(s) UTU-78416 and 
UTU-14623. If economic quantities of oil and gas were located, further 
development would likely be proposed for recovery. Oil and gas are 
needed to meet future energy demands of the state and nation.
    The Forest Service's purpose and need is to evaluate the 
environmental effects of the Surface Use Plan contained within the APD 
in accordance with the Manti-La Sal Land and Resource Management (Plan 
Forest) Plan management direction (page III-12). The decision must be 
consistent with the rights granted by the oil and gas leases, 
applicable laws, and Forest Plan direction.

Proposed Action

    The proponent's proposed action is to drill the wells and if 
possible, produce and market natural gas at a profit consistent with 
the right granted by Federal Oil and Gas Leases UTU-78416 and UTU-
14623.
    The proposed action is for the Manti-La Sal Nation Forest to 
authorize Fortuna US to construct/reconstruct the roads and occupancy 
National Forest System land in order to drill two exploration holes 
within Federal Leases UTU-78416 and UTU-14623, consistent with their 
lease rights, applicable laws and regulation, and Forest Plan direction 
for management of the National Forest System lands. Authorization would 
be granted by approval of the Surface Use Plan of Operation. A Forest 
Service Road-Use Permit would also be needed to authorize commercial 
use of the Forest Service Roads. Additional mitigation and monitoring 
may be deemed necessary by the Forest Service to minimize environmental 
effects.

Public Participation

    The Forest Service is seeking information and comments from 
Federal, State, and local agencies as well as individuals and 
organizations that may be interested in, or affected by, the proposed 
action. The agency invites written comments regarding potential issues 
and alternatives related to the proposed action and the area being 
analyzed. Information received will be used to prepare the Draft and 
Final EIS and considered in making agency decisions.
    The EIS and Record of Decision (ROD) will tier to the Final EIS and 
ROD for the Manti-La Sal Nation Forest Land and Resource Management 
Plan (Forest Plan), 1986, as amended, by the 1994 Record of Decision 
for Oil and Gas Leasing on Lands Administered by the Manti-La Sal 
Nation Forest.

[[Page 12662]]

    Draft preliminary issues include effects to wildlife, visual 
quality, roadless character, and dispersed recreation use of Upper 
Joe's Valley, Middle Mountain, Lower Water areas.
    Agency representatives and other interested people are invited to 
visit with Forest Service and BLM officials at any time during the EIS 
process. Two specific time periods are identified for the receipt of 
formal comments on the analysis. The two comment periods are, (1) 
during the scoping process, the next 30 days following publication of 
this Notice in the Federal Register, and (2) during the formal review 
period of the Draft EIS.
    The Draft EIS is estimated to be filed with the Environmental 
Protection Agency (EPA) and available for public review in June 2003. 
At that time the EPA will publish an availability in the Federal 
Register. The comment period on the Draft EIS will be 45 days from the 
date that EPA's notice of availability appears in the Federal Register. 
The Final EIS is expected to be released in August 2003.
    The Forest Service believes, at this early stage, it is important 
to give reviewers notice of several court rulings related to public 
participation in the environmental review process. First, reviewers of 
draft environmental impact statements must structure their 
participation in the environmental review of the proposal so that it is 
meaningful and alerts an agency to the reviewer's position and 
contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 
533 (1978). Also, environmental objections that could be raised at the 
draft environmental impact statement stage but that are not raised 
until after completion of the final environmental impact statement may 
be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d 
1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490 
F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, 
it is very important that those interested in this proposed action 
participate by the close of the 45-day comment period so that 
substantive comments and objections are made available to the Forest 
Service at a time when it can meaningfully consider them and respond to 
them in the final environmental impact statement.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the draft 
environmental impact statement should be as specific as possible. It is 
also helpful if comments refer to specific pages or chapters of the 
draft statement. Comments may also address the adequacy of the draft 
environmental impact statement or the merits of the alternatives 
formulated and discussed in the statement. Reviewers may wish to refer 
to the Council on Environmental Quality Regulations for implementing 
the procedural provisions of the National Environmental Policy Act at 
40 CFR 1503.3 in addressing these points.

    Authority: (Mineral Leasing Act of February 25, 1920 (Pub. L. 
66-146, 41 Stat. 437, as amended; 30 U.S.C. 181-287)).

    Dated: March 11, 2003.
Aaron L. Howe,
Acting Forest Supervisor, Manti-La Sal Nation Forest.
[FR Doc. 03-6267 Filed 3-14-03; 8:45 am]
BILLING CODE 3410-11-M