[Federal Register Volume 68, Number 163 (Friday, August 22, 2003)]
[Notices]
[Pages 50805-50807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21636]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[WY920-1430FM, WYW148816]


Notice of availability of a Final Environmental Impact Statement 
on the Proposed Pittsburg and Midway Coal Mining Company Coal Exchange

AGENCY: Bureau of Land Management, Interior. Cooperating Agencies--
Forest Service, Agriculture; Office of Surface Mining, Interior.

ACTION: Notice of Availability of a Final Environmental Impact 
Statement (FEIS) on the proposed Pittsburg and Midway Coal Mining 
Company Coal Exchange; Lincoln, Carbon, and Sheridan Counties, Wyoming.

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SUMMARY: Under the National Environmental Policy Act (NEPA), the 
Federal Policy and Management Act of 1976 (FLPMA) and associated 
regulations, the Bureau of Land Management (BLM) announces the 
availability of a FEIS that evaluates, analyzes, and discloses to the 
public direct, indirect, and cumulative environmental impacts of a 
proposed land-for-coal exchange between the Pittsburg and Midway (P&M) 
Coal Mining Company, the USDA Forest Service Bridger-Teton National 
Forest, and the Wyoming BLM, (Serial Number WYW148816).
    The FEIS analyzes a proposal made by P&M to exchange approximately 
5,859 acres of privately owned surface and coal resources for an amount 
of Federal coal of approximately equal value underlying privately owned 
lands. For all, or some portion, of an estimated 107 million tons of 
Federal coal in Sheridan County, Wyoming, P&M would exchange to the 
United States private land and mineral resources in Lincoln, Carbon, 
and Sheridan Counties, Wyoming. The USDA Forest Service and the Office 
of Surface Mining are cooperating agencies.

DATES: Comments on the FEIS will be accepted for 30 days following the 
date that the Environmental Protection Agency (EPA) publishes their 
notice of availability of the FEIS in the Federal Register. The BLM 
asks that those submitting comments on the FEIS make them as specific 
as possible with reference to page numbers and chapters of the 
document. Comments that contain only opinions, or preferences, will not 
receive a formal response, however, they will be considered, and 
included, as part of the BLM decision-making process. Comments, 
including names and street addresses of respondents, will be available 
for public review at the Bureau of Land Management, Casper Field 
Office, 2987 Prospector Drive, Casper, Wyoming, during regular business 
hours (8 a.m. to 4:30 p.m.), Monday through Friday, except holidays, 
and may be published as part of the Final EIS.

ADDRESSES: Please address questions, comments, or requests for copies 
of the FEIS to the Casper Field Office, Bureau of Land Management, 
Attn: Nancy Doelger, 2987 Prospector Drive, Casper, Wyoming 82604; or 
you may mail them electronically to the attention of Nancy Doelger at 
[email protected]; or fax them to (307) 261-7587. A copy of the 
FEIS has been sent to affected Federal, State, local government 
agencies, and to those persons who responded to the BLM indicating that 
they wished to receive a copy of the FEIS. Copies of the FEIS are 
available for public inspection at the following BLM and USDA Forest 
Service office locations:

[sbull] Bureau of Land Management, Wyoming State Office, 5353 
Yellowstone Road, Cheyenne, WY 82009
[sbull] Bureau of Land Management, Casper Field Office, 2987 Prospector 
Drive, Casper, WY 82604-2968
[sbull] Bureau of Land Management, Pinedale Field Office, 432 E. Mill 
Street, Pinedale, WY 82941
[sbull] Bureau of Land Management, Rawlins Field Office, 1300 N. Third 
Street, Rawlins, WY 82301
[sbull] USDA Forest Service, Intermountain Region, 324 25th Street, 
Ogden, UT 84401
[sbull] USDA Bridger-Teton National Forest, Kemmerer Ranger District, 
308 Highway 189 North, Kemmerer, WY 83101
[sbull] Bureau of Land Management, Buffalo Field Office, 1425 Fort 
Street, Buffalo, WY 82834

FOR FURTHER INFORMATION CONTACT: Nancy Doelger or Mike Karbs at the 
above Casper Field Office address, or telephone: (307) 261-7600.

SUPPLEMENTARY INFORMATION: The FEIS analyzes a proposal by P&M to 
exchange privately owned land and some mineral resources for Federal 
coal. The proposed exchange includes the surface and mineral estate on 
the parcels that would become Federal estate administered by the USDA 
Forest Service, Bridger-Teton National Forest (BTNF), (2,447.88 acres); 
and on 638.37 acres to be administered by BLM and adjacent to the BTNF. 
BLM would acquire 2,772.25 acres of surface to be administered in the 
Rawlins and Buffalo Field Offices and 807.69 acres of coal to be 
administered by the Buffalo Field Office. A description of the lands 
and resources offered to the United States Government by P&M and the 
tract of Federal coal selected by P&M follows.

Bridger Lands, Lincoln County, Wyoming

    Of the parcels north of Kemmerer, Wyoming, known as ``the Bridger 
Lands,'' approximately 2,447 acres are inholdings within in the 
administrative

[[Page 50806]]

boundaries of the Bridger-Teton National Forest, Kemmerer Ranger 
District, Wyoming. The addition of this acreage to the National Forest 
System (NFS) would be consistent with, and managed under, the Bridger-
Teton National Forest Land and Resource Management Plan, (1990). This 
would also be consistent with USDA Forest Service national policy to 
acquire private in-holdings whenever possible to facilitate management 
and administration of NFS lands and resources. Acquisition of these 
parcels would be beneficial to wildlife species, would increase public 
recreation opportunities, and protect surrounding NFS lands from the 
impacts of human development.
    The remaining parcels in Lincoln County are located outside of, and 
immediately adjacent to the Bridger-Teton National Forest and are 
contiguous to the 2,447 acres that would become part of NFS lands. The 
approximately 638 acres are due west of LaBarge, Wyoming, and would 
become public lands administered by the BLM, Pinedale Field Office. If 
the exchange is completed and BLM acquires the 638 acres of land, the 
Pinedale Resource Management Plan (1988) would be maintained to extend 
existing management direction to the Bridger Lands.

Lands and Surface Resources To Be Administered by USDA Forest 
Service

6th Principal Meridian, Wyoming

T. 26 N., R. 116 W.,
    Tracts 39, 41, and 42.
T. 26 N., R. 117 W.,
    Tracts 37-43
T. 27 N., R. 117 W.,
    Tracts 37-42.

    Containing 2,447.88 acres more or less.

Lands and Minerals To Be Administered by BLM

6th Principal Meridian, Wyoming

T. 26 N., R. 115 W.,
    Tracts 49, 57, and 71.

    Containing 638.37 acres more or less.

JO Ranch Lands, Carbon County, Wyoming

    P&M is offering the parcel (1,233.55 acres) known as the ``JO Ranch 
Lands'' to the United States Government. The JO Ranch Lands are 
southwest of Rawlins, Wyoming. Cow Creek, an ephemeral drainage that 
drains the west foothills of the Sierra Madre Mountains, flows through 
the JO Ranch Lands. This section of Cow Creek has riparian grassland 
habitat, and provides mule deer and elk crucial winter range. The JO 
Ranch Lands also include the JO Ranch or Rankin Ranch buildings, which 
are eligible for National Historic Site status. The JO Ranch Lands 
offered by P&M are surrounded by public lands and resources 
administered by the BLM Rawlins Field Office. If the exchange is 
completed and BLM acquires these lands, the Great Divide Resource 
Management Plan, (1990) would be maintained to extend existing 
management direction to the 1,233.55 acres of JO Ranch Lands.
    Because P&M does not own, and therefore cannot offer, any of the 
mineral estate underlying the JO Ranch lands, the subsurface estate and 
its resources would remain in private ownership.

Lands To Be Administered by BLM

6th Principal Meridian, Wyoming

T. 16 N., R. 90 W.,
    Sec. 6, lots 20, 23, 24, 27, NE\1/4\SW\1/4\;
    Sec. 17, SW\1/4\SW\1/4\;
    Sec. 18, NE\1/4\SE\1/4\;
    Tract 46.
T. 16 N., R. 91 W.,
    Sec. 12, NE\1/4\NE\1/4\, SW\1/4\NE\1/4\, SW\1/4\SW\1/4\, E\1/
2\SW\1/4\, W\1/2\ SE\1/4\;
    Sec. 13, W\1/2\NW\1/4\, SE\1/4\NW\1/4\, NW\1/4\SW\1/4\;
    Sec. 14, SE\1/4\NE\1/4\, NE\1/4\SE\1/4\, S\1/2\SE\1/4\;
    Sec. 22, SE\1/4\SE\1/4\, SE\1/4\SE\1/4\, SW\1/4\SE\1/4\;
    Sec. 23, W\1/2\NE\1/4\, S\1/2\NW\1/4\, N\1/24\SW\1/4\, SW\1/
4\SW\1/4\

    Containing 1,233.55 acres more or less.

Welch Ranch Lands, Sheridan County, Wyoming

    P&M is offering the United States Government the Welch Ranch 
parcel, approximately (1,538.70 acres). Approximately 1.5 miles of 
Tongue River frontage would be included. The Tongue River area of the 
``Welch Lands'' contains significant wildlife and fisheries habitat and 
would provide the public access to the Tongue River and these 
resources. The Welch Lands are surrounded by private lands and private 
and Federal minerals that are administered by the BLM Buffalo Field 
Office. In addition to the identified Welch Lands, the United States 
Government would acquire ownership of about 807.69 acres of the coal 
estate currently owned by P&M. Upon acquisition, the coal would be 
administered by the BLM Buffalo Field Office. If the exchange is 
completed and the Welch Lands become public lands, BLM will prepare a 
site-specific plan for the 1,538.70 acres of Welch Ranch Lands that 
would amend the Buffalo Resource Management Plan (1985, updated 2001).

Lands To Be Administered by BLM

6th Principal Meridian, Wyoming

T. 57 N., R. 84 W.,
    Sec. 1, S\1/2\NE\1/4\, SE\1/4\NW\1/4\, N\1/2\SW\1/4\, SW\1/
4\SW\1/4\;
    Sec. 2, lots 2, 3, S\1/2\N\1/2\, S\1/2\;
    Sec. 3, lots 3, 4, S\1/2\N\1/2\, N\1/2\S\1/2\, SE\1/4\SE\1/4\;
    Sec. 4, lots 1-4, S\1/2\NE\1/4\, SE\1/4\NW\1/4\, N\1/2\SE\1/4\.

    Containing approximately 1,538.7 acres more or less.

Minerals To Be Administered by BLM

    P&M owns and is offering to exchange the coal estate underlying the 
following lands:

6th Principal Meridian, Wyoming

T. 57 N., R. 84 W.,
    Sec. 1, S\1/2\NE\1/4\ (excluding 25.51 acres), SE\1/4\NW\1/4\, 
N\1/2\SW\1/4\ (excluding 1.2 acres);
    Sec. 2, S\1/2\NW\1/4\, S\1/2\ (excluding 5.6 acres);
    Sec. 3, S\1/2\NE\1/4\, SE\1/4\NW\1/4\, N\1/2\SE\1/4\, SE\1/
4\SE\1/4\.

    Containing 807.69 acres, more or less.

    P&M does not own, and is not offering, to exchange any other 
mineral rights underlying the Welch lands.
    In exchange for the above described lands, P&M proposes to acquire 
some portion of the Federal coal in the PSO Tract, described below. 
There are 6.41 acres of publicly owned surface estate included in the 
PSO Tract, which is not included in the exchange proposal. The 
remainder of the surface estate included in the tract is privately 
owned, primarily by P&M.

PSO Tract, Sheridan County, Wyoming

    The Federal coal that P&M is proposing to acquire is located 
immediately north of the Welch Ranch, underlying mostly P&M's private 
surface (``PSO Tract'') in Sheridan County. The Federal coal is found 
in two mineable coal seams, the Dietz 1, and Dietz 3. Recent 
exploration samples indicate that the Dietz 1 coal seam has an average 
BTU value of 9,279, and that the Dietz 3 has an average BTU value of 
9,352. Up to approximately 107 million tons of Federal coal may be 
exchanged depending on the final appraised value of both the land and 
coal resources that the United States Government would receive from 
P&M, and the value of the Federal coal.
    The legal description of the Federal coal being considered for 
exchange is as follows:

6th Principal Meridian, Wyoming

T. 58 N., R. 84 W.,
    Sec. 15, lot 1;
    Sec. 20, SE\1/4\;
    Sec. 21, E\1/2\NE\1/4\, S\1/2\;
    Sec. 22, NW\1/4\, W\1/2\SW\1/4\;
    Sec. 23, lots 3 and 4;
    Sec. 27, W\1/2\NW\1/4\, W\1/2\SW\1/4\;
    Sec. 28, All;
    Sec. 29, NE\1/4\, NE\1/4\SE\1/4\;
    Sec. 33, N\1/2\NE\1/4\;
    Sec. 34, SW\1/4\NE\1/4\, NW\1/4\NW\1/4\.

    Containing 2,045.53 acres more or less.


[[Page 50807]]


    The FEIS evaluates the site-specific and cumulative environmental 
impacts of exchanging the land and coal resources offered by P&M for 
Federal coal. P&M proposes to mine the coal in the PSO Tract if the 
exchange is completed as proposed and they acquire ownership of the 
coal resources in the Tract. Therefore, the FEIS considers the 
environmental impacts of mining the Federal coal as a possible 
consequence of executing the proposed exchange. If the land-for-coal 
exchange is approved, neither the Record of Decision (ROD) nor the 
Final EIS would constitute authorization for commencement of mining 
operations.
    Before land exchanges can be approved, they must meet two criteria: 
The exchange must be in the public interest as required under 43 CFR 
2200.0-6(b); and the value of the interests being exchanged must be 
equal as required under 43 CFR 2200.0-6(c). This environmental analysis 
is being prepared as required under 43 CFR 2200.0-6(h). It will be used 
as a supporting study in making a determination as to whether this 
exchange is in the public interest. Following completion of this 
environmental analysis but prior to the issuance of ROD, a public 
meeting will be held to receive public comment on the public interest 
factors of the proposed exchange as required under 43 CFR 2203.3.
    Both the USDA Forest Service and USDI BLM national land exchange 
review boards have technically reviewed P&M's proposal to exchange land 
for coal. Prior to a decision to approve, or disapprove, the exchange 
following the public interest determination meeting, the exchange will 
be subject to final review by each agency's national land exchange 
board, and the BLM Director, as well as the Department of Justice.
    The FEIS analysis assumes that all the Federal coal within the PSO 
Tract as proposed by P&M would be exchanged for all of the lands being 
offered by P&M. In accordance with 43 CFR 2200 the actual amount of 
Federal coal offered for exchange would be the amount required to equal 
the value of the lands offered to the United States Government by P&M. 
To ensure that the lands, or interests, being exchanged are of equal 
value, the fair market value of the respective properties must be 
evaluated. In this case, the fair market value of the P&M lands will be 
determined through a fee appraisal by a BLM-approved qualified 
appraiser. BLM will determine the fair market value of the Federal 
coal. An independent contract appraiser will review all appraisals.
    The EIS analyzes two alternatives, the Proposed Action and 
Alternative 1, No Action. Under the Proposed Action, the exchange would 
be completed and the Bridger, JO Ranch, and Welch Lands would become 
Federal lands administered by the USDA Forest Service and BLM. BLM is 
considering several options to the Proposed Action that would modify 
the Welch Lands to exclude an active underground coal seam fire on 
those lands. Under the proposed action, or any option, P&M would 
acquire an amount of Federal coal underlying the PSO Tract that would 
be equal in value to the Bridger, JO Ranch, and Welch Lands. 
Alternative 1 is the No Action Alternative, which assumes that the 
proposal to exchange would be rejected.
    Agency-Preferred Alternative: The BLM's preferred alternative is 
the Proposed Action. Because the Bridger Lands in Lincoln County 
include most of the remaining parcels of private land within the 
Bridger-Teton National Forest, Kemmerer Ranger District, the USDA 
Forest Service is a cooperating agency in the preparation of this FEIS. 
The USDA Forest Service's preferred alternative is the Proposed Action.
    The Office of Surface Mining Reclamation and Enforcement (OSM) is 
an additional cooperating agency. OSM has primary responsibility to 
administer programs that regulate surface coal mining and the surface 
effects of underground coal mining operations. If the exchange is 
completed, the coal would no longer be Federally owned, however; OSM 
would retain some oversight responsibilities for the regulation of the 
proposed surface coal mine.

Land Use Plans

    If the exchange is completed, the United States Government would 
acquire ownership of the lands and minerals offered by P&M for 
exchange. At that time, the USDA Forest Service would use the analysis 
documented in this FEIS to revise the land ownership status maps and 
extend management direction to the Bridger Lands that would become NFS 
lands. The BLM would use the analyses documented in this FEIS to 
maintain the Pinedale RMP and Rawlins RMP to extend management 
direction to the Bridger Lands and JO Ranch Lands that would become 
public land. The Buffalo Field Office would use the analyses to 
identify the isolated parcel (the Welch Ranch Lands) as public lands 
administered by the BLM under the Buffalo RMP. In addition, Buffalo 
Field Office intends to use the analysis to prepare a site-specific 
plan for the Welch Lands to amend the BLM Buffalo RMP (1985, amended 
2001).
    Individual respondents may request confidentiality. If you wish to 
withhold your name or street address from public review or from 
disclosure under the Freedom of Information Act, you must state this 
prominently at the beginning of your written comment. Such requests 
will be honored to the extent allowed by law. All submission from 
organizations or businesses, and from individuals identifying 
themselves as representatives of officials of organizations or 
businesses, will be made available for public inspection in their 
entirety.

    Dated: June 11, 2003.
Robert A. Bennett,
State Director.
[FR Doc. 03-21636 Filed 8-21-03; 8:45 am]
BILLING CODE 4310-22-P