[Federal Register Volume 68, Number 166 (Wednesday, August 27, 2003)]
[Notices]
[Pages 51591-51592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21866]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Final Preassessment Screen for the Chino and Tyrone Mines, Grant 
County, New Mexico and the Morenci Mine, Graham County, Arizona

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

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SUMMARY: The Department of the Interior, through the U.S. Fish and 
Wildlife Service, has conducted a preliminary screen of existing data 
and literature pertaining to injuries to natural resources from 
releases of hazardous chemicals from three large open-pit copper mines 
in southwestern New Mexico and southeastern Arizona (the Phelps Dodge 
Chino, Tyrone, and Morenci mines). Information available to the 
Department has resulted in a determination that there is a reasonable 
probability of making a successful claim for natural resource injuries. 
This determination, pursuant to the Comprehensive Environmental 
Response, Compensation, and Liability Act, (42 U.S.C. 9607, and 
Departmental regulations found at 43 CFR part 11), is

[[Page 51592]]

memorialized in the document entitled ``Final Preassessement Screen for 
the Chino, Tyrone, and Morenci Mine Sites, Grant County, New Mexico and 
Graham County, Arizona.''

DATES: Documents and other information submitted with the 
determinations are available for review, subject to the requirements of 
the Privacy Act and Freedom of Information Act, by any party who 
submits a written request for a copy of such documents by October 14, 
2003.

ADDRESSES: Copies of the preassessment screen are available on the 
Internet at http://ifw2es.fws.gov/library, or may be requested from the 
Service at U.S. Fish and Wildlife Service, 2105 Osuna, NE, Albuquerque, 
New Mexico 87113, (505) 346-2525 or U.S. Fish and Wildlife Service, 
P.O. Box 1306, Room 4102, Albuquerque, New Mexico 87103, (505) 248-
6648.

FOR FURTHER INFORMATION CONTACT: Karen Cathey, U.S. Fish and Wildlife 
Service, Ecological Services, Division of Habitat Conservation/
Environmental Contaminants, P.O. Box 1306, Room 4102, Albuquerque, New 
Mexico 87103, (505) 248-6648.

SUPPLEMENTARY INFORMATION:

Background

    Among the mines within a 500 mi2 region of Southwestern 
New Mexico and Southeastern Arizona (Gila Region), the Phelps Dodge 
Corporation Chino, Tyrone, and Morenci open-pit copper mines are among 
the largest. Several ephemeral streams have been impacted by downstream 
releases, and portions of the Gila and San Francisco Rivers and their 
tributaries (bordered by the Gila and Apache National Forests) have 
been affected by high concentration metal pulses. Four species listed 
under the Endangered Species Act (spikedace, loach minnow, southwestern 
willow flycatcher, and Chiricahua leopard frog) frequent the affected 
areas, and resources under the management of the Bureau of Indian 
Affairs and Bureau of Land Management may have been impacted.
    In September and October 2000, numerous dead birds were discovered 
at the Phelps Dodge Chino and Tyrone Mines in New Mexico, and the 
Morenci Mine in Arizona. The discovery of these dead birds (with a 
strong causal link to death by acid and metal poisoning), and the 
completion of an ecological risk assessment at an area impacted by 
historical copper smelter emissions (with direct evidence of injury to 
Department of the Interior trust resources), requires that the 
Department move forward with assessment of further injuries 
immediately. The Department has contacted the parties potentially 
responsible for releases of hazardous materials and invited them to 
participate in the assessment of injuries. Should evaluation of data 
indicate further extensive assessment studies are necessary, an 
assessment plan will be published and public comments solicited.
    The preassessment screen indicates there are multiple methods that 
could be used in the of valuation of damages, including one method 
called ``contingent valuation.'' While this method is evaluated in the 
document, it is not likely that the Department would use the contingent 
valuation method because it depends heavily on subjective opinions in 
its analysis. More likely, once extent of injuries are determined, the 
Department would use one of the other methods of damage determination: 
Examples of such restoration project(s) would be where the responsible 
party conducts the implementation of the restoration project with 
Trustee oversight and no determination of specific monetary damages are 
made, or where the Trustees perform restoration projects funded by 
responsible parties.

Bryan Arroyo,
Acting Regional Director, Southwest Region, Albuquerque, New Mexico, 
Authorized Official, Department of the Interior.
[FR Doc. 03-21866 Filed 8-26-03; 8:45 am]
BILLING CODE 4510-55-P