[Federal Register Volume 68, Number 181 (Thursday, September 18, 2003)]
[Notices]
[Pages 54706-54707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23815]


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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. 181 / Thursday, September 18, 2003 / 
Notices  

[[Page 54706]]



DEPARTMENT OF AGRICULTURE

Forest Service


Gray Mountain Coal Lease Proposal

AGENCIES: Forest Service, USDA; Cooperating Agencies: Bureau of Land 
Management, (BLM) and the Office of Surface Mining, (OSM).

ACTION: Revised notice of intent for coal leasing beneath the Daniel 
Boone National Forest in Leslie County, Kentucky.

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SUMMARY: The U.S. Forest Service (USFS) is preparing a Land Use 
Analysis/Environmental Impact Statement (LUA/EIS) to analyze the 
environmental impacts of leasing three federal coal reserve tracts. The 
three tracts total 1,210.44 acres and underlie lands administered by 
the Redbird Ranger District of the Daniel Boone National Forest. The 
tracts are adjacent to an existing underground coal mine on private 
lands.
    The name of the project has been modified since the previous Notice 
of Intent was published. The Notice of Intent (NOI) that was published 
in the Federal Register on February 13, 2003; (pgs. 7338-7340) had the 
project named as the ``Beech Fork Coal Lease Proposal.'' It has been 
revised to the Gray Mountain Coal Lease Proposal.
    The second revision pertains to the type of documentation that was 
to be prepared for the project. The previous NOI stated that a project 
specific Land and Resource Management Plan amendment was to be done in 
conjunction with the EIS. The proposal will be analyzed by a LUA/EIS. A 
LUA is provided to address coal lease applications by 43 CFR 3420.1-4.
    The previous NOI also states that the EIS will address the 
Unsuitability Criteria listed in (43 CFR 3461). The criteria will not 
be assessed on these properties based upon the decision of June 3, 
2003, Citizens Coal Council, et al., v. Secretary of Interior, and the 
National Mining Association, which deals with the definition of 
``surface coal mining operations.'' The decision of the Court was that 
subsidence is not included in ``surface coal mining operations'' as 
defined by the Surface Mining Control and Reclamation Act. Therefore, 
the Unsuitability Criteria will not be applied in this LUA/EIS based on 
the requirements of the Underground Mining Exemption found at 43 CFR 
3461.1.
    Lastly, the previous NOI had some dates set by when we anticipated 
the draft and the final EIS to be completed. The dates as to when the 
draft and final EIS is completed will be announced in the Federal 
Register by separate notice.
    Authority: The Mineral Leasing Act of 1920 (MLA) authorizes the 
leasing of federal coal in tracts that permit the mining of all 
economically extractable coal. The Mineral Leasing Act for Acquired 
Lands of 1947 extended provisions of the Mineral Leasing Act of 1920 to 
acquired National Forest System lands and required the consent of the 
Secretary of Agriculture prior to leasing. The Federal Coal Leasing 
Amendments Act (FCLAA) provides specific provisions for land use plans 
relating to coal. The Daniel Boone National Forest Land Resource 
Management Plan provides overall guidance for land management 
activities, including extraction of mineral resources. The Forest Plan 
provides for the consideration of lease proposals in the project area 
and directs that special stipulations be used to protect surface 
resources.
    Since the passage of the FCLAA, the federal government has had the 
authority to lease minerals on federal lands. The act requires that the 
lands be included in a comprehensive land use plan, and the lease be 
compatible with the plan and meet the requirements of the National 
Environmental Policy Act of 1969 (NEPA).
    Executive Order 13212, May 18, 2001 is intended to improve the 
internal management of the federal government in dealing with 
processing energy-related projects in a timely manner to aid the flow 
of domestic mineral production. The Forest Plan, as noted previously, 
identifies standards and guidelines, some of which are applicable to 
mineral activities. The Daniel Boone National Forest is presently 
preparing a revision to the Forest Plan that will be accompanied by its 
own EIS. However, 42 United States Code (U.S.C.) section 885 does not 
permit the Secretary of Agriculture to delay processing of lease 
applications pending the completion of the revised Forest Plan. The 
current Forest Plan guides management of this national forest until the 
revised plan is completed and the administrative appeal process has 
ended. The Forest Service is publishing this Notice Of Intent pursuant 
to the Council on Environmental Quality implementing regulations of the 
National Environmental Policy Act at 40 CFR 1501.7.

FOR FURTHER INFORMATION CONTACT: Corey Miller is the Interdisciplinary 
Team Leader for this proposed action. He can be reached by U.S. mail at 
the Daniel Boone National Forest, 1700 Bypass Road, Winchester, KY 
40391; by phone at (859) 745-3149; or by e-mail at [email protected].
    Lead and Cooperating Agencies: The U.S. Department of the 
Agriculture Forest Service, Daniel Boone National Forest is the lead 
agency. There will be two cooperating agencies associated with this 
project--U.S. Department of Interior (USDI) Bureau of Land Management 
(BLM), Jackson Field Office, Jackson, MS and the USDI Office of Surface 
Mining (OSM), Lexington, KY.
    Responsible Officials: The Forest Supervisor is the responsible 
official from the Forest Service for this project. The Field Manager--
Jackson Field Office is the responsible official from the BLM for this 
project. The Field Office Director--Lexington, Kentucky is the 
responsible OSM official for this project.
    Decision to be Made: The responsible official for the Daniel Boone 
National Forest will determine if the leasing of federal coal tracts 
underlying these National Forest System lands will occur after the EIS 
is prepared and what stipulations should be applied if a lease or 
leases are issued.
    The Bureau of Land Management has been the responsibility to 
address coal lease applications (coal lease sales) on federal mineral 
reserves. In consultation with the USFS, the responsible official for 
the BLM will decide whether or not to offer the tracts for competitive

[[Page 54707]]

leasing, and under what terms, conditions, and stipulations.
    If leased, the Office of Surface Mining will be responsible for 
providing recommendations to the Secretary of the Interior regarding 
approval, disapproval, or conditional approval of the mine plan, with 
input from the BLM.
    The Office of Surface Mining, with input from the U.S. Forest 
Service, will also be responsible for providing recommendations to the 
Secretary of the Interior concerning the issuance of findings as to 
whether or not the proposed mining areas contain significant 
recreational, timber, economic or other values that may be incompatible 
with the proposed mining activities.

Purpose and Need for the Proposal

    The purpose and need for the LUA/EIS is to determine if Federal 
coal will be leased in response to the lease application submitted for 
this federal coal. Private coal leases, permitted by the state, 
surround the proposed federal coal lease tracts. The leasing of this 
coal would allow for the development of the private and federal coal 
resources in an economic and efficient manner and would maximize the 
recovery of the coal.
    Scoping Process: Scoping is the process used to determine the scope 
of issues to be addressed and for identifying the significant issues 
related to this project. Public involvement is an integral component of 
scoping. The public has been contacted in several different ways, 
provided information about this project, and given an opportunity to 
provide input. Information has been sent to a mailing list of 
individuals, groups, and agencies that are known to have an interest in 
this project or have previously expressed an interest in projects of 
this nature or general activities in the project area.
    In addition to the publication of this Notice of Intent, legal 
notices have been published in the Lexington (KY) Herald-Leader and the 
Manchester (KY) Times.
    A Public scoping open house meeting was held at the Leslie County 
Extension Office at 22045 Main Street in Hyden, KY on February 24, 2003 
from 6 p.m. to 9 p.m.
    Additional hearings pursuant to Title 43 Code of Federal 
Regulations (CFR) Section 1610.2 and 43 CFR 3425.4, will be announced 
through the Federal Register, local news media and Web sites at least 
15 days prior to the event.
    Preliminary Issues: Preliminary issues of concern include 
subsidence, and changes in the local hydrologic regime and water 
quality. The potential for surface and ground water resource impacts 
will be studied in the EIS.
    Preliminary Alternatives: The Proposed Action is to lease the 
Federal tracts for development and mining. The No Action Alternative is 
to not lease the Federal tracts.
    Permits or Licenses Required: Should a Federal coal lease be 
issued, a permit is required from the State Department Of Surface 
Mining Reclamation and Enforcement prior to any development of the coal 
resources.
    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. Firstly, reviewers 
of the draft EIS 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 concerns (Vermont 
Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 553 (1978)). Also, 
environmental objections that could be raised at the draft EIS stage, 
but are not raised until after completion of the final EIS, 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 project participate 
by the close of the comment period, for the draft EIS so that 
substantive comments are made available to the Forest Service at a time 
when the comments can be meaningfully considered and responded to in 
the final EIS.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the draft EIS should 
be as specific as possible. It is also helpful if comments refer to 
specific pages or chapters of the draft EIS. Comments may also address 
the adequacy of the draft EIS or the merits of the alternatives 
formulated and discussed in the draft EIS. 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.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the draft EIS should 
be as specific as possible. It is also helpful if comments refer to 
specific pages or chapters of the draft EIS. Comments may also address 
the adequacy of the draft EIS or the merits of the alternatives 
formulated and discussed in the draft EIS. 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.
    After the comment period ends on the DEIS, the comments will be 
analyzed, considered, and responded to by the Forest Service in 
preparing the FEIS. The FEIS is scheduled to be completed in November 
2003. The responsible official will consider the comments, responses, 
environmental consequences discussed in the FEIS, and applicable laws, 
regulations, and policies in making a decision regarding this proposed 
action.
    The responsible official will document the decision and reasons for 
the decision in a Record of Decision. That decision will be subject to 
appeal in accordance with 36 CFR Part 215.

Benjamin T. Worthington,
Forest Supervisor, Daniel Boone National Forest.
[FR Doc. 03-23815 Filed 9-17-03; 8:45 am]
BILLING CODE 3410-11-M